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HomeMy WebLinkAboutBy-law 1694/93THE CORPOP~qTION OF THE TOWN OF PICKERING BY-LAW N0.1694 /83 Being a by-law to authorize the execution of an Agreement with the Corporation of the Town of Ajax respecting the continua- tion of the Pickering-Ajax Rescue Unit WHEREAS, by Agreement dated July 21st, 1975, The Corporation of the Town of Pickering and The Corporation of the Town of Ajax established the Pickering-Ajax Rescue Unit to provide a marine emergency rescue service; and WHEREAS it is deemed desirable to continue such service, but subject to revised terms and conditions; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between The Corporation of the Town of Picker- ing and The Corporation of the Town of Ajax respecting the continuation of the Pickering-Ajax Rescue Unit. BY-LAW read a first, second and third time and finally passed this J~e , 1983. 27th day of Schedule A to By-law 1694/83 THIS AGREEMENT made in triplicate this day of , 1983. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as "Pickering" OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF AJAX hereinafter referred to as "Ajax" OF THE SECOND PART. WHEREAS Pickering and Ajax wish to continue a marine emergency rescue service, to be operated by Pickering, for the benefit of the boating public, subject to certain terms and conditions; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual coven- ants and agreements herein contained and subject to the terms and conditions heKein- after set out, the Parties hereto agree as follows: 1. Picketing and Ajax shall continue the marine emergency rescue service known as the "Picketing-Ajax Rescue Unit", hereinafter referred to as "P.A.R.U." P.A.R.U. shall be operated exclusively by volunteers approved by Pickering and Ajax whose duties shall include: (a) (b) operation and maintenance of all rescue craft, equipment and appurten- ances; and provision annually to each of Pickering and Ajax of, (i) a report of the immediately preceding year's operations; and (ii) P.A.R.U.'s estimated operating and capital costs for the immedi- ately following year's operations, hereinafter referred to as "P.A.R.U.'s estimates". Each of Pickering and Ajax shall review P.A.R.U.'s estimates each year and approve them as provided, or amend them and approve them as amended, and advise the other accordingly. e Pickering shall be responsible for the financial administration of P.A.R.U. and shall ensure that no expenditure is made unless the reason for the expenditure and the amount of the expenditure were included in P.A.R.U.'s estimates for the year, and were approved by both Picketing and Ajax in accordance with section 3, above, - 2- 5. (1) In this section, the term, (z) (3) (4) (a) "gross expense" includes all capttal expenses and all operating expenses, the latter including, but not necessarily limited to, (t) rescue craft and equipment maintenance costs; (ii) fuel, oil and parts costs; (iii) insurance (including liability insurance) costs; (iv) audit fees and telephone charges; and (v) rescue craft and.equipment storage costs; (b) "net expense" means gross expense less any revenue received, includ- ing donations. At the end of every calendar quarter during the term of this Agreement, Ajax shall pay to Picketing Ajax's share of the net expense for that quarter, which share shall be computed by prorating the total net expense, on a per capita basis, between Pickering and Ajax. In the event that either Pickering or Ajax, or both of them may sustain or incur or be liable for any damages, losses, costs, charges and expenses, in consequence of any claim or demand in respect of, or in any way result- ing from, the continuation, establishment or operation of the system, then Picketing and Ajax shall share such liability and compensate each other accordingly, as may be required, on a per capita basis. For the purposes of subsections (2) and (3), above, the term "per capita basis" shall mean according to the population figures for Pickering and Ajax set out in the most recent edition, from time to time, of the Munici- pal .Directory, published by the Ministry of Intergovernmental Affairs. e (1) The assets of P.A.R.U. as at the date of this Agreement, as set out in Schedule "A" hereto, shall be deemed to be owned equally by Picketing and Ajax. (2) Any asset acquired by Pickering and Ajax exclusively for P.A.R.U. after the date of this Agreement shall be deemed to be owned by Pickering and Ajax in shares having the same proportions to each other as the proportions of the net expense of acquiring the asset is borne by each of them. (1) All matters in difference between the Parties hereto in relation to this Agreement shall be referred to the arbitration of a singlelarbitrator, if the Parties hereto agree upon one, otherwise to three arbitrators, one to be appointed by each Party and a third to be chosen by the first two appointed before they enter upon the business of the arbitration. (2) The award and determination of the arbitrator, or majority of the arbitra- tors, shall be final and shall be binding upon the Parties hereto and their respective successors. 8. (1) This Agreement shall, (a) (b) be deemed to have come into force on January 2nd, 1983; supersede and replace the Agreement dated July 21st, 1975, between the Parties; and (c) continue in full force and effect until terminated by operation of law or pursuant to the provisions of subsection {2), below. -3- This Agreement may be terminated, (a) at any time, upon the agreement of the Parties, or (b) at th~ end of any calendar year, by either Party, upon go days written notice delivered to the Clerk of the other. (3) In the event that this Agreement is terminated, and not renewed, (a) all outstanding net expense shall be computed and Ajax shall pay its share in accordance with section 5, above; and (b) all assets of P.A.R.U. shall be disposed of and the net proceeds of such disposition divided between the Parties in accordance with their respective ownership shares. This Agreement, including Schedule "A" hereto, and everything contained herein shall enure to and be binding upon the Parties hereto and their successors, but may not be assigned under any circumstances. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested by their authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk