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2011-023 MOU - Multiple Parties - HAZMAT TeamTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-023 A By-law to Authorize the Execution of a Memorandum of Understanding between The Township of Oro-Medonte, The County of Simcoe, Participating Communities, The City of Barrie and Barrie Police Service WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 20(1), as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, provides that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council. AND WHEREAS the Council for The Corporation of the Township of Oro-Medonte declared by Motion No. C110126-7, to enter into a Memorandum of Understanding with The County of Simcoe, Participating Communities, The City of Barrie and Barrie Police Service to establish and operate a chemical, biological, radiological, nuclear, explosives (CBRNE) / hazardous materials (HAZMAT) incident response team. AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to enter into a Memorandum of Understanding with The County of Simcoe, Participating Communities, The City of Barrie and Barrie Police Service in effect until December 31, 2015. AND WHEREAS unless a Party gives written notice of termination to the other Parties at least six (6) months prior to December 31, 2015, this Memorandum of Understanding shall be automatically renewed for a five (5) year period on the same terms and conditions. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding between The County of Simcoe, Participating Communities, The City of Barrie and Barrie Police Service attached hereto as Schedule "A" and forming part of this By-Law. 2. That this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY OF FEBRUARY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Schedule "A" to By-Law No. 2011-023 This Memorandum of Understanding is made in 19 originally executed copies. A MEMORANDUM OF UNDERSTANDING MADE AS OF T-ebroo-cQ Z 2011 TO ESTABLISH AND OPERATE A CHEMICAL, 111OLOGICAL, RADIOLOGICAL, NUCLEAR, EXPLOSIVES (CBRNE)/HAZARDOUS MATERIALS (HAZMAT) INCIDENT RESPONSE TEAM BETWEEN: THE COUNTY OF SIMCOE (the "County") AND THE TOWNSHIP OF ADJALA-TOSORONTIO THE TOWN OF BRADFORD WEST GWILLIMBURY THE TOWNSHIP OF CLEARVIEW THE TOWN OF COLLINGWOOD THE TOWNSHIP OF ESSA THE TOWN OF INNISFIL THE TOWN OF MIDLAND THE TOWN OF NEW TECUMSETH THE CITY OF ORILLIA THE TOWNSHIP OF ORO-MEDONTE THE TOWN OF PENETANGUISHENE THE CHIPPEWAS OF RAMA FIRST NATION THE TOWNSHIP OF SEVERN THE TOWNSHIP OF SPRINGWATER THE TOWNSHIP OF TINY THE TOWN OF WASAGA BEACH (the "Participating Communities") AND: THE CITY OF BARRIE (the "City") AND BARRIE POLICE SERVICE WHEREAS: • The County, Participating Communities, Barrie Police Service, and the City desire there to be a trained, multi-disciplinary CBRNE/Hazmat Incident Response Team within Simcoe County available to respond to large-scale or complex life threatening or environmental, natural, or human-caused chemical, biological, radiological, nuclear and explosive emergencies in the area. The CBRNE/Hazmat Incident Response Team will operate through a unified command system under the direction of the Barrie Fire and Emergency Service Operations Chief. • Overall incident command responsibility rests with the Requesting Participating Community (as defined herein) having jurisdiction in the area of the CBRNE/Hazmat Incident. NOW THEREFORE the Parties agree to as follows: ARTICLE 1: DEFINITIONS AND INTERPRETATION 1.1 Definitions -In this Memorandum of Understanding: "Barrie Fire and Emergency Service CBRNE Team" means personnel provided by the City of Barrie to the CBRNE/Hazmat Incident Response Team, as set out in Schedule "B" in connection with one or more Incident(s). "BFES" means Barrie Fire and Emergency Service. "CANUTEC" means the Canadian Transport Emergency Centre operated by Transport Canada which provides emergency response information and assistance on a 24-hour basis for responders to CBRNE Incidents. "CBRNE/Hazmat Incident Response Team" means a Simcoe County multi-disciplinary team of fire, police, and paramedic emergency responders as set out in Schedule "B" hereto with professional competencies of NFPA 472 and other areas of expertise to respond to large-scale or complex life or environmentally threatening natural or human-caused chemical, biological, radiological, nuclear emergencies. Fire responders will represent fire departments of all participating communities. "Casualty Collection Point" means a point normally located in the transition area between the Hot and Warm Zones, established for the triage and stabilization of patients. "CBRNE/Hazmat Incident" means a large-scale or complex natural or human-caused chemical, biological, radiological, or nuclear emergency or occurrence, which poses a serious risk of harm to the health and safety of persons, living things, or the natural environment. "CBRNE Operating Manual" is a manual of operating guidelines prepared by the County CBRNE Working Group concerning the use of the CBRNE/Hazmat Incident Response Team, as amended from time to time by the parties hereto (the "Parties"). "Cold Zone" means an area not contaminated by chemical, biological, radiological or nuclear agents that normally contains the incident command post and such other support functions as are deemed necessary to control the Incident. "County CBRNE Working Group" means a group of senior personnel who are CBRNE response subject matter experts representing County of Simcoe Emergency Planning, City of Barrie Fire & Emergency Service, Barrie Police Service, Simcoe County Policing Authorities, Simcoe Muskoka District Health Unit, and the Simcoe County Fire Chiefs Administration Group. "Equipment" or "County-owned Equipment" unless the context requires otherwise, means equipment owned and supplied by the County to the City for use by the CBRNE/Hazmat Incident Response Team in responding to an Incident pursuant to this Memorandum of Understanding. "Hot Zone" means an area that is highly toxic due to the presence of chemical, biological, radiological or nuclear agents which extends far enough to prevent adverse effects of hazards to personnel outside the zone. Entering the "hot" zone without appropriate personal protective equipment can be life threatening. "IFSAC" means the International Fire Service Accreditation Congress. "Incident" where used in this Memorandum of Understanding shall have the same meaning as the term "CBRNE/Hazmat Incident". "Incident Command" means the senior personnel on scene, representing the Participating Community having jurisdiction, responsible at all times for the overall direction and coordination of all activities at the Incident site including the development of strategies and tactics and the ordering and release of resources. "NFPA" means the National Fire Protection Association, an international association that develops, publishes, and disseminates consensus codes and standards intended to minimize the possibility and effects of fire and other risks. "NFPA 472 operations level" means competency standards for all personnel responding to CBRNE Incidents, including entry into the Warm Zone and/or Hot Zone for the purpose of implementing or supporting actions to protect nearby persons, the environment, or property from the release of chemical, biological, radiological or nuclear agents. "NFPA 473 standards" means competency standards for emergency medical service personnel responding to CBRNE Incidents, specifically covering the requirements for basic life support and advanced life support in the pre-hospital setting. "Participating Communities" mean geographic areas whose inhabitants are incorporated as a municipality, or a First Nation Band, or a civilian fire service of a military establishment. "Requesting Participating Community" means the Participating Community which requests activation of the CBRNE Hazmat Incident Response Team pursuant to this Agreement. "Party" means any of the City, the County, Barrie Police Service or any of the Participating Communities. "Parties" shall mean all of them. "Warm Zone" means the controlled transition zone between the Hot Zone and the Cold Zone, where Hot Zone support, medical management of patients (if required) and the decontamination of individuals and equipment takes place, and which requires the use of personal protective equipment. 1.2 Headings -The headings in this Memorandum of Understanding are for convenience only and are not intended to modify or be used in the interpretation of this Memorandum of Understanding. 1.3 Other Memoranda of Understanding - Subject to section 4.5 herein (Use of the Equipment), this Memorandum of Understanding shall not prevent the City from entering into agreements with other municipalities to provide CBRNE/Hazmat response services as an entity separate from the CBRNE/Hazmat Incident Response Team. The City shall be responsible, at its sole expense, for the cost of any necessary repair or replacement of any Equipment that is damaged while deployed by the City as part of its own independently run emergency response services. The County shall not be responsible for paying any costs, where the City has contracted or made arrangements allowing for its independent response services. 1.4 Conflict Schedule and Operating Manual - In the event of a conflict between the body of this Memorandum of Understanding and Schedules "A", "B", "C" or "D" or the current edition of the CBRNE Operating Manual, the body of this Memorandum of Understanding shall take precedence to the extent of the conflict. 1.5 Severability- If any term of this Memorandum of Understanding shall be held to be illegal, invalid, unenforceable, null, void or inoperative by a court of competent jurisdiction, the remaining terms shall remain in full force and effect. 1.6 Entire Agreement - This Memorandum of Understanding, including Schedules "A", "B", "C", and "D" constitutes the entire agreement of the Parties, with respect to the establishment of a CBRNE/Hazmat Incident Response Team hereunder and supersedes any previous agreement whether written or verbal. ARTICLE 2: NOTICES 2.1 Notice - Any notice permitted or required to be given pursuant to this Memorandum of Understanding shall be in writing and delivered personally, sent by facsimile transmission or by registered mail to the contact persons at the following addresses: To the City: Fire Chief John Lynn (or successor) City of Barrie PO Box 400 Barrie, Ontario L4N 4T5 To the County: Cathy Clark (or successor) Manager, 911 & Emergency Planning County of Simcoe 1110 Highway 26 Midhurst, Ontario LOL 1X0 To Barrie Police Service: Mark Neelin (or successor) Chief of Police Barrie Police Service 29 Sperling Drive Barrie, Ontario L4M 6K9 To Participating Communities: Fire Chief Township of Adjala-Tosorontio 7855 30 Sideroad Adjala, Ontario L9R 1V1 Fire Chief Town of Bradford West Gwillimbury 100 Dissette Street Unit ?&8 P.O. Box 100 Bradford, Ontario L3Z 2A7 Fire Chief Township of Clearview Box 200 217 Gideon St. Stayner, Ontario LOM 1S0 Fire Chief Town of Collingwood P.O. Box 157 97 Hurontario Street Collingwood, Ontario L9Y 3Z5 Fire Chief Township of Essa 5786 County Road 21 Utopia, Ontario LOM 1T0 Fire Chief Town of Innisfil 2101 Innisfil Beach Road Innisfil, Ontario L9S 1A1 Fire Chief Town of Midland 575 Dominion Avenue Midland, Ontario L4R 1R2 Fire Chief Town of New Tecumseth Box 910 10 Wellington Street East Alliston, Ontario L9R 1A1 Fire Chief City of Orillia 50 Andrew Street South, Suite 300 Orillia, Ontario L3V 7T5 Fire Chief Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Fire Chief Town of Penetanguishene 10 Robert Street West PO Box 5009 Penetanguishene, Ontario L9M 2G2 Fire Chief Chippewas of Rama First Nation 5884 Rama Road, Suite 200 Rama, Ontario LOK 1TO Fire Chief Township of Severn P.O. Box 159 Orillia, Ontario L3V 6.13 Fire Chief Township of Springwater 2231 Nursery Road Minesing, Ontario LOL 1Y2 Fire Chief Township of Tiny 130 Balm Beach Road West Perkinsfield, Ontario LOL 2JO Fire Chief Town of Wasaga Beach 30 Lewis Street Wasaga Beach, Ontario L9Z 1A1 2.2 Notification of Change - Each Party shall provide the other Parties with written notification of any changes to the address or contact information for a Party contained in section 2.1 herein (Notice). ARTICLE 3: ACTIVATING USE OF THE CBRNE/HAZMAT INCIDENT RESPONSE TEAM 3.1 Except as otherwise indicated herein, activation of the CBRNE/Hazmat Incident Response Team will be in accordance with the applicable operating guidelines set out in the CBRNE Operating Manual. 3.2 The Requesting Participating Community shall request the activation of the CBRNE/Hazmat Incident Response Team by contacting Barrie Fire and Emergency Service (BFES) Communications by radio or telephone. BFES shall notify County of Simcoe Paramedic Services, Barrie Police Service, the Primary or Alternate Simcoe County Fire Coordinator, and the County of Simcoe Community Emergency Management Coordinator of the Requesting Participating Community. It shall be the responsibility of the Requesting Participating Community to notify the Ontario Ministry of the Environment Spills Action Centre and/or any other agency as required pursuant to current legislation. 3.3 All Participating Communities will have the privilege of requesting emergency assistance from the CBRNE/Hazmat Incident Response Team. Participation in the CBRNE/Hazmat Incident Response Team is voluntary and it is acknowledged that the ability to provide assistance may be limited by exigent circumstances such as a Participating Community's own exigent circumstances or conditions. 3.4 Legal Relationship - In this Memorandum of Understanding nothing gives rise to an employment relationship between any Parties hereto in respect of any Party's participation in or contribution to the CBNRE/Hazmat Incident Response Team. The Parties hereto expressly acknowledge that they are independent contractors and neither an agency, or partnership nor employer- employee relationship is intended or created by this Memorandum of Understanding. 3.5 Contact Personnel - Each Participating Municipality will provide to the other Parties an updated list of contact personnel, telephone numbers, fax numbers and emergency phone numbers. 3.6 Laws - All parties warrant that the CBRNE/Hazmat Incident Response Team shall operate in compliance with all federal, provincial or municipal laws or regulations, and the current editions of the CBRNE Operating Manual and NFPA 472 and 47 3.7 Indemnity - The Parties hereto, jointly and severally, shall indemnify, defend and hold harmless the Requesting Participating Community and the City of Barrie, its officers, directors and employees ("Indemnitees"), both during and following the term of this Agreement, from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs, fines and expenses and accrued interest thereon, including the costs and expenses of, and accrued interest in respect of any and all actions, suits, proceedings, assessments, judgments, awards, settlements and compromises relating thereto and reasonable lawyers' fees and reasonable disbursements in connection therewith (each, an "Indemnifiable Loss"), asserted against or suffered by any Indemnitee relating to, or in connection with, or resulting from or arising out of any action or omission of the CBNRE/Hazmat Incident Response Team, its employees, subcontractors, directors, officers, agents or authorized representatives, including any of its subcontractors, consultants, agents or advisors, in connection with this Memorandum of Understanding or the response services provided hereunder, except which such claims, demands, suits, losses, liabilities, damages, obligations, payments, costs, fines, expenses, and interest are occasioned by the gross negligence of wilful default of the Indemnitees. ARTICLE 4: EQUIPMENT 4.1 Supply of Equipment - The various equipment required by the CBRNE/Hazmat Incident Response Team and to be supplied by the Parties to the City (in the case of County-owned Equipment) or in response to an Incident, as the case may be, is set out in Schedule "A". 4.2 Maintenance of Equipment-The City shall be responsible for maintaining and testing any County-owned Equipment placed under its custody and control in a state of good repair and working order, and in compliance with any directions from the County or from the manufacturer of the Equipment. Any costs related to the maintaining, testing and repairing of the Equipment will be paid for by the County, unless otherwise indicated herein. The County will be responsible for the cost of annual maintenance and repairs to County-owned equipment storage and deployment trailer. 4.3 Storage of Equipment - The City shall be responsible for storing the County-owned Equipment in a safe and secure environment, so as to protect it from theft and damage. 4.4 Insurance-The County shall be responsible for procuring and maintaining property insurance coverage respecting the County-owned Equipment. 4.5 Defects in Equipment - The City shall notify the County immediately on becoming aware of any defects in the Equipment, which may render it unfit for use. The County shall arrange to replace or repair defective Equipment as soon as possible on receiving notification from the City, provided that the damage or defects to the Equipment were, in the opinion of the County, caused by the use of the Equipment for a purpose agreed to by the County and the City, or by the CBRNE/Hazmat Incident Response Team as provided for in this Memorandum of Understanding. The City shall be solely responsible for repairing or replacing damaged or defective Equipment at the City's expense, where in the opinion of the County, the damages or defects were caused by all other uses of the Equipment by the City, its officers, employees, agents or subcontractors. 4.6 Use of the Equipment-The City may use the Equipment for any purpose consistent with responding to an Emergency within the City of Barrie, provided that it is always available for use when required by the CBRNE/Hazmat Incident Response Team. Equipment used in this manner will be repaired/replaced by the City. 4.7 Title to Equipment - The County shall retain ownership of the County-owned Equipment at all times. The City shall return the Equipment to the County at the termination or expiration of this Memorandum of Understanding, or at any other time, upon the request of the County. ARTICLE 5: TRAINING 5.1 The County shall assume annual costs for training and exercises described in Schedule "C" hereto for all listed personnel of the CBNRE/Hazmat Incident Response Team as set out in Schedule "B" hereto, subject to the dollar amount limits approved by the County Council for such purposes. Should the funds approved by County Council for training purposes be less than the actual costs for training and exercise in any calendar year, the remaining unfunded costs are to be shared on a pro rata basis by the City and those Participating Communities whose personnel receive such training in proportion to the number of personnel trained from each such Party. The Training Sub-Committee of the County CBRNE Working Group will arrange and co-ordinate the scheduling of such training with third party vendors selected by the County, at mutually agreeable times for all Parties. ARTICLE 6: PAYMENT 6.1 Payment of Costs - The Requesting Participating Community shall pay the City for all costs associated with the deployment of the Barrie Fire and Emergency Service CBRNE Team in response to a particular CBRNE Incident, where the CBRNE/Hazmat Incident Response Team has been requested to be used by, or within the geographical limits of, the Requesting Participating Community. 6.2 No Liability - Neither the County nor the Requesting Participating Community shall be liable to any other Party hereto for any costs incurred by the City or any other Party in connection with the CBRNE/Hazmat Incident Response Team, except to the extent expressly permitted herein or in any subsisting Mutual Aid Agreement between the parties concerned. The County and Requesting Participating Community shall not be liable for any costs incurred by the City pursuant to this Agreement upon the expiration or earlier termination of this Memorandum of Understanding. No Party shall be responsible for any delay or failure to perform its obligations under this Memorandum of Understanding where such delay or failure is due to causes or circumstances beyond its control 6.3 Restrictions on Compensation -The City warrants it shall not apply to, or receive monies from, the Requesting Participating Community for costs for which it has already been, or will be reimbursed by another organization, including another government, or agency thereof. The City shall be liable to return to the Requesting Participating Community any monies it receives from the Requesting Participating Community in contravention of this section. This section shall survive the expiry or termination of this Memorandum of Understanding. 6.4 Invoices - The City shall issue an invoice to the Requesting Participating Community in the approved form set out in Schedule "D" for authorized costs incurred by the City as part of the CBRNE/Hazmat Incident Response Team pursuant to this Memorandum of Understanding. Such invoice shall be issued within sixty (60) days from the date on which the CBRNE/Hazmat Incident Response Team ceases to be used in relation to an Incident, unless another date is agreed to in writing by both parties. The City shall supply the Requesting Participating Community with reasonable documentation required by the Participating Community in support of the invoice. ARTICLE 7: TERM, TERMINATION AND AMENDMENTS 7.1 Term -This Memorandum of Understanding shall enter into force on the date first above written and shall, subject to section 7.2 herein (Termination Clause), remain in effect until December 31, 2015. Unless a Party gives written notice of termination to the other Parties at least six (6) months prior to December 31, 2015, this Memorandum of Understanding shall be automatically renewed for a five (5) year period on the same terms and conditions. 7.2 Termination clause - This Memorandum of Understanding may be terminated as it relates to any Party hereto, at any time, upon such Party giving the other Parties six (6) months' written notice. 7.3 Termination of this Memorandum of Understanding shall not relieve any Party, including the Party invoking this termination clause, from any existing and outstanding obligation on its part that was incurred pursuant to this Memorandum of Understanding prior to the date of termination. 7.4 Amendments- Any changes to this Memorandum of Understanding and the current edition of the CBRNE Operating Manual, shall be in writing and shall be agreed to by the Parties before taking effect. ARTICLE 8: DISPUTE RESOLUTION 8.1 Dispute Resolution - Subject to Article 7 (Term, Termination and Amendments) herein, if any dispute arises between the Parties as to their respective rights and obligations under this Memorandum of Understanding, the representatives of the Parties named in section 2.1 herein (Notice) shall attempt to settle the dispute within fourteen (14) business days of the dispute arising. If the representatives of the disputing Parties are unable to resolve the dispute within fourteen (14) business days, the dispute shall be referred to the Fire Chief of the City, Fire Chief(s) of any involved Participating Communities, the Police Chief(s) of participating police services, and the Director and Chief of County of Simcoe Paramedic Services or one or more of their delegates for resolution. 8.2 Arbitration- In the event that mediation is not successful at resolving any dispute arising between the Parties with regard to this Memorandum of Understanding, then the dispute shall be resolved by in accordance with the Arbitration Act, 1991 (Ontario). Arbitration proceedings shall be commenced by any Party desiring arbitration (the "Initiating Party") giving notice to one or more Party(ies) (the "Responding Party(ies)") specifying the matter in dispute and requesting that it be arbitrated. The Parties concerned shall attempt to agree upon an arbitration procedure. If the parties cannot agree upon an arbitration procedure, the Initiating Party shall, by written notice to the Responding Party, designate an arbitrator. The Responding Party shall, within fifteen (15) days thereafter, be entitled to appoint an arbitrator by written notice to the Initiating Party, and the two (2) arbitrators so appointed shall meet and select a third arbitrator acceptable to both of them. If the Responding Party fails to appoint an arbitrator within the fifteen (15) day period, then the arbitration will proceed before the arbitrator appointed by the Initiating Party who will act as a sole arbitrator. If the two (2) arbitrators so appointed are unable to agree upon a third arbitrator, then the Initiating Party shall make an application to the appropriate court pursuant to the Arbitration Act, 1991 (Ontario) for the selection of a third arbitrator, and the provisions of the Arbitration Act, 1991 (Ontario) shall govern such selection. The resulting arbitration panel shall thereupon proceed to hear the submissions of the Parties concerned and shall render a decision within thirty (30) days after the appointment of the third arbitrator, if applicable. The decision of a majority of the arbitration panel shall be deemed to be the decision of the arbitration panel, and that decision shall be final and binding upon the parties and not subject to appeal. The arbitration panel shall have the authority to assess the costs of the arbitration panel against either or both of the parties; however, each Party concerned shall bear its own witness and counsel fees. ARTICLE 9: MEETINGS AND REPORTS 9.1 Annual Meeting - The representatives of the Parties (County CBRNE Working Group) shall meet at least once a year, or more frequently as they require, at a mutually agreed on location to: a) Review any use of the CBRNE/Hazmat Incident Response Team; b) Ensure that operating procedures, policies and strategies are current and consistent; c) Review all reports provided by the City under section 9.2 herein (Reports); d) Discuss any amendments required to the CBRNE Operating Manual; and e) Anything else agreed upon by the Parties. 9.2 Reports - The City shall be required to provide the County with a written report at least once a year, or more frequently as the County requests containing: a) Training that the City has provided to members of the CBRNE/Hazmat Incident Response Team; b) An account of all occasions on which the CBRNE/Hazmat Incident Response Team has been used; c) Other events where there was use or reliance on the expertise or capability of the CBRNE/Hazmat Incident Response Team; or, d) Anything else reasonably requested by the County. ARTICLE 10: GENERAL 10.1 Records- Each Party shall keep and maintain all records, reports, invoices and other documents relating to the use of the CBRNE Team, the equipment, the training and all costs incurred by such Party under this Memorandum of Understanding, in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by the County and PARTICIPATING COMMUNITIES and their agents for a period for seven (7) years from the date this Memorandum of Understanding expires or is terminated. The County and PARTICIPATING COMMUNITIES shall be able to inspect and to request a copy of any and all such records, invoices or other documents, as the case may be, for any purpose including the completion of an audit, on providing five (5) business days notice to the City. This clause shall survive the termination or expiry of this Memorandum of Understanding. 10.2 Confidential Information - The Parties agree that except where required by law, or for the purpose of performing duties or obligations under this Memorandum of Understanding, no Party shall directly or indirectly disclose, destroy, exploit or use, either during or after the term of this Memorandum of Understanding, any confidential information belonging to the other Party, unless the other Party has provided their written consent. The Parties further agree that when this Memorandum of Understanding terminates or expires, they shall return all confidential information belonging to any other Party. 10.3 Media - Each Party agrees that at no time shall it directly or indirectly communicate with the media in relation to this Memorandum of Understanding or any monies provided under the authority of this Memorandum of Understanding unless first providing written notice to the other Parties. The Parties shall further not publicize or issue any publications related to this Memorandum of Understanding unless they first notify the other party in writing. 10.4 No Waiver - The failure of the Parties to enforce at any time any of the provisions of this Memorandum of Understanding or any of its rights in respect thereto or to insist upon strict adherence to any term of this Memorandum of Understanding shall not be considered to be a waiver of such provision, right or term or in any way affect the validity of this Memorandum of Understanding. ARTICLE 11: ROLES AND RESPONSIBILITIES The roles and responsibilities of each Party with respect to any CBRNE/Hazmat Incident in which they are involved pursuant to this Memorandum of Understanding are outlined below: 11.1 City a) Barrie Fire and Emergency Service (BFES), upon arrival at an incident will assume complete control of the Hot Zones and Warm Zones at the scene. Entry to these zones will be at the sole discretion of BFES. Each Party hereto shall ensure that none of its employees, agents, representatives, or subcontractors, enters such zones without the approval of BFES upon their arrival. 11.2 Participating Community a) Recognize the nature of the Incident at a minimum NFPA 472 awareness-level response, take reasonable steps to identify the product involved, provide initial isolation and protection of the site, consult CANUTEC, determine the need for the Barrie Fire and Emergency Service CBRNE Team, and if a need is identified, provide them with appropriate information about the product and nature of the incident b) Provide an Incident Commander working within the Incident Command System to provide, subject to Article 11.1 herein, overall command of the Incident, working jointly with the Operations Chief from the Barrie Fire and Emergency Service CBRNE Team and the on-scene commanders of other responding agencies L When operationally possible, the Incident Commander will be an NFPA 472 IFSAC certified technician-level responder ii. When the above is not operationally possible, an NFPA 472 IFSAC certified technician-level responder will be available to the Incident Commander for consultation c) Provide up to two NFPA 472 awareness-level personnel to provide administrative and operational support to the CBRNE Incident Commander d) Provide a minimum of one NFPA 472 IFSAC certified technician-level responder for the incident management planning section and to advise the Incident Commander on technical matters as required e) With the assistance of the County Fire Coordinator, muster the required number (standard is ten) of NFPA 472 IFSAC certified operations-level personnel from among the Participating Communities, with priority given to those Participating Communities within the appropriate zone(s), to assist the Barrie Fire and Emergency Service CBRNE Team with decontamination processes; f) Report Incident to the Ontario Ministry of the Environment Spills Action Centre and, once incident has been mitigated, arrange for clean-up of the contaminant(s) through appropriate agencies 11.3 County of Simcoe Paramedic Services a) Responsible for responding to all potential or confirmed hazardous materials or CBRNE Incidents at a minimum NFPA 472 awareness-level response. Recognize the nature of the Incident and determine the medical needs and resources required. Coordinate these requests at the Incident site and establish communications with area hospitals, health unit, and other health agencies as required. b) Subject to operational exigencies, provide CBRNE-trained Paramedics as part of the Incident Response Unit deployment to provide advanced hazardous materials life support and medical oversight to patients and allied responders involved in the emergency. The Incident Response Unit will consist of a minimum of two NFPA 472 IFSAC certified operations-level Paramedics. c) Subject to operational exigencies, provide a minimum of one Platoon Supervisor to work within the Incident Command System at the Unified Command Level with direct support from one NFPA 472 IFSAC certified technician and Incident command-level Platoon Supervisor. d) Provide medical pre-entry and post-entry assessments of emergency responders and other workers required to don personal protective equipment and/or enter contaminated environments. Recommendations based on these medical assessments will be made through the Incident Command Structure. e) Subject to operational exigencies, provide one CBRNE-trained, NFPA 472 IFSAC certified operations-level Paramedic to the Planning Section to perform Incident evaluation and research and in consultation with the local Medical Officer of Health, to determine and provide direction on decontamination and patient management requirements to Incident Command. f) Under the direction of the Incident Commander, NFPA 472 IFSAC certified operations-level Paramedics will establish a Casualty Collection Point inside the Warm Zone to perform patient stabilization and triage for patients requiring decontamination. County of Simcoe Paramedic Services will utilize Ministry of Health, Provincial Directives and the CBRNE Emergency Health Response and Patient Care Guidelines for the County of Simcoe for medical management of patients in CBRNE Incidents or emergencies. See Figure 1. g) Provide post decontamination medical management and disposition of patients once released to the Cold Zone. h) On request from Incident Command, assist allied agencies where resources permit with decontamination and hazardous materials management based on NFPA 472 operations level and NFPA 473 standards. Figure 1 N,,t Zcrw'. Hot ZOnalwarm Zone Cola Lori P.7 Si~SZu'xE"i, .s 4aY5 Y Ii ` F ,n l z + ! Tr On Cmualty :._t- Ponr P r WarmZone Oewnlarni nation % P sc i ~ZxwEaKrv - E~.-RI ~F3 ti s t . .L . ® . t ~ l re 3 r R1 H - F Medical Managenwnl X I. t ~r F= r- "4"E r / rT ~i =;a~:az,, max. ~ u .r. •~x~,~ pre-6rilry hk+dL°al Assessment Frc-Enr v PlF~ A.TA ~ t.'n;dital !-caessmcnt 11.4 Simcoe Muskoka District Health Unit a) Assess health effects of an agent on potentially contaminated individuals and first responders, provide surveillance and case management for those exposed b) Working with County of Simcoe Paramedic Services, determine need for and method of decontamination of exposed individuals c) Conduct on-going community surveillance and case management for potentially exposed individuals d) Conduct environmental and public health risk assessments e) Liaise with appropriate agencies for environmental surety f) Restricted to Cold Zone operations 11.5 Barrie Police Service a) Provide consistent members to Barrie Fire & Emergency Service CBRNE Team. Subject to operational exigencies, these members will be CBRNE-trained, certified to the NFPA 472 IFSAC operations level b) Provide scene security, evidence preservation, note-taking in the Hot Zone and Warm Zone c) Provide technical expertise for other Hot Zone Incident Response Team members regarding hazards such as booby-traps and explosives 11.6 County a) Facilitate County CBRNE Working Group to coordinate post-Incident analysis and continuous improvement of the response capabilities of the CBRNE/Hazmat Incident Response Team b) Provide operational policy development support c) Provide Initial capital investment and provide ongoing financial support to maintain County- owned CBRNE equipment and to support annual training of Incident Response Team members d) Provide ongoing operational coordination of training, as required e) Provide annual exercise development support IN WITNESS WHEREOF each of the Parties hereto have executed the Memorandum of Understanding effective as of the date first above written. THE CORPORATION OF THE COUNTY OF SIMCOE Title: Clerk Date: day of , 2011 Date: day of , 2011 Title: Warden 1110 Highway 26 Barrie, Ontario LOL 1X0 THE CORPORATION OF THE CITY OF BARRIE Date: day of , 2011 Title: Clerk Title: Mayor P.O. Box 400 Barrie, Ontario L4N 4T5 BARRIE POLICE SERVICE Title: Chief of Police 29 Sperling Drive Barrie, Ontario L4M 6K9 PARTICPATING COMMUNITIES: TOWNSHIP OF ADJALA-TOSORONTIO Title: Clerk Title: Mayor Date: day of , 2011 Date: day of , 2011 Date: day of , 2011 Date: day of , 2011 7855 30 Sideroad Adjala, Ontario 1-911 1V1 TOWN OF BRADFORD WEST GWILLIMBURY Date: day of , 2011 Title: Clerk Title: Mayor P. O. Box 160 3541 Line 11 Bradford, Ontario L32 2A8 TOWNSHIP OF CLEARVIEW Date: day of , 2011 Date: day of , 2011 Title: Clerk Title: Mayor 217 Gideon Street Stayner, Ontario LOM 1S0 TOWN OF COLLINGWOOD Date: day of , 2011 Date: day of , 2011 Title: Clerk Title: Mayor Date: day of , 2011 97 Hurontario Street, PO Box 157 Collingwood, Ontario L9Y 325 TOWNSHIP OF ESSA Title: Clerk Title: Mayor 5786 County Road 21 Utopia, Ontario LOM 1T0 TOWN OF INNISFIL Title: Clerk Title: Mayor 2101 Innisfil Beach Road Innisfil, Ontario L9S 1A1 TOWN OF MIDLAND Title: Clerk Title: Mayor Date Date Date: Date: Date Date day of , 2011 day of , 2011 day of , 2011 day of , 2011 day of , 2011 day of , 2011 575 Dominion Avenue Midland, Ontario L411 1112 TOWN OF NEW TECUMSETH Title: Clerk Title: Mayor Box 910, 10 Wellington Street East Alliston, Ontario 1-911 1A1 CITY OF ORILLIA Title: Clerk Title: Mayor 50 Andrew Street South, Suite 300 Orillia, Ontario L3V 7T5 TOWNSHIP Titl Title: Mayor V 148 Line 7 South Oro, Ontario LOL 2X0 EDONTE Date: day of , 2011 Date: day of , 2011 Date: day of 2011 Date: day of , 2011 Date: day of , 2011 Date: day of , 2011 TOWNSHIP OF PENETANGUISHENE Title: Clerk Title: Mayor 10 Robert Street West, PO Box 5009 Penetanguishene, Ontario L9M 2G2 CHIPPEWAS OF RAMA FIRST NATION Title: Chief in Council 5884 Rama Road, Suite 200 Rama, Ontario LOK 1T0 TOWNSHIP OF SEVERN Title: Clerk Title: Mayor Date Date Date Date Date day of , 2011 day of , 2011 day of , 2011 day of , 2011 day of , 2011 PO Box 159 Orillia, Ontario L3V 6J3 TOWNSHIP OF SPRINGWATER Title: Clerk Title: Mayor 2231 Nursery Road Minesing, Ontario LOL 1Y2 TOWNSHIP OF TINY Title: Clerk Title: Mayor 130 Balm Beach Road West Perkinsfield, Ontario LOL 2.10 TOWN OF WASAGA BEACH Title: Clerk Title: Mayor Date: Date: Date: Date day of , 2011 day of 12011 day of , 2011 day of , 2011 Date: day of , 2011 Date: day of , 2011 30 Lewis Street Wasaga Beach, Ontario L9Z 1A1 SCHEDULE "A" EQUIPMENT PROVIDED BY THE PARTIES Attached to and forming part of the Memorandum of Understanding between THE CORPORATION OF THE COUNTY OF SIMCOE AND PARTICIPATING COMMUNITIES AND THE CORPORATION OF THE CITY OF BARRIE AND BARRIE POLICE SERVICE EQUIPMENT PROVIDED BY THE COUNTY OF SIMCOE As identified in the County of Simcoe CBRNE Equipment Inventory: a) Equipment deemed by the Barrie Fire and Emergency Service (BFES) to be appropriate for the decontamination of CBRNE-exposed patients and personnel; and that will meet the decontamination standards as set out in the NFPA 472 Hazardous Materials Response Standard; b) CBRNE-specific personal protective equipment (PPE), excluding self contained breathing apparatus, deemed by the BFES to be appropriate for personnel required to enter any contaminated area; and that will meet the PPE standards as set out in the NFPA 472 Hazardous Materials Response Standard c) Other CBRNE response equipment as appropriate d) Trailer for the storage and transportation of equipment referred to in section I, sub-sections (a), (b) and (c) as above e) While this Memorandum of Understanding is in force, the equipment specified in Schedule "A", section I, sub-sections (a), (b), (c) and (d) as above: will be in the care and control of BFES and maintenance, replacement, storage and rights of ownership issues will be dispensed pursuant to Article 4 (Equipment) of this Memorandum; and, the County reserves the right to inspect and inventory the equipment as operational requirements dictate. f) Pursuant to Schedule "B" (Personnel Provided by the Parties) of this Memorandum, accountability identification for all verified members of the CBRNE/Hazmat Incident Response Team g) Pursuant to Article 1, section 1.3 of this Memorandum, in the event that the City uses the County- owned Equipment and storage trailer for any purpose not related to the deployment of the CBNRE/Hazmat Incident Response Team, the City shall be liable for all related maintenance, repair and/or replacement costs of said Equipment and trailer. II. EQUIPMENT PROVIDED BY THE CITY OF BARRIE a) An apparatus to transport the County-owned CBRNE trailer and equipment to the incident b) Other apparatus necessary to transport personnel to the incident c) Certified self contained breathing apparatus (SCBA), excluding individually-fitted masks, for CBRNE/Hazmat Incident Response Team members from Barrie Police Service and County of Simcoe Paramedic Services, as operational requirements dictate d) Other BFES equipment required by the nature of the incident as determined by the BFES Operations Chief. III. EQUIPMENT PROVIDED BY THE PARTICIPATING COMMUNITY/ ZONE FIRE SERVICE(S) a) Service-specific response equipment appropriate to the nature of the Incident and pursuant to the relevant community profile identified in the Simcoe County Mutual Aid Program IV. EQUIPMENT PROVIDED BY THE BARRIE POLICE SERVICE a) Service-specific response equipment appropriate to the nature of the Incident b) Individually- fitted face masks compatible with Barrie Fire and Emergency Service self contained breathing apparatus V. EQUIPMENT PROVIDED BY COUNTY OF SIMCOE PARAMEDIC SERVICES a) Service-specific response equipment appropriate to the nature of the incident b) Individually- fitted face masks compatible with Barrie Fire and Emergency Service self contained breathing apparatus SCHEDULE "B" PERSONNEL PROVIDED BY THE PARTIES Attached to and forming part of the Memorandum of Understanding between THE CORPORATION OF THE COUNTY OF SIMCOE AND PARTICIPATING COMMUNITIES AND THE CORPORATION OF THE CITY OF BARRIE AND BARRIE POLICE SERVICE Provision of the following personnel will be subject to the operational exigencies of each Party at the time of the activation of the CBRNE/Hazmat Incident Response Team and the personnel requested by the Incident Commander in consultation with the Barrie Fire Services Operations Chief: 1. PERSONNEL PROVIDED BY THE CITY OF BARRIE a) A CBRNE/Hazmat Team provided by the City of Barrie consists of personnel trained, equipped and responding on appropriate municipal responding vehicles. The number of responding personnel will be determined by the nature of the incident in consultation between the City of Barrie and Requesting Communities, but will normally include one personnel acting in the capacity of Operations Chief trained to the NFPA 472 Technician Level, and operating under the authority of the Incident Commander PERSONNEL PROVIDED BY THE PARTICPATING COMMUNITY / ZONE a) One fire service personnel trained to the NFPA 472 Technician and Incident Command Level b) One additional fire service personnel trained to the NFPA 472 Technician Level c) Ten fire service personnel trained to the NFPA 472 Operations Level d) Two personnel trained to the NFPA 472 Awareness Level Ill. PERSONNEL PROVIDED BY BARRIE POLICE SERVICE a) Two police personnel trained to the NFPA 472 Technician Level IV. PERSONNEL PROVIDED BY THE COUNTY OF SIMCOE PARAMEDIC SERVICES a) Two paramedic personnel trained to the NFPA 472 Operations Level b) One paramedic supervisor trained to the NFPA 472 Technician Level SCHEDULE "C" TRAINING COSTS Attached to and forming part of the Memorandum of Understanding between THE CORPORATION OF THE COUNTY OF SIMCOE AND PARTICIPATING COMMUNITIES AND THE CORPORATION OF THE CITY OF BARRIE AND BARRIE POLICE SERVICE 1. Annual Training Costs a) Pursuant to Article 5 of this Memorandum, the County will include in its annual operating budget an amount to contribute to the training and exercise program of the CBRNE/Hazmat Incident Response Team. To the extent County Council approves to fund less than the full cost of training and exercises for the Incident Response Team in any calendar year, the unfunded balance of the costs will be shared on a pro rata basis by other Parties in proportion to the number of personnel trained from each such Party. b) The training and exercise program development and implementation will be coordinated by the Training Sub-Committee of the Simcoe County CBRNE Working Group in consultation with the Simcoe County Fire Chiefs Administration Group, County of Simcoe Paramedic Services and Barrie Police Service. All costs associated with training for which County financial support is sought must be approved in writing by the County prior to training or exercises taking place. CONSUMABLES USED DURING TRAINING a) Consumables (defined as including Level A and B suits, duct and chemtape, one-time use CBRNE kits, water, food, and ice, but not including Equipment) shall be replaced by the County of Simcoe if agreed upon by the Parties at the planning session held in advance of training. SCHEDULE "D" COST RECOVERY RATES Attached to and forming part of the Memorandum of Understanding between THE CORPORATION OF THE COUNTY OF SIMCOE AND PARTICIPATING COMMUNITIES AND THE CORPORATION OF THE CITY OF BARRIE AND BARRIE POLICE SERVICE CITY OF BARRIE COST RECOVERY RATES a) A CBRNE/Hazmat Team provided by the City of Barrie consists of personnel trained, equipped and responding on appropriate municipal responding vehicles. The number of responding personnel will be determined by the nature of the incident in consultation between the City of Barrie and requesting communities. The requesting PARTICIPATING COMMUNITY will reimburse the City for the salaries, benefits and overhead of personnel trained to the NFPA 472 standard as required. Costs related to personnel and apparatus will be pursuant to the current City of Barrie Fees and Services By-law. Additional costs for City equipment used shall also be subject to cost recovery. The requesting community, upon approval of the City's invoice, will immediately submit it for payment. b) The requesting PARTICIPATING COMMUNITY shall, additionally, reimburse the City for in-filling or 'call-in' costs incurred by the City resulting from replacing CBRNE/Hazmat Team members who have been deployed pursuant to this Memorandum. II. COST RECOVERY BY PARTICPATING COMMUNITIES a) Pursuant to the Ontario Environmental Protection Act, R.S.O. 1990, c. E.19 and its regulations, costs incurred by Participating Communities related to a response to a CBRNE incident may be recoverable from the person or entity liable for the spill. b) Additional CBRNE response resources may be available through the Province of Ontario. Prior to a request for said resources by a PARTICIPATING COMMUNITY, consideration should be given to the need for a local Declaration of Emergency pursuant to the Ontario Emergency Management and Civil Protection Act. III. CITY OF BARRIE COST RECOVERY PROCESS Sample Cover Letter (Date) Dear: Subject: Invoice for response to an incident at the -request of (Name of Participating Community) The following is a statement of charges for the CBRNE/Hazmat related incident on (date) located at (location) in (community of). Part A - Response of Staff and Apparatus: Response of (indicate number) personnel and apparatus for (indicate number) hours as per the agreed to costs in the memorandum of $000.00 understanding between the Parties. Cost incurred by the department to recall additional (indicate number) personnel for (indicate number) hours as per the agreed to costs in the $000.00 Memorandum of Understanding between the Parties. Total costs for Part A $000.00 *Personnel deployed/called back are paid 3 hours minimum per Barrie Fire collective agreement at 1.5 hourly wages. Part B - Costs Incurred at the Scene of the Incident Vehicles/apparatus costs (rates as per *City of Barrie Fees and Services By- law) $000.00 Equipment costs $000.00 Material costs $000.00 Additional Communications costs (additional dedicated dispatcher) $000.00 Other costs $000.00 Total costs for Part B $000.00 Please make payment to: City of Barrie PO Box 400 Barrie, Ontario L4N 4T5 *City of Barrie Fees and Services By-law updated annually. IV. PARTICIPATING COMMUNITY RESPONSE COSTS - PERSONNEL Name/Title Hours Total hours of all staff assigned to incident V. LOCAL CALL-BACK PERSONNEL COSTS Name/Title Hours Total hours of all staff assigned to incident Reason for call-back of personnel: VI. VEHICLE AND APPARATUS COSTS Vehicle/Apparatus Type Hrs. Rate Cost Totals: VII. EQUIPMENT COSTS Item Hrs. Rate Cost Totals: VIII. MATERIAL COSTS Item Hrs. Rate Cost Totals: IX. Additional COMMUNICATIONS COSTS Item Hrs. Rate Cost Totals: X. OTHER COSTS Item Hrs. Rate Cost Totals: