HomeMy WebLinkAbout03 048 mysis cook rees mem fun
.,1·
-,,;
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINCAjillINE
KIT
NO. 2003 - 48
A BY-LAW TO AUTHORIZE THE SIGNING OF TERMS AN~ CONDITIONS
FOR BLUEWATER RESCUE EQUIPMENT FUNqlNG
,
I
,
,
I
!
WHEREAS THE Municipal Act, 2001, S.O. 2001, c. 25 Sectiqns 8 and 9 gives
municipalities natural person powers to exercise their auth~rity and confers
authority to them in order to govern their affairs as they consid~r appropriate and
to enhance their ability to respond to municipal issues; !
!
,
AND WHEREAS the Council for The Municipality of Kincþrdine deems it
advisable to replace outdated and worn out radar and GPS ~quipment on the
Mysis Rescue Vessel; I
I
!
AND WHEREAS the Cook-Rees Memorial Fund for Water S~arch and Safety
has approved the funding of $15,000 to Bluewater Rescu {Kincardine Fire
Department for the purchase of new radar and GPS equipment;
!
NOW THEREFORE the Council for The Corporation of t~e Municipality of
Kincardine ENACTS as follows: !
I
1. That the Corporation of the Municipality of Kincardine agreek to the terms and
conditions as set out in the "Funding Terms and Conditionf" attached to this
by-law as Schedule "A"; !
!
2. That the Mayor and CAO be authorized to sign, on behalf~f The Corporation
of the Municipality of Kincardine, the "Funding Terms and Conditions"
attached to this by-law as Schedule "A" and to affix the co orate seal as and
when required. ,
!
3. This By-law shall come into full force and effect upon its fin11 passage.
,
4. This By-law may be cited as the "Mysis Cook-Rees Funding By-law".
READ a FIRST, SECOND and THIRD TIME and DEEMED Tþ BE passed this
2nd day of April, 2003. ¡
I
!
!
."-
.
.
i
I
.
¡-
FUNDING TERMS AND C01'IDm~S
By signing the Tenns and Conditions, the applicant(s) (jointly and severally, referred to herein as
the "Applicant") agrees to the following terms and conditions:
1.
The Applicant warrants and represents to the Cook-Rees Memorial Fund for Water
Search and Safety (the "CRF') that all of the information supplied by the Applicant in its
application to the CRF is, and all additional information supplied to CRF subsequent to
this application will be, true and correct, to the best of the Applicant's knowledge and
belief.
2. The Applicant agrees to be bound by any and all conditions ofCRF approval, or CRF's
disapproval, as the case may be, in connection with this application and in connection
with any payment or allocation of funding by CRF.
3.
The Applicant acknowledges and agrees that CRF in no way is required to award funding
to the Applicant. The Applicant agrees that (a) it will not institute any claim or
proceeding against CRF (or its trustees/directors, officers or employees), (b) none of
CRF, its trustees/directors, officers and employees will be liable for any loss or damage,
whether direct, indirect, consequential or incidental, arising as a result of funding not
being approved by CRF, and (c) the Applicant hereby assumes the entire risk ofloss and
damage, where such claims, proceedings, losses or damages arise out of any approval or
disapproval by CRF in connection with this application or in connection with any
payment or non-payment of funding by CRF, or out of any use or exploitation of the
subject of the Applicant's project.
4.
The Applicant agrees that it has conducted a tendering process to ensure that any and all
quotes ITom sub-contractors and other persons supplying goods and services to the
Applicant in the budget submitted in this application (the "Sub-Contractors") are on the
best available business terms, and the Applicant will include as part of this application
evidence of such tendering process. The Applicant further agrees that it has, in this
application, and will, in the case of information supplied by the Applicant to CRF
subsequent to this application, disclose in writing to CRF any non-arm's length
relationships between the Applicant and the Sub-Contractors, including without
limitation the nature of such non-arm's length relationship and the business reasons
underlying the choice of such non-arm's length Sub-Contractors. The Applicant will
cause each and every Sub-Contractor to agree to the tenns and conditions of this
application and will supply CRF with a copy of each such agreement as executed by the
Sub-Contractor.
5.
The Applicant agrees to provide CRF with electrolÙC and paper copies of any and all
written materials, software, recorded media including without limitation film, video and
audio records, and information created and accumulated by and under the supervision of
the Applicant in connection with the project which is the subject of this application
(collectively, the "Materials"). Commencing on the date that is one day after the date
that the Applicant has presented to its members the final report for the project which is
the subject of this application, and continuing in perpetuity, CRF will have the right to
make the Materials available to any other person in CRF's sole discretion, including
without limitation by way of dissemination via CRF's website or other shared repository
of information, and to use the Materials in any other way that CRF sees fit. The
i
,"''t..-- ~¡".,,.,
-I
.
,
.1
Applicant agrees to provide CRF with written confirmation as to the date that such final
report is presented to its members.
6.
CRF will not be responsible for the maintenance, repair, replacement or updating of the
results ofthe project or equipment wlûch is the subject of this application.
The Applicant agrees that CRF will make the information contained in this application
available to CRF's Advisory Committee for the purposes of making decisions with
respect to funding, but CRF will otherwise respect the confidential nature of the
commercial information contained herein.
7.
8. The Applicant will supply to CRF, within 60 days of the completion of the project which
is the subject of this application, a financial statement indicating in detail the costs and
expenses of such project, accompanied by all supporting documentation, a certificate
ITom an authorized officer or other authorized representative of the Applicant confirming
the facts set out in such statement and any and all other related documents that CRF may
reasonably require. A Chartered Accountant or other representative of the CRF's choice
will have the right to examine, photocopy and take extracts ITom the books of account of
the Applicant to verify the information contained in such statement.
9.
The Applicant agrees that it will be responsible for obtaining all necessary licenses and
permits and that it will comply with all applicable federal, provincial and mulÙcipal laws,
codes and regulations in connection with the project which is the subject of this
application.
10. The Applicant will maintain adequate policy amounts of liability insurance, and will
name CRF as a named insured in such policies, to cover any and all potential liabilities
arising ITom the project which is the subject of this application.
11. The Applicant will at all times indemnify and save harnùess CRF, its trustees/directors,
officers and employees, ITom and against any and all costs, expenses, losses, liabilities
and damages (including, without limitation, court costs and counsel fees) arising out of or
connected with any claim in which it is asserted that any of the representations,
warranties, covenants or agreements made by the Applicant herein has been breached or
in which assertions are made which are in any way inconsistent with any such
representations, warranties, covenants or agreements. The Applicant agrees to reimburse
CRF, on demand, for any payment made by CRF at any time with respect to any cost,
expense, loss, liability or damAg~ to which the indemnity and saving harmless referred to
in this Paragraph applies.
MulÙcipality of Kincardine
Bluewater Rescue Unit
Per
~~~
Date ~-".A),;¿Pjo~
ory
Date 4uJ-'j~/O~
Per - )--.J- >-:_'2_^..Å/
Autborized Sip-tory I
Date (Î'¡V'1 Y) ~¡,'1_ ~