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HomeMy WebLinkAbout00 143 Agree-Paisley Joint Fire e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2000 - 143 BEING A BY-LAW TO ENTER INTO A JOINT FIRE PROTECTION AGREEMENT, TO ESTABLISH AND REGULATE A FIRE DEPARTMENT AND TO PROVIDE FOR MUTUAL AID WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it advisable to enter into a joint fire protection agreement with The Corporation of the Municipality of Brockton, The Corporation of the Municipality of Arran-Elderslie and The Corporation of the Town of Saugeen Shores to provide for the joint management and operation of a fire department, and to establish a joint board of management to be known as the ·Paisley & District Fire Department Joint Board of Managemenf'; WHEREAS Section 207(1} and (5) of the Municipal Act R.S.O. 1990, states: "207. By-laws may be passed by the councils of all municipalities: 1. For entering into agreement with any other municipality or person for the use of the fire-fighting equipment, or any of it. of the municipality or of such other municipality or person upon such terms and conditions and for such consideration based on cost as may be agreed upon, but despite any such agreement no liability accrues to the municipality or person for failing to supply the use of the fire-fighting equipment. or any of it. 5. For entering into agreement with one or more municipalities to provide for the joint management and operation of .... fire departments...., and for the establishment of joint boards of management thereof."; AND WHEREAS Section 210(31}(b} of the Municipal Act R.S.O. 1990, states: "210. By-laws may be passed by the councils of local municipalities: 31. For providing fire-fighting and fire protection services and for establishing, operating, promoting and regulating life and property saving companies. (b) The power conferred by this paragraph may be exercised jointly by two or more municipalities upon such basis as to the distribution of cost as the municipalities may agree and each municipality shall issue its own debentures for its share of the capital cost of providing the joint fire service."; .../2 -' e e e e By-Law No. 143 Paisley Joint Fire Agreement Page 2 of 3 AND WHEREAS Section 210(32} of the Municipal Act RS.O. 1990, states: "210. By-laws may be passed by the councils of local municipalities: 32. For adopting and participating in an emergency fire service plan and program established by... a county or district fire coordinator, upon such terms and conditions as the council considers appropriate, but despite such plan and program, no liability accrues to a municipality for failing to supply the use of fire-fighting equipment in accordance with the plan and program."; AND WHEREAS it is deemed advisable to enter into an agreement to provide for the joint management and operation of a fire department, to establish a joint board of management, to establish and regulate a fire department and to provide for mutual aid; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That we enter into an agreement with The Corporation of the Municipality of Brockton, The Corporation of the Municipality of Arran-Elderslie and The Corporation of the Town of Saugeen Shores, to provide for the joint management and operation of a fire department, and to establish a joint board of management to be known as the "Paisley & District Fire Department Joint Board of Managemenf'. 2. That the joint agreement is attached hereto as Schedule "A" and forms a part of this by-law. 3. That we hereby jointly establish a fire department to be known as the "Paisley & District Fire Department",with The Corporation of the Municipality of Brockton, The Corporation of the Municipality of Arran- Elderslie and The Corporation of the Town of Saugeen Shores. 4. That the regulations for the fire department are attached hereto as Schedule "B" and form a part of this bylaw. 5. That we participate in the County Mutual Aid service as provided in Schedule "C" attached hereto and forming a part of this by-law. 6. That the fire department shall provide for modified tiered response as in Schedule "D" attached hereto and forming a part of this by-law. 7. That no liability accrues to The Corporation of the Municipality of Arran-Elderslie, The Corporation of the Municipality of Brockton, The Corporation of the Municipality of Kincardine and The Corporation of the Town of Saugeen Shores, the Paisley & District Fire Department Joint Board of Management or the Paisley & District Fire Department for failing to supply the use of the fire-fighting equipment, or any of it. ../3 e e e . By-Law No. 143 Paisley Joint Fire Agreement Page 3 of 3 8. This by-law shall come into full force and effect upon its final passing. 9. This by-law may be cited as the "Paisley Joint Fire Department Agreement By-Law" . READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this 8th day of November, 2000. A~ . Mayor - ,;,;,;;., ~. '" .'!" . . . .. .JiIiii' DOCUMENTS TO SETUP AND REGULATE A PAISLEY JOINT FIRE DEPARTMENT IMPLEMENTING BY-LAW ...................................................................................................................................2 SCHEDULE "A" TO By-LAW.......................................................................................................................4 JOINT FIRE AGREEMENT ..............................................................................................................................4 SCHEDULE "A" 10 Ihe JOINT FIRE AGREEMENT ..............................................................................8 APPOINTMENT OF DESIGNATED MUNICIPALITY .....................................................................8 SCHEDULE "B" 10 Ihe JOINT FIRE AGREEMENT ..............................................................................9 APPOINTMENT OF A CHIEF AND A DEPUTY CHIEF ..................................................................9 SCHEDULE "C" 10 the JOINT FIRE AGREEMENT ............................................................................10 ARRAN-ELDERSLlE MAP .................................................................................................................1 0 SCHEDULE "D" 10 the JOINT FIRE AGREEMENT ............................................................................11 BROCKTON MAP.................................................................................................................................11 SCHEDULE "E" 10 the JOINT FIRE BOARD AGREEMENT .............................................................12 KINCARDINE MAP ..............................................................................................................................12 SCHEDULE oF" 10 Ibe JOINT FIRE BOARD AGREEMENT..............................................................13 SAUGEEN MAP.....................................................................................................................................13 SCHEDULE "G"lo Ihe JOINT FIRE BOARD AGREEMENT...........................................................__14 COMMUNICA TIONS/DlSPA TCH AGREEMENT........................................................................... 14 SCHEDULE "H"lo Ihe JOINT FIRE BOARD AGREEMENT .............................................................18 CALCULATION OF COST-SHARING ..............................................................................................18 SCHEDULE "B" TO BY·LA W ..................................................................................................................... 18 FIRE DEPARTMENT REGULA TIONS.......................................................................................................18 SCHEDULE "C" TO By-LAW.....................................................................................................................23 PROVISION FOR MUTUAL AID ..................................................................................................................23 SCHEDULE "D" TO By-LAW.....................................................................................................................24 MODIFIED TIERED RESPONSE .................................................................................................................24 1 -, ..... . . SCHEDULE "A" TO BY-LAW . NO. 2000-143 JOINT FIRE AGREEMENT THIS AGREEMENT MADE this first day of January, 2000. BET WEE N the following, collectively referred to as: "the PARTIES" THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLlE. hereinafter referred to as "ARRAN-ELDERSLlE" - and- THE CORPORATION OF THE MUNICIPALITY OF BROCKTON, hereinafter referred to as "BROCKTON" -and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE, hereinafter referred to as "KINCARDINE" - - and- THE CORPORATION OF THE TOWN OF SAUGEEN SHORES, hereinafter referred to as "SAUGEEN" WHEREAS the Parties hereto have passed their respective by-laws to provide for the joint management of a fire department. to establish a joint board of management to be known as the "Paisley & District Fire Department Joint Board of Management", and to establish and regulate a fire department to be known as the "Paisley & District Fire Department"; NOW THEREFORE the Parties hereto agree as follows: DEFINITIONS: 1. a) PAISLEY & DISTRICT FIRE DEPARTMENT JOINT BOARD OF MANAGEMENT, hereinafter referred to as the "BOARD", shall be composed of: two (2) elected members from Arran-Elderslie Council: 3 votes (Elderslie Ward Representative 1 vote Paisley Ward Representative 2 votes) . one (1) elected member from Brockton Council: one (1) elected member from Kincardine Council: 1 vote 1 vote one (1) elected member from Saugeen Council: 1 vote b) PAISLEY & DISTRICT FIRE DEPARTMENT means the fire-fighting and fire protection service available at all times for the areas defined in this Agreement, hereinafter referred to as the "DEP ARTM ENT" and shall be under the general control, supervision and direction of the Board c) FIRE CHIEF means the person appointed by the Board, who is the head of the Department's personnel, and shall be subject to the direction, control and supervision of the Board, hereinafter referred to as the "CHIEF" d) DEPUTY FIRE CHIEF means the person appointed by the Board, who is second in command of the Department's personnel, and shall be subject to the direction, control and supervision of the Board, hereinafter referred to as the "DEPUTY" - e) DESIGNATED MUNICIPALITY means the Party appointed to provide administrative services for the Board. subject to acceptance by the Party so appointed. in return for the annual fee as set out in Schedule "A", attached hereto and forming a part of this agreement, as amended from time to time by resolution of the Board upon notice by the Designated Municipality of a change in fee f) FIRE HYDRANT means the apparatus supplied by Arran-Elderslie Water Department for an annual fee, charged to Arran-Elderslie, separately from any other water rate the Arran-Elderslie Water Department may impose for the use of its system 4 ., , <' RESPONSIBILmES OF THE BOARD: . 2. That the Board shall be responsible for the following: a) to annually elect a Chair from among its members who shall have authority to call meetings; b) to appoint, by by-law, a Chief as in Schedule "B" attached hereto and forming a part of this agreement; c) to appoint, by by-law, a Deputy as in Schedule "B" attached hereto and forming a part of this agreement; d) Arran-Elderslie will provide, a SecretaryITreasurer; e) to prepare annual operating expense budgets. annual capital expense budgets and five (5) year capital proposals for presentation to the Councils of the parties hereto no later than March 31" of each year; f) for preparation of legislative by-laws goveming the rules, regulations and administrative duties of both the Department and the Board for presentation to the Parties hereto for consideration; g) for formulating policies, rules and regulations for and relating to the administration of the Department and the Board, as required; t h) to hold meetings, as required, each year as deemed to be necessary by the Chair, or, at the request of the Chief, or a majority of the members of the Board; i) the Board shall be responsible for the provision of fire protection services to the areas described in the schedules attached hereto and forming a part of this agreement, as follows: i) Schedule "C" - part of Arran-Elderslie Ii) Schedule "D" - part of Brockton iii) Schedule"E" - part of Kincardine iv) Schedule "F" - part of Saugeen j) to ensure that the Chief, or his designate, is in attendance at all meetings; k) to authorize the Chief to purchase necessary equipment and supplies to keep equipment and apparatus in proper operating condition; I) to ensure that all business of the Board is done by written motion; m) to enter into an agreement with the Owen Sound Police Services Board to provide for a Fire Communication and Dispatch System as attached hereto in Schedule "G" which forms a part of this agreement; EXPENDITURES . 3. That the annual total budgeted cost of the Department shall include all debt service charges, contingencies, grants, honoreria and all other normal costs associated with the operation of the said Department. 4. That the Parties hereto agree that all capital and operating costs, will be based on each Party's percentage share of the total current value assessment as provided annually by the Ontario Property Assessment Commission for taxation, contained in the areas covered by this agreement as defined in Clause 2.i). 5. That the Parties hereto agree that all assets, are jointly owned by all Parties proportionately determined by Schedule "H" attached hereto and forming a part of this agreement. FINANCING ,. 6. The Parties hereto agree to finance the operations of the Department by forwarding, to Arran-Elderslie, portions of the budget as follows: a) by February 20th: 15% of the previous year's budget b) by May 20th: 25% of the current year's budget c) by August 20th: 25% of the current year's budget d) by November 20th: 25% of the current year's bUdget e) any remaining balance shall be reconciled with year end 7. The Parties hereto agree that failure to forward a portion of the budget, as outlined in Clause 6, shall result in finance charges, based on local bank rates, being levied against the Party, on the outstanding amount, and shall be edded to the Party's billing for that quarter. 8. The Parties hereto agree that operating and capital costs shall be reconciled quarterly by Arran-Elderslie 5 , , <' and, if a balance remains payable over and above the budgeted amount previously forwarded, the balance is payable within thirty (30) days of the date of the invoice. If the balance remaining is a credit, ~ shall be applied to the next quarter. . 9. The Parties hereto agree that the late payment charges in effect in Arran-Elderslie shall apply to payments received after thirty (30) days and shall be added to the next quarterly billing. 10. The Parties hereto agree to forward to Arran-Elderslie, by January 31st of any year, their total current value assessment, as provided by the Ontario Property Assessment Commission for taxation, in order to allow Arran-Elderslie to calculate the Parties' shares as required by Clause 4. 11. a) The Parties hereto agree to indemnify and save harmless the members serving on the Department from all actions, causes of action, damages and claims arising out of the performance or non-performance of the services they provide. except in the case of wilful neglect of duty, or intentional damages caused by such individuals. b) The Parties hereto shall further not be responsible for personal injury or any consequences or damages arising as a result of personal injury occasioned by any individual serving on the Department. and all such members shall be notified that their services do include the chance of personal injury, and that they accept the risks associated with their being injured while on duty with the Department. 12. The Parties shall pass all necessary authorizing by-laws required to implement the authorities and operation of the Department. 13. This agreement shall be for a period of one year and shall remain in effect until a new agreement is made. . -..::,,; 14. Notwithstanding Clause 12, the terms of this agreement may be renegotiated and amended from time to time, as the Parties may agree. 15. In the event a municipality wishes to cease participating in the Board, ~ may do so provided that: a) One (1) year written notice is given to all other Parties. Said notice shall terminate that Party's Agreement as of the thirty-first (31 st) day of December in the year following that in which notice was given. b) The Party giving notice shall be granted 75% of its share of the depreciated value of the jointly owned assets at the time of termination. It is understood that the Party's share is to be calculated according to the formula defined in Clause 4. 16. The Parties hereto agree that if any term hereby is invalid or unenforceable, by reason of any law in force in the Province of Ontario, such term may be severed and the remainder of this agreement shall remain in full force and effect. 17. The Parties hereto agree, irrevocably, to attorn to the Courts, and the Province of Ontario. and agree that any dispute between them shall be litigated in the Province of Ontario. and, in any event, all rights between them shall be construed in accordance with the law in the Province of Ontario in effect at the material time. 18. The Parties hereto agree that this Agreement shall take effect on the 1st day of January, 2000. . IPALITY OF ARRAN·ELDERSLlE I ~.,~~:~-~----7:W-;w-,,·_w,., '..........-.. " ..r- -'_ / _",;,- ,.. ,......'~ -......---- -- / .;-- '-:'--.""' - - - - V'. ". --:..-.....:.,- ~ ........ ./......... ..:::,--'"' ~«.....-=--:::.- .:::---... ~...~-;::. ==~-..." :;....._::::-:~ -~,. -- ='" --, -"=-== :::~- --- -:~:::: --- '-./ '" .......-- -..,,- -.. ...- ...--- ..-.:..¿ ... ~ .... ....., - -;::. ........ .. ~'...... -....--~~ :;--','; . -\'''' ,- ,--.~ .........~/..- .r.....'- ·.....\.N.:::;; .~, "'// --------,"\:--"",;; -::::::._...!.._~::..:-:§:" ~ FOR THE CORPORATION OF THE MUNICIPALITY OF BROCKTON Ir '/ ::;"............. ,,; ~\:~;~'_\__:;~..:~~~~:- ~ \\"'~-......- ..........;.~D\ ~ .. ... ,j - ~~.;,.- -:.~~ ~~:: : -"';;:: ~ -:: ::~ .... --"" "',. '- '::::.. ::,.:::''''... _....1'-.::: '. ':::....../ ..-.... ......... ...... ~~~)~~~~~~~~> ~././.,,>:..~.,~ .' 6 . --- , " . FOR THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~ '/ M1>,VOR /' ':::-1 ¿~ _ ,..l"ñ 1I, CLERK PORATION OF THE TOWN OF SAUGEEN SHORES CŒ~ , . "..' -" -- .. ':;..~....... ";'.;,- .~ -". ...~. .... , -- .....- .:::---. ~". '-- .::::_~' ..:::.. ...;:;.., ~.::: ::t·? __ v _3!.;¡;~ . _. ~ : -;:.>¥ 2::::; .: '~. '. ~ .::-~. ..... -- --:s-'. _ _ ~..' ...;..::-- .--- .->: ---...~.. ..: ". 7 . . , . . 1. 2. , 3. '. SCHEDULE "An to the JOINT FIRE AGREEMENT APPOINTMENT OF DESIGNATED MUNICIPALITY 1. Services to be provided by Arran-Elderslie as at January 1, 2000 A, Pavroll: ANNUAL CHARGE 1. Setup, and maintain, special 'fire pay' requirements not necessary for other employees 60.00 60.00 2. 3. Setup and maintain 20 firefighters on system Annual fire pays - labour - stationery 150.00 20.00 4. 5. Firefighter expense pays between regular 50,00 100.00 100.00 Annual preparation of T -4's 6. Reconciliation of T -4's to General Ledger B. Accounts Pavable: 1. Receive invoices, obtain signatures, allocate invoices, setup on system, produce paylist for Council approval Produce cheques and supply stationery and postage 360.00 100.00 2. C. Quarterlv Billinos: 1. Receive assessments from participating municipalities and calculate shares 2. Produce summary of expenses for quarter and reconcile to General Ledger 3. Invoice participating municipalities Total 240.00 D. Annual Reoortino: Setup all accounts payable at December 31 st Reconcile quarterly billings to General Ledger summary at December 31 st and forward to participating municipalities for their audits. Provide all summaries, reconciliations and copies for audit. Total 225.00 E. Budoetino: 1. Provision of bUdget reports for Board using Arran-Elderslie's computer system at no extra charge. No charge F. Miscellaneous: 1. Phone calls for accounts payable, receiving parcels, receivinglsorting mail, photocopying, faxing, receivinglrelaying messages, carrying charges for participating municipalities, forwarding Board minutes to members, etc., etc. Total -ªMº- $1,500.00 Any additional service(s) required shall be at the current hourly rate, plus overhead charges, of the staff member performing the service. 8 ~ SCHEDULE "B" to the JOINT FIRE AGREEMENT . APPOINTMENT OF A CHIEF AND A DEPUTY CHIEF 1. The Parties hereto agree to confirm the appointment of Brian Cummings as the Chief of the Department effective January 10, 1989. 2. The Parties hereto agree to confirm the appointment of Jeff Tanner as the Deputy Chief of the Department effective November 6,1996. . , . ;",.:,c 9 , . , , " SCHEDULE "C" to the JOINT FIRE AGREEMENT . ARRAN-ELDERS LIE MAP El.OERSuE . ARRAN ElOEASuE . A"RAN " ~ I < '. " ~ , ! DOB8INTOH ~ '0 i. CO"CESSIOt< 1 '" ~ ~ I)t " . . m CONCESSION . < " . ~ ~ CCNCESSICN . .. Ii: ~ I. " COfCE~~. I!I CHESLE y ~ II /1.... . f 2000 , ...... 10 . . I . SCHEDULE "D" to the JOINT FIRE AGREEMENT BROCKTON MAP xv (;;, \~." XIV 1-./" C': , ,,", XIII , '.' 'xli , I' ", v¡ ....,/ ~. XI ft'.." I /0 " ,........1" ~ J ,~J'".) II( A . 0 ...~ ...;:.o( . 0. ) c ",~._., i"'Cftl I r IX t'" " " ". ./ .1. VI V /2 ... I 11 .' . . I . SCHEDULE "En to the JOINT FIRE BOARD AGREEMENT KINCARDINE MAP , , , \ . \ ., It· ., ',' ". . " , " .. .' ,I ~ ~ ~.." ,¡. oullM~" . rt~: .e- o' "" 111 12 " . · SCHEDULE "F" to the JOINT FIRE BOARD AGREEMENT · SAUGEEN MAP .....1... ,IOYI r" , ; 1·::!~·;~\tPò" ·"·RT ELGIN .. ,,', '''0 . . .' . . . ..... ..... . . t · 13 . . , . . . SCHEDULE "G" to the JOINT FIRE BOARD AGREEMENT COMMUNICATIONSIDISPATCH AGREEMENT BETWEEN: THE POUCE SERVICES BOARD FOR THE CORPORATION OF THE CITY OF OWEN SOUND (Hereinafter called the Board) AND THE PAISLEY AND DISTRICT FIRE BOARD (Hereinafter called the Department) AND THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLIE THE CORPORATION OF THE MUNICIPALITY OF BROCKTON THE CORPORATION OF THE TOWNSHIP OF KlNCARDINE·BRUCE-TIVERTON THE CORPORATION OF THE TOWN OF SAUGEEN SHORES (Hereinafter collectively called the Municipalities) AND THE CORPORATION OF THE CITY OF OWEN SOUND (hereinafter called the City) Whereas the Board has agreed to provide a twenty-four (24) hours per day paging service to the Paisley and District Fire Department for the purpose of receiving emergency fue department . telephone calls and relaying the information received to the department using the communications sYStem approved by the Department. The system consists of a telephone nwnber (519-353-5100) which area residents of the Department will call to report emergency fire related incidents and calls to this telephone number will be answered by the Owen Sound Police Dispatch Centre. Tbe emergency message received will be provided to the Department by the Dispatch Centre calling (a telephone number to be designated). The designated firefighter receiving the page will call the Dispatch Centre to confirm the emergency call information has been received. If no confumation has been received by the dispatch centre in three minutes from a designated firefighter the Dispatch Centre will again repeat the page, If after a further three minutes no confirmation has been received, the Dispatch Centre will begin the process of calling names from a pre-designated list of contacts. Once contact has been made and the emergency message relayed, that person will be responsible for contacting all other personnel required to handle the emergency call. II is anticipated with the introduction of E 9-1-1 in the County of Bruce that residents of Bruce County will be able to dial 9-1-1 to repon all emergency calls and that emergency calls for the Department will be received in the Dispatch Centre through this 9-1-1 service beginning in June 1998, The only change the introduction of E 9-1-1 service should make to this agreement is the elimination of the need for the Department to continue the practice of call forwarding to the Dispatch Centre calls made by Department area residents to your emergency nwnber. 14 , . . . . . Now therefore this agreement witnesses that: la). Equipment related to the system presently owned or hereafter acquired by the Department and installed in its own buildings or vehicles or carried by its personnel shall be maintained to good working order by the Department. In the case of a defect in the said equipment coming to the attention of the Dispatch Centre, the latter shall, if possible. inform the Department of the defect. Ib) The Dispatch Centre shall receive written notifIcation from the Department at the beginning of each calendar year identifying the person/agency providing maintenance and repair service for system equipment. If the Dispatch Centre is unable to contact the Department to inform them of a defect in their equipment, then the Dispatch Centre may direct the said maintenance provider to correct the defect and the Department shall pay for the repairs. Ic). The Department shall provide the Dispatch Centre written notice of changes to the communication system. including the names of personnel changes and telephone numbers. Such notice is to be directed to the Supervisor of Support Services. Owen Sound Dispatch Centre. 2 The Department agrees to pay for the cost of any telephone lines needed to the Dispatch Centre and from the Dispatch Centre. If the Dispatch Centre is assessed the cost of telephone lines or long distance charges as a result of this agreement, the Department agrees to compensate the Dispatch Centre for these costs, Payment for these costs shall become due and payable upon receipt of invoice by the Department. 3. I f either the Department or the Board wishes to terminate its participation in this agreement, it may do so upon giving not less than one full year's notice, in writing. which said termination shall become effective regardless of when given at the end of the firs! fiscal year after the year in which the notice is given. Until the date of termination becomes effective Ùle Department shall remain liable for its obligations hereunder. 4. Capital equipment cost is not anticipated for the successful operation of Ùlis service but in Ùle unlikely event equipment should be required Ùle parties agree that these costs will be Ùle responsibility of the Department. 5. The cost to the Department for the paging service provided by Ùle Dispatch Centre is to be $ 1.00 per capita per annum. based on Ùle population of their service area, according to the most recent provincial census. The Board agrees to provide the service covered by this agreement for this fee through to December 3 I, 1999 after which the parties to Ùlis agreement are to confirm or negotiate a new fee for service. Billing for this service is to be done in January each year and payment shall become due and payable upon receipt of invoice by Ùle Department. The most recent population figures available for purposes of Ùlis agreement are as follows: Municipality of Arran·Elderslie 1.605 Municipality of Brockton 430 Township of Kincardine-Bruce-Tiverton 395 Township of Saugeen Shores 70 The cost of the paging service for the first year, if service is provided for less than twelve monÙls shall be pro-rated by monÙl. 15 . · · · ~. , . 6. In the event of tennination by either party, all partS of the system located at the Owen Sound Police building shall remain the property of the Board and the Deparanent shall not be entitled to any reimbursement. 7. The Board will. during the term of the agreement, use its best efforts to ensure the efficient and proper operation of the system. The parties agree thai the Board and the City shall have no liability to the Deparanent as a result of the failure of the system to operate, or as a result of any act or omission by any employee in the operation of the said system. 8a). The Department agrees to indemnify and hold hamùess the Owen Sound Police Services Board, the Owen Sound Police Service and its their agents and servants, the Chief of Police and the City of Owen Sound and members of its Council, or any of them from all manner of actions, causes of actions, suits, claims and ð""'~ntjs whatsoever, which may be made against any of them arising out of the Owen Sound Police Service performing for the Department the services required by this agreement, or in anyway arising as a result of the implementation of the terms and procedures of this agreement. 8b). The Department shall provide liability insurance in a minimwn amount of two (2) million dollars to insure the indemnity contained in this paragraph and shall ensure that the Board is a co- insured thereon. 9. The Board shall operate as the exclusive agent of the City with respect to all maners relating to this agreement. 10. Notwithstanding the date of execution hereof, the effective date of this agreement shall be the I~'" dayof::I,q...¡ ,1999. II. This agreement shall enure to the benefit of and be binding upon the panies hereto, their successors and assigns, subject to tennination hereof, in accordance with the terms hereof. 12. The Municipalities and the City hereby consent to this agreement. 13 The recitals set out at the beginning of this agreement shall be pan of the agreement. 14. This agreement does not provide the service level required by Tiered Response to emergency calls and should the Municipalities implement Tiered Response, the fee to cover this increased service level is not covered by this agreement. IN WITNESS WHEREOF THE PARTIES HERETO HAVE HEREUNTO AFFIXED THEIR CORPORATE SEALS, ATIESTED BY THEIR PROPER OFFICER IN THAT BEHALF, ONTIDS d5 DAY OF ~-^. ....1999, The Police Services Board for the Corporation of the City of Owen Sound per: WITNESS: Chair 0 e Board 16 ( . ~' . . . . , . WITNESS: The Paisley and District Fire Board per: ~~4~P-"-~1 Chair of e Board W!TNESS The Corporation of the Municipality of Arran- Elderslie per: ~ J>~,~&,._ , ~ ~-// - , The Corporation of the Municipality of BrocktoD per: WITNESS: WITNESS: The Corporation of the Township of Kincardine- Bruce- Tiverton per: ~ _%-~c:4 ~ ßt;~~ WITNESS: 'on of the Town of Saugeen Shores 1'11 jß()H~~ The Corporation of the City of Owen Sound per: WITNESS: 17 , ~ ..' SCHEDULE "H" to the JOINT FIRE BOARD AGREEMENT . CALCULATION OF COST-5HARING 1999 ASSESSMENT for 2000 TAXATION Percentaae Share for Fire EXDenses Arran-Elderslie - Elderslie Ward Paisley Ward Total Brockton - Greenock Ward Kincardine - Bruce Ward Saugeen - Saugeen Ward . . . Assessment 36,745,124 38.676.960 75,422.084 24,047,000 28,423,700 5.143.000 133,035,784 Share 56.7% 18.1% 21.3% 3.9% 100% 18 , . , ..' SCHEDULE "B" TO BY·LAW . NO. ·00 PAISLEY & DISTRICT FIRE DEPARTMENT REGULATIONS DEFINITIONS & SHORTFORM WORDINGS PAISLEY & DISTRICT FIRE DEPARTMENT JOINT BOARD OF MANAGEMENT, hereinafter referred to as the "BOARD" PAISLEY & DISTRICT FIRE DEPARTMENT means the fire-f¡ghting and fire protection service available at all times for the areas defined in the Joint Fire Agreement, hereinafter referred to as the "DEPARTMENT" and shall be under the general control, supervision and direction of the Board FIRE CHIEF means the person appointed by the Board, who is the head of the Department's personnel, and shall be subject to the direction, control and supervision of the Board, and hereinafter referred to as the "CHIEF" · DEPUTY CHIEF means the person appointed by the Board, who is second in command of the Department's personnel, and shall be subject to the direction, control and supervision of the Chief and the Board, hereinafter referred to as the "DEPUTY" APPOINTMENT OF PERSONNEL 1. In addition to the Chief and Deputy Chief, appointed from time to time by the Board, there shall be such number of Captains and other members, appointed from time to time by the Chief as s/he deems necessary . CHAIN OF COMMAND: a) the Chief shall be in command b) in the absence of the Chief, the Deputy Chief shall be in command c) in the absence of both the Chief and the Deputy Chief, the senior Captain in attendance shall be in command d) in the absence of the Chief, the Deputy Chief and all Captains, the senior member fire-fighter shall be in command · e) where the Chief designates a member to act in the place of an officer in the Department, such member, when so acting, has all the powers and may perform all the duties of the officer replaced 2. The Chief may recommend, to the Board, the appointment of any qualified person to be a member of the Department. 3. A person is qualified to be a member of the Department, for fire fighting and prevention duties, who: a) has successfully completed Grade ten (10) of Secondary School b) is not less than eighteen (18) years of age c) has passed such aptitude, and other tests, as required by the Chief d) is medically fit to be a member as certified by a physician designated by the Chief d) must hold or be able to obtain a DZ licence e) is an existing volunteer firemen on staff as of the date of this agreement f) must obtain a medical every 3 years as per DZ licence requirements · g) the Board has the authority (based on the Fire Chiefs recommendation) to request a medical certificate from a physician of the Board's choice, if deemed necessary, for any volunteer fire person 4. A person who is appointed as a member of the Department may be on probation for a period of one (1 ) year during which period sIhe shall take such special training and examinations as required by the Chief. 19 '. . " .." 5. In the event a probationary member of the Department fails any such examinations, the Chief may recommend to the Board that s/he be dismissed or that the probationary period be extended. . REMUNERATION 6. The remuneration of all members of the Department shall be determined by the Board. DUTIES OF THE CHIEF 7. ADMINISTRATION: The Chief a) is responsible to the Board for the proper administration and operation of the Department, and for the discipline of its members b) shall submit to the Board for its approval, as required by the Board, the annual estimates for the Department. c) with respect to budget, shall , i) exercise control of the budget. ii) certify all accounts of the Department for processing by Arran-Elderslie. iii) shall prepare the payroll of the Department for processing by Arran-Elderslie, and maintain personnel records, as required, for the Department d) shall arrange for the provision of new buildings for the Department e) may make such general orders and departmental rules as may be necessary for the care and protection of the Department and its members, and generally for the efficient operation of the Department, provided that such general orders and rules do not conflict with the provisions of any by-laws of the Parties. f) may review periodically, the policies and procedures of the Department and may establish an Advisory Committee, consisting of such officers as slhe may determine, from time to time, to assist in these duties. g) is responsible for the enforcement of these regulations and the general orders and rules of the Department. h) shall prepare the annual report of the Department 8. FIRE PREVENTION: The Chief . a) may take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property and shall enforce all municipal by-laws respecting fire prevention and exercise the powers and duties imposed upon himlher by the Fire Protection and Prevention Act. b) shall endeavour to respond and attend, as soon as possible, at all emergency calls from the defined areas of the Parties hereto, wijh all necessary equipment and such number of members of the Department as deemed necessary at hislher discretion. c) shall report all fires to the Fire Marshal, as required by the Fire Protection and Prevention Act. d) shall provide liaison with local Fire Fighter's Association. e) shall provide liaison with the County Fire Co-ordinator. f) may assist the County Fire Co-ordinator in the preparation of a County Emergency Service Plan. g) may conduct company fire prevention and familiarization inspections of premises and process reports h) may examine building plans i) may provide personnel for fire prevention lectures . j) may appoint a member of the Department as a Fire Prevention Officer and assign himlher related duties 9. APPARATUS, EQUIPMENT & COMMUNICATIONS: The Chief shall 20 L . ~ . . ~ a) prepare specifications for the purchase of apparatus and equipment . b) arrange for and perform apparatus maintenance and cleaning duties at station c) provide for recharging facilities for fire fighting extinguishers and cylinders and test hose d) provide liaison with the Waterworks Department in order to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing waterworks facilities for the use of the Department e) issue clothing, equipment and cleaning supplies f} receive alarms and dispatch apparatus g) prepare specifications for new communication systems h) maintain the communicetion systems of the Department i) Initiate requisitions for materials and services 10. FIRE FIGHTING: The Chief shall a) control and extinguish fires , b) conduct investigations of fires in order to determine cause, origin and circumstances, and where appropriate, to request the Office of the Fire Marshal to conduct an investigation c) perform rescue and salvage operations and render first aid d) arrange for the provision of medical services e) maintain fire loss records 11. TRAINING: The Chief shall a) conduct and/or oversee training for all personnel of the Department in fire administration, fire prevention and fire fighting b) administer treining programs in station c) prepare and conduct examinations of members, as required PROMOTIONS . 12. a) The provisions of this section do not apply to the Deputy Chief. b) Every recommendation for promotion of a member made to the Board by the Chief shall be based on the evaluation of: i) the results of examinations taken by the member ii) the fire and station record of the member. c) When, in the opinion of the Chief, all other factors for the promotion of two or more members are equal, seniority of services in the Department governs. d) The Chief and Deputy Chief shall evaluate all members of the Department who are participating in an examination for promotion. e) Every applicant for promotion shall take such written, oral and practical examinations as may be required by the Chief. CONDUCT & REQUIREMENTS FOR MEMBERS . 13. Every member of the Department appointed for fire fighting duties is subject to a medical examination as the Chief may require. 14. REPORTING FOR DUTY a) Every member of the Department shall report for duty at the time prescribed by the Departmental rules and shall remain on duty until relieved. 21 , '. . ~ ~. . b) In the case of a member failing to report for duty, the Officer in charge may report this in writing, through his/her superior officer, to the Chief. c) No member, i) while in uniform, shall enter any premises where alcoholic beverages are sold or consumed, except in the performance of hislher departmental duties. ii) if his/her ability is impaired by the use of any intoxicating substance, shall be permitted to remain on duty. iii) while on duty, shall consume any intoxicating substance. d) No member shall solicit the influence or support of anyone in order to secure a transfer, promotion or other advantage. DISCIPLINE , 15. a) The Chief may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders and Departmental rules that, in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department. b) Following the suspension of any member, the Chief shall report the suspension and his recommendations to the Board. c) A member shall not be dismissed without being afforded the opportunity for a hearing before the Board if s/he makes a written request for such hearing within seven days after receiving written notice of hislher proposed dismissal. RESPONSE OUTSIDE LIMITS 16. The Department shall not respond to a call with respect to a fire or emergency outside the limits of the District, namely those parts of Arran-Elderslie, Brockton, Kincardine and Saugeen Shores as defined in the Joint Fire Protection Agreement, dated January 1, 2000, except with respect to a fire, or emergency: a) that, in the opinion of the Chief, threatens property in the District or property situated outside the District that is owned, or occupied by a municipality incorporated in the District; b) in a municipality with which an agreement has been entered into to provide fire protection; c) on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefore, or, . d) on those highways that are under the jurisdiction of the Ministry of Transportation of Ontario, or within the Region, County or District, where the Region, County or District has established a rescue system. COSTS 17. The costs of operation and maintenance of the Department, costs of trucks, equipment and salaries of all personnel, and all other matters, and things, referred to herein, and connected therewith, shall be borne by, and paid for, by the Parties as specified in the Joint Fire Protection Agreement, dated January 1, 2000. . 22 l . .' ,,"" SCHEDULE "C" TO BY-LAW . NO. -00 PROVISION FOR MUTUAL AID 1. The Parties hereto agree that the Department be authorized to leave the limits of the fire area at the discretion of the Chief and under the direction of the Bruce County Fire Co-ordinator to respond to calls for assistance from other fire departments authorized to participate in the Bruce County Mutual Aid System, or any other Regional, District or County Mutual Fire Aid System on a reciprocal basis. 2. In case the provisions of the By-iaw conflict with the provisions of any other by-law, the provisions of this By-law shall prevail. 3. It is further agreed that all costs for mutual aid response will be shared by the Parties hereto as set out in Clause 4. . . . 23 " . 'f. .~ .~ . . . ~- . . SCHEDULE "D" TO BY-LAW NO. - 00 MODIFIED TIERED RESPONSE Letter of Agreement for the Activation of Modified Tiered Response The Paisley and Area Fire Department (Fire Department) will use Its best efforts 10 respond upon notification from the London Central Ambulance CommunlcaUons Centra (CAC.C.) 10 the following Incidents where there Is a possible life threatening medical emergency within the Fire Response Area: Unconscious Respiratory ancl/or CardIac Arrest Motor Vehicle Collisions Entrapments and Other Rescue SltuaUons The Fire Department will provide emergency first aid medical care and assistance to the patient until the arrival of tha ambulance. The Fire Department will turn over all care 10 the paramedics arriving on scene. and will assist the paramedics with patient care and movement under their direction. This agreement acknowledges that FIRE responses take precedence and that the Fire Department will servlca emergency medical calls only If It is able to respond. The Fire Department will not be held responsible for a fanure to respond caused by factors beyond Its control. The Emergency Health Services Branch of the Ministry of Health will not be held responsible for any failure to notify the FIre Department. This agreement will be reviewed, revised and melntalned by the agencies Involved and stakeholder representatives on an annual basis, or at the request of a participating agency. In the evant that either party wishes to cease participating with this agreemant, It may do so on six (6) months written notlca to the other. If any dlsputa shall occur between the parties hereto relating to the InterpretaUon or implemantation of any of the provlslona of this agreement. such dlsputa shall be resolved by arbitration, Such arbitration shall be conducted by a single arbitrator appointed by agreement between the parties, or, In default of agreement, by a panet of three arbitrators. one appointed by each party, and one appointed by the other two erbltrators. The procedure 10 be followed shall be agreed by the parties, or, In defautt of agreement. determined by the arbltrator(s). The arbltraUon shall proceed In accordance with the provisions of the "Arbrltratlons Act (Ontario)". For The Corporation of the Municipality of Arran-Elderslle: :ï< ~&IUt/ ~ ~'7 ~h? Date ---- ~ ~ sh., Date For the London Central Ambulance Communications Centra ~~~ Manager ;?1,#y .t r~ Date 24 '"'<~"'1>