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HomeMy WebLinkAbout81-162 ,\ .., The Corporation of the Ta:vn of Newcastle By-Law No. 81-162 being a by-law to authorize the entering into an agreeIOOnt with the Ministry of Municipal Affairs and Housing '!he Municipal Council of the Corporation of the TCM7Il of Newcastle hereby, ENACTS AS :FOLIDWS: . '!hat the Mayor, Clerk and Treasurer are hereby authorized to execute, on behalf of the Corporation of the TCM7Il of Newcastle, and seal with the Corporation Seal, an agreement between the Ministry of Municipal 'Affairs and Housing and the Corporation dated the 5th day of October, 1981, which agreerrent is attached hereto and marked Schedule "A". . BY-lAW READ a first ti.Ire this 5th day of October, 1981. BY -LAW READ a second tima the 5th day of October, 1981. BY -LAW READ a third t:iroo and FINAlLY PASSED this 5th day of October, 1981. . /-" .~ G.B. Rickard,. ../~ ~;'t:~.c~ Mayor' ( Seal D.W. Oakes Town Clerk /'D~ tf)A . IF' .. I Wlidl -...:...:.~..:.:..:;-~-~-.----------------:.-.:..:..:..::.:.;-~--------------------. " , -Ci) Ontario Ministry of Municipal Affairs and Housing A1mctl 70 ~/~~~ E y"- LA...,) t . . . 1311-73(6/81) Field Services Branch, Mowat Block - 3rd FIr., Queen's Park, Toronto, Ontario, M7A 1C2. 965-1495. September 21, 1981. Mr. John T. White, R. R. 1 Shannonville, Ontario, KOK 3AO. Dear Mr. White: This letter when counter-signed by you shall constitute a contractual arrangement between yourself as "consultant" and this "Ministry". Whereas the Treasurer of the Town of Newcastle has accepted the offer of the Ministry to provide her with a Resource person to assist and advise in respect to the financial adminis- tration generally in the Town and in particular to: (a) The preparation including format and content of Reports to Council (b) The together budget. preparation of Capital Budget and five year forcast with assisting in the preparation of the 1982 (c) Assistin g in the including purchasing Review of Accounting Procedures procedures and budgetary controls. all of which shall constitute the "Work". 1. The Ministry retains your services to carry out the "Work" and you agree to provide your services. 2. The Consultant shall be paid the sum of Two Hundred and Fifty Dollars ($250) per diem for each day spent in carrying out the Work. The consult- ant will be entitled to 2 hours travelling time from his residence to Newcastle per diem, it being under- stood that any excess in travelling will not be com- pensated, and further that no travel time allowance shall be made where the Consultant charges for overnight accommodation at Newcastle. 3. The Consultan t September 30th, shall commence 1981 or on such on as the wor k prior date . - 2 - . mutually agreeable to the Consultant and the Treasurer. 4. The Consultant shall submit to the Minstry monthly invoices in such form, and of such content and verified in such manner as the Ministry may re- quire, documenting the time spent in carrying out the Work, which invoices are payable upon the approval by the Director of Field Services Branch. 5. All reports including data, working papers and other documents prepared or generated by the Consultant shall be and remain the sole property of the Town and/or the Ministry. 5. II The Consultant may retain a copy of such docu- ments but shall not use or permit the use thereof for any other purpose without the consent in writ- ing of the Town and/or the Ministry. . 5. III The Consultant during the term of this Agreement or after its completion shall not divulge any confi- dential information communicated to or acquired by them in the course of carrying out the Work pursu- ant to this Agreement, without the written consent of the Town. 6. The Town shall have the right to take possession of and to use any completed or partially completed portions of the Work notwithstanding any provisions expressed or implied to the contrary. 7. The extent of the services to be provided to com- plete the Work shall not be varied except with the written approval of the Ministry. It is further understood and agreed that the aggregate of the actual costs for all activities completed, including out of pocket expenses, shall not exceed the sum of Eighteen Thousand Dollars ($18,000). 8. This Agreement or any portion thereof shall not be assigned without the consent in writing of the Ministry. 9. The Ministry agrees to pay the Consultant his travel expenses in accordance with the appropriate schedule of rates as set out in the Civil Service Regulations of the Province of Ontario, throughout his engagement by the Province. . 10. The Consultant shall indemnify and save harmless the Ministry from and against all claims, actions, losses and expenses, costs or damages of every ~, - 3 - . nature and kind whatsoever which may be occa- sioned as a result of any act or omission of the Consultant. 11. Either the Ministry or the Consultant may at any time by written notice of at least five (5) working days terminate this Agreement. 12. Any notice herein provided for or given hereunder if given by the Ministry to the Consultant shall be sufficiently given if mailed to the Consultant by prepaid registered post addressed to him at: R. R. 1, Shannonville, Ontario, KOK 3AO. 13. Any notice herein provided for or given hereunder if given by the Consultant to the Ministry shall be sufficiently given if mailed to the Province by pre- paid registered post addressed to: . The Director, Field Services Branch, Ministry of Municipal Affairs and Housing, Mowat Block, 3rd Floor, Queen's Park, Toronto, Ontario, M7A 1C2. 14. Any notice shall be deemed to have been given on the date of the mailing. Either the Ministry or the Consultant may at any time give notice in writing to the other of an y chan ge in address of the party giving such notice and after the giving of such notice the address therein specified shall be deemed to be the address of such party of the giving of such notice thereafter. I trust the above terms and conditions are satisfactory. Yours very truly :=D~ ~ Duane Tulloch . . . . , . .. . - 4 - I hereby accept the engagement in accordance with the terms and conditions. ~ I hereby acknowledge receipt of an executed copy of this letter and am agreeable to the arrangement set out therein. ~l.M.~._a (cM~w.eR.... IJreasurer. is'I-~.,qw NC, gf-C.'l- Approved by Resolu.H<m of the Corporation of the Town of Newcastle. t:JJ/./c-Tt:D OCTO~c/{. s TH ttj'g/. ~~r--L_/ Mayor. ./ ~,~