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HomeMy WebLinkAbout95-87 s THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-87 being a by-law to authorize the execution of a letter of agreement between the Corporation of the Municipality of Clarington and CERTA Emergency Services 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 Corporate Seal, a Letter of Agreement between the Corporation of the Municipality of Clarington and CERTA Emergency Services . 2 . THAT this Letter of Agreement attached hereto as Schedule "A" shall form part of this by-law. By-law read a first and second time this 26th day of June 1995 By-law read a third time and finally passed this 26th day of June 1995 ACTT MAYOR CLE ' MUNICIPALITY OF _ �arington ONTARIO June 29, 1995 Mr. John Hosty, President Certa Emergency Services 3350 Fairview Street Suite 3 - 165 Burlington, Ontario L7N 3L5 Dear Mr. Hosty: RE: HAZARDOUS MATERIAL SPILLS, OUR FILE: PO4.TR At a meeting held on June 26, 1995, the Council of the Municipality of Clarington passed the following Resolution #GPA-408-95 : "THAT Report FD-11-95 be received; and THAT the Mayor and Clerk be authorized to execute a Letter of Agreement with Certa Emergency Services, (Attachment A to Report FD-11-95) , and a copy be forwarded to Certa. 11 Enclosed is an agreement duly executed by the Acting Mayor and myself. Please have this agreement signed, keeping one copy for your retention and return the original document to the undersigned. Yours truly, Marie P. Knig C.M.O. , CMM Deputy Clerk MPK/hj CC : M. Creighton, Fire Chief , P. Barrie, Clerk enclosure CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • LIC 3A6 • (905) 623-3379 • FAX 623-4169 RECYCLED PAPER A10 SCHEDULE "A" to By-law 95-87 • MUNICIPALITY OF _ �arington ONTARIO May 30, 1995 Certa Emergency Services, 3350 Fairview Street, Suite 3 - 165, Burlington, Ontario UN 31-5 Attention: Mr. John Hosty, President Dear Sir: This letter will serve notice that it is the intention of the Clarington Fire Department to inform CERTA in the event of a spill or other Hazardous Material event. Based on your undertaking to promptly respond, demonstrated capabilities and extensive equipment in stock, we feel the utilization of your services would best suit our present needs. We understand that at no time will the Municipality of Clarington be held responsible for call in fees or costs incurred. Any contracting relationship will be strictly between the offending party and CERTA. At any time should the offending party not be known, or should the offending party not pay for the incurring costs, the Municipality of Clarington shall not be liable for any costs associated with the clean up. For further clarification CERTA shall not be an agent of the municipality. This arrangement is subject to cancellation at any time upon seven days written notice, and in the event that CERTA is not available to respond to our emergency, the municipality reserves the right to call in another contractor of their choice. It is also understood that CERTA Emergency Services Inc. and CERTA Inc. will hold the Municipality of Clarington harmless from any and all claims, demands, actions, injuries or damages resulting from your company incurred responding or failing to respond to a spill or other hazardous material event within our jurisdiction. Continued......... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • LiC 3A6 • (905) 623-3379 • FAX 623-4169 RECYCLED PAVER Mr. J. Hosty - 2 - Finally, the only people from Clarington Fire Department that will have the authority to call CERTA will be the Fire Chief or Deputy Fire Chief. So that we have a clear understanding that the Municipality of Clarington will not be responsible for any costs incurred in the utilization of your services in the future, kindly acknowledge the terms of this letter by executing the acknowledgement on one copy and returning it to me. Yours truly, Bill Hesson, Deputy Fire Chief. The terms of this letter are hereby acknowledged and agreed to. This Ilay of 1995. CERTA Emergency Services. Per: Cl-/7,V �r� Name: �� �hr✓ /S�' Title: �SiD CORPORATION OF THE MUNICIPALITY OF CLARINGT N Per: Per: