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Home My WebLink About09 173 County of Bruce Winter Maintenance Agreement By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT • ��1LIFY OF K BY -LAW NO. 2009 —173 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND THE CORPORATION OF THE COUNY OF BRUCE FOR PROVISION OF WINTER MAINTENANCE AND WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that lower -tier municipalities may pass by -laws within the • sphere of jurisdiction of highways, including parking and traffic on highways; WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, as amended, Sections 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS with the passage of By -law No. 2009 — 001, the Council of The Corporation of the Municipality of Kincardine entered into an agreement with The Corporation of the County of Bruce for provisions of winter maintenance for a term of two (2) years; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with The Corporation of the County of Bruce for the continued provision of winter maintenance; • NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: That The Corporation of the Municipality of Kincardine enter into an agreement with The Corporation of the County of Bruce for the provision of winter maintenance of portions of Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site. 2. That this agreement be for a term of three (3) winter seasons as outlined in the attached agreement. 3. That the Mayor and Chief Administrative Officer be authorized to sign execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with The Corporation of the County of Bruce, attached hereto as Schedule 'A' and to affix the corporate seal. is .../2 Page 2 County of Bruce Winter Maintenance Agreement By -law By -law No. 2009 - 173 • 4. This by -law shall come into full force and effect upon its final passage. 5. This by -law may be cited as the "County of Bruce Winter Maintenance Agreement By -law ". i s • Mayor Clerk READ a FIRST and SECOND TIME this 2 nd day of December, 2009 READ a THIRD TIME and FINALLY PASSED this 2 nd day of December, 2009. (!� • SCHEDULE "A" Bruce County By -law No. 4299 Municipality of Kincardine By -Law No. 2008 - MUNICIPALITY OF KINCARDINE WINTER MAINTENANCE AGREEMENT Winter 2009 to Spring 2012 PARTY OF THE FIRST PART and PARTY OF THE SECOND PART CORPORATION OF THE COUNTY OF BRUCE WALKERTON, ONTARIO phone (519) 881 -2400 fax (519) 507 -3030 representative BRIAN KNOX CORPORATION OF THE MUNICIPALITY OF KINCARDINE phone (519)396-3468 fax (519) 396 - 8288 representative JAMES O'ROURKE It is hereby agreed by both parties that a Kincardine policy has been adopted for Emergency Access to Bruce Power during conditions of severe weather when Highway #21 between Kincardine and Port Elgin has been closed and when Bruce County Road #23 between Kincardine and Bruce County Road #15 has been closed and the Emergency Access Route is in use: Operating Logistics of the Emergency Access Route: The Municipality of Kincardine has prepared and approved a `Policy for Emergency Access to the Bruce Nuclear Power Development', attached hereto as appendix W. This policy has been reviewed and accepted by the Highways Department on behalf of the County of Bruce. This policy establishes the operating logistics of the Emergency Access Route. This policy outlines circumstances where the municipality may be undertaking winter maintenance work on County Roads. 2. It is the objective of this agreement to facilitate the Second Party to undertake the plowing /sanding of portions of Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site. 3. Re- imbursement: Both Parties agree that no funds shall be exchanged. 4. Indemnification By this Agreement, the First Party indemnifies the Second Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from any actions of the First Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. By this Agreement, the Second Party indemnifies the First Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from an actions of the Second Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. 5. Insurance Each party to this Agreement covenants and agrees to maintain comprehensive Municipal Liability Insurance, with limits of at least $10,000,000 inclusive per occurrence, protecting against liability arising from acts done in pursuance of this Agreement. Each of the parties shall, at the request of the others, provide evidence of coverage as provided for in this clause. The undersigned parties hereby agree to abide by the above conditions for the winter seasons of November 1, 2009 to April 30, 2010, November 1, 2010 to April 30, 2011 and November 1, 2011 to April 30, 2012 or until notice to withdraw from this agreement is appropriately given by one party to the other. Signed and sealed this I 'L day of T-J o --j t l , 2009. FOR THE PARTY OF THE IRST P�T J �-► Department Councillor signat re` (please print) County Engineer signature Brian Knox (please print) Date — XIA,:,.,,,, ne.,i., +o., c\nnroamants\ Kincardine \2009.2012\agreement.doc FOR THE PARTY OF THSE JACO Mayor sit (please int) ,Glor signature \ „�y C�•�d� n�o (please print) ®c� ( 7—t 07 Date 1 POLICY POLICY NO.: SECTION: TITLE /SUBJECT: ADOPTED DATE: REVISION DATE: Objective: TP.3.1 TRANSPORTATION - TRAFFIC CONTROL EMERGENCY ACCESS TO THE BRUCE NUCLEAR POWER DEVELOPMENT January 16, 2008 To open the Upper Lorne Beach Road emergency access gate (see map attached), upon special request from Bruce Power, to allow buses and /or emergency vehicles to transport essential staff, during road closures. Operating Logistics: 1. When the decision has been made by the OPP to close Bruce County Road #23, the County shall notify the Ward 1 Foreman, by calling the Municipality's Answering Service at 519 - 396 -1511. 2. The Ward 1 Foreman shall immediately notify the Wards 2 and 3 Foremen that the road has been closed. 3. (a) The Ward 1 Foreman shall ensure that the sign at location two (see attached map) is in place and flashers have been installed. (b) The County of Bruce shall ensure that the road closed sign is in place at Location No. 1(see attached map). 4. The Ward 2 Foreman shall ensure that the Emergency Access Road from Golf Links Road to the north end of Victoria Street at County Road 15 is plowed and sanded between the hours of 0600 hours and 1600 hours during the duration of the "event ". 5. During the hours of 0600 hours and 2000 hours, the gate for the Emergency Access Road shall be opened by the Municipality upon special request from Bruce Power to allow their buses and /or emergency vehicles to transfer staff. The Municipality requires two hours advance notice. Bruce Power contacts the Municipality at 519- 396 -1511, and the OPP at 1- 888 - 310 -1122 requesting to speak with the South Bruce Detachment, Kincardine. The gate openings shall be limited to very short durations and supervised by the OPP, as staffing permits. 6. An "event" ceases when the OPP have declared Bruce County Road #23 open to traffic. 2 7. The Public Works Manager shall be the key contact for this policy and he /she shall have the authority to make emergency decisions in regard to the use of this policy. Location of Upper Lorne Beach Emergency Access Road GATI Location of Signs location No.1 CR Lome Beach Rd. Location No. 2 MacCaskill Rd. El c c� t� ROAD CLOSED ROAD CLOSED AHEAD AT LORNE BEACH ROAD NO HEAVY TRUCKS