2009-034 Authorize the Mayor and Clerk to Enter into an Fire Protection Agreement with the Township of Springwater and to repeal by-law No. 94-75THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-034
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO ENTER INTO
A FIRE PROTECTION AGREEMENT WITH THE TOWNSHIP OF SPRINGWATER
AND TO REPEAL BY-LAW NO. 94-75
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides 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
(hereinafter the "Act"); and
WHEREAS Section 11 of the Municipal Act 2001, as amended, provides
municipalities with the authority to provide for any service or thing that the
municipality considers necessary or desirable for the public; and
WHEREAS Section 20 of the Act provides that a municipality may enter into an
agreement with one or more municipalities to jointly provide for any matter which all
of them have the power to provide within their own boundaries; and
WHEREAS Section 2(5) of the Fire Protection and Prevention Act, Ch. 4, S.O.
1997, provides that a municipality may, under such conditions as may be specified
in the agreement, enter into an agreement to:
a. 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
b. Receive such fire protection services as may be specified in the agreement
from a fire department situated outside the territorial limits of the municipality;
NOW THEREFORE the Council of The Corporation of the Township of Oro-
Medonte enacts as follows:
1. That the Mayor and Clerk be authorized to execute a Fire Protection Agreement
between The Township of Springwater and The Township of Oro-Medonte with
respect to fire protection services in accordance with the provisions of the
agreement attached hereto.
2. That said Fire Protection Agreement be and is attached hereto as Schedule "A"
3. That said Fire Protection Agreement has been signed and executed by both The
Township of Springwater and The Township of Oro-Medonte.
4. That By-Law No. 94-75 be repealed in its entirety.
5. That this By-law shall come into force and take effect upon final passage.
BY-LAW READ A FIRST AND SECOND TIME THIS 11TH DAY OF MARCH, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF
MARCH, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
leek, I pou4las Irwin
schedule "All to By-law No* 2009-034
March
12009
THIS AGREEMENT DATED THE 1 DAY OF _
BETWEEN
OF THE TOWNSHIP O~ SPRNGWATER
THE CORPORATION rin
Herein after called Sp gwa
AND
OF THE TOWNSHIP OF ORO'~AEDONTE
THE CORPORATION edon
Herein after caned Oro-M
01, S.O.2441 c.25, as amended pro~de, for
al Act, 24 alines Jointly 1 of the Municip older to provide within their own
the mpunicip
WHEREAS Section 20 (o an agreement with one or more
municipality to enter into
'Dint benefit, any matter which all of them
their 1 tier hereto respectively to
boundaries; and enacted by corporate par
been duly relative to the use of certain Oro-Medan e
by-laws have parties
WHEREAS agreement between the said rin water;
area of Sp g
authorize an agrent within the described ontained
firefighting ea ovenants and agreement herein c,
fire
HEREFORE in considerati of the mutual
hereto, as follows:
NOWT reed between the p
it is mutually ag
1 DEFINITIONS b Oro-Medonte to Springwater or tserv he ices
all mean the services provided by
sh -Medonte which said sveh~ cle acadents}u e
a) CroVi 5 ringwater to Oro motor
provided by p cession, medical services and Oro_Medonte
response to fire supp ui ment owned by
b) EQUIPMENT shalt mean firefighting and extrication eq p
or Springwater. of Springwater as described in
and Township of Oro-
AREA shall mean the fire area(sa of and the TMapownship (schedule 13")
c) FIRE Schedule "A„) otected Schedule "C") and Map Schedule
Area to be protected
ed be Pr orrte as described in Area this agreement.
IVM has the
attached to and forming part who, in the absence of the Fire chief,
d) DESIGNATE means a person or persons
as the Fire Chief, Hate of the
same powers and authority er ency Services or desig ate 0, the
g
ater Fire and
CHIEF means the Direc~or of The Township Em of Springw
e) FIRE of pro-Medonte o
Township specified,
Services unless otherwise 16
S ringwater
calls in ed
to respond to fi map attach
AREAS To BE ppof e is file area as illustrated
protected on S duFire~}&
2. a all reasonable within the attempts
shall mak notified Area To Be the SOngw EmergencY
Oro-Medonte it has been ated as Fire
of which and design rov the ided by &
a} 'township hters will be Di[ecto
Schedule „B„ #ire#ig
hereto r 0
deemed necessary by as aratus and Nledonte
Additional a Services aS calls in Mpro-
„
E,mergency Medonte' a attached
as i to illustrated in
from Oro` is to respond
Services attemp a[ea as on Schedule -
er shall make all reasonabl the fire o Se protected
notified within T water
s been rea will be provided by the Oro- Springwat of which has
the Fire Chief of Spring
and designate and fi firefighters
Township Schedule B apparatus
call
hereto Aartmentl as deemed necessary by
attached d hereto. respond to a
Fire Dep Oro-Medonte to be protected,
Township. e that should of the area continue to
parties hereto outside
the two Gall actually File in control, but
between find the by way of eBarrie whose pisdictton the
c} It is agreed at the scene water, aliment,
n arriving will notify Spring correct Fire
and UP( Medonte time as the to a call and
that Oro- call until such that
Protected,
service the at the scene Spring water respond
within, arrives that should f the area to be p tinue to
Gall is en the two pah1es hereto outside Cont[oi, but
the call actually of Barrie Fire whose piconsdict1on the
d} it is agreed betwe find artment in
upon at the scenepr-Medonte, by w ct ay ire Dep
arriving o
will notti#y as the corre F
Spring water time
the call untilat the scene.
service arrives
call is within
equipment
Np Ft ,FfI VITERS the eclu~pment a S wngaw \jef ter is deemed
,EQVtp,~E,NT A liters to operate -Medonte or p
3• charge of Oroe
a} It i of t each call.
agreed that Chn~ff oe office le e#forts to attend
s
in the opinion make all reasonab call, shall necessary o[ at the scene of a Fire
ta, ringwater
responding notify Sp artment
RBgPONSE receives a call while dill i date mmediatel Springv'later File Dep
designate(s)
event Ora"Medonte or desig up
a} In the pro-Meof B Fire Copt a'de and to the additional call' ne of a call, the
the chief of way of Barrie sce Fire
to, of at the
pepartment by response Cannot be
responding notify Orro_MedonteeFife
that an Oro-Medonte immediately Fire Department
a Galt whilwW imm Oro-Medonte
g ringwater receives nate(s} and update
b) In the event p Ovate[ or desig Control
Chief Of Spring of Barrie Fire be made to the additional Gall. errtent boundaries
Department, by way cannot will notify
that a apse miffed to a area agre(s) Springwater resp call, within Chief other or designate Ovae[ that
1Viedonte is committed Gall, the ont[ol and update Spring
,
Oro- Aid assistance Fire
C} Whenever County Mutual by way of Barrie
or to a Fire Department
Springwater
a
Oro-Medonte will be unable to provide fire protection services until further notice. The
Chief or designate(s) will update Springwater Fire Department, by way of Barrie Fire
Control, as soon as fire protection services can again be provided.
d) Whenever Springwater is committed to a call, within other area agreement boundaries or
to a County Mutual Aid assistance call, the Chief or designate(s) will notify Oro-Medonte
Fire Department, by way of Barrie Fire Control, and update Oro-Medonte that
Springwater will be unable to provide fire protection services until further notice. The
Chief or designate(s) will update Oro-Medonte Fire Department, by way of Barrie Fire
Control, as soon as fire protection services can again be provided.
e) It is further understood that notwithstanding the provisions of the Agreement, as
provided for in the Municipal Act, and any amendment thereto, no liability shall accrue to
Ora-Medonte Fire Department or Springwater Fire Department for failing to supply the
use of firefighting equipment or any of it, in answer to a call.
f) The Township of Ora-Medonte will respond to calls as detailed in Schedule "A" attached
hereto.
g) The Township of Springwater will respond to calls as detailed in Schedule "C" attached
hereto.
5. INDEMNIFICATION
Springwater and Oro-Medonte agree that they will at all times indemnify and save
harmless each municipality and the members of the Fire Departments for any and all
claims, action, suits or demands for damage or otherwise for any negligence of action on
the part of Oro-Medonte Fire Department or Springwater Fire Department and the
members of the Fire Departments while performing any of the services contemplated by
this Agreement.
6. LIABILITY
No liability shall attach or accrue to Springwater or Oro-Medonte by reason of any injury
or damage sustained by personnel, apparatus, or equipment of the Oro Medonte or
Springwater Fire Departments while engaged in the provision of Fire Protection Services
in the Fire Protection Areas.
7. MUTUAL AID
a) Should additional assistance by way of personnel, apparatus, or equipment in
addition to that provided by the Township of Springwater or Oro-Medonte Fire
Departments, be required, the Fire Chief or designate (s) may invoke the
applicable provisions of the County of Simcoe Mutual Aid Plan.
b) It is agreed that the Chief or designate(s) may request the use of Springwater or
Oro-Medonte owned public works equipment.
ift
uipment
adequate' private aY cost of
made
ent is in purse for
or Oro-Medonteun c pal y agr gnat equipment will be
ringwater wever, 7h e
c} If the Sp h0
such quest for add
can be called .
ri4at eh of or designates}, respective
p
through
incident report to the ORTS
shall provide an incident.
9 REp nate(s) after each
he Fire Chief or ` e~g} workrng days
tity within ave full
municlpa artment shat! halted at
A"~ SCE#yE he responding Frr`l~n~w~ich may be
rtment arrive on
A~TNOR1T`{ designate(s) oft net and equip Fire Depa
1p. Chief or all person from the host
The Fire control aver Personnel edonte Fire
a) authority alld equipment and hty on the situation' ailment or pro-tA
the calf, are briefed thorn Fire Dep
ment and
scene and d from Springwtoa do so. equip
Iran sfer Of com done when safe or designate() done safely
b) Department Will b mand to the Fcall as soon
upon as this
transfer of com from the
ill be release
c} d
A reement shalt
pets noel W
E41 that the terms one year after which the
date of passing,
11, -PERM OF AOREEM between the parts t on the renewed
It is agreed betty take eff ec automatically when
a} come mint force
be r and eviewed' agreement waalgreem u in any Year
agree
ded w t tacedarty under A A (c)' artier after
the first year Of rep sent of the p s written
After er unfit amen to the other p g) day e
b) thereaf notice the mutual arty thirty ( to th
arty gives time by to writing
either p ade at any ives the other p ust agree
is rnaY be m endment(s) g Both Parties m
Amendmen the am ent(s)
, written the
c} the party desiring d amendrri notice t date
ropose
notice of the p termination
either party by the desi giving red water Fire
amendments. terminated W to th t 0, Spring water
reernent may be n nety (g0) ea y!rer Depe pro-M dome or spring
d} This agarty not less t to Oro-Meda th be paid t
other Monies Owing d shall forth
!nation.
Any and not Pal
Depa"tm date of said term
prior to the at any time be
'(Y f this agreement
n the greement shall not
SEVEEiAgllf or term o able, the
12• ants provision unen#orce
t any coven be vold or
in the e ~nY tcompetent tribunal to
held by
0
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 mutates mutandis.
IN WITNESS WHEREOF the parties have hereunto affixed their Corporate Seals under
the hand of its officer duly authorized in that behalf.
FOR THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor H.S. Hughes
s' Clerk J. Douglas Irwin
FOR THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER
J N
Mayor Tony Guergis
~W.
k
Clerk Carol O. Trainor
46
AREA To BE PROTECTED
SCHEDULE 66N1
BY-LAW 2049
NGWATER SERVICED BY
lP OF SPRI
OF THAT PORTION OF THE TOyvNSH
lES NTE OF FIRE DEPARTMENT
BC)UNDAR OF ORO-MEDO
THE TOWt1SHIP
of Springwater and bounded as follows"
In the Township 3arrie north along the west side of
rth of Georgian Drive inn'sRoad (inclusive), a Road
At a point No side of Brow- uishen
Highway 400 to the north
Brown's Road to the west side of Penetang
on the north side of B Easterly uishene Road to Highway
(inclusive) along the west side of Pena
Southerly Georgian Drive in Barrie;
►clusive) to a point North
from Brawn's Road
"B„
11 and the Ftig hway 400 split ( SCHEDULE
SHOWN ON THE ATTACHED MAP AS
THE ABOVE AREA IS
06
mer~eney 5erviuG`'
E
Nledonte Fire & Station
Oro_ Areas By
Fire ReSp°nse
P~
~l
JP~~ 9'f'4 G
JP~~ l♦,L F y ~'l`
l♦ ~cP
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O F9 j♦ ♦u' HIGHWAY 12
O
rr ' J
~ l♦2 S
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♦~6' OOl
F l♦ ~ 5 l♦ ~
61
¢a fs /~f OP5 l♦ #4 by
l♦ l4
r~ 2
#3 eshQ e y l♦2
l♦~~ N~ 3 li'L Q ~~OP l♦ l♦2 l♦2~ ~~O
Station
#1 Shanty Bay
#2 Hawkestone
#3 Horseshoe Valley
A
9
lj
♦ ~ 7,~s r~ QO
PO l♦2t~ 2~ Q
O ~ l 6' O
<1
l♦2 2F ~P
t, E ROD °
6
} /6 siDE OAD #1 shanty Bay
schedule B
EA To BE pRpTECTED
AR
SCNEDULf. C
B~'~LAw 2fla~ . { z „ NTE SERVICED
of oR°'MEDO
tP ENT
THE Tp~NSH DEpARTM
THAT ppRT1pT R vpLUNTEER FIRE
BpU ro_Medante
NDARIEN :)f F SpRtNGWA ded as fottav+~s: p
wss baun survey Map
old Dispatc
THE Tp and Z Fire
of pro.,~Utedonte Conc proession Medonte
►n
In the Tawnsh►p h
Line and l tat ?*0 line ad, within identified e valley
esbo "°osd and aIO- -
and Ingram 4.00 and
Scarlett hway
Between a
aP attached as
between Va scheoad dule 6667, of provincial Hpenetar►guisat m
attached as Dint south 4 crossing Fire D►sP
iced from a masterly to L►nepro-Medonte
The area the all line n oad} ider►tif►ed ►n
R
Road on of Ingram EDllL
art►an ii PAS ~Cl~1E 6iQ}!
Schedule B ' N THE ATTACHED MA
O
VE AREA IS SHpwN O
THE ABO
THE ABO