HomeMy WebLinkAbout10 118 Paisley & District Fire Board Automatic Aid Agreement THE CORPORATION OF THE MUNNICIPALITY OF KINCARDINE
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BY-.LAW
NO. 2010 -118
BEING A BY -LAW TO ENTER INTO AN AUTOMATIC AID AGREEMENT WITH
THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE IN
CONSIDERATION OF FIRE PROTECTION SERVICES
(Paisley and District Fire Department)
WHEREAS Section 2 (6) of the Fire Protection and Prevention Act, 1997, S.O.,
1997, c.4 provides that a municipality may enter into an automatic aid agreement
to provide or receive the initial or supplemental response to fires, rescues and
• emergencies;
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 or local bodies to jointly provide for their joint benefit, any
matter which all of them have the power to provide within their own boundaries;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Municipality of Arran - Elderslie operates fore protection
services and manages assets suitable to meet municipal responsibilities required
by the Fire Protection and Prevention Act, through a fire department situated with
• the aforementioned Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an automatic aid agreement with The
Corporation of the Municipality of Arran - Elderslie in consideration of fire
protection services as outlined in the agreement attached hereto as Schedule `A';
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 an
automatic aid agreement with The Corporation of the Municipality of
Arran - Elderslie in consideration of fire protection services as outlined in
the agreement attached hereto as Schedule "A ".
... /2
Page 2
Paisley & District Fire Board Automatic Aid Agreement By -law
By -law No. 2010 - 118
2. That the Mayor and Chief Administrative Officer be authorized and
• directed to sign and execute, on behalf of The Corporation of the
Municipality of Kincardine, the automatic aid agreement with The
Corporation of the Municipality of Arran - Elderslie, attached hereto as
Schedule "A" and forming part of this By -law and to affix the corporate
seal.
3. This by law shall come into full force and effect upon its final passage.
4. This by -law may be cited as the "Paisley & District Fire Board Automatic
Aid Agreement By -law ".
READ a FIRST and SECOND TIME this 8 day of September, 2010.
1
111 A L L" tAt ' MOP' , _ ayor Clerk 1
• READ a THIRD TIME and FINALLY PASSED this day of DC{ober , 2010. stwAASIIIILe
y Clerk
•
•
Paisley and District Fire Department Automatic Aid Agreement
PAISLEY AND DISTRICT FIRE DEPARTMENT AUTOMATIC AID AGREEMENT
This agreement made this day of
THE CORPORATION OF THE Municipality of Arran - Elderslie
and
THE CORPORATION(s) OF THE Municipality of Kincardine
WHEREAS Section 2. (6) of the Fire Protection. and Prevention Act, Chapter 4, Statutes of Ontario, 1997,
authorizes a municipality to enter automatic aid agreements with other municipalities to provide and /or
receive fire protection services;
AND WHEREAS the Municipality of Arran-Elderslie operates fire protection services and manages assets
suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a
fire department situated within the Municipality of Arran - Elderslie;
AND WHEREAS the Municipality of Arran - Elderslie is prepared to make available fire protection services
to the Municipality of Kincardine, and the Municipality of Arran - Elderslie is, agreeable and requests of the
Municipality of Kincardine to provide fire protection services to a defined area of the Municipality of
Kincardine;
NOW THEREFORE, in consideration of the mutual covenants, conditions, considerations and payments
herein contained, the Municipality of Arran - Elderslie and the Municipality of Kincardine mutually agree as
follows:
1. In this Agreement, unless the context otherwise requires,
a) "Automatic Aid" means the two closest fire stations being dispatched
simultaneously or as close to simultaneously as possible. Paisley and District
Fire Department and Municipality of Kincardine Fire. Department, Tiverton Fire
Station shall be dispatched simultaneously to all emergencies, as described in
Schedule "C" requiring fire protection services to the area described in
Schedule "A ".
b) "Chief Fire Official" means the Municipality of Kincardine Fire Chief or
designate,
c) "Designate" means a person who, in the absence of the Fire Chief or Chief
Fire Official, has the same powers and authority as the Fire Chief or Chief Fire
Official,
d) "Fire Protection Area" means the area of the Municipality of Kincardine
defined in Schedule "A" attached to and forming part of this Agreement,
e) "Fire Chief" means the Chief of the Paisley and District Fire Department,
f) "Fire Department" means the Paisley and. District Fire Department,
g) "Fire Protection Services" means and includes the activities defined in the
Fire Protection and Prevention Act, more particularly described as: "includes
fire suppression, communications, training of persons involved in the provision
of fire protection services, rescue and emergency services and the delivery of
all those services ",
h) "Sufficient Resources" means staffing and equipment to provide a response
that meets the most current. Ontario Fire Marshal's Public Fire Safety
Guidelines for the particular emergency type,
i) "Schedule A" is the description of the fire protection area,
j) "Schedule B" means the amount and manner by which payment will be made
to Arran - Elderslie for provision of fire protection services,
k) "Schedule C" is the description of fire protection services that will be provided,
and under what circumstances an automatic aid response will be activated.
I) "Schedule D" is the description of the tiered response criteria Paisley and
District Fire Department will respond to in the fire protection area, and is part of
the provision of fire protection services
2. The Municipality of Arran - Elderslie will supply fire protection services, with sufficient
resources to all the properties and residents situated within the geographical areas as
shown in Schedule "A ".
3. The Municipality of Arran - Elderslie shall provide the Municipality of Kincardine with
written proof of current liability insurance and Workplace Safety Insurance Board
coverage for so long as this agreement remains in effect.
4. This agreement is intended to provide vital fire protection services which will ultimately
improve the level of public safety for the residents of the fire protection area shown in
Schedule "A ".
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Pagelof8
Paisley and District Fire epartment Automatic Aid Agreement
5. This agreement is intended to be used on a day to day basis in order to meet the
following objectives:
a) Ensuring that the nearest available fire station immediately responds to an
emergency, irrespective of existing municipal boundaries.
b) Ensuring an adequate fire attack team (which may be made up of personnel
and equipment from two or more fire departments).
c) Ensuring the provision of equipment and personnel, particularly to the outer
extremities of the municipality, which are neither practical nor reasonable due to
economic conditions inherent with their provision.
6. The Municipality of Arran - Elderslie will supply fire protection services as detailed in
Schedule "C ". Schedule "C" will also detail the specific criteria when an automatic aid
response will be dispatched for properties noted in Schedule "A ". The automatic aid
response will consist of the Paisley and District Fire Department as the primary
responder, followed by the Municipality of Kincardine, Tiverton Fire Station as the
secondary responder, with further assistance provided as detailed in Schedule "C" by the
Municipality of Kincardine, Kincardine Fire Station. The Fire Chief or designate will have
the discretion to cancel the Municipality of Kincardine response at any time if the Fire
Chief or designate thinks he /she has sufficient resources to provide a response that
meets the Ontario Fire Marshal's Public Fire Safety Guidelines for that particular
emergency.
7. a) The fire apparatus and personnel of the Fire Department will respond to
incidents in the Fire Protection Area in a like manner as if the response
were in the Municipality of Arran - Elderslie
b) Should the Fire Chief or designate require assistance, or believe
assistance may be required, by way of additional personnel, apparatus, or
equipment, to an occurrence in the Fire Protection Area, such assistance
may be summoned following the Bruce County Mutual Fire Aid Plan and
Program.
8. a) The Fire Chief or designate may refuse to supply responses if response
personnel, apparatus and /or equipment are required in the Municipality of
Arran- Elderslie or elsewhere, under the provisions of the Bruce County
Mutual Fire Aid Plan and Program.
b) The Fire Chief or designate may order the return of such personnel,
apparatus and /or equipment that is responding to or is at the scene of an
incident in the Fire Protection Area. In such cases the Fire Chief or
designate may summon assistance in accordance with Section 7.b).
9. The Municipality of Kincardine shall be responsible for notifying, in the manner and to the
extent deemed necessary, residents and occupants of the Fire Protection Area, of
procedures for reporting an emergency and of the services provided by the fire
department.
10. The Fire Chief or designate shall have full authority and control over his /her staff while
operating within the fire protection area.
11. The Chief Fire Official will remain responsible for Fire Protection Services at all times
within Municipality of Kincardine boundaries.
12. The Fire Chief or designate shall provide a report to the Chief Fire Official detailing the
Fire Department responses as they occur in the Fire Protection Area. This shall detail
call hours and call types. As well as statistics, any abnormal occurrences or fire safety
issues shall be noted.
13. Arran - Elderslie agrees to provide a minimum 5 year capital forecast plan in writing to the
Municipality of Kincardine on a yearly basis, on or before the 15 of December of each
year, detailing planned capital purchases related to providing Fire Protection Services in
the Fire Protection Area.
14. Arran - Elderslie agrees to fund all future capital purchases related to providing Fire
Protection Services in the Fire Protection Area, using resources provided and contained
within the annual flat rate sum as specified within this agreement. At no time in the
future, so long as this agreement remains in force, shall Arran - Elderslie request
additional funds to purchase capital items to provide Fire Protection Services in the Fire
Protection Area.
15. The Municipality of Kincardine agrees to reimburse to the Municipality of Arran - Elderslie,
payment in the manner and amounts established in Schedule "B" for automatic aid
services to the Fire Protection Area.
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 2 of 8
Paisley and District Fire Department Automatic Aid Agreement
16. a) This Agreement shall remain in force for a period of 5 years or until either party
provides written notice of termination at least 180 days prior to the desired date
of termination.
b) If neither party provides written notice of termination as described in 16.(a), the
contract shall automatically be renewed from year to year and shall continue to
do so until such time as either party invokes 16.(a).
c) The terms of this agreement shall include an annual increase to the base
contract price as described in Schedule "B" for automatic aid services to the
Fire Protection Area equal to five percent per year.
d) The Municipality of Kincardine shall receive all funds recovered for services
provided by the Fire Department in the fire coverage.
e) 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).
17. a) So often as there may be any dispute between the parties to this Agreement, or
any of them, with respect to any matter contained in 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,
R.S.O. 1990 c. M.48, and the decision rendered in respect of such
proceedings shall be final and binding upon the parties to this Agreement.
b) If for any reason the said arbitration cannot be conducted pursuant to the
provisions of the Municipal Arbitrations Act, then the parties hereto shall agree
to the selection of a single arbitrator, and in the absence of such agreement,
such arbitrator shall be appointed by a judge of the Supreme Court of Ontario
pursuant to the provisions of the Arbitrations Act, S.O. 1991 c. 17, or pursuant
to any successor legislation.
18. No liability shall attach or accrue to the Municipality of Arran - Elderslie by reason of any
injury or damage sustained by personnel, apparatus and /or equipment of the fire
department while engaged in the provision of fire protection services in the Fire
Protection Area.
19. In the event that any covenant, provision or term of this Agreement should at any time to
be held by any competent tribunal 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.
MUNICIPALITY OF KIN ARDINE
0
Authorized for execution in accordance with
By -Law No. , C) - 1g 111111b► t _ —
ayor
- .._ _- .. f�1,.
AO
MUNICIPALITY OF ARRAN - ELDERS E
Authorized for execution in accordance with
By -Law No. a— t� )-?")
Mayor
Clerk (,r.&
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 3 of 8
Paisley and District Fire Department Automatic Aid Agreement
Schedule "A" — FIRE COVERAGE AREA ---------- c , ' 7 N.:
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The Fire Coverage Area shall be defined as:
Beginning at the centre of the block* south of concession 6 on Bruce County Road 1; west to the centre
of the block east of side road 25 and south of concession 6; north to the centre of the block east of side
road 25 and north of concession 6; west following the centre of the block to the centre of the next block
east of side road 20 and north of concession 6; north to the centre of the block east of side road 20 and
north of concession 8; west to the centre of the block east of side road 15 and north of concession 8;
north to the centre of the block east of side road 15 and north of concession 10; west towards the centre
of the block east of side road 10 and north of concession 10; north to the Bruce Saugeen Townline
through the centre of the block east of side road 10; east along Bruce Saugeen Townline to the
Municipality of Kincardine /Arran - Elderslie Boundary; south along the Municipality of Kincardine /Arran-
Elderslie Boundary, ending at the centre of the block south of concession 6 and Bruce County Road 1.
* - a "block" being one and one quarter miles square
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 4 of 8
Paisley and District Fire Department Automatic Aid Agreement
Schedule "B" — PAYMENT TERMS
PAYMENT
In consideration of the covenants and services herein provided and contained in this automatic aid
agreement, the Municipality of Kincardine shall pay the Municipality of Arran - Elderslie for Fire Protection
Services in the Fire Protection Area the flat rate sum per annum beginning in the year 2011 for the term
of the automatic aid agreement broken down as follows: G�
2011 $61,100.34* plus a first year lump sum contribution towards capital of $56000.00 J/
2012 $64,155.36* (includes a five percent annual increase)
2013 $67,363.13* (includes a five percent annual increase) plus a third year lump sum contribution
2014 $70,731.28* (includes a five percent annual increase) towards capital of $56, 00.00
2015 $74,267.85* (includes a five percent annual increase) f /O
2016 The flat rate sum shall be inflated annually by five percent for each successive year over the "
original five year term on a year by year basis.
* Annual flat rate sum includes combined contribution to operating and capital expenses
The Municipality of Arran - Elderslie shall submit an invoice to the Municipality of Kincardine, Attention: Fire
Chief, 1475 Concession 5, RR 5, Kincardine Ontario, N2Z 2X6 for services rendered as per this
automatic aid agreement on or before January 1 and July 1 for the current calendar year.
The Municipality of Kincardine will compensate the Municipality of Arran - Elderslie by remuneration for this
automatic aid agreement within thirty days of receipt of an invoice.
The invoice shall include the following information;
As per the Automatic Aid agreement between the Municipality of Arran - Elderslie and the Municipality of
Kincardine
AND;
Date submitted to the Municipality of Kincardine
AND;
The Municipality of Kincardine shall compensate the Municipality of Arran - Elderslie a total amount of
$ for the period from to
The date, time and location of each response in the fire protection area as outlined in Schedule "A ".
AND;
The types of services provided for the invoice period
AND;
Shall be signed by the Clerk and the Fire Chief.
Municipality of Kincardine Automatic Aid Agreement - Municipality of Arran- Elderslie (Paisley 9 ( Y and District Fire
Department) Sept 24/2010 version
Page 5 of 8
Paisley and District Fire Department Automatic Aid Agreement
Schedule "C" — FIRE PROTECTION SERVICES PROVIDED
The Paisley and District Fire Department shall provide fire protection services as described in this
agreement. Schedule "C" shall detail the services to be provided.
FIRE PROTECTION SERVICES
The Paisley and District Fire Department shall provide fire suppression services for the fire protection
area including interior search and rescue.
INCIDENT REPORTING
A copy of fire reports for incidents within the fire coverage area shall be forwarded by the Fire Chief or
designate to the Chief Fire Official or designate as soon as possible after they occur. The Fire Chief or
designate shall be responsible for submitting Standard Incident Reports to the Ontario Fire Marshal in a
timely fashion as required on the behalf of the Municipality of Kincardine.
PROVISION OF INFORMATION FOR COST RECOVERY PURPOSES
The Fire Chief or designate shall provide to the Municipality of Kincardine all relevant information needed
to prepare invoices to recover costs from users of fire protection services as provided for in the most
current Municipality of Kincardine Fee By -Law.. All costs recovered for fire protection services within the
fire protection area shall remain with the Municipality of Kincardine Fire Department.
AUTOMATIC AID RESPONSES
a) All fires - any structure type; but not motor vehicle fires.
b) All emergency calls reporting "smoke showing or visible"
c) All "multiple caller" emergency calls reporting smoke or fire
d) All chimney fires
e) All high angle rescue (rescue from height requiring ropes, harnesses and shall include wind
turbine emergencies)
f) All slope rescue (emergencies requiring ropes, harnesses including ditches, embankments, etc)
g) All confined space rescue (grain bins, silos, manure pits, culverts, piping, manholes etc)
h) All ice /water rescue (emergencies involving any water situation or ice example: Ponds, lakes,
streams etc)
The Paisley and District Fire Department will respond as per the establishing and regulating by -law
for the Paisley and District Fire Department. Responses a) to d) above will include a response from
Tiverton Fire Station (pumper, rescue and tanker) as well as aerial ladder from Kincardine Fire
Station. The Fire Chief or designate may at his /her discretion downgrade or cancel the Municipality
of Kincardine Fire Department response via direct radio communications once on scene and able to
provide a scene assessment if the Municipality of Kincardine resources are not required to mitigate
the emergency.
The Paisley and District Fire Department will respond as per the establishing and regulating by -law
for the Paisley and District Fire Department. Responses e) to h) above will include a response from
Tiverton Fire Station (pumper and rescue) as well as a specialized response from Kincardine Fire
Station (aerial ladder and rescue).
AMBULANCE ASSIST — MEDICAL TIERED RESPONSE
Paisley and District Fire Department shall provide a similar level of emergency medical response as is
provided within the Municipality of Kincardine by the Municipality of Kincardine Fire Department. Every
attempt will be made to maintain a uniform level of service municipality wide.
The level of service shall be determined by parameters contained within this agreement. See Schedule
„
FIRE PREVENTION, INSPECTIONS AND PUBLIC EDUCATION
a) All complaint, request and routine fire inspections shall be conducted by the Municipality of
Kincardine Fire Department in the fire coverage area. The Fire Chief or designate shall be
informed of any inspections and copies of the inspection reports and associated documentation
shall be forwarded to the Fire Chief or designate for his /her records. All requests for inspections
to the Fire Chief or designate shall be forwarded as soon as possible to the Chief Fire Official or
designate.
b) The Municipality of Kincardine open air burning By -Law, fireworks By -Law and sign By -Law shall
be the By -Laws of reference for all open air burning /fireworks /civic address enquiries and /or
complaints in the fire coverage area.
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 6 of 8
Paisley and District Fire Department Automatic Aid Agreement
c) The Fire Chief or designate shall have access to the contacts for the Municipality of Kincardine
By -Law Enforcement Officer as required to enforce applicable By -Laws. The Fire Chief or
designate shall forward all associated documentation involving the request of the By -Law
Enforcement Officer to the Chief Fire Official or designate as soon as possible for his /her
records.
d) Open air burning fire permits shall be issued and enforced by the Municipality of Kincardine Fire
Department. An updated master list of all permits issued for the year for the fire coverage area
shall be forwarded to the Fire Chief or designate and fire dispatch daily or as required.
e) The Municipality of Kincardine smoke alarm program and policy shall be used in the fire
protection area. Smoke alarms shall be provided by the Paisley and District Fire Department for
installation as required by the most current Ontario Fire Code with smoke alarms of equal quality
and value provided by the Municipality of Kincardine Fire Department as reimbursement directly
back to the Paisley and District Fire Department as needed.
f) The Fire Chief or designate shall notify the Chief Fire Official or designate should he /she
conduct smoke alarm checks or install smoke alarms in the fire protection area. All
documentation from the Fire Chief or designate shall be forwarded to the Chief Fire Official or
designate as soon as possible for his /her records.
g) As a courtesy, the Fire Chief or designate shall be notified of any smoke alarm checks or
installations in the fire protection area by the Chief Fire Official or designate. The Fire Chief or
designate may accompany Municipality of Kincardine Fire Department staff on these checks.
h) Public education shall be the responsibility of the Municipality of Kincardine Fire Department.
As a courtesy, the Fire Chief or designate shall be notified of these occurrences, before they
take place if possible. The Fire Chief or designate may accompany Municipality of Kincardine
Fire Department staff to these occurrences. Should the Fire Chief or designate choose to
provide public education; all documentation shall be forwarded to the Chief Fire Official or
designate for his /her records.
i) Fire Cause Determination in the fire protection area shall be the responsibility of the Fire Chief
or designate.
FIRE PROTECTION SERVICES REVIEW
The Fire Chief or designate and the Chief Fire Official or designate shall agree to meet at a mutually
convenient time annually as a minimum to discuss and review the level of fire protection services and
performance provided within the fire protection area. Changes or suggestions for improvement shall be
recommended to the respective Councils for action to update the automatic aid agreement as needed.
Special meetings to discuss routine business may be called by either the Fire Chief or designate or Chief
Fire Official or designate as required.
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 7 of 8
Paisley and District Fire Department Automatic Aid Agreement
Schedule "D" — PAISLEY AND DISTRICT FIRE DEPARTMENT TIERED RESPONSE CRITERIA
Fire Tiered Response Summary of Services for the fire protection area
Paisley and District Fire Department
Airway / breathing compromise
Not breathing
Choking
Severe Respiratory Distress
Unconscious
VSA / Cardiac arrest
Burns - electrocution
Burns - inhalation
Chest pain - heart problems
Electrocution
Environmental Exposure - Heat
Environmental Exposure - Cold
Evacuation
Falls
Inhalation
MVC - enclosed seating
MVC — exposed seating
MVC - person struck
MVC - unknown details
Overdose
Stroke / CVA
Notify Fire while EMS crew enroute to scene
Farm accidents
Industrial accidents
Municipality of Kincardine Automatic Aid Agreement — Municipality of Arran - Elderslie (Paisley and District Fire
Department) Sept 24/2010 version
Page 8 of 8