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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 , AND WHEREAS the Council for The Municipality of Kincþrdine deems it advisable to replace outdated and worn out radar and GPS ~quipment on the Mysis Rescue Vessel; I I !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_ ~