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HomeMy WebLinkAboutESD-013-08Leading the Way REPORT Meeting: GENERAL Date: October 6, Report #: ESD-01 EMERGENCY AND FIRE SERVICES AND ADMINISTRATION COMMITTEE ~es~l w-~ o ~#~P~-~ ~3 -08 File # 10.12.6 By-law ~-~~ Subject: MEMORA DUM OF UNDERSTANDING - ST. MARYS CEMENT INC. (CANADA) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-01 -08 is received; 2. THAT the conditions o tlined in the attached Memorandum of Understanding with St. Marys Cement Inc. (Canada) or Fire Department Training purposes, be endorsed by Council; and 3. THAT the Mayor and clerk be authorized to enter into the attached Memorandum of Understanding with St arys Cement Inc. (Canada) for Fire Department Training purposes. V / Submitted by: Gordon Weir, A~ICT, CMM111 Director of Eme gency & Fire Services GW:sr Reviewed by: ' '-~` -a-'~-~ Imo) ~-*;, ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 REPORT NO. ESD 013-08 PAGE 2 1. Full time firefighters Howl pertorm Rope Rescue which requires special conditions for training purposes. For some time staff has ¢een searching for a location that would offer firefighters a realistic training ground. The use of St. Marys Ce~ent Inc. (Canada) gives us the opportunity to train in scenarios that include conveyor belts, its and buildings with various heights. After numerous meeting with Tony Merlin, Safety and health Coordinator, St, Marys Cement Inc. (Canada) an agreement as reached for the ongoing use of the St. Marys property for Rope Rescue training. 2. It is therefore recommen ed that the General Purpose and Administration Committee recommend to Council that the May rand Clerk be authorized to enter into the attached Memorandum of Understanding with St. arys Cement Inc. (Canada) for Fire Department Training purposes. Attachment: Memorandum of Understanding with St. Marys Cement Inc. (Canada) Memorandum of Understanding Between St. Marys Cement Inc. (Canada), a corporation organized and existing under the laws of the Province of Ontario and having its head office located at 55 Industrial Street, Toronto, Ontario, M4G 3W9 and The Corporation of the Municipality of Clarington, a corporation organized and existing under the laws of Ontario; located at 40 Temperance Street, Bowmanville, Ontario LiC 3A6 ;and having its Emergency & Fire Services Headquarters located at 2430 Highway No. 2, Bowmanville, Ontario L1C 3K9. Dated September 19, 2008 1. Introduction In the spirit of community cooperation, this memorandum of understanding ("MOU") relates to an understanding between St. Marys Cement Inc. (Canada) (hereinaker referred to as "St. Marys") and the Clarington Emergency & Fire Services Departrnent (hereinaker referred to as "Clarington' or "CEFS") regarding Clarington's use of St. Marys' BowmanvIDe Cement Plant located at 400 Waverley Road S, Bowmanville, ON LIC 3K3 ("Bowmanville P1anY') for fire deparhnent framing purposes. Clarington used St. Marys' Bowmanvflle Plant for fire department training on June 20, 2006. Clarington recently approached St. Marys, requesting along-term arrangement enabling Clarington to use the BowmanvIDe Plant for on-going fire department training ("Training Sessions') Tn consideration of the mutual covenants contained herein, the parties agree to the following terms: 2. Tenn of the Training Sessions The term of this agreement will continue untIl written notice by either party, as provided for in this agreement. The term of this agreement will continue unto written notice by either party, as provided for th this agreement. 3. Licensed Area Areas to be used for the Training Sessions (the "Licensed Area') must be approved by St Marys through St. Marys' Safety Coordinator at least two (2) weeks in advance of any Training Session. 4. Grant of Licence SL Marys grants to Clarington anon-exclusive Bcence to occupy the Licensed Area at the Bowmanville Plant for occasional use from time to time for the purpose of the Training Sessions for the Term of this MOU. St. Marys will at all times maintain its rights to use, access the Licensed Area or refuse any type of training that it feels would be detrimental to the company. Page 1 of 5 5 Municipality of Clarington Responsibilities 5.1 Licence Fee: No licence fee shall apply during the term of the MOU. 5.2 Clarington will: 5.2.1 only use the Licensed Area for the purpose set out above; 5.2.2 bear all costs and expenses associated with their use of the Licensed Area whatever they may be, provided they result from CEFS or actions of any other party associated with the CEFS Training Session; including directly related costs for the clean-up of the Licensed Area due to spills, etc. as well as directly related costs that have been pre-approved by CEFS Management and expenses for any services, materials or personnel associated with or required for its use of the Licensed Area; 5.2.3 provide at least two (2) weeks written notice of each training session to the BowmanvIDe Plant's Safety Coordinator. 5.2.4 at all times be subject to and strictly comply with all orders, rules and regulations of St. Marys, and ensure that all employees, volunteers or representatives are at all times dressed appropriately, that the Licensed Area is clean, and that there is no accumulation of rubbish within the Licensed Area; 5.2.5 ensure that Training Session participants conduct themselves m a professional manner at all times; 5.2.6 ensure that each Training Session is supervised and conducted by fully qualified and competent trainers at all times; 5.2.7 provide for'Rope Rescue Training" or any other mutually agreed upon training exercises, sufficient proof to St. Marys' Safety Coordinator that each Training Session participant has been trained and certified competent in rope rescue techniques or other required mutually agreed upon certification for agreed training exercises while such training exercises are being conducted within the Licensed Area. Sufficient proof must be supplied prior to initial use for each participant and any subsequent participants partaking thereaker. Sufficient proof being a signed training record from the organization performing the training signifying that the individual(s) have successfully completed basic training in "Rope Rescue Techniques" including both theory and practical competent demonstration of those techniques. 5.2.8 permit St. Marys' management to enter and inspeM the Licensed Area at any time; 5.2.9 release and indemnify St. Marys from and against any and all losses, claims, suits and demands arising from injury or damage M persons or property suffered by itself, its employees, agents or invitees incurred during Clarington's occupation of the Licensed Area or while they (or any of them) are within or upon the lands or premises of St. Marys, except when such injury, loss or damage is occasioned by the negligence or wilful misconduct of St. Marys, its employees, contractors or agents; 5.2.10 not assign or transfer authority under this MOU; and 5.2.11 leave the Licensed Area in the state found prior to training and, at its expense, remove any equipment or other personal property it has brought upon the lands and premises of St. Marys and make good any damage caused by the installation or removal of any such equipment or personal property; 5.2.12 ensure that all Training Session participants attend a St. Marys Safety and Enduonment Site Orientation prior to the first scheduled Training Session and thereafter on an annual basis. Page 2 of 5 6. St. Marys' Responsibilities 6.1 St. Marys will provide to Training Session participants, the St. Marys Safety and Environmental Site Orientation as per Section 5.2.12, at a mutually agreed upon time, at no cost to the municipality. 6.2 St. Marys will not unnecessarily interfere with activities while the training is underway. 7. Termination 7.1 St. Marys may terminate this MOU by written notice in case Clarington: (a) fails or refuses to comply with the reasonable orders or requests of St. Marys' management; (b) permits any conduct or act which in the reasonable opinion of St. Marys' management is improper or renders it inadvisable that Clarington should be allowed to continue carrying on activites under this MOU, or (c) fails to comply with the terms and conditions of this MOU. U such event, St. Marys may remove Clarington's pmperty using reasonable care from the Licensed Area and shall not be liable in damages or otherwise by reason of any such actions. 7.2 The Municipality of Clarington may terminate this MOU for any reason with thirty (30) days notice in writing to St. Marys. 8. Assumption of Risk Release and Indemnity; Limitation of Liability 8.1 Clarington agrees to and hereby assumes all risk and any injuries to its employees, agents and representatives and any injuries they may cause to others, or damage to property, while the Clarington Fire Department is at the Bowmanville site while undertaking training. Clarington further releases, remises, and forever discharges and agrees to indemnify and hold harmless on behalf of itself, directors, officers, agents, employees, assigns and successors, St. Marys, together with its present and former directors, officers, agents, employees, successors, and assigns, jointly and severally for all manner of actions, causes of acfion, suits, demands, and claims whatsoever in connection with all and any injuries, including death or negligence to it, or such damages to its property, which may occur during the above-noted activities, except when such injury, loss or damage is occasioned by the negligence or wilful misconduct of St. Marys, its employees, contractors or agents. 8.2 St. Marys will make reasonable efforts to accommodate Clarington's requests and to abide by any agreed upon schedule. However St. Marys will not be liable for any non-fulfillment of this MOU if attrbutable, directly or indirectly, to the closure of or inability to access the Licensed Area or the lands and premises of St. Marys, fire, act of God, pubFic enemy, strikes or other labour disputes, the authority of the law, or any other cause beyond its reasonable mnttol. In addition, St. Marys shall not be liable for any indirect or consequential damage, even if it has been advised of the possibility of the occurrence of the foregoing. 9. Insurance 9.1 Before commencing any Training Sessions at the Bowmanville Plant, Clarington shall obtain and continuously carry during the Tenn of the MOU, at its own expense and cost, the following insurance with limits not less than those specified m the respective items. Clarington also agrees to provide to St. Marys 30 days written notice regarding any material changes adversely affecting the Page 3 of 5 coverages) or amendments restricting coverage or cancellation of any such policy or policies. 9.1.1 Workplace safety insurance in compliance with workplace safety legislation at the place of work, including payments due thereunder, with respect to its employees conducting or participating in Training Sessions. 9.1.2 Automobile Liability Insurance Automobile Liability insurance in respect of licensed vehicles shall have limits of not less than $2,000,000 inclusive per Occurrence of bodily injury, death, and damage to property, covering all licensed vehicles owned or leased by Clarington, and endorsed to provide St. Marys not less than 90 days nonce in writing in advance of any cancellation, change or amendment restricting coverage. 9.1.3 A Comprehensive General Liability Policy containing the following terms and conditions, namely: (i) A combined single limit of $ S,000,DDO for each occurrence or accident (which can be a combination of Comprehensive General Liability and Excess/Umbrella Liability); (ii) Coverage in an occurrence basis against bodily injury (including death at any time resulting there from) sustained by any person or persons and damage to or destruction of property including loss of use caused by an occurrence or accident arising from any Training Sessions. (iii) Coverage for the following: (a) Broad Form Blanket Cpnfractual Liability for liability assumed under the Agreement and any other agreements relating to this MOU; (b) Broad Form Property Damages; (c) Personal Injury Liability; (d) Non-owned Automobile coverage for a limit of $ 5,000,000 for licensed motor vehicles used by Clarington; (e) Cross Bability and severability of interest clause. (iv) This policy shall include St. Marys and their representatives as additional insured, extend to cover employees, agents, officers and directors of such additional insured. 9.2 Clarington shall provide St. Marys' Safety & Health Coordinator with certificates of insurance m a form satisfactory to St. Marys' Safety & Health Coordinator upon execution of this MOU and thereafter at least once annually. 10. Miscellaneous This MOU shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in such Province, excluding any rule or principle of the conflict of laws which might refer such constmction to the laws of another jurisdiction. Each party irrevocably submits and agrees to the nonexclusive jurisdiction of the Courts of Ontario with respect to any matter related to this MOU. If any provision o f this MOU is unenforceable or deemed void by law, the remainder of the MOU will prevail. Each party will comply with all applicable laws in the performance of their respective obligations under this MOU. This MOU shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. This MOU may be executed in counterparts which taken together, shall form one agreement. An executed counterpart of this MOU may be delivered by facsimile fransmission. Page 4 of 5 By having authorized representatives sign below, the parties indicate then agreement with the foregoing. ST. MARYS CEMENT INC. (CANADA) THE CORPORATION OF THE ~~ ' By: Tony Merlin Safety & Health Coordinator Date• ~-q ~~. MUNICIPALITY OF CLARINGTON By: Jim Abernethy Mayor Date: By: 'I am authorized to bind the corporaton.' Patti L. Barrie Municipal Clerk Date: 'We are authorized to bind the corporation. Page 5 of 5