08-30
c) Responsibilit Pavment - The Independent Contractor further
covenants and agrees that his hourly fee and related expenses hereunder
shall be paid by the Municipality against whom the Complaint is made and
which initiated the investigation. The Municipality agrees to be responsible
b) Houri Rate -In addition, the Independent Contractor shall be paid a fee
of ONE HUNDRED DOLLARS ($100.00) per hour plus applicable taxes
during such time the Independent Contractor is performing his duties
hereunder. The Independent Contractor agrees such rate shall be charged
only for such time that the Independent Contractor is actively investigating a
Complaint and preparing and presenting his report with respect thereto. The
Independent Contractor shall not charge for travel time. The Independent
Contractor is entitled to be reimbursed for other reasonable receipted
expenses related to his duties, including food and hotel costs, car rental,
kilometre rate at the respective municipal rate or railway tickets.
Fees
a) Annual Retainer - The Municipality shall pay to the Independent
Contractor on or before the commencement date ONE THOUSAND
DOLLARS ($1,000.00) plus applicable taxes. In order to add the Included
Municipalities to the duties of the Independent Contractor, an additional fee of
THREE HUNDRED DOLLARS ($300.00) for each Included Municipality shall
be paid by the County of Elgin.
2 THAT Schedule "B", Section 4.(a), (b) and
hereby deleted and replaced with the following:
(c)
of By-Law No. 07-38, be and is
1. THAT JGM Consulting is hereby reappointed as the independent Investigator to
investigate in accordance with the legislation all requests for an investigation of the
Council and committees of the Municipality and the local boards and their committees of
the Municipality for an additional one-year term commencing January 1, 2009.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
hereby enacts as follows:
WHEREAS agreement has been reached with JGM Consulting to amend the fee
charged as Investigator for investigations under Section 239 of the Municipal Act
WHEREAS Council has deemed it advisable to reappoint JGM Consulting as the
nvestigator for an additional one year term commencing January 1, 2009; and
WHEREAS by By-Law No, 07-38 Council did appoint JGM Consulting as the
Investigator to investigate all requests on behalf of the Municipality and its Local Boards
for a one year term commencing January 1, 2008; and
WHEREAS effective January 1, 2008, pursuant to Section 239.1 of the Municipal
Act, 2001, S.O. 2001, c.25, as amended, permits a person to request an investigation of
whether a municipality or local board has complied with Section 239 of the Municipal Act,
2001 as amended, or a procedural by-law under subsection 238 (2) in respect of a
meeting or part of a meeting that was closed to the public; and
TO THE FEES PAID TO THE MUNICIPAL INVESTIGATOR"
S.O. 2001
C.25. AS AMENDED AND TO AMEND BY-LAW NO. 07-38 PERTAINING
PURSUANT TO SECTIONS 8. 9
BEING A BY-
10 AND 239.1
LAW TO REAPPOINT JGM CONSULTING AS THE INVESTIGATOR
OF THE MUNICIPAL ACT, 2001
By-Law No. 08-30
COUNTY OF ELGIN
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25 TH DAY OF
NOVEMBER 2008.
4.
THAT
this By-law shall come into force and take effect on January
1
2009
3. THAT all other terms and provisions contained in By-Law No. 07-38 and in the
original Agreement for Municipal Investigator, save and except Clause 2 above, shall
remain the same
for such fees and expenses and, notwithstanding the joint retainer, the
Independent Contractor shall not hold the other Included Municipalities
responsible for such payment obligation. The Independent Contractor shal
invoice the applicable Municipality upon completion of his report.
2