Memorandum of Understanding – Spill Response Trailer
Raisin River Conservation and the Corporation of the City of Cornwall
Spill Response Program
MEMORANDUM OF UNDERSTANDING FOR A SPILL RESPONSE TRAILER
BETWEEN THE CORPORATION OF THE CITY OF CORNWALL
AND
RAISIN REGION CONSERVATION AUTHORITY ON BEHALF OF THE RAISIN-SOUTH NATION SOURCE PROTECTION REGION
South Nation Conservation and Raisin Region Conservation Authority secured funding under the Clean Water Act – Drinking Water Source Protection Program to enhance spill response across the Raisin-South Nation Source Protection Region (the Region). Three spill response trailers and spill containment equipment and supplies were purchasedwith this funding for deployment throughout the Region. TheCorporation of the City of Cornwall was selected to host the spill response trailer for the United Counties of Stormont, Dundas & Glengarry and Cornwall areas of the Region. This document outlines the responsibilities of each party for the contribution of a spill response trailer to theCorporation of the City of Cornwall. This agreement is based on the mutual benefits to enhancing spill response in the Region and is written and executed under a “good faith” principal.
Agreement made in duplicate this ____day of ______, 2008.
BETWEEN: Corporation of the City of Cornwall
360 Pitt Street
P.O. Box 877
Cornwall, ON, K6H 5T9
hereinafter referred to as the "City"
- and -
Raisin River Conservation Authority
P.O. Box 429, 18045 County Rd. 2
Cornwall, ON K6H 5T2
hereinafter referred to as “RRCA”
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Memorandum of Understanding – Spill Response Trailer
Raisin River Conservation and the Corporation of the City of Cornwall
WHEREAS the City and RRCA agreed to the following terms and conditions for the allocation of a spill response trailer, provided by RRCA through the Ontario Drinking Water Stewardship Program and Clean Water Act, to the City for spill response within the City and surrounding region (as required).
NOW THEREFORE the City and RRCA agree as follows:
1. TERM
This Agreement shall commence on the date of signing.
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Memorandum of Understanding – Spill Response Trailer
Raisin River Conservation and the Corporation of the City of Cornwall
2. DESIGNATED REPRESENTATIVES
i) For the purposes of this Agreement the designated representatives are:
for the City is: Vic Leroux, Fire Chief
Cornwall Fire Services
10 Fourth St. West Box 877
Cornwall, ON, K6J 2R6
(613) 930-2787 ext. 2338
for RRCA is: Roger Houde, General Manager
Raisin Region Conservation Authority
P.O. Box 429, 18045 County Rd. 2
Cornwall, ON K6H 5T2
(613) 398-3611
Both the City and RRCA agree that they may designate a different representative by providing notice in writing.
3. RRCA OBLIGATIONS
i) RRCA agrees to contribute one (1) spill response trailer to the City.
ii) RRCA will equip the trailer with the following spill response equipment at time of contribution only:
Quantity / Units / Equipment1 / kit / Plug and patch kit
1 / 100/skid / Oclansorb absorbant
1 / 56/skid / Absorball absorbant
1 / 15/case / Hydrocarbon socks
1 / 100/bale / Hydrocarbon pads
1 / 40/case / Universal socks
1 / 200/case / Universal pads
24 / Manhole covers
4 / 50ft / Hydrocarbon booms
4. CITY OBLIGATIONS
i) The City will assume ownership of the trailer and equipment and all future associated costs and responsibilities of ownership (e.g. licensing and insurance).
ii) The City, by acceptance and ownership of the spill response trailer, agrees to the following:
a) Provide a vehicle and back-up vehicle, suitable for trailer towing, for the deployment of the spill response trailer.
b) Provide adequate staff (or volunteers) to deploy the spill response trailer.
c) Provide or have access to a boat suitable for deployment of the containment booms
d) Provide adequate storage, preferably indoors, for the spill response trailer to ensure that it protected from the elements and theft.
e) Maintain the spill response trailer in good working order and ensure that it meets all mechanical and safety requirements.
f) Restock spill response equipment as required.
g) Implement a deployment protocol for the spill response trailer.
h) Respond with the spill response trailer, through Mutual Aid, to municipalities within Raisin-South Nation Source Protection Region, if requested. Arrangement for financial compensation for response outside the City is the responsibility of the City and the requesting municipality.
5. GENERAL PROVISIONS
i) Each party may cancel this Agreement at any time and for any reason upon giving sixty (60) days notice in writing to the other party of its intention to so cancel. Upon cancellation of this Agreement, the City shall:
a) Return the spill response trailer (in a reasonable state of repair) to RRCA, and
b) Return all equipment (in a reasonable state of repair) and unused supplies provided with the spill response trailer, as stated in section 3 ii) of this Agreement, to RRCA.
ii) RRCA acknowledges that there is no liability accruing to the City for failure to supply a spill response team/trailer outside their immediate jurisdiction of the City of Cornwall if they are already engaged in a priority call and do not have the necessary resources to deploy an additional team outside of their jurisdiction. The parties expressly covenant and agree that in respect of third party claims of any nature arising from the provision of spill response services by the Cornwall Fire Service under this Agreement, indemnify and hold harmless the City and the Cornwall Fire Service from and against all liability, loss, costs, claims, expenses including legal fees, demands, actions and causes of action asserted by third parties and in any way arising from performance of non-performance under this Agreement by the Cornwall Fire Service and/or the City.
iii) This Agreement shall not be assigned.
6. ENTIRE AGREEMENT
The parties hereto agree to the terms and conditions of this Agreement.
CORPORATION OF THE CITY OF CORNWALL
______
Bob Kilger, Mayor Date
Corporation of the City of Cornwall
______
Denise Labelle-Gelinas, Clerk Date
Corporation of the City of Cornwall
We have the authority to bind the Corporation of the City of Cornwall.
RAISIN REGION CONSERVATION AUTHORITY
______
Ian McLeod, Chair Date
Raisin River Conservation Authority
______
Roger Houde, General Manager Date
Raisin River Conservation Authority
We have the authority to bind the Raisin River Conservation Authority.
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