HomeMy WebLinkAbout2009-109THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-109
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 13~h day of July, 2009.
By-law read a third time and finally passed this 13~h day of July, 2009.
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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 monitorina devices at fire stations in Clarinaton
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:
1. 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 needed 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
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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 Parties and 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 exe uted this Letter of Understanding by
their duly authorized representatives as of 2 YL°- 2009.
for Clarington: for the Ministry:
Y Y~-~~
Tracey Mill, Dire or OHSB
Lothar Doehler, Manager, RPMS