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HomeMy WebLinkAbout71-9THE CORPORATIO17 OF THE TOt•Ti? OF BO'NT2 i1VILLE BY -LAlvT NO. 71 A BY -LZiW TO AUTHORIZE THE EXECUTIOi? OF AY AGREEHEPT RELt1TI1 7G TO THE PlaTICIPATIOi; OF THE TOtdi: OF BOWl,Vd7VILLE Ii? THE OSHMHZi AREA PLZdTI?ING AND DEVELOPME TT STUDY BE IT EIIACTED Ai ?D IT IS i-T,ERE ")Y EiIACTED AS !. BY -LLW OF THE CORPORATIOi`? OF THE TOW1 OF BOWFiNVILLE, BY THE CCUITCIL THEREOF AS FOLLOWS: (1) THAT THE i•u?YOR !i_?D CLERI <. BE _?ID THEY 1�L HEREBY AUTHORIZED TO EXECUTE Ai? AGREEME1 T Ii THE FORM ATTACHED HERETO AS SCIEDULE T'A'T TO THIS BY -LZaW BETWEEP THE CORPORATIOIT OF THE CITY OF OSHLiWl., Al D THE CORPO &Sl IOi?S OF THE 10th'? OF WHITBY, THE TOVI•aSHIP OF EAST WHITBY, THE TCVt ?SHIP OF DIRLIi ?GTC , THE TOW1? OF BOLT,'1u?VILLE, THE VILLAGE OF PICItERIiTG, THE TOW ?SHIP OF PIC:ERIDG, AilD THE TOWN OF A14iX. (2) THAT SCHEDULE ".L" ATTACHED HERETO SHALL FORM PART OF THIS BY -LAW. BY -LAW REDID A FIRST TIME THIS 5TH DAY OF APRIL, 1971 BY -LAW READ A SECOND TIME THIS 5TH DAY OF APRIL, 1971 BY -LAW READ A THIRD TIME, hi-ID FINALLY PASSED THIS 5TH DAY OF APRIL, 1971° SGIID o;, SGIID IVA 1 M. HOBBS , PIAYCR 11.4.71 THIS AGREEMENT made as of the day of 19 B E T W E E N The Corporation of the City of Oshawa (hereinafter called "Oshawa ") , of the First Part, -and- The Corporations of The Town of Whitby, The Township of East Whitby, The Township of Darlington, The Town of Bowmanville , - - The Village of Pickering, The Township of Pickering, and The Town of Ajax, (hereinafter called the "other Participating Municipalities "), of the Second Part. WHEREAS the Provincial Treasurer and Minister of Economics, The Minister of Highways, and the Minister of Municipal Affairs (hereinafter referred to as the `Province "). have agreed to parti- cipate in the Oshawa Area Planning and Development Study being undertaken by a group of municipalities in the basic study area (hereinafter referred to as the: "Study ") ; AND WHEREAS the group of participating municipalities in the.basic study area is made up of Oshawa and the -other participating municipalities; -2- AND WHEREAS the Council of Oshawa passed the following resolution at its meeting of July 21st, 1969 "That the City of Oshawa be used as a corporate body to sign the agreement with the Consultants and the Province to begin the O.A,P.A.D,S. Study by August 1st, 1969, and further that the contract with the City con- tain a provision limiting the liability of the City of Oshawa to the amounts appropriated and furnished for the study by the Province and the participating muni- cipalities '; AND WHEREAS Oshawa proposes to enter into an Agreement dated September 15t1i, 1969, with Kates, Peat, Marwick & Co. who have been appointed the Consultants to the Study; a copy of which agreement, and the final appraisal report, appendix to final appraisal, all of which are appended to the agreement, has been received by each of the Participating Municipalities including Oshawa.. AND WHEREAS.the Consultants have established components of the Study to be undertaken under their supervision, which components and the estimated costs thereof have been set forth in Table 1 -2 entitled 'Study Cost Summary' of the Final Appraisal Summary dated March, 1969, as prepared by the Consultants and adopted by the Executive Committee; AND WHEREAS other expenditures may be incurred to progress and administer the Study; W -3- AND WHEREAS the total estimated cost of the Study including such other expenditures and the sums paid to the Consultants, is set out in Schedule "E" hereto; AND WHEREAS a committee of representatives 'of the Participating Municipalities and others has been formed to manage and control the said Study, which committee is hereinafter referred to.as the Executive Committee; AND WHEREAS Oshawa has requested the other Participating Municipalities to enter into this Agreement; NOW THEREFORE in consideration of the premises and the paymentof Seven Dollars ($7.00) of lawful money of Canada by the other Participating Municipalities to Oshawa, the receipt whereof is hereby acknowledged, the parties hereto agree as follows: 1. Oshawa agrees to be responsible for the administration of the financial affairs of the Oshawa Area Planning and Development Study, and without limiting the foregoing receive and deposit all moneys in a special account, disburse by cheque all such moneys received as hereinafter provided, keep records of all receipts and disbursements, and provide statements of all receipts and disbursements when required. -4- 2. Oshawa shall report to and receive instructions from the Executive Committee of the Study through the Executive Administrator, in fulfilling its responsibilities under this agreement. 3. The parties hereto agree that the costs of the Study shall be apportioned and paid as follows: (a) The Province will pay the full cost of the Regional Government Structure and Implementation Component of the Study together with a further'sum on account of that portion of the costs of the Co- ordination, Control and Administration and the Report Typing, Drafting and Printing, and Out -of- pocket Project Management Expenses, including Part -time Study Area Office and Secretary Components, relating to such Regional Government Structure and Implementation Component which further sum will be that proportion of the cost of all tasks relating to the I Co- ordination, Control and Administration and Report Typing, Drafting and Printing and Out -of- pocket Project. Management Expenses including Part -time Study Area Office and Secretary Components on the ratio which the Regional Government Structure and Implementation Component bears ­to the cost of the Study as set out in the final appraisal. (b) All other Study costs except those described in (a) j -5- above shall be apportioned between the Province and the participating municipalities_in a ratio of 3 to 1, so that 75% of the cost is payable by the Province and the remaining 25% payable by Oshawa and the other participating municipalities in the proportion set out in subsection (c) of this paragraph. (c) The share of the cost to be borne by Oshawa and the other participating municipalities shall be pro rated amongst Oshawa and the other participating municipalities on the basis of the population of each municipality existing for the year immediately prior-to the calculation of the apportionment. (d) Notwithstanding anything hereinbefore set out any expenditure from the Contingency account shall be apportioned to the appropriate study component on account of which such expenditure from the Contingency account is made and shall be treated as an addition to the sum budgeted for that particular component. 4. It is further understood and agreed between the parties (a) That the Province will finance the total Study cost. from the co-tunencement of the Study -to December 30th, 1970`, M-M or the submission of the Regional Government Report by the Executive Committee, whichever is the later (b) Thereafter the Province and Oshawa and the other participating municipalities will finance the Study. 5.: The parties acknowledge and agree that the total estimated cost of the Study is as set out in Schedule "B" hereto. 6. The cost of the Study shall include all items specifically mentioned in Schedule "B" to this agreement and shall include all costs incurred directly to progress and administer the Study and any cost or expenses incidental thereto, and without limiting the generality of the foregoing to include the employment of the Executive Director and his staff and expenses relating to the office, but shall not include salaries or expenses of elected or appointed officials of any participating municipalities or of the Province for attendance of any meetings or for rendering any service to the Study. 7. . . Oshawa through its Treasury Department will advise each of the other participating municipalities of its anticipated share of the cost of the Study for such year in sufficient time for each municipality to include such an amount in its budget for that year. 8. Oshawa through its Treasury Department will invoice the other participating municipa- lities for their proportion of the costs -7- incurred up to the date specified in subsection(a) of paragraph 4 hereof, and shall make payment to the Province of the share of Oshawa and the other participating municipalities to that date. Thereafter Oshawa will invoice the other participating municipalities quarterly in arrears throughout the Study. Oshawa shall be entitled to charge interest on any amounts unpaid 30 days after the date of the invoice at the prime rate of bank interest for preferred loans. 9. The other participating municipalities hereby covenant and agree with Oshawa to pay moneys upon receipt of invoices. 10. The other participating municipalities hereby covenant and agree to protect and save harmless Oshawa from any claims which shall be made.against Oshawa arising out of any costs in.connection with the Study and hereby indemnify Oshawa for any costs or disbursements over and above Oshawa's pro rated share of the cost of the Study. 11. Oshawa agrees to prepare annually for the participating municipalities an accounting statement of the cost by component with an anticipated cost of each component for the following year and forward a copy to the Executive Committee aforesaid and to each of the other participating municipalities. 12. Upon the completion of the Study Oshawa will prepare an audited financial statement of the Study which final statement shall contain a comparison of the actual and estimated expenditures. 13.. It is further understood that all invoices shall be sub- mitted to Oshawa through the Executive Administrator of the Study and. such invoices must be approved by the Executive Administrator prior to the processing for payment of any invoice by Oshawa. 14. It is further.understood between the parties: (a) (i) That up to December 30,-1970 or the submission of the Regional Government Report by the Executive Committee, whichever is the later'. Oshawa will for- ward all invoices to the.Province through the Depart- ment of Highways for the issuance of cheques; (ii) Thereafter all invoices shall be apportioned as between the Province and the participating ,municipalities including Oshawa, and Oshawa will issue cheques on behalf of itself and the other participating municipalities and the balance of the invoice amount shall be forwarded to the Department of Highways for the issuance of payment cheques; (iii) .All cheques issued by the Province shall be returned to Oshawa for distribution, or, in the alternative, if the Province wishes to forward the cheques directly to the payee, it must forward ea summary list of all ,cheques so distributed to Oshawa. M (b) That all the expenses of maintaining the office of the Executive Administrator of the Study including salaries have been and will continue to be paid in full by Oshawa, which sums when paid shall be treated as invoices and paid pursuant to Section 14(a).(i) or 14(a)(ii) whichever is applicable at the time. (c) Payment shall be.made according to the payment procedure set out in Schedule "A" attached hereto. 15. The liability of Oshawa hereunder shall be limited as set-out in the resolution passed by the Council of the Corporation of the City of. Oshawa on the 21st day of July, 1969, hereinbefore recited. 16. This agreement shall take effect from the 15th of September, 1969. 17. In the event that any party hereto neglects or refuses to execute this agreement, the agreement shall notwithstanding the neglect or refusal be binding upon the parties executing the agree- ment to*the extent of the contribution for which the parties would be liable had the party or parties so neglecting or refusing, executed the agreement, and Oshawa may proceed to enter into agree- ment with the Consultant committing the City to the payment of all -10- sums except the portion which should have been paid by the party or parties neglecting or refusing to sign this agreement. IN WITNESS WHEREOF the parties hereto have hereunto executed this agreement and affixed their corporate seals attested by their proper officers in that behalf. - THE CORPORATION OF THE CITY OF OSHAWA MAYOR - CLERK THE-CORPORATION OF THE TOWN OF WHITBY CLERK THE CORPORATION OF THE TOWNSTrIP OF REEVE CLERK THE CORPORATION OF THE TOWNSHIP OF DARLINGTON REEVE GT E K -11- THE CORPORATION OF THE TOWN OF BOWMANVILLE MAYOR CLERK THE CORPORATION OF THE VILLAGE OF PICKERING REEVE CLERK THE CORPORATION OF THE TOWNSHIP OF PICKERING REEVE CLERK THE CORPORATION OF THE TOWN OF AJAX MAYOR CLERK SCHEDULE "A" to Agreement dated as of the day of , 19 between The Corporation of the City of Oshawa and The Corporations of The Town of Whitby, The Township of East Whitby, The Township of Darlington, The Town of Bowmanville, The Village of Pickering, The Township of Pickering, and the Town. of Ajax PAYMENT PROCEDURE 1. All invoices shall be first submitted by the Consultants to the Executive Administrator of the Oshawa Area Planning and Development Study. 2. Invoices shall be submitted in quadruplicate, one copy being for the Executive Administrator and three copies for the City of Oshawa, Treasury Department. 3. Notwithstanding other details which may be deemed necessary in the future, all invoices shall include the fol- lowing information: (a) Date of Invoice, Number and Time Period covered. (b) Each invoice shall, where applicable, be supple- mented and supported by component invoices from the firms or organizations represented by the Consultants. (c) Each invoice shall indicate the respective Study components and a code relating each component task to the final appraisal. (d) The percentage of task completed during the billing period and the total percentage completed to date. (e) The amount of invoice for billing period, amount of invoice to date and any holdback amounts which have not been paid. 4. The Executive Administrator may recommend for payment all invoices which relate to payment of an authorized undertaking subject, however, to the following conditions: (a) A periodic (monthly, if practicable) summary of all payments made during the preceding period shall be provided to the Executive Committee and the Study Operations Committee. (b) With respect to the Executive Administrator's authority to recommend payment of the Consultants' invoices, it shall be ,limited to an accumulated expenditure which is*less than eighty -five percent :of the total authorized expenditure for each.com- ponent. (c) At such time as an accumulated component expendi- ture for Consultants` services is equal or greater than eighty -five percent of the authorized compo- nent expenditure, the following.procedure shall be applicable: (1) The Executive Administrator shall recommend- the invoice for payment, either in the amount submitted, or in an amended amount based upon consultation with Technical Sub - Committee and /or the Study Operations Committee, as may be appro- priate. (2) The invoice shall be submitted to the Execu- tive Committee for approval and authorization of payment. 5. Except as herein noted, the Executive Administrator shall recommend payment of all invoices and submit the same to the :Treasury Department of the City - of Oshawa for recording and further processing. 6. The Treasury Department of the City of Oshawa will: (a) Check the mathematics of all invoices. (b) Check the amount of invoices to available fund balance per.component and item in Appendix to Final Appraisal. (c) Check invoices against previous invoices. (d) Record invoice amounts. (e) Maintain a continuing record of all Study expen- dtures in accordance.with the Study components and such further subdivisions as may be deemed advisable. 7. Up to December 30th, 1970, or the submission of the Regional Government Report by the Executive Committee, whichever is the later, the Treasury Department of the City of Oshawa will forward invoices, excepting those accounts payable directly by the City of Oshawa, to the Ontario Department of Highways for issuance of payment cheques. -3- g, After December 30th, 1970, or the submission of the Regional Government Report by the Executive Committee, whichever is the later, payment in accordance with the agreed upon provincial municipal cost sharing will be made directly by the City of Oshawa on behalf of the participating municipalities and the balance of any invoice amount shall be paid by the.Ontario Department of High- ways. _9, All cheques issued by the Province of Ontario shall be returned to the Treasury Department of the City of Oshawa for distribution, or as an alternative, mailed directly to the source of invoice and a summary list of cheques so distributed by the Province of Ontario provided to the Treasury Department of the City of Oshawa. SCHEDULE "B" to Agreement dated as of the day of , 19 between The Corporation of the City of Oshat.7a, and The Corpo-rations.of the Town-of Whitby, The Township of East Whitby, Th-e Township of Darlington, The Town of Bowmanville, The Village of Pickering; The Township of Pickering, and Town of Ajax. STUDY BUDGET Study Component Preliminary Appraisal Co- ordination, Control and Administration Land Use Economic Base Transportation Public-Services - Water Public Services - Sewers Financial Capability Report typing, drafting and printing,-and out -of- pocket project management expenses, including part -time study ` area office and secretary Regional Government Structure and Implementation Component _Contingency Fund -Executive Director and Administration Salaries and benefits 109,550. Office materials & supplies -14,200. Co=- unications 42200. Car Allowance 6,600. Rentals - Real property _ 103800. Start -up costs 10,455. Miscellaneous -172650. Summary Keates, Peat, Marwick Contingency Executive Director & Administration Bud et $ 25,700. 144,000. 95,950. 64,600. 216,800. _24, 800 . .29,100. 40,500. 61,000. 84,000. 90,000. 173,455• $1,0492905. 786,450. 90,000. .173>455. $1,049.905.