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HomeMy WebLinkAbout09 146 Fire Protection Services Agreement (Saugeen Shores) By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT II SlJltITYDf'f,\~@ BY-LAW NO. 2009 -146 BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE CORPORATION OF THE TOWN OF SAUGEEN SHORES FOR THE PROVISION OF FIRE PROTECTION SERVICES WHEREAS Section 5 of the Fire Protection and Prevention Act, 1997, S.D. 1997, c.4 states that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; AND WHEREAS pursuant to the Municipal Act, S.D. 2001, c. 25, as amended, Sections 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Council of The Corporation of the Municipality of Kincardine, with the passage of By-law No. 2000-143, entered into a 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 establish and regulate a fire department and to provide for mutual aid; AND WHEREAS in accordance with the provisions of Clause 15 of the Joint Fire Agreement, The Corporation of the Town of Saugeen Shores has resolved, by Resolution No. 310-2007 dated December 10, 2007, to withdraw form the joint ownership agreement of the Paisley and District Fire Department, Joint Board of Management; AND WHEREAS The Corporation of the Town of Saugeen Shores is desirous of purchasing continued Fire Protection Services for a specified area of the said Town from the Paisley & District Fire Department Joint Board of Management; AND WHEREAS the Council of the Municipality of Kincardine deems it advisable to enter into an agreement with The Corporation of the Town of Saugeen Shores for the provisions of fire protection services, as outlined in the agreement attached hereto as Schedule 'A'; .../2 e e e e Page 2 Fire Protection Services Agreement (Saugeen Shores) By-law By-law No. 2009 - 146 NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine, in conjunction with The Corporation of the Municipality of Brockton and The Corporation of the Municipality of Arran-Elderslie enters into an agreement with The Corporation of the Town of Saugeen Shores for the provisions of fire protection services, as outlined in the attached Schedule 'A' to this by- law. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute by affixing their signatures and the corporate seal, on behalf of The Corporation of the Municipality of Kincardine, the agreement with The Corporation of the Town of Saugeen Shores. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Fire Protection Services Agreement (Saugeen Shores) By-law". READ a FIRST and SECOND TIME this yth day of October, 2009 Qt.flU9 Clerk READ a THIRD TIME and FINALLY PASSED this yth day of October, 2009. cl.2C- ~ ayor ~J2 ~OlloJ2X'\ l~h.jllJJ..-la Clerk ( ,< THIS AGREEMENT MADE this 1st day of January, 2009. BETWEEN the following, The Corporation of the Municipality of Arran-Elderslie, The Corporation of the Municipality of Brockton The Corporation of the Municipality of Kincardine, (hereinafter referred to as the "Board") and The Corporation of the Town of Saugeen Shores, hereinafter referred to as "Saugeen" For the consideration provided herein, the Board and Saugeen hereby agree as follows: 1. In this agreement, "911 calls" means those calls dispatched to Paisley for response under this service agreement, which may include fires, emergency rescues and medical emergencies "Act" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 "Arran-Elderslie" means the administrator for the Board "Chief Fire Official" is the Saugeen Fire Chief, who is ultimately responsible to Saugeen for the delivery of all fire protection services, in accordance with the Act "Fire area" means that part of the Town of Saugeen Shores as described in Section 1 and shown in Map 1, attached to and forming part of this agreement, "Fire Prevention" means to minimize, to put a stop to or to avoid the incidents of fires, by means of fire inspections and public fire safety education, "Fire protection services' means and includes activities defined in the Fire Protection and Prevention Act, 1997, more particularly described as: "including fire suppression, communications, training of persons involved in the provision of fire protection services, rescue and emergency services and delivery of all those services", "Fire services" means Paisley's responses to 911 calls for fires, emergency rescues and/or emergency medical calls in Saugeen as provided by this agreement, "Paisley" means the "Paisley & District Fire Department ", "Paisley Fire chief" means the Chief of the Paisley & District Fire Department, or designate "Saugeen Fire Chief" means the Fire Chief of the Town of Saugeen Shores or designate 2. Paisley will supply fire services to Saugeen in the fire area described as: "at a starting point of and including Lot Number One (1) Range A WSR, Saugeen Township following northerly along the boundary line between Saugeen and Elderslie Townships and the centerline of Bruce County Road Three (3) to and including Lot Eighteen (18) Range A WSR, thence westerly following the centerline of The River Road to the Saugeen River. Following the centerline of the Saugeen River to Lot Number Thirty-Four (34), Concession Two (2) then westerly to and including Lot Number Thirty-One (31), Concession Two (2). Following southerly along the lot line between Lots Number Thirty-One (31) and Thirty (30), Concession Two (2) thence westerly to and including Lot Number Twenty-Nine (29) Concession One (1), thence southerly to the centerline of the Bruce-Saugeen Townline. Following easterly along center line of the Bruce Saugeen Townline and the center boundary line between the Town of Saugeen Shores (formerly Saugeen Township) and the Municipalities of Kincardine (formerly the Township of Bruce) and Brockton (formerly Township of Greenock) to and including Lot One (1) Range A WSR, Town of Saugeen Shores (formerly Saugeen Township)", as shown on Map 1, attached hereto and forming a part of this agreement; . 3. Paisley will respond to all 911 calls in the fire area with sufficient fire apparatus and personnel. 4. Notwithstanding Section 3 above, the Paisley Fire Chief may summon assistance from the Saugeen Fire Chief or may invoke the Bruce County Mutual Aid Plan if Paisley's personnel, apparatus, or equipment are required by Paisley elsewhere. 5. Paisley Fire Chief shall have full authority and control over any and all fire services activities in which Paisley may be engaged in the fire area. 6. Paisley Fire Chief shall report quarterly, in writing, to Saugeen all occurrences in the fire area to which Paisley has responded in the previous three months. 7. Paisley shall receive all funds recovered for occurrences at which Paisley attends in the fire area as provided in Schedule A to this agreement. 8. Saugeen agrees to identify all streets and roads in the fire area by having them clearly marked at all intersections. 9. Saugeen shall be responsible for establishing and notifying its residents and occupants of the fire area, in the manner and to the extent Saugeen deems necessary, of the procedures for reporting an emergency and of the services to be provided by Paisley. 10. Under the Act, Saugeen is responsible for all fire protection services within its jurisdiction, including the fire area, wherein Paisley is contracted to provide fire services and response to 911 calls only as provided by this agreement. 11. For the provision of fire services and response to 911 calls in the fire area, Paisley shall be paid as outlined in Schedule B to this agreement. Idem: Notwithstanding the provisions of Sections 7 and 11, Saugeen opens this agreement with a credit of THIRTEEN THOUSAND SEVEN HUNDRED NINETY-NINE DOLLARS ($13,799) for its exit share of the depreciated assets of the Board as provided in the Joint Fire Agreement. Said credit shall be exhausted before Saugeen is required to make payments for the fire services provided herein. 12. Saugeen shall indemnify and save harmless the Board from all actions, causes of action, damages or claims arising out of the performance or non- performance of the fire services and response to 911 calls provided for in this agreement, except in the case of wilful neglect of duty, or intentional damages caused. 13. The Board shall indemnify and saVe Saugeen harmless from all actions, causes of action, damages or claims sustained by personnel, apparatus, or equipment of Paisley while engaged in the provision of fire services and response to 911 calls in the fire area. 14. The parties agree that this agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendment(s) gives the other party a minimum of thirty (30) days written notice of the proposed amendment(s). 15. So often as there may be any dispute between the parties to this agreement, including, but not limited to the interpretation of this agreement, the same shall be submitted to arbitration under the provisions of the Municipal Arbitrations Act, and the decision rendered in respect of such proceedings shall be final and binding upon the parties to this agreement. If for any reason the said arbitration cannot be conducted pursuant to the provisions of the Municipal Arbitrations Act, the parties hereto shall agree to the selection of a single arbitrator, and in the absence of agreement, such arbitrator shall be appointed by a judge of the Supreme Court of Ontario pursuant to the provisions of the Arbitrations Act or any successor legislation. 16. In the event that any covenant, provision or term of this 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 remainder of this agreement which shall remain in full force and effect mutatis mutandis. 17. This agreement shall be in force for a period of five (5) years and thereafter it shall be automatically renewed from year to year unless in any year either party gives notice to the other party, as set out in Section 18 hereof. 18. If Saugeen or the Board wishes to end this agreement, said Party may do so provided that one (1) year written notice is given to the other Party. 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. IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers. PAISLEY & DISTRICT FIRE DEPARTMENT JOINT BOARD OF MANAGEMENT: of Arran-Elderslie :::;~ Municipality of Kincardine ....-...-- --c~'- 6~~~A CLERK Q,A() For the Corporation of the Town of Saugeen Shores ~<- MAroR ~ ~y~ Deputy Clerk I- z ill ::E: ill ill c:C l.9 <( (j) ill U ...... > c:C ill (j) ill c:C ...... u.. (j) ill c:C o I (j) Z ill ill l.9 ~ <( (j) <( ill --l ~ o ill I U (j) .,. Z~~.' r ~ ~ ~ ~ ~ ~ m lti a::: "'" ~ a::: oq: 11.1 ~ I&.: 13R\J~ \1.ol'P 3 ';I. ~ It .- ... 0- <( :::E w ~ m :;; o o Q o o o '" o o o. , , SCHEDULE B - SERVICE FEES 1. All fees payable to Paisley, for fire services and 911 calls, by Saugeen, shall be calculated as follows: a) Saugeen shall pay an annual service fee retainer based on the number of property roll numbers in the fire area multiplied by a flat rate of $100.00; b) The flat rate in 1.a) shall be inflated annually by the Ontario Consumer Price Index rate of inflation for each successive year of this agreement; c) Saugeen shall, on or before March 31st in any year, provide Paisley with the number of roll numbers in the fire area; d) On behalf of Paisley, Arran-Elderslie shall invoice Saugeen, on or before May 31 st in any year, for half the annual fee determined in 1.a) and 1.b); e) Saugeen shall, on or before June30th in any year, pay Paisley, through Arran-Elderslie, the amount invoiced in 1.d); f) On behalf of Paisley, Arran-Elderslie shall invoice Saugeen, on or before November 30th, in any year, for the remainder of the annual fee determined in 1.a) and 1.b); g) In addition to the annual service fee retainer, Saugeen shall pay the Board, through Arran-Elderslie, for each actual fire services call to which Paisley has responded in the year, invoiced on a quarterly basis by Arran-Elderslie and paid thereafter within 30 days by Saugeen at the hourly rate recognized, from time to time, by the Ontario Ministry of Transportation for fire department response calls on King's Highways, for each vehicle responding to the said fire services call(s)."