HomeMy WebLinkAbout21 096 Vaccination Hub Agreement (2021) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 096
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A VACCINATION HUB
AGREEMENT WITH THE BOARD OF HEALTH FOR THE GREY BRUCE
HEALTH UNIT
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality’s ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary enter into an agreement with the Board of Health for the
Grey Bruce Health Unit to use a portion of the Davidson Centre as a Vaccination
Hub;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with the Board of Health for the Grey Bruce Health Unit.
2. That the Mayor and CAO be authorized and directed to execute, on behalf of
The Corporation of the Municipality of Kincardine, the Agreement with the
Board of Health for the Grey Bruce Health Unit attached hereto as Schedule
“A” and forming part of this By-law.
3. This By-law may be cited as the “Vaccination Hub Agreement (2021) By-law”.
READ a FIRST and SECOND TIME this 7th day of June, 2021.
READ a THIRD TIME and FINALLY PASSED this 7th day of June, 2021.
Mayor Clerk
THIS AGREEMENT is made in duplicate on this the7 of day of June , 2021
between:
THE CORPORATION OF MUNICIPALITY OF
KINCARDINE
Hereinafter called the
"Municipality"
and
THE BOARD OF HEALTH FOR THE GREY BRUCE HEALTH UNIT
Hereinafter called the "Licensee"
WHEREAS the Licensee, is a Board of Health organized and existing under the
provisions of the Health Protection and Promotion Act, R.S.O. 1.990, c. H.7
AND WHEREAS the Licensee has requested the Municipality's cooperation to use a
portion of the Davidson Centre(the "DC")as a Vaccination Hub;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other
good and valuable consideration and the sum of Ten Dollars($10.00)of lawful money of
Canada, now paid by each of the parties hereto to each of the other parties Ihereto (the
receipt whereof is hereby acknowledged), the parties hereto hereby covenant, promise,
and agree with each other as follows:
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1.0 FACILITY USE
1.1 The Municipality agrees to provide the use of the following areas of the DC for the
exclusive use of the Licensee to operate a vaccination hub from February 15, 2021
to December 31, 2021 (or such earlier or later date as the parties to this Agreement
may agree in writing): Gymnasium, Gymnasium washrooms, Gymnasium
changerooms, Activity Room, usable area of the Tractor Room, Old Seniors Room,
Main Front Entrance, Hallway leading from Main Entrance to North West
Gymnasium doors, Walking Track, parking sections 2-7 and 10 (such areas are
depicted on the Ground Floor Plan attached as Schedule "A"to this Agreement and
hereafter referred to cumulatively as the"Vaccination Hub").
1.2 Unless otherwise provided by this Agreement,the Licensee shall be responsible for
equipping and staffing the Vaccination Hub. The Licensee shall also be responsible
for complying with all legal requirements necessary to permit operation of the
Vaccination Hub and acknowledges that the Municipality has provided no
representations with respect to the fitness of the DC for the Licensee's intended
use.
1.3 The Licensee shall provide security for the Vaccination Hub and shall use all
reasonable care to ensure the safety/security of equipment in other areas of the DC.
1.4 The Licensee shall be responsible for all Vaccination Hub signage.
1.5 The Municipality shall provide tables and chairs for use in the Vaccination Hub, as
directed by the Licensee.
1.6 The Municipality shall provide cleaning services for the washrooms, floors and
hallways of the Vaccination Hub, at a frequency and standard to be confirmed by
the Licensee in writing. The Municipality shall also maintain the Parking Area 2-7
and 10, including snow removal and sanding/salting to a standard established by
the Municipality.
1.7 The Municipality shall engage Bruce Telecom and facilitate the provision of internet
and phone service for the Vaccination Hub (hereafter referred to as the
"Vaccination Hub Network")which will be separate from any other internet service
currently existing at the DC. The internet service will meet the requirements of 100
Mbps download and 20Mbps. The Licensee will be responsible for installation
costs and usage of the internet services. The Licensee will provide all network
equipment (routers, switches, wireless access points, et al.) and user devices
(computers, laptops, tablets, mobile devices, et al.) sufficient to facilitate the
proper functionality of the Vaccination Hub.
The Municipality shall continue to provide public wi-fi by way of the existing
network infrastructure to supplement the Vaccination Hub Network in order to
support visitors to, and staff of, the Vaccination Hub, and to ensure security and
bandwidth availability of the Vaccination Hub Network. Licensee shall provide all
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Vaccination Hub user devices with security credentials befitting the security
standards adhered to by the Licensee.
1.8 The Municipality shall provide access to the Vaccination Hub between 7 a.m. and 7
p.m. daily, unless the parties agree in writing to abbreviated or expanded hours.
1.9 The Municipality shall be entitled to use areas of the DC outside the Vaccination Hub
for recreational activities and/or rentals if such activities/rentals do not interfere
with the use of the Vaccination Hub.
2.0 ALTERATIONS
2.1 The parties agree that, as much as possible, all alterations will be temporary and not
have a negative permanent impact on the building or structure. Any alterations shall
abide by the conditions outlined in Schedule "B".
2.2 Any alterations made to the lands or building in Schedule "A" shall be paid for by the
Licensee unless otherwise agreed in writing.
2.3 All alterations and/or additions fastened to the land or building in a permanent way
shall become classified as fixtures and will remain with the property, unless otherwise
agreed in writing.
2.4 The Licensee shall be responsible for any and all damages to the premises sustained as
a result of operating the Vaccination Hub.
3.0 FIRE ROUTES
3A. The Licensee will ensure that all posted fire routes remain open and accessible in the
case of emergencies. Vehicles unloading shall exit loading areas once loading or
unloading is completed.
12 The Licensee acknowledges that all posted fire routes must remain open and
accessible in case of emergencies, and the Licensee shall take all reasonable steps to
ensure this occurs.
33 Priorto opening of the Vaccination Hub for use bythe public,the Licensee shall provide
an operations plan for review and approval by the Municipality's Fire Department and
Chief Building Official,which approvals shall not be unreasonably withheld.
4.0 LIABILITY AND INSURANCE
4J. Throughout the entire term of this Agreement and any renewals thereof, at its own
cost and expense, the Licensee shall take out and keep in full force the following
insurance coverage with respect to the use of the Vaccination Hub.This insurance shall
be primary, non-contributing with and not excess of any other insurance available to
the Municipality:
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(i) General liability insurance on an occurrence basis for an amount of not less
than Five Million Dollars ($5,000,000) and shall include The Corporation of
the Municipality of Kincardine as an Additional Insured with respect to the
Licensee's operations, acts and omissions relating to its obligations under
this Agreement, such policy to include, but not be limited to bodily injury,
personal injury, broad form property damage,tenant's legal liability, non-
owned automobile and blanket contractual liability, non-owned
automobile liability; personal injury; broad form property damage; blanket
contractual liability; owners and contractors protective liability; products
and completed operations liability; contingent employers' liability; and,
shall include cross liability and severability of interest clauses.This policy
shall not be invalidated and respects the interests of the Municipality of
Kincardine because of any breach or violation on any warranties,
representations, declarations or conditions.
(ii) All Risk Property Insurance for property upon property of every description
owned by the Licensee, or for which the Licensee is legally liable or
installed by or on behalf of the Licensee and which is located within the
subject lands, on an All-Risk basis for the full replacement cost thereof.
This insurance shall contain a waiver of any subrogation rights,which the
Licensee's insurers may have against the Municipality or whom the
Municipality is in law responsible.
(iii)Medical Malpractice insurance per claim for an amount of not less than
Five Million Dollars($5,000,000)with respect to bodily injury arising out of
the Licensee's operations, acts and omissions relating to its obligations
under this Agreement.
(iv)The Licensee agrees that if they fail to take out or keep in force any such
insurance referred to in this clause, or should any such insurance not be
approved by the Municipality, and should the Licensee not commence and
proceed to diligently rectify the situation within forty eight(48) hours after
written notice by the Municipality,the Municipality has the right without
assuming any obligation in connection therewith,to effect such insurance
at the sole cost of the Licensee.The Municipality shall be reimbursed as set
out under the terms of this Agreement.
42 The Municipality shall not be responsible for any loss or damage to any items belonging
to the Licensee, its employees or contractors engaged by it that are kept, used on the
subject lands.
4,3 The Licensee shall indemnify the Municipality from and against any and all claims,
demands, causes of action, suits, or judgments (including legal fees on a solicitor/client
basis and all other costs of defense thereof) made by any person including the Licensee's
own employees arising out of activities under this contract or in connection with the use
and occupancy of the subject lands by the Licensee, its agents, servants, employees, or
invitees whether or not such claims, demands, causes of action, suits or judgments are
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caused by the Licensee's negligence except to the extent they are caused by the
negligence of the Municipality. This indemnity agreement shall extend to protect the
Municipality from construction liens by contractors, mechanics, material men, and
suppliers(which are expressly prohibited),which shall be deemed to include all purchases
of expendables, consumables, and other merchandise.
In the event of any claims made or suits filed, the Municipality shall give the Licensee's
timely written notice thereof,and the Licensee shall have the right to defend or settle the
same to the extent of its interest hereunder. The Licensee shall promptly accept all
responsibility to defend or settle such matters; and in the event it is necessary for the
Municipality to incur any expenses whatsoever to enforce this provision, all such
expenses shall in their entirety be recoverable from the Licensee.
5.0 CANCELLATIONS
5.1. This Agreement may be terminated by the Municipality, in its sole discretion, upon the
giving of fourteen (14) days' notice in writing to Licensee.
5.2 This Agreement may be cancelled by the Licensee at any time.
5.3 Within seven (7) days of the end of the use of the Vaccination Hub, the Licensee agrees
that it shall remove all equipment/material and return the premises to substantially the
same state as prior to the use.
6.0 GENERAL
6.1 In the event that a term of this Agreement is found to be unenforceable,such
enforceability shall not affect the enforceability of the remainder of this Agreement.
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The persons signing this Agreement warrant and represent that he/she has the authority to
sign on behalf of the Licensee; if he/she does not, he/she shall be liable for the obligations of
the Licensee.
IN WITNESS WHEREOF the parties hereto have affixed theirsignatures on that behalf fully
authorized.
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
Per: Sharon Chambers
Signed with ConsignO Cloud s ^'
(2021/06/0"
Verify with verifio.com or Adobe Reader.
Sharon Chambers, Chief Administrative Officer
Per: Gerry Glover
Signed with ConsignO Cloud
(2021/06/08)
Verify with verifio.com or Adobe Reader.
Gerry Glover, Mayor
We have authority to bind the Corporation
THE BOARD OF HEALTH FOR THE GREY BRUCE HEALTH UNIT
Per:
Mg atthew McMurdie
(21021d wit 7j onsignO Cloud I IIII IIII01 IIII
Matthew McMurdie, Director of Corporate Services
Per: .........................
Ian Arra lulll�ulllll
Signed with ConsignO Cloud �II IIIIII III I0111 VVV V
(2021/05/17)
Veriwith verifio.com or Adobe Reader. .........................verifio.com or Adobe Reader. .........................�
Dr. Ian Arra, Chief Executive Officer and Medical Officer of Health
We have authority to bind the Corporation
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SCHEDULE A
LICENSED PREMISES
I
r
Page 7 of 8
SCHEDULE B
CONDITIONS FOR ALTERATIONS
1. No holes will be drilled or otherwise be made in the floors.
2. Any items hung or suspended from walls will, as much as is possible, use fasteners
that are not permanent.
3. The suspension of anything from the ceiling requires the sign off by a licensed
structural engineer and shall consider the design of the building and current loads
in consultation with the Municipality's Chief Building Official.
4. The Licensee shall ensure that all contractors and subcontractors have insurance
and are covered by WSIB.
5. During the set-up period, all visitors and contractors shall complete and sign, on a
daily basis, the COVID-19 screening form provided by the Municipality and submit
to the Municipality each day.
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