HomeMy WebLinkAbout2006-188
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2006 - 188
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and The
Radiation Protection Service of the Ontario Ministry of labour,
to enter into an agreement for an air monitoring site.
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, The Radiation Protection Service of the Ontario Ministry of
labour, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 25th day of September, 2006.
By-law read a third time and finally passed this 25th day of September, 2006.
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John J)'~' Mayor
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LETTER OF UNDERSTANDING
BETWEEN
Corporation of the Municipality of Clarington ("Clarington")
And
The Radiation Protection Service of The Ontario Ministry of Labour
WHEREAS Clarington, and The Radiation Protection Service of The Ontario Ministry of
Labour have agreed that an air monitoring device and related equipment (the "Device")
will be installed in the exterior space of the building located at Clarington Fire Station
#1, 2430 Highway #2 Bowmanville Ontario.
WHEREAS it has been further agreed that the Device will be owned and operated by
The Radiation Protection Service of the Ontario Ministry of Labour while located at
Clarington Fire Station #1, and that, in addition to granting the rights of occupation
contained herein Clarington shall take all necessary steps to ensure The Radiation
Protection Service of The Ontario Ministry of Labour and their respective employees,
authorized agents and contractors have access to the Fire Station #1 and the Device on
a 24 hour a day, 7 day a week basis;
Now by this Letter of Understanding the parties hereto hereby confirm that the above
recitals are true in substance and in fact and agree each with the other as follows:
1. Clarington grants to The Radiation Protection Service of The Ontario Ministry
of Labour in perpetuity, (unless earlier terminated as provided for herein), the
right to use and occupy a portion of the Clarington Fire Station #1 for the
purposes set out in this Letter of Understanding in connection with the
installation, operation and maintenance of the Device;
2. During the term of this agreement The Radiation Protection Service of The
Ontario Ministry of Labour shall remain responsible for and shall at its cost
repair and maintain the Device in good order and repair at all times; and
3. All installation charges and costs relating to hydro services or any other costs,
relating to the Device, shall be paid by The Radiation Protection Service of
The Ontario Ministry of Labour.
4. During the term of this agreement The Radiation Protection Service of The
Ontario Ministry of Labour will not do or permit any act or thing which may
make void or voidable an insurance upon any buildings or part thereof, upon
the said premises, or which may cause any increase or additional premium to
be payable for any insurance.
5. The Radiation Protection Service of The Ontario Ministry of Labour covenants
to keep the Municipality of Clarington indemnified against all claims and
demands whatsoever by any person, whether in respect of damage to person
or property, arising out of or occasioned by the maintenance, use or
occupancy of the Premises or the subletting or assignment of same or any
part thereof. And The Radiation Protection Service of The Ontario Ministry of
Labour further covenants to indemnify the Municipality of Clarington with
respect to any encumbrance on or damage to the Premises occasioned by or
arising from the act, default, or negligence of the Company, its officers,
agents, servants, employees, contractors, customer, invitees or licensees,
including fire and all other perils.
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It has been further agreed that Clarington may terminate this Letter of Understanding
upon providing The Radiation Protection Service of The Ontario Ministry of Labour, with
6 months prior written notice, and upon receipt of such notice shall at its cost remove
the Device prior to the date of termination of this agreement.
The Letter of Understanding shall ensure to the benefit of and be binding upon the
parties hereto an their respective successors and assigns.
IN WITNESS WHEREOF the parties have executed this Letter of Understanding by
their duly authorized representatives as of the 2nd day of
OetoDer 2006.
Corporation of the Municipality of Clarington The Radiation Protection Service of
The Ontario Ministry of Labour.
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