HomeMy WebLinkAboutCRPS-09-137 - Execution of Funding Applications / AgreementsREPORT T0: Committee of The Whole
DATE OF MEETING: October 13, 2009
SUBMITTED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
PREPARED BY: Lesley MacDonald, Direcor of Legal Services
and City Solicitor
WARD(S) INVOLVED: N/A
DATE OF REPORT: October 8, 2009
REPORT NO.: CRPS - 09-137
SUBJECT: AUTHORIZATION TO EXECUTE FUNDING APPLICATIONS
AND FUNDING AGREEMENT
RECOMMENDATION:
That a By-law to authorize the Mayor and Clerk, the Chief Administrative Officer or a
General Manager to execute any Funding Applications submitted on behalf of the City of
Kitchener and to execute any Funding Agreements satisfactory to the City Solicitor,
provided that in the case of a Funding Agreements where the City is expected to
contribute a portion of the cost for the project, said projects must have been approved
by Council before said Agreement is executed, and to authorize the City Clerk to confirm
said authorization as required, be given First and Second Reading.
BACKGROUND:
Where appropriate the City has occasion to make application to secure funding from the Federal
Government, the Provincial Government, various agencies, organizations and associations for
various City initiatives.
REPORT:
As part of the application process the City is being asked more and more for confirmation that
the person(s) signing the application have been authorized to execute the Application on behalf
of the Corporation and that an authorized representative of the Corporation confirm on the
application that the person is so authorized to sign. This adds another step to the process and
depending on the Council schedule could eliminate or delay the application if staff has to submit
a report to Council each and every time they wish to make an application. Therefore for
expediency purposes a general form of permission is being sought delegating authority to the
Mayor and Clerk for those situations where it may be more appropriate to have the document
signed formally under seal as well as to the Chief Administrative Office or any General
Manager. This creates flexibility as to who may sign. Wherever possible staff should first seek
out the department head more directly involved in the project for which the application is being
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made but should they not be available they could then approach another department head and
explain the application.
In some situations the Funding Program also requires a by-law confirming the person's
authorization to sign. Although we typically provide a copy of the resolution and confirmatory by-
law, we often have to send an explanation of our process as well and therefore to eliminate the
need for 3 documents to be submitted, staff recommend that a specific by-law being passed
which then can accompany the Application, where required. A copy of the proposed by-law is
attached for your information.
Should funding be granted, the City is required to then execute an Agreement. Again for
expediency staff is seeking general authorization for the execution of these agreements
recognizing that in those cases where the funding is conditional upon the City contributing a
portion of the cost of the project, said project, must have been approved by Council before said
Agreement is executed.
FINANCIAL IMPLICATIONS:
N/A
CONCLUSION:
The by-law will authorize the Mayor and Clerk, the Chief Administrative Officer or a General
Manager to sign Funding applications and to sign Funding Agreements that either have no
requirement for the City to contribute a portion of the funds or Council has approved the project
with the related funding. This will expedite the process and avoid the necessity for Council's
approval on every application.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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BY- LAW N U M B E R
OF THE
CORPORATION OF THE CITY OF KITCHENER
(being a by-law authorizing the execution of funding
applications and funding agreements)
WHEREAS it is necessary to authorize the execution of funding appliCatiOns
and funding agreements;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. That the Mayor and Clerk, the Chief Administrative Officer, or a General Manager
are authorized to execute any Funding Application being submitted on behalf of
the City of Kitchener and any amendments to said applications
2. That the Mayor and Clerk, the Chief Administrative Officer, or a General Manager
are authorized to execute any Funding Agreement satisfactory to the City
Solicitor, provided that in the case of any Funding Agreements where the City is
expected to contribute a portion of the cost of the project, said project must have
been approved by Council before said Agreement is executed.
3. The approval by this Council of a Project for which staff then secured funding on
the basis that the City contributes a portion of the costs shall also be deemed to
authorize the Mayor and Clerk, the Chief Administrative Officer, or a General
Manager to execute any Funding Agreement satisfactory to the City Solicitor
pertaining to the Project.
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4. The City Clerk, Deputy City Clerk or Acting City Clerk are hereby authorized to
execute any document necessary to confirm that the Mayor and Clerk, the Chief
Administrative Officer, or a General Manager are authorized to execute any
funding application or funding agreement on behalf of the City of Kitchener in
accordance with this by-law.
5. The Clerk is hereby directed to make this By-law a part of The City of Kitchener
Municipal Code by adding it to the Concordance and arranging and numbering it
so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this day of
October, 2009.
Mayor
Clerk
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