Loading...
HomeMy WebLinkAbout13 070 Bruce Power L.P. Funding Assistance Agreement Amendment By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE a i2A 1S KBt T o A! '* c'PAUtt Oi o\0 BY -LAW NO. 2013 - 070 BEING A BY -LAW TO AMEND BY -LAW 2008 -023: BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN BRUCE POWER L.P. AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE FOR FUNDING ASSISTANCE FOR NUCLEAR EMERGENCY PREPAREDNESS • WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended, Section 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 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 the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9 Section 8 states that the Lieutenant Governor in Council shall formulate an emergency plan respecting emergencies arising in connection with nuclear facilities, and any provisions of an emergency plan of a municipality respecting such an emergency shall conform to the plan formulated by the Lieutenant Governor in Council; AND WHEREAS Section 2.1 (1) of the said Act states that every municipality shall develop and implement an emergency management program which includes an emergency plan; • AND WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the passage of By -law No. 2008 -023 enter into an Agreement with Bruce Power L.P for funding assistance to help cover the costs connected with the Nuclear Emergency Plan program; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it necessary to amend By -law No. 2008 -023 as outlined in CEMC 2013 -01; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into an amending agreement with Bruce Power L.P., to provide a share of funding to the Nuclear Emergency Plan Program in accordance with terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by -law. • 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Bruce Power L.P. attached to this by -law. ...12 Page 2 Bruce Power L.P. Funding Assistance Agreement Amendment By -law By -law No. 2013 - 070 3. This By -law shall come into full force and effect upon its final passage. • _ L.P. 4. This By-law may be cited as the "Bruce Power Funding Assistance Agreement Amendment By -law ". READ a FIRST and SECOND time this 5 day of June, 2013. P D au. ea. yor Clerk READ a THIRD time and INALLY PASSED this 5 day of June, 2013. - , go-wwallutelktie a • r Clerk • • • THIS AMENDING AGREEMENT is made effective as of April aS;2O13 (the "Effective Date ") BETWEEN: BRUCE POWER L.P. ( "Bruce Power ") -and - MUNICIPALITY OF KINCARDINE (the "Municipality ") RECITALS i. Bruce Power and the Municipality entered into the Amended and Restated Nuclear Emergency Funding Agreement, dated as of December 14, 2007 with an effective date of January 1, 2007 (the "Agreement "); and ii. The Parties wish to amend the Agreement upon the terms and conditions set out in this Amending Agreement (the "Amendment "). In consideration of the mutual promises of this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Amendments. Upon execution of this Amendment by the Parties, the Agreement is amended as follows: (a) Each reference to "$95,000" in subsections 3.1 and 5.3 of the Agreement shall be replaced with "$105,000 ". (b) The reference to "2008" in subsection 3.1 of the Agreement shall be replaced with "2014 ". (c) The reference to "January 31" in subsection 5.2 of the Agreement shall be replaced with "February 28 ". (d) Subsection 5.4 of the Agreement is replaced with the following: "The Municipality shall deliver its invoices to Bruce Power to the address shown below, or to such alternate address provided by Bruce Power for this Purpose: Bruce Power L.P. P.O. Box 6000, B10 5` Floor Tiverton, ON NOG 2T0 Attention: Accounts Payable with a copy to: Attention: Dan McArthur Facsimile No.: (519) 361 -4559 Invoices may also be submitted electronically to accountingservices @brucepower.com OR bndpaccountspavableinquiry@bruecpower.com Prior to sending the final invoice as set out above, a draft invoice shall be submitted to the Contract Manager for verification and approval to: Contract Manager name: Dan McArthur, Bldg B10, Phone (519) 361 -7041 Email address: dan.mcarthur @brucepower.com All invoices shall reference this Agreement and the then current Purchase Order. If Bruce Power disputes any invoiced amount, Bruce Power shall provide the Municipality with a written explanation for the dispute amount within ten (10) days of receipt of the invoice. Bruce Power shall pay all undisputed invoiced amounts within thirty (30) days of its receipt of the invoice and all disputed invoiced amounts within fifteen (15) days of the date of resolution of the disputed amount." (e) Subsection 5.5. is replaced with the following: "HST: All amounts due as harmonized sales tax ( "HST') as well as HST registration number must be shown separately on invoices. The Municipality shall deduct all recoverable HST paid from reimbursable expenses before adding HST to amounts to be invoiced to Bruce Power. The Municipality's HST registration number must appear on all invoices." (f) Subsection 15.1 of the Agreement is replaced with the following: "Notices: Any formal notice required by this Agreement shall be deemed properly given if either faxed with confirming receipt from recipient, set by registered mail or courier, or delivered as follows: on behalf of the Municipality, to: Municipality of Kincardine 1475 Concession 5, RR #5 Kincardine, ON N2Z 2X6 Attention: Roberta Trelford, CEMC Facsimile No.: (519) 396 -3033 on behalf of Bruce Power, to: Bruce Power P.O. Box 1540, B10 177 Tie Road Municipality of Kincardine, RR #2 Tiverton, ON NOG 1TO Attention: Dan McArthur Facsimile No.: (519) 361 -4559 with a copy to: Attention: Chief Legal Officer Facsimile No.: (519) 361 -4333 Any such notice, if delivered by hand or courier, shall be deemed to have been given and received on the date on which it was received at such address, or, if sent by registered mail, shall be deemed to have been given and received on the date on which the notice was received and accepted. Any notice transmitted by facsimile shall be deemed to have been given and received on the next Business Day. Either Party may change its representative specified above by giving notice thereof to the other Party." (g) Subsection 15.2 of the Agreement is replaced with the following: "Day to Day Contact Information: Any verbal or written correspondence regarding day -to -day activities between Bruce Power and the Municipality shall be addressed as follows: on behalf of the Municipality, to: Attention: Roberta Trelford Phone No.: (519) 396 -2141 Facsimile No.: (519) 396 -3033 Email: kinfirecemc @bmts.com on behalf of Bruce Power, to: Bruce Power P.O. Box 1540, B10 177 Tie Road Municipality of Kincardine RR #2 Tiverton, ON NOG 2T0 Attention: Dan McArthur Phone No.: (519) 361 -7041 Facsimile No.: (519) 361 -4559 Each of the Parties shall notify the other in writing forthwith upon any change in persons mentioned in this subsection 15.2. (h) Schedule A of the Agreement is replaced with Schedule A set forth in Exhibit 1 to this Amendment. 2. Miscellaneous. (a) Definitions. Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings specified for such terms in the Agreement (without the Amendment). (b) Entire Agreement. This Agreement, and any exhibits or other documents referenced herein, constitutes the entire agreement between the Parties relating to the subject matter, and supersedes all prior written or oral agreements, representations and other communications between the Parties. (c) Counterparts. This Amendment may be executed and delivered in counterparts (including by facsimile or other means of electronic transmission), each of which will be deemed an original. (d) Headings. The headings used in this Amendment are for convenience of reference only and will not affect the interpretation or construction of the Amendment. (e) Governing Law. This Amendment is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein (without reference to its choice of law doctrine). The Parties have, by their duly appointed representatives who each have the authority to bind the parties, executed this Amendment on the Effective Date. MUNICIPALITY OF KINCARDINE BRUCE POWER L.P., by its General Partner, Bruce Power Inc. Per ■ Per: Lorr Qerr�r (" Or Kevin Kelly CFO & EVP, Finance & Commercial Services Per: MvrroLJ CJorKe, CA0 BrianHilbers 'Thief Legal Officer BRUCE POWER LA r DIVISION Approved: !J Date: Ate EXHIBIT 1 [See next page] SCHEDULE "A" KEY DELIVERABLES OF MUNICIPALITY Set out below are the deliverables that the Municipality must complete to receive full Funding under the Agreement. The Provincial Nuclear Emergency Response Plan ( "PNERP ") identifies the Municipality of Kincardine as the Designate Municipality in the Primary Zone. The PNERP provides the basis for the deliverables outlined in this Agreement. 1. Annual Emergency Management Program The Municipality of Kincardine shall maintain the municipal standards set out in the Emergency Management and Civil Protection Act ( "EMCPA ") Ontario Regulations 380/04 Standards. This includes designating an employee as the Community Emergency Management Coordinator ( "CEMC ") and another employee as the alternate CEMC, in the event the CEMC is unavailable for response. The CEMC will prepare an Annual Emergency Management Program Schedule and must identify, by quarter the following: • Drill and Exercise Schedule, including the Public Alerting tests and Off - Site Centre drills; • The Emergency Management Coordinating Committee ( "EMCC ") meetings; • The training schedule for those Municipal employees who require training under Applicable Law; • Emergency Preparedness activities; The Schedule will be published and distributed no later than January 31 of the current year. Revisions of the Schedule to be included with bi- annual reports as required. 2. Meetings The Municipality shall: • Ensure that the EMCC and sub - committee meetings are held as required by Applicable Law, with a minimum of 2 EMCC meetings per year; • Send out meeting agendas to committee members no later than 2 weeks prior to the meeting date; • Send out meeting minutes to committee members no later than 4 weeks after meetings have been conducted; and • Ensure that a Bruce Power representative is on the EMCC; • Conduct an annual meeting between Bruce Power Emergency Plan Programs Section, the Municipality's CEMC and applicable Municipality management for the purpose of reviewing program performance and developing corrective actions as required. • Ensure the CEMC attends meetings as required including the Nuclear Emergency Management Coordinating Committee ( "NEMCC "); • Should attend bi- monthly meetings with Emergency Plan Programs as governed by the established schedule. 3. Municipal Emergency Preparedness The Municipality shall: • Have a CEMC who is 24 hrs on -call and have an alternate maintain the same on -call availability to cover vacations, medical leaves, illness, etc., as required; • Prepare /revise Plans and Procedures as required under the EMPCA and PNERP; • Coordinate and conduct training of Municipal Emergency Response and support staff including associated partners such as utility companies, Non - Governmental Organizations ( "NGO's ") as required; • Maintain Municipal emergency equipment and facilities in a state of readiness by performing regular checks and correcting deficiencies; • To the extent that nuclear emergency planning requirements extend beyond the boundaries of Kincardine, the Municipality will be responsible to ensure that neighboring Municipalities are adequately supported in their nuclear emergency planning. Communication and coordination of nuclear emergency planning within Bruce County is the responsibility of the Municipal CEMC position. This work shall be conducted through the EMCC or the Bruce County CEMC Committee and Bruce Sector CEMC Committee. 4. Drills /Exercises and Training The Municipality shall: • Coordinate and conduct emergency centre drills and exercises including the Public Alerting tests and Off -Site Centre drills as per the Municipality of Kincardine Emergency Response Plan; • Specifically, these include: > Coordinate the planning and preparation of the municipal drills /exercises for the designate and host municipalities including exercise objectives, scenario development, agency participation, timeline, message cards, emergency facility availability, and readiness, etc. ➢ Coordinate and conduct appropriate training and briefings for applicable external agencies and designate and host municipal emergency response and support staff regarding their roles and responsibilities 5. Public Education The Municipality shall: • Conduct public education initiatives reaching the population within the primary zone to raise awareness of the possible hazards and what to do in the event of a nuclear emergency • Include radiological risks in their general public education program. 6. Reporting and Administration The Municipality shall: • Support the CNSC audit process as applicable; • Shall provide a Bi- Annual Report using the following format to detail the following: 1. Annual Emergency Management Program 2. Meetings 3. Municipal Emergency Preparedness 4. Drills /Exercises and Training 5. Public Education 6. Reports and Administration A. Documentation ➢ Plans and Procedures Status i.e., documents requiring revision and target date for completion of revisions B. Municipal Emergency Response and Support Staff training ➢ Planned dates for training sessions ➢ Number of training sessions conducted ➢ Number of Municipal Operations Center staff trained ➢ Number of Municipal, County and Provincial Off Site Center staff who have received training /orientation C. Emergency Centre Facility and Equipment Readiness ➢ Report on type and frequency of facility /equipment checks performed ➢ Report on deficiencies found and corrective actions taken D. Drills and Exercises Performance report ➢ When was it conducted ➢ What was the scenario and scope ➢ What organizations attended ➢ List of finding and opportunities for improvement and report on status as applicable E. Public Education Update report ➢ Report on Nuclear Public Education Sub - committee meetings ➢ Report on Public Education conducted including dates, location and medium of education ➢ Report on Public Education Initiatives