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Home My WebLink AboutCOD-050-09ll Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 6, 2009 1(PSoI ~-; ,sr~ ~ Gc P ~ - ~7 7 - 09 Report #: COD-050-09 File # By-law # L.obq - I a~ Subject: LETTER OF UNDERSTANDING, THE RADIATION PROTECTION SERVICE OF THE ONTARIO MINISTRY OF LABOUR FOR PLACEMENT OF AIR MONITORING DEVICES AT FIRE STATIONS Recommendations: It is respecttully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-050-09 be received; THAT the updated letter of understanding with The Radiation Protection Service of The Ontario Ministry of Labour, for the placement of air monitoring devices at current and future Fire Stations as deemed appropriate by the Director of Emergency and Fire Services be approved; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved. Attachments: Attachment #1 -Updated letter of Understanding Attachmen -Report COD-055-06 Schedu - By-law Authorizing Letter of Unde t ding Submitted by: Reviewed by: M arano, H.B.Sc., C.M.O., ,t _/ ranklin Wu, Director f Corporate Services /YU'~ Chief Administrative Officer l ~-- ._ s ~ l.-._/ ordon Weir, A.M.C.T., C.M.M.II Director of Emergency & Fire Services MM1GWIgj CORPORATION OF THE MUNICIPALITY OF CLARINGTON tSVWMANVILLt, VN I F(905)623-4169 REPORT NO.: COD-050-09 PAGE2 BACKGROUND AND COMMENT 1. BACKGROUND In 2006, Report COD-055-06 (attachment # 2) authorized the installation of air monitoring devices at Fire Station #1, as part of the Ontario Reaction Surveillance Program. The Program is established under the Ontario Ministry of Labour and the device measures radiation as part of the Ontario Reaction Surveillance Program. The device was installed at Fire Station #1, 2430 Highway 2, Bowmanville as identified and authorized in the letter of understanding. 2. COMMENTS AND RECOMMENDATION The Fire Chief was contacted in 2008 by the Radiation Protection Services, of the Ministry of Labour to request permission to locate an additional air monitoring device at Station #4 in Courtice. The existing letter of understanding was reviewed and updated by the Director of Emergency Services/Chief and Director of Corporate Services to reflect the ability to locate the device at the Courtice Station as requested, and also at other stations in future, if it is deemed advisable by the Director of Emergency and Fire Services. The Director of Finance reviewed the updated letter of understanding for insurance implications, and has advised that the correspondence related to insurance is satisfactory. It is recommended that the updated letter of understanding which will allow the additional Courtice Station device, and potential for future device installations at the discretion of the Chief, be approved for execution. by the Mayor and Clerk, and that the appropriate by-law be forwarded to Council for approval. ATTACHMENT #1 LETTER OF UNDERSTANDING BETWEEN The Corporation of the Municipality of Clarington ("Clarington") and Her Majesty the Queen in Right of Ontario, as represented by the Minister of Labour, ("Ministry") RE~ The installation of air monitoring devices at fire stations in Clarington By a Letter of Understanding dated October 2, 2006, Clarington and the Ministry (the "Parties") previously agreed to an air monitoring device and related equipment ("Device") being installed on space outside the building located at Clarington Fire Station #1 (2430 Highway 2, Bowmanville). The Parties agree that measurements taken by such Devices help to provide assurances with respect to the health and safety of persons in Clarington and surrounding areas. The Parties agree that a Device will also be installed on space outside the building located at Clarington Fire Station #4 (2611 Trulls Road, Courtice). The Parties agree that the Ministry can install additional Devices at other locations in Clarington in the future if Clarington permits such further installations. These locations, including the two Fire Stations specified above, are referred to below as "the agreed-to Locations". The Parties agree that such Devices will be owned and operated by the Ministry while they are located in Clarington. Furthermore, Clarington will take all necessary steps to ensure that the Ministry and its respective employees, authorized agents and contractors have access to the Devices on a 24-hours-a-day, 7-days-a-week basis for conducting the Ministry's business. By this Letter of Understanding dated July 2, 2009, the Parties hereby confirm the above statements and furthermore agree as follows: Clarington grants to the Ministry, in perpetuity (unless earlier terminated as provided for herein), the right to use and occupy the amount of space at all agreed-to Locations in Clarington that is Headed by the Ministry for air monitoring purposes in connection with the installation, operation and maintenance of the Devices. 2. The Ministry is responsible for, and shall at its cost repair and maintain, the Devices in good condition at all times. 3. The Ministry shall pay for all installation, operation and maintenance costs (including hydro services) in connection with the Devices. 4. Clarington agrees to promptly notify the Ministry about any act or thing the Ministry is doing that may make void or voidable any insurance payable by Clarington upon any buildings or part thereof at the agreed-to Locations, or that may cause any increase or additional premium to be payable by Clarington for any insurance, and the Ministry agrees to stop doing such act or thing at Clarington's request. The Ministry agrees to pay for all costs occasioned by the act or thing if those costs are incurred after Clarington has notified the Ministry. 5. The Ministry agrees to be responsible for the installation, operation and maintenance of the Devices. 6. The Ministry agrees not to sublet the space at the agreed-to Locations without obtaining Clarington's prior. written approval. 7. Either party may terminate this Letter of Understanding by providing the other party with 60 days prior written notice. Upon the giving or receipt of such notice, the Ministry shall at its cost remove the Device(s) from the agreed-to Location(s). 8. This Letter of Understanding shall enure to the benefit of, and be binding upon, the Partiesand their respective successors and assigns. This Letter of Understanding supersedes and replaces the one dated October 2, 2006 between the Parties. IN WITNESS WHEREOF the Parties have executed this Letter of Understanding by their duly authorized representatives as of .2009. for Clarington: Mayor Jim Abernethy P.L. Barrie, Municipal Clerk for the Ministry: Tracey Mill, Director OHSB Lothar Doehler, Manager, RPMS ATTACHMENT #2 s Leaaiag r1,a way REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: SEPTEMBER 25T", 2006 y~y_d~ ~p~a lu hcm +F C' Report #: COD-055-06 File # By-law #~ - f Sg Subject: LETTER OF UNDERSTANDING, THE RADIATION PROTECTION SERVICE OF . THE ONTARIO MINISTRY OF LABOUR Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-055-06 be received; 2. THAT the letter of understanding with The Radiation Protection Service of The Ontario Ministry of Labour be approved, and 3. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the necessary agreement be approved. f vv ~ Submitted by: ~ Reviewed by. arse Marano, H.B.Sc., C.M.O. Franklin Wu, Director f Corporate Se ices Chief Administrative Officer ~M ~" ~ - or n Weir, A. M.C.T., C.M.M.II Director of Emergency & Fire Services MMIOWlLAB\km CORPORATION OF THE MUNICIPALf1Y OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905~23-3379 F (905}623-4169 REPORT NO.: COD~55-06 PAGE2 BACKGROUND AND COMMENT A request from The Radiation Protection Services of The Ontario Ministry of Labour was received to establish an air monitoring site at the Clarington Emergency Services Fire Station #1 located at 2430 Highway #2, Bowmanville, Ontario. This air monitoring device will serve as part of the Ontario Reaction Surveillance Program. The Radiation Protection Monitoring Service is the only Ontario Government Laboratory licensed and accredited to pertorm radiation measurements in the province. The ORSP is operated to track radiation levels in the communities surrounding nuclear facilities in order to assure the public that their health, safety and property are not being impacted by plant emissions. As the population in the Durham Region continues to grow so, too must the ORSP network. Four air sampling stations are currently in operation in the area surrounding the Darlington Nuclear Generating Station. The proposed letter of understanding has been reviewed by the Director of Finance. It is therefore respectfully recommended that the letter of understanding with The Radiation Protection Services of The Ontario Ministry of Labour be approved. Attachments: Attachment 1 -Schedule "A", By-law Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- 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 day of , 2006. By-law read a third time and finally passed this day of , 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON To Report COD-050-09 BY-LAW 2009- Being a By-law to authorize a Letter of Understanding 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 day of , 2009. By-law read a third time and. finally passed this day of , 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk