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HomeMy WebLinkAboutKIN 89 117 Joint Fire Protect THE CORPORATION OF THE TOWN OF KINCARDINE ~ kj!fC'.. ~ .~ " . BY-LAW BY-LAW NO.1989 - 117 JOINT FIRE PROTECTION AGREEMENT BY-LAW WHEREAS The Council for The Corporation of the Town of Kincardine deems it advisable to amend the agreement with The Corporation of The Township of Kincardine concerning a joint fire protection agreement. NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1.0 The mayor and clerk are hereby authorized to sign, on behalf of the Corporation of the Town of Kincardine the attached agreement with The Corporation of The Township of Kincardine concerning joint fire protection. 2.0 This By-law shall be known as the "Joint Fire Protection Agreement By-law". 3.0 That By-law 1989-65 passed on the 20th day of November, 1989 be and the same is hereby repeated. 4.0 This by-law shall come into full force and effect upon its final passage. READ a FIRST and SECOND time this 7th day of 'Î , , READ a 1989. time and FINALLY PASSED this 7th day of .December, e , C - -, . THIS AGREEMENT made this /8 day of December , 1989 . BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called the "Town" ) AS PARTY OF THE FIRST PART - AND - THE CORPORATION OF THE TOWNSHIP OF KINCARDINE (hereinafter called the "Township" ) AS PARTY OF THE SECOND PART WHEREAS in past years the Town has supplied Fire Fighting and Emergency Services to the Township by a formal Fire Agreement ; AND WHEREAS Section 208 ( 5 ) of The Municipal Act, R.S.O. 1980 , Chapter 302 , as amended , allows for the entering into of an' agreement by one or more municipalities to provide for the joint management and operation of the Fire Department and for the establishment of a Joint Board of Management ; AND WHEREAS the parties hereto have agreed to mutually share the services hereinafter described in connection with the maintenance and operation of the fire department known as "The Kincardine Fire Department" available at all times for the purpose of fire protection in the area defined in this Agreement ; NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants and promises herein contained , the parties agree as follows : 1 . (a ) Fire protection for the purposes of the Agreement shall mean prevention, rescue and suppression services . 2 . (a) The Joint Board of Management (hereinafter called "the Board" ) for the Kincardine Fire Department shall be created . (b) The Board shall be composed of three members of Council from the Town and two members of Council from the Township. The mayor of the Town and the reeve of the Township shall be ex-officio members of the Board . (c) The Board shall appoint a Chair from among the members of the Board for a one-year term and such appointment shall alternate between the Town and the Township. (d ) The Board shall hold monthly meetings in addition to any additional meetings deemed necessary or at the request of the Fire Chief . Special meetings may be called by the Chair or on a petition by the majority of the Board . (e ) Minutes of all Board meetings shall be recorded and kept by a person appointed by the Board and shall be forwarded to the Town and the Township. ( f ) The Fire Chief or his designate shall attend all meetings . • -2- (g ) Any vacancy on the Board shall be filled within thirty days by an appointment from the Council of the Municipality in which the vacancy was created . (h) Save and except as otherwise agreed in the Agreement, all decisions of the Board shall be made by a decision of the majority of the members with the Chair being allowed to vote on all matters . All decisions shall be made by written motion. The Chair shall preside at all meetings of the Board and affairs of the Board . Each member shall have one vote. ( i ) A quorum shall consist of two representatives of the Town of Kincardine and one representative of the Township of Kincardine . 3 . (a) The Board shall be responsible for the preparation of legislative by-laws governing the rules , regulations and administrative duties of the Kincardine Fire Department and the Joint Board of Management for presentation to both councils for consideration and approval and such rules shall be approved by both municipalities before becoming effective . Within the scope of such legislative by-laws the Board may formulate policies , rules and regulations relating to the day to day administration of the Kincardine Fire Department and the Board . (b) The Kincardine Fire Department shall be under the general control , supervision and direction of the Kincardine Fire Department Joint Board of Management and the said Fire Department and Board are to be empowered by a by-law of each of the parties to carry out all duties and obligations assigned to each party under this agreement. (c) The Board shall provide adequate facility and apparatus to operate the Fire Department within the approved operating and capital budgets . (d) The Board shall authorize the Fire Chief to purchase the necessary equipment and supplies to keep the apparatus and equipment in proper operating condition within the approved operating and capital budgets . (e ) In the event of an unforseen situation requiring immediate repairs and/or replacement of emergency equipment, the Board Chair may authorize the Fire Chief to undertake such repairs and/or replacement. 4 . (a) The Board shall be responsible to provide fire protection services through the Kincardine Fire Department to the area described in Schedule "A" attached hereto and forming part of this Agreement. 5 . (a) The Board shall prepare an annual budget both operating and capital, and five year capital proposals for presentation to the treasurers of both the Town and the Township no later than the 30th day of November in each year . (b) The Town will be responsible for all treasury functions for the Kincardine Fire Department including receipt and disbursement of funds and preparation of an annual financial statement . Monthly financial statements shall be provided to the Fire Chief . -3- (c) Each of the parties to this Agreement agrees to pay towards the operating and capital budgets of the Kincardine Fire Department its percentage share on an annual basis . (d ) The percentage share of each of the parties shall be determined annually by adding together the total equalized realty assessment (which shall include residential , farm, commercial , industrial , exempt lands and buildings ) of the areas to be protected in each municipality as described in Schedule "A" hereto and the percentage share of each municipality shall be the percentage its individual equalized realty assessment bears to the total equalized realty assessments of both the parties . (e ) For the purpose of the Agreement, the market value of realty assessment of the parties in each year shall be those assessments as determined by the Minister of Revenue of the Province of Ontario as at the 31st of March in each year and the percentage share of each of the parties hereto shall be revised annually in accordance therewith. ( f ) The Treasurer of the Town shall no later than the 15th day of February of the current calendar year submit to the parties to this Agreement a non-audited statement of revenue and expenditure for the Fire Department for the previous year showing any projected surplus or deficit. 6. (a) The annual total budget of the Kincardine Fire Department shall include all revenues and expenses anticipated for the year for the said Fire Department . The operating budget shall take into account any surplus or deficit from the preceding year ' s operation of the Fire Department, negotiated wage and benefit packages and all other costs and revenues of the said Department. (b) The budget proposal shall be presented to each participating party prior to the end of January for consideration and approval by Council thereof . (c) In the event that the parties are unable to agree on the budget, such disagreement shall be submitted to arbitration under the laws of the Province of Ontario, and the parties jointly and severally agree to be bound by such award and that no appeal shall be taken therefrom. Upon notice of arbitration being delivered by one party to the other, the party delivering such notice shall designate an arbitrator and the other party shall, within ten ( 10 ) days thereafter , likewise designate an arbitrator . The two arbitrators so chosen shall appoint a third arbitrator who shall act as chairman and any award concurred to by a majority of the arbitrators shall be binding upon the parties . Should either of the parties fail to select an arbitrator , or should the arbitrators selected by both parties be unable to agree upon a third arbitrator , then the said arbitrator or arbitrators , as the case may be , shall be designated and appointed in a manner provided by the Arbitration Act (Ontario) . (d) For purposes of this section, operating costs shall deem to be the total Fire Department budget, but shall not include hydrant rentals paid to the Kincardine Public Utilities Commission. -4- 7 . The Township will pay its percentage share to the Town in equal quarterly installments from the 15th day of March, June, September and December . If the budget is not adopted by March 15th, one quarter of the previous year ' s payments would be due on that date with any necessary adjustments to be made on the June installment. 8 . The parties shall give such authority as may be necessary to the members of the Kincardine Fire Department within the area `-- as set out in Schedule "A" , in all matters related to fire prevention, fire regulations , fire extinguishment and rescue including such matters as traffic regulation and crowd control during the active performance of their duties . 9 . The parties shall save harmless and keep indemnified all members of the Kincardine Fire Department, from all actions , causes of action, damages and claims arising out of the performance or non-performance of the services provided for herein except in the case of gross negligence. 10 . The Town shall ensure that adequate insurance policies are obtained to protect the assets in the care, custody and control of the Board and protecting the Board and the parties hereto against legal liability resulting from the activities of the Board and the operations of the Kincardine Fire Department. All policies of insurance shall include the parties to this Agreement as additional named insureds as their interests may appear . ' 11 . The parties acknowledge and agree as follows : (a ) The present inventory and value of equipment as outlined in Schedule "B" attached hereto is the property of• the Town of Kincardine . (b) The present inventory and value of equipment as outlined in Schedule "C" attached hereto is the property of the Township of Kincardine ; (c) Any proceeds from the disposition of equipment outlined in Schedule "B" and "C" shall be the property of the Town and Township respectively. (d ) Any equipment which may be purchased from time to time by the Kincardine Fire Department shall be purchased by both parties as joint owners . Any proceeds realized from the sale of any equipment during the currency of this Agreement shall be jointly owned by the parties and shall be used for the purposes of the Fire Department. Any surplus arising from the sale of such equipment shall be distributed between the parties based on the percentage paid by each party at the time of purchase. 12 . (a) This Agreement shall come into full force and shall be binding on the parties effective January 1 , 1989 ; (b) This agreement shall remain in force until termination by either party. 13 . (a ) Either party may terminate this Agreement by delivering written Notice of Termination to the clerk of the other municipality during regular municipal business hours . The municipality delivering such notice shall be referred to as the terminating municipality. -5- (b) Such notice of termination will be deemed to be effective on the 31st day of December in the year following which it is delivered . (c) The parties further agree that neither party shall have the right to terminate this Agreement prior to December 31 , 1992 . (d ) In the event that this Agreement is terminated , the Town and Township will jointly appoint an independent appraiser who will assess the assets of the Fire Department. All property of the Township which is listed in Schedule "C" and remains at the date of termination shall be returned to the Township. The Town would reimburse the Township for its share of the assessed value of the depreciated inventory, buildings and equipment purchased during the currency of this Agreement and determined at the time of termination. 14 . It is agreed that any previous Agreements or representations between the parties either written or verbal with respect to Fire Protection Services shall no longer be binding and this Agreement shall contain all of the terms and conditions between the parties for the operation of the Kincardine Fire Department. 15 . The parties agree that this Agreement shall be amended only by further agreement in writing and authorized by by-law and passed by the Council of each of the parties . 16 . In the event that any covenant , provision or term ofthis Agreement should at any time be held by any competent Tribunal to be void or unenforceable , then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the Agreement and the remainder shall continue in full force and effect mutatis mutandis . 17 . All parties hereto agree irrevocably to attorn to the Courts in the Province of Ontario and agree that any disparity 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 that material time. • -6- IN WITNESS WHEREOF the said Corporations have hereunto affixed their Corporate seals duly attested by the hands of their proper officers . THIS 7th day of ) THE CORPORATION OF THE ) TOWN OF KINCARDINE December , 1989 ) ) 4.7Reeve r k �-- THE CORPORATION OF THE TOWNSHIP OF KINCARDINE 111 Reeve //11 C1 k . . SCHEDULE "A" The Kincardine Fire Department shall cover all of the Town of Kincardine and that part of the Township bounded as follows: On the East by the Easterly boundary of Kincardine Township, On the South by the Southerly boundary of Kincardine Township, On the North by the Northerly boundary of Concession Five and including Lot 36, Concession "A", Kincardine Township, On the West by Lake Huron. . . SCHEDULE "B" EQUIPMENT LIST Town of Kincardine OFFICE & MEETING ROOM 1 - Typewriter serial number 73304081 1 - Adding machine serial number 40519444 3 - Desks 1 - Filing cabinet 1 - Computer system 1 - Computer desk 26 - Chairs 1 - TV serial number G61100641 1 - VCR serial number E74650 1 - Stove 2 - Fridges 1 - Base station 1 - Rescie Annie 1 - Rescie Baby 1 - Dehumidifier serial number 8802138176 1 - Firesoft computer program serial number 66K5018 1 - Smoke simulater serial number 47828 FIRE HALL 1 - Air compressor for filling air cylinders serial number 8701 800 ft. 2 1/2 in. hose 300 ft. 1 1/2 in. hose PUMPER # 1 1979 Ford Thibault 840 gpm pumper 500 gallon water tank 1 - Motorola Maxar 80 1 - 20 lb. dry chemical fire extinguisher serial no. D862553 4 - Scot air packs # 3 - serial no. 08304236 # 4 - serial no. 67302874 # 5 - serial no. 97-804554 # 2 - serial no. 46413 1 - 4 ft. pry bar 4 - hi-vol wrenches c/w bracket 4 - hose wrenches c/w bracket 2 - hand rescue pumps # CJ40DDF 1 - small spreader 1 - large spreader 1 - K12 rescue sas serial no. 340401 1 - PF rescue kit 1 - 2 gal. gas can 1 - hose clamp 1 - hand pump water extinguisher 1 - reel nylon rope 1 - 100 ft. heavy duty extension cord 1 - 10 ft. pike pole 1 - roof ladder 14 ft. serial no. 1768 peirre Thibault 1 - extension ladder 24 ft. serial no. 1620 pierre Thibault 2 - 2 1/2 in. nozzles c/w brackets 3 - 1 1/2 in. nozzles 1 - hydrant gate # 285 1 - foam nozzle 1 - 1 1/2 in. specialty nozzle 5 - 20 1. pails of Alcoseal 1 - foam generator 2 - axes 1 - 1 1/2 in. foam inductor 4 - air bottles . . -2- PUMPER # 1 cont.'d 1 - resuscitator 1 - hose patcher 9 - hose straps 7 - hose wrenches 1 - Briggs & Stratton generator serial no. 0135 4 h.p. 2 - spot lights 2 - 50 ft. extension cords 1 - 750 g.p.m. deluge nozzle black widow 1 - 10 ft. attic ladder 2 - 5 in. hard suction 10 ft. length, c/w screen 1 - 1 1/2 in. gated wye 1 - straight bore nozzle with stacking tips 1 - rubber mallet 1 - in-line pressure gauge 1 - double male connector 1 - double female connector 1 - 15 lb. co2 fire extinguisher serial no. 82200C 1 - ladder guard 2 - hydrant wrenches 1 - hydrant gate HOSE 500 ft. 4 in. hi-vol. hose 1,400 ft. 2 1/2 in. hose 600 ft. 1 1/2 in. hose UNIT # 2 1988 Ford Hub 840 gpm Pumper 500 gallon water tank CAB 1 - female receptacle 2 - 20 in. air line adapters (Interspiro) 1 - southern VP SA 400 - Carlson Manufacturing Company - serial no. 63-107996 1 - Divo first aid kit 2 - Eveready halogen lantern 3 - emergency response guides (Canutec) 1 - Motorola truck radio - Mocom 70 1 - Hand held flashlight halogen RIGHT STEP 1 - stacking nozzle 1 - Akron P Q Imperial nozzle 2 1/2 in. 1 - Akron turbo Jet nozzle 2 1/2 in. 1 - Akron brass gated Y - 2 1/2 in. x 1 1/2 in. x 1 1/2 in. 2 - double male couplings 2 - double female couplings 1 - Model 430 channel lock 2 - rubber mallets PASSENGER SIDE COMPARTMENTS 2 - 100 ft. bluewater life rope 1 - door spreader - smoke ejector - Ziamatic Corp. 1 - 500 gpm blackwidow deluge nozzle - Akron 1 - super vac exhaust fan Model # P164SE 1/3 h.p. 1 - extension cord adapter 1 - 50ft. extension cord 1 - tarp 12' x 16' -3- UNIT # 2 cont.'d . 1 - 4L anti freeze 1 - 4L 15w40 motor oil 1 - hydrant wrench 1 - 1/2 in. hand line manilla 36 ft. 1 - 1/4 in. cotton line 50 ft. 1 - male & female end cap 2 1/2 in. female valve stem 1 - water curtain nozzle 1 - Waku ladder lock 6 - 4 x 4 blocking 2 - 6 x 6 blocking 1 - 12 ft. x 12 ft. tarp 1 - air bottle case with 4 air bottles 1 - fender crib 1 - 14 ft. roof ladder Alco-lite serial no. 104154 1 - 24 ft. extension ladder Alco-lite serial no. 111700 2 - ABC 20 lb. fire extinguishers pyrenn serial no. K360655C & K136260C BACK COMPARTMENT 1 - air gun & air wrench serial no. 2545 (gray) 81593847 - CP 710 zip gun 1 - 11 piece socket drive 1 - 50 ft. air hose 1 - Bahco hand cutter serial no. 211 1 - shovel 1 - hazmat rake 1 - Hydra spreader # 7110 1 - 36 in. crowbar 1 - box banner guard 2 - axes 1 - 10 ft. attic ladder 2 - 1 1/2 in. Akron nozzles 2 - 5 in. hard suction 2 - 2 1/2 in. hard suction 1 - 2 1/2 in. strainer 2 - hydrant wrench 1 - hydrant gate 2 - long comealong chains 1 - short comealong chain 2 - pair asbestos gloves 1 - asbestos blanket 6' x 6' 1 - floor runner 3' x 10' 3 - water extinguisher serial no. 977125C, A265515C, n/a York & Badger 2 - safety goggles 3 - Asbestos mitts 2 - 5 gal pails 1 - 6 x 9 mirror 1 - ash dump shovel 2 - cleaning chain with silver bullet RIGHT SIDE COMPARTMENTS . 2 - 500 watt 60 A Lights Quartz 1 - Scott Air pack serial no. 57-40 2747 pack 6 1 - Akron hose clamp 1 - 36 in. aluminum shovel 1 - syphon 1 1/2" 2 - bag hi point peat 3 - 13L Oclansbord 1 - port-a-pump 9 h.p. serial no. 50185 1 - 7' pike pole 1 - 9' pike pole 6 - Akron hose wrench style 10 4 - high volume wrench 1 - 5' pry bar 13 - hose wrenches -4- UNIT # 2 cont.'d . 1 - Motorola external speaker & head set & mike 2 - Akron imperial 1 1/2" nozzle constant gallonage 2 - stable brooms 1 - large plastic funnel 5 - steel fire brooms 1 - 4' pike pole 1 - Scott air pack i 4 serial no. 46291 3 - 5 gal. foam chieftain VHX 2 - Interspiro Air pak A & B UNDER JUMP SEAT 1 - 36" plastic shovel 24 - garbage bags 1 - oil pig sausage HOSE BEDS 200 ft. high volume hose 4" 1,400 ft. 2 1/2" hose 600 ft. 1 1/2" hose RESCUE VAN Serial No. 1GDJP32MXC3503518 1982 GMC CURB SIDE 4 - Portable Radio with charger serial no. 231ADGo890 231ADGo891 U101BA 231ADGo689 . 1 - Mobil radio serial no. 2054A6 5 - flash lights 2 - lanterns * 1 - Penta x camera serial no. 6633116 1 - booster cable 1 - head light 1 - 3/8 socket set (metric and standard) 6 - pairs wool socks 1 - first aid kit 1 - oxygen ventilator 2 - oxygen bottles 1 - leg splint 2 - Scott air packs 2.2 serial no. 5830800, 5820871 2 - 100 ft. supply air lines 1 - siren serial no. 2E17317SB 2 - 10 lb. dry chemical extinguishers serial no. 45165, 342346 12 - air bottles for air packs 4 - body blankets 2 - portable stretchers 2 - wooden stretchers 1 - wooden backboard 2 - red wool blankets 18 - wooden splints 1 - 2 ft. black board 1 - tool box 1 - set asbestos gloves 2 - set firemans' gloves 1 - Bacho heavy hydraulic cutter serial no. 439 * 1 - Bacho heavy hydraulic spreader serial no. 315* 3 - tarps 12' x 12' 1 - Detroit door opener 1 - Bacho pump serial no. 92902538801 - 86080802* 1 - hose reel c/w 100 ft. of hose* - 75' of air hose 1 - Bacho carry all* --''''"- . . -5- RESCUE VAN cont.'d 1 - fender crib 2 - step blocking 1 - pack 4x4 blocking 1 - pack 2/4 blocking 1 - box fire line tape 1 - Bacho manual pump serial no. 8481* 1 - Bacho ram serial no. 139* 1 - 5 gal. gas can 1 - 2 gal. gas can 1 - asbestos tarp 6 - orange road pylons* 1 - 50ft. extension cord 2 - 100 ft. extension cords 2 - firefighters helmets 1 - set 5 bags high pressure air bags 1 - set 2 bags low pressure air bags* 1 - smoke fan serial no. Pu18 1 - smoke ejector holder serial SEH2 2 - 100' rescue rope 1 - red battery flasher 1 - air bag regulator control kit 1 - wet vac serial no. 41044 1 - Ridget come along model 584 2 - 6' pike poles 2 - 500 watt light c/w stands* 2 - hard hats 2 - 300 cu. ft. breathing air cylinders 2 - air regulators 3 - pro asbestos gloves1 - bolt cutters 1 - tool box, spreader chain, shakes cutting tips, ram extension* 1 - Waku ladder 1 - 5 ft. step ladder 2 - Haz-Mat suits* 1 - Honda generator serial no. GX1401757127* 2 - 25 ft. logging chains 1 - 250 mm. spanning wrench 1 - 50 ft. trouble light 1 - staple gun model JT21 1 - Merritt tape gun 22001 1 - 1/2 socket set 24 pieces 1 - 3/8 - 1 in. wrench set (gray) 1 - 1 1/8" gray wrench 12 - assorted screw drivers 1 - crimping tool 1 - 100 ft. tape measure steel 1 - 50 ft. tape measure steel 1 - bottle opener 1 - fillet knife 3 - utility knife 1 - 3/8" socket set, 24 piece 1 - 6" vice grip 1 - 6" water pump plier 1 - tin snip 2 - hammer 2 - allen key set standard & metric 4 - metric wrenches 1 - battery post cleaner 1 - file 2 - roll electric tape 1 - roll packing tape 1 - spark plug wrench 1 - stable broom 1 - paratech pry bar 1 - 4lb. hammer 1 - bail hook 1 - key hole saw 4 - 24" pry bars 2 - tool boxes . . -6- RESCUE VAN cont.'d 2 - air chucks 1 - blow gun 2 - air flow regulators 4 - air bottles 100 ft. rubber air hose c/w ends 1 - Jason binoculars* 1 - pair safety goggles 2 - seat belt cutters 1 - master padlock # 3 with key 2 - sets safety harness* 1 - Haz-Mat repair kit * Bruce County Rescue Support System equipment . . . SCHEDULE "C" EQUIPMENT LIST Township of Kincardine KINCARDINE TOWNSHIP TANKER 1973 International Loadstar 1700 1,200 Gallon Tanker 1 - 2 way Motorola radio serial no. T053A6 2 - Eveready lanterns 1 - Energizer flashlight 1 - first aid kit 2 - 2 1/2" gated wye 2 - hydrant wrenches 3 - hose wrenches 2 - 1 1/2" straight bore nozzles 1 - 2 1/2" combination nozzles 1 - 2 1/2" cual fog nozzle 3 - portable pumps 1166 - G, 1149, n/a 1 - 20 dry chemical extinguisher serial no. 250524 4 - 10ft. 2 1/2" hard suction 1 - 2 1/2" suction screen 2 - 2 1/2" suction floats 1 - 5 gal. gas tank & funnel 1 - 8' pike pole 1 - haymow probe 1 - hose clamp 1 - dump shoot 3 - square shovels 2 - 1,000 gal. port-o-tanks 1 - 24 ft. extension ladder 1 - 35 ft. extension ladder 1 - port-o-tank to suction 2 - tanker loading pipes 1 - 1 1/2" combination nozzle 2 - hose hangers 500 ft. of 1 1/2" hose 300 ft. of 2 1/12" hose