HomeMy WebLinkAbout07 371 Mutual Assistance (2007) Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 371
BEING A BY-LAW TO ENTER INTO A MUTUAL ASSISTANCE AGREEMENT
WITH THE COUNTY OF BRUCE MUNICIPALITIES
WHEREAS Section 13 (3) of the Emergency Management and Civil Protection
Act, R.S.O. 1990, c. E. 9 provides that the council of a municipality may make an
agreement with the council of any other municipality for the provision of any
personnel, service, equipment or material during a emergency;
AND WHEREAS Section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended provides that a municipality may enter into an agreement with one or
more municipalities to jointly provide for their joint benefit any matter which all of
them have the power to provide within their own boundaries;
AND WHEREAS Section 8 (1) and 9 of the said Municipal Act, provides 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 parties wish to provide for mutual aid and assistance to each
other through the provision of personnel, services, equipment or material to one of
the other during a declared Emergency within the meaning of the Emergency
Management and Civil Protection Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with the County of Bruce
Municipalities;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into a joint
agreement with The Corporation of the Municipality of Arran-Elderslie, The
Corporation of the Municipality of Brockton, The Corporation of the Municipality
of Northern Bruce Peninsula, The Corporation of the Municipality of South
Bruce, The Corporation of the Township of Huron-Kinloss, The Corporation of
the Town of Saugeen Shores, The Corporation of the Town of South Bruce
Peninsula, and The Corporation of the County of Bruce for mutual assistance
and aid in the provision of any personnel, service, equipment or material during
a declared Emergency.
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Mutual Assistance (2007) Agreement By-law
By-law No. 2007 - 371
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of
the Municipality of Kincardine, the joint agreement attached hereto as
Schedule "A".
3. That this by-law shall be subjecl to the approval of the attached Schedule "A"
by all parties.
4. This by-law shall come into full force and effect upon its final passage.
5. This by-law may be cited as the "Mutual Assistance (2007) Agreement By-law".
READ a FIRST and SECOND time this 19th day of December, 2007.
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READ a THIRD time and FINALLY PASSED this 19th day of December, 2007.
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THIS MUTUAL ASSISTANCE AGREEMENT made this I
day of, ;Vovewcber 2007
BETWEEN:
THE MUNICIPALITY OF ARRAN-ELDERSLIE
THE MUNICIPALITY OF BROCKTON
THE MUNICIPALITY OF KINCARDINE
THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
THE MUNICIPALITY OF SOUTH BRUCE
THE TOWNSHIP OF HURON-KINLOSS
THE TOWN OF SAUGEEN SHORES
THE TOWN OF SOUTH BRUCE PENINSULA
OF THE FIRST PART
--and--
THE COUNTY OF BRUCE
OF THE SECOND PART
WHEREAS the Emergency Management and Civil Protection Act, R.S. 0. 1990,
c. E. 9 provides that the Council of a municipality may make an agreement with
another municipality for the provision of any personnel, service, equipment or
material during a declared Emergency;
AND WHEREAS the parties wish to provide for mutual aid and Assistance to
each other through the provision of personnel, services, equipment or material to
one or the other during a declared Emergency within the meaning of the
Emergency Management and Civil Protection Act;
AND WHERAS the parties have Emergency Plans pursuant to the Emergency
Management and Civil Protection Act;
NOW THEREFORE in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Definitions
1.1 In this Agreement,
1.1.1 "Assisted Municipality" means the municipality receiving aid or
assistance pursuant to this Agreement;
1.1.2 "Assisting Municipality" means the municipality providing aid or
assistance pursuant to this Agreement;
1.1.3 .'Emergency", "Emergency Area" and "Emergency Plan" shall have the
same meanings as in the Emergency Management and Civil Protection
Act;
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1.1.4 "Mutual Assistance Agreement" means this Agreement and the attached
Schedule(s) which embody the entire Agreement between the parties;
1.1.5 "Requesting Party" means the municipality asking for aid and/or
assistance pursuant to this Agreement;
1.1.6 "Community Control Group" means the organisational entity responsible
for directing and controlling the Assisted Municipality's response to an
Emergency.
1.1.7 "Declared Emergency" means, the Municipality asking for aid and/or
assistance pursuant to this agreement has followed the proper
procedures in declaring an emergency and has exhausted all resources
in their own Municipality.
2. Role of the Minister
2.1 The parties acknowledge that pursuant to the Emergency Management and Civil
Protection Act (the "'Act"), the Minister of Community Safety and Correctional
Services for the Province of Ontario is responsible for the administration of the
Act and is the principal contact for all Emergencies.
2.2 The parties further agree that the Minister should be notified in writing of any
request made under this Agreement. The Requesting Party agrees to notify as
soon as reasonably practicable, Emergency Management Ontario (EMO),
Ministry of Community Safety and Correctional Services on the matter of any
request for assistance made under this Agreement.
3. Authorization to Request/Offer Assistance
3.1 Each party hereby authorizes its Chief Administrative Officer, or such other
senior officer of the party as the Chief Administrative Officer has designated
(hereinafter "CAO"), to request assistance, accept offers to provide, or to offer to
provide assistance pursuant to this Agreement on behalf of that party.
4. Requests for Assistance
4.1 The parties agree that in the event of a Declared Emergency, a Requesting Party
may request assistance in the form of qualified personnel, services, equipment, or
material from the other party(s).
4.2 The request for assistance shall be made by the CAO of the Requesting Party to
the CAO of the Assisting Municipality. The CAO may make the initial request
for assistance orally. However, any request for assistance made orally shall be
confirmed in writing by the Requesting Party within three (3) days of the initial
oral request. The Assisting Municipality may provide assistance to the other
party upon receipt of the oral request.
4.3 The request for assistance shall be confirmed in writing as soon as reasonably
practicable by the Requesting Party in accordance with Schedule "A" attached
hereto. The written request shall set out in detail the specific persormel, services,
equipment or material that has been requested as assistance, and which the
Assisting Municipality has agreed to provide. The Assisting Municipality may
request such additional information, as it considers necessary to confirm the
existence of a Declared Emergency and to assess the type" scope, nature and
amount of assistance to be provided.
4.4 The Assisting Municipality shall respond to the request within one (1) day, and
may in its sole discretion determine the type, scope, nature and amount of
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assistance it will provide. The Assisting Municipality shall confirm in writing the
assistance it has agreed to provide.
4.5 The parties may by mutual agreement alter the assistance to be provided to the
Assisted Municipality under this Agreement. Amendments to the scope, type,
nature or amount of assistance shaU be confirmed in writing by the Requesting
Party within three (3) days of being agreed upon.
5. Limitations on Assistance Provided
5.1 Nothing in this Agreement shall require or obligate or be construed to require or
obligate a party(s) to provide assistance. Each party shall retain the right to refuse
the request to provide assistance, and the right to offer options to the assistance
that has been requested.
5.2 No liability shall arise against the Assisting Municipality if it fails, for any reason
whatsoever, to respond to a request for assistance made under this Agreement.
5.3 When assistance has been offered or provided by the Assisting MWlicipality, the
Assisting Municipality shall not be obligated to provide any further assistance or
to do anything or take any action beyond that which is specifically agreed to by
the acceptance of the request for assistance.
5.4 Nothing in this Agreement shall prevent the Assisting Municipality, in its sole
discretion, from withdrawing any or all assistance provided to the Assisted
Municipality.
5.5 The Assisted Municipality may determine in its sole discretion that its
requirement for assistance has ceased and shall notifY the Assisting Municipality
of this in writing.
6. Term and Termination
6.1 This Agreement sball be in effect from Nov'vvche, i { 2007.
6.2 Despite any other section of this Agreement, either party may terminate this
Agreement upon at least sixty (60) days' written notice to the other party.
7. Costs
7.1 The parties agree that any and all costs for assistance are to be paid by the
Assisted Municipality~ The Assisted Municipality shall be responsible to pay for
any and all actual costs incurred for the assistance or by the Assisting
Municipality in providing the assistance. Such costs shall include wages, salaries,
and expenses incurred in providing the assistance provided said expenses are
reasonable in the circumstances relative to the need for assistance, but shall
exclude employment benefits.
7.2 The Assisted Municipality shall also be responsible for all actual operating costs
for all personnel, services, equipment, machinery or material furnished, including,
but not limited to, costs of fuel, repairs, parts and any and all other items directly
attributable to the operation of equipment and machinery, services and material
furnished as assistance to the Assisted MWlicipality under the Agreement. The
Assisted Municipality shall be responsible for the cost of replacing equipment or
material furnished by the Assisting Municipality if damaged beyond reasonable
repal! .
7.3 The Assisting Municipality shall provide to the Assisted Municipality, if practical,
an estimate of the cost of providing the assistance.
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7.4 The Assisting Municipality shall be responsible for wages, materials, fuel,
and damages to vehicles and people in the event of a declared emergency.
8. Payment
8.1 Payment by the Assisted Municipality for costs incurred for the assistance
provided, shall be subject to the Assisted Municipality's receipt of an invoice
from the Assisting Municipality. Such invoice shall set out in detail, to the
reasonable satisfaction of the CAD, the costs actually incurred by the Assisting
Municipality in providing assistance, and where practically available, receipts for
disbursements shall be forwarded in support of the invoice.
8.2 The Assisted Municipality shall remit payment of the amount owing for the
assistance provided within ninety (90) days of the termination of the Declared
Emergency or the receipt of the Assisting Municipality's invoice, whichever is
later.
8.3 Any amount remaining unpaid and outstanding after the ninety (90) day period
referred to in sub-section 8.2 of this Agreement shall bear interest at the rate
stipulated in the Assisting Municipality's invoice, which rate shall not exceed the
Bank of Canada bank rate at the date of the invoice plus two (2%) per cent per
annum until paid.
9. Employment Relationship
9.1 Despite the fact that the employees, contractors, servants and agents (collectively
"the workers") of the Assisting Municipality may be assigned to perform duties
for the Assisted Municipality, and that for the duration of the Emergency, the
Assisted Municipality shall reimburse the Assisting Municipality for the costs of
the wages, salaries and expenses of the workers, in all other respects the workers
of the Assisting Municipality retain their employment or contractual relationship
with the Assisting Municipality. The parties acknowledge and agree that the
Assisted Municipality is not to be deemed the employer of the Assisting
Municipality's employees, agents, or contractors or servants, under any
circumstances or for any purpose whatsoever. The Assisting Municipality shall
remain responsible for all statutorily required deductions, contributions and/or
payments, such as E.!. and C.P.P at the current established rate for the
Municipality.
10. Indemnity
10.1 The Assisted Municipality shall indemnify and save harmless the Assisting
Municipality from all claims, costs, all manner of action or actions, cause and
causes of action, duties, dues, accounts, covenants, contracts, demands or other
proceeding of every kind or nature whatsoever at law or in equity arising out of
the Agreement and out of the provision of any assistance pursuant to this
Agreement.
11. Insurance
11.1 During the term of this Agreement, each party shall obtain and maintain in full
force and effect, general liability insurance issued by an insurance company
licensed to carry on business in the Province of Ontario, providing for, without
limitation, coverage for personal and bodily injury, public liability and property
damage. Such policy shall:
11.1.1 have inclusive limits of not less than Five Million Dollars ($5,000,000) for
injury, loss or damage resulting from anyone occurrence;
11.1.2 contain a cross -liability clause endorsement of standard wording;
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11.1.3 name the other party as an additional insured with respect to any claim
arising out of the Assisted Municipality's obligations under this
Agreement or the Assisting Municipality's provision of personnel,
services, equipment or material pursuant to this Agreement;
11.2 The Assisting Municipality's and the Assisted Municipality's general liability
insurance, when called upon to respond to a claim on behalf of the respective
named insured municipality, shall each apply as primary insurance and not excess
to any other insurance available to the additional insured designated on the named
insured's policy
11.3 Upon the request of the other party, each party shall provide proof of
insurance in a form satisfactory to the requesting party's CAO or his or her
designate.
12. Liaison and Supervision
12.1 Assisting Municipality shall have the right, to be exercised in its sole discretion,
to assign an employee or agent (the "Liaison Officer") of the Assisting
Municipality to the Community Control Group of the Assisted Municipality. The
Liaison Officer shall provide a liaison between the Assisting Municipality and the
Community Control Group of the Assisted Municipality. The parties acknowledge
that the purpose of the Liaison Officer shall be to permit communication between
the Assisted and Assisting Municipalities. Subject to the Municipal Freedom of
Information and Protection of Privacy Act, the Liaison Officer shall be permitted
to inform the Assisting Municipality on the status of the declared Emergency and
the actions taken by the Assisted Municipality. The Liaison Officer shall have the
right to obtain information about the declared Emergency and the use of the
assistance provided in order to report to the Assisting Municipality during and
after the duration of the assistance provided and the Emergency. The Assisting
Municipality shall keep confidential and not disclose any information concerning
the emergency or the assistance provided without the prior consent of the Assisted
Municipality, except as may be legally required.
12.2 The Assisting Municipality shall assign its personnel to perform tasks as
directed by the Community Control Group of the Assisted Municipality. The
Assisting Municipality shall have the right to assign supervisory personnel to
operate or supervise the operation of any of the Assisting Municipality's
personnel and/or equipment furnished as assistance to the Assisted Municipality.
Such supervision shall be in accordance with the instructions of the Community
Control Group.
13. Information Sharing
13.1 If requested, each party shall respond to the other party's request for information
regarding specified types of personnel, services, equipment or material in the
possession of each party that may be used in the provision of assistance under this
Agreement. All such information shall be provided without any warranty of any
kind as to its accuracy, reliability, usefulness or other characteristics.
14. Food and Lodging
14.1 For the duration of the assistance provided under this Agreement, the Assisted
Municipality shall be responsible for providing all food, lodging and
accommodation required by the personnel furnished pursuant to this Agreement.
Where food and lodging cannot be provided in-kind, the Assisted Municipality
shall pay a reasonable per diem to personnel for any food and lodging purchased
by personnel of the Assisting Mllllicipality. The per diem shall be no less than the
Assisted Municipality pays to its own employees as a matter of policy or
agreement.
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15. Notice
15.1 If not otherwise provided in this Agreement, written notice given pursuant to this
Agreement must be addressed,
In the case of notice to the Municipality of Arran-E1derslie, to:
The Chief Administrative Officer
The Municipality of Arran-Elderslie
1925 Bruce Road # 1 0
Chesley, Ontario
NOG ILO
Fax: 519-363-2203
In the case of notice to the Municipality of Brockton, to:
The Chief Administrative Officer
The Municipality of Brockton
100 Scott Street
Walkerton ON NOG 2VO
Fax: 519-881-2991
In the case of notice to The Municipality of Kincardine, to:
The Chief Administrative Officer
The Municipality of Kincardine
R.R. #5
Kincardine, Ontario
N2Z 2X6
Fax: 519-396-8288
In the case of notice to the Municipality of Northern Bruce Peninsula, to:
The Chief Administrative Officer
R.R.#2
Lion's Read, Ontario
NOH IWO
Fax: 519-793-3823
In the case of notice to the Municipality of South Bruce, to:
The Administrator
The Municipality of South Bruce
21 Gordon Street
Teeswater, Ontario
NOG 2S0
Fax: 519-392-6266
In the case of notice to the Township of Rmon-Kinloss
The Administrator
21 Queen Street
Ripley, Ontario
NOG 2RO
Fax: 519-395-4107
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In the case of notice to the Town of Saugeen Shores, to:
The Chief Administrative Officer
P.O. Box 820
Port Elgin, Ontario
NOH 2CO
Fax: 519-832-2140
In the case of notice to the Town of South Bruce Peninsula
The Chief Administrative Officer
315 George Street
Wiarton, Ontario
NOH 2TO
Fax: 519-534-4862
-and-
in the case of notice to the County of Bruce, to:
The Chief Administrative Officer
The County of Bruce
30 Park Street, P.O Box 70
Walkerton ON NOG 2VO
Fax: 519-881-1619
15.2 If hand delivered, the notice is effective on the date of delivery; if faxed, the
notice is effective on the date and time the fax is sent; if sent by electronic mail,
the notice is effective on the date sent; and if mailed, the notice is deemed to be
effective on the fifth business day following the day of mailing.
15.3 Any notice given shall be sufficiently given if signed by the CAO or by a person
authorized by or acting under the direction or control of the CAO.
16. RIghts and Remedies
16.1 Nothing contained in this Agreement shall be construed as restricting or
preventing either party from relying on any right or remedy otherwise available to
it under this Agreement, at law or in equity in the event of any breach of this
Agreement.
17. Binding Effect
17.1 This agreement shall enure to the benefit of, and be binding upon the parties and
their respective successors, administrators and assigns.
17.2 This Agreement shall not be construed as or deemed to be an agreement for the
benefit of any third parties, and no third party shall have any right of action
arising in any way or manner under this Agreement for any cause whatsoever.
18. Incorporation of Schedules
18.1 This Agreement and the attached Schedule "A", embody the entire Agreement
and supersede any other understanding or agreement, collateral, oral or otherwise,
existing between the parties prior to or at the date of execution.
19. Other Agreements
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19.1 The parties hereto acknowledge and agree that if assistance is provided pursuant
to this Agreement, that this Agreement and its provisions shall take precedence
over any other mutual assistance agreements or mutual aid agreements in effect,
to which the Assisted Municipality or the Assisting Municipality may be a party.
19.2 The parties acknowledge that each party may bave its own local boards that
have emergency management or response capabilities or responsibilities or
both. Each party shall inform these local boards of the existence of this
Agreement and offer such local boards the opportunity to become party to this
Agreement.
20. Provisions Surviving Termination
20.1 Sections 5.2, 7, 8, 9,10,11,15,16,20,21 and 22 of this Agreement shall survIve
termination of this Agreement.
21. Governing Law
21.1 The parties agree to be governed by the laws of the Province of Ontario and
Canada.
22. Arbitration
22.1 The parties hereby agree that in the event of any dispute arising under or pursuant
to this Agreement, which dispute cannot be resolved by the mutual agreement of
the parties' C.A.O.'s, the C.A.O.'s shall refer the dispute to the respective Head of
Council of the parties for resolution. In the event that the Head of Council cannot
resolve the dispute, either party may, on providing ninety (90) days written notice
to the other, refer the dispute to a third party arbitrator of their mutual choice for
resolution. Such arbitration shall be conducted pursuant to the Arbitration Act,
1991, S.O. 1991 c. 17, as amended
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IN WITNESS WHEREOF the parties have executed this Agreement.
SIGNED SEALED AND
DELIVERED
In the presence of:
Witness
SIGNED SEALED AND
DELIVERED
In the presence of:
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Witness
SIGNED SEALED AND
DELIVERED
In the presence of:
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Witness ..
SIGNED SEALED AND
DELIVERED
In the presence of:
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Itness
THE MUNICIPALITY OF ARRAN-ELDERSLIE
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THE MUNICIPALITY OF BROCKTON
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THE MUNICIPALITY OF KINCARDINE
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THE MUNICIPALITY OF NORTHERN BRUCE
PENINSULA
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SIGNED SEALED AND
DELIVERED
In the presence of:
Witness
SIGNED SEALED AND
DELIVERED
In the presence of:
Witness
SIGNED SEALED AND
DELIVERED
In the presence of:
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SIGNED SEALED AND
DELIVERED
In the presence of:
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THE MUNICIPALITY OF SOUTH BRUCE
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THE TOWNSHIP OF HURON-KINLOSS
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THE TOWN OF SAUGEEN SHORES
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THE TOWN OF SOUTII BRUCE PENINSULA
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THE COUNTY OF BRUCE
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Witness
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SCHEDULE "A"
Mutual Assistance Agreement
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, Chief Administrative Officer/Designated
, duly authorized to do so by the
Official of
Council of
, do hereby request of
The Municipality of
, to
Provide assistance in the form of :
PERSONNEL
SERVICES
EQUIPMENT
MA TERlAL
AS IS MORE PARTICULARLY SET OUT IN DETAIL AS FOLLOWS:
The above confirms the assistance verbally requested on
and which assistance the Municipality of ha s agreed to provide.
Dated at this day of,
Chief Administrative Officer
Municipality of
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