1999-108
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 1999-108
Being a By-law to authorize the Mayor and Clerk to execute an agreement with the
County of Simcoe for Wild Land Firefighting
(WILD LAND FIREFIGHTING AGREEMENT - SIMCOE COUNTY)
WHEREAS Section 207, Paragraph 1 ofThe Municipal Act, R.S.O. 1990 provides for
entering into agreements with any other municipality or person for the use of the
firefighting equipment, or any of it, of the municipality or of such other municipality or
person upon such terms and conditions and for such consideration based on cost as
may be agreed upon, but despite any such agreement no liability accrues to the
municipality or person for failing to supply the use of the firefighting equipment or any of
it:
AND WHEREAS the Councils of the Corporation of the Township of Oro-Medonte and
the Corporation of the County of Simcoe are desirous of entering into an Agreement for
the Township of Oro-Medonte Fire Department to provide wild land firefighting services
on all lands located within the Township and owned by the County of Simcoe, including
County forests and road allowances;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and desirable to pass a By-law to authorize the Mayor and Clerk to
execute an agreement with the County of Simcoe for Wild Land Firefighting;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign a Wild Land Firefighting
Agreement between the Corporation of the Township of Oro-Medonte and the
Corporation of the County of Simcoe, said Agreement attached hereto as Schedule
"A" and forming part of this bylaw.
2. That this By-law shall come into force upon final passing thereof.
By-law read a first and second time this 6th day of October 1999.
By-law read a third time and finally passed this 6th day of October 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
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WILDLAND FIREFIGHTING AGREEMENT
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as the "Township")
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and
THE CORPORATION OF THE COUNTY OF SIMCOE
(hereinafter referred to as the "County")
WHEREAS the Municipal Act, R.S.O. 1990, c.M45, as amended, permits municipalities to
enter into agreements for the joint administration of firefighting;
AND WHEREAS the County and the Township share certain equipment and manpower
that could be used for the joint benefit of each in responding to and fighting fires under
their respective authorities;
NOW THEREFORE WITNESSETH that in consideration of the above and the covenants
contained herein, the parties agree as follows:
DEFINITIONS:
1. For the purposes of this agreement, the following terms have the meanings ascribed
hereunder:
a) "Mutual Aid" - means an agreement among the participating municipalities that
have established fire department by-laws to provide assistance to other
participants on a reciprocal basis in the event of a major fire or emergency;
b) "Essential Responding Units" - means any required fire apparatus or support
units deemed required by the Fire Chief of the Township, or his designate;
c) "Fire Chief" - means the Fire Chief of the Township;
d) "Call" - means the time between the receipt of an alarm until the responding unit
is back in the service of the Township.
2. The Township agrees to provide its Fire Department for all necessary firefighting
action as their resources reasonably permit to fight and extinguish fires of any type
within the areas described below:
a) All lands within the municipal boundaries of the Township and owned by the
County, including the County forests;
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b) All roadways or road allowances within the municipal boundaries of the
Township under the Control of the County.
3. It is understood and agreed that the County will have and maintain caches of wild
land firefighting equipment for use by the Township and other Township Fire
Departments within the County. The County will purchase fire units to be stored:
a) Two in the Township of Springwater;
b) One in the Township of Oro-Medonte;
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c) One in the Township of Tiny; and
d) One in a Township to be chosen by the County.
Notwithstanding their location, all units will be available to any Township in any
emergency.
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4. The County shall pay to the Township for its fee in responding to calls on the land
described in section one above, the same fee or fee rate as established from time to
time by the Ministry of Transportation for highway calls.
5. In the event it is necessary to call upon Mutual Aid, the same fee schedule as set out
in paragraph number four above will be applied to all essential responding units. The
Township will be responsible for forwarding any fees collected from the County to
the other responding municipalities.
6. The Fire Chief will have full authority in managing a fire until all units have returned
to their stations or the fire has otherwise been declared out by the Fire Chief or
designate.
7. The County shall pay for any equipment rented or purchased to assist in
extinguishing a fire provided that such equipment rental or purchase has been
authorized by the Fire Chief or his/her designate.
8. The County shall post the number for the Fire Department of the Township, the tract
name and civic address on all of the designated County properties at locations
mutually agreed upon between the Township and the County and at the expense of
the County.
9. The County shall supply the Township an inventory of all of the properties meant to
be covered in paragraph two a) above, together with the locations of water sources
and the names and telephone numbers of responsible persons to contact in the event
of an emergency.
10. The County and the Township agree to indemnify and save harmless each other, their
officers, servants and agents from and against all claims, demands, costs, actions,
causes of action and expenses whatsoever, which may be taken or made against one
of them by the other for any loss, damage or injury including death, or any nature of
kind whatsoever arising out of or in consequence of any act, neglect or omission by
one against the other, their servants or agents in relation to fire suppression activity
undertaken by one at the request of the other, pursuant to this agreement.
11. This agreement may be terminated by either party upon the giving of thirty (30) days
written notice to the following address:
a) For the County:
Helen MacRae
County Clerk
County Administration Centre
Midhurst, ON LOL 1XO
b) For the Township:
Lynda Aiken
Clerk
Oro-Medonte Administration Centre
Box 100
Ora, ON LOL 2XO
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But otherwise, this agreement shall continue from year to year until so terminated.
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12. This agreement comes into effect when confirmed by by-law of the Councils of the
respective parties and signed by the appropriate officers.
DATED:
DATED:
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Ian Beard, Mayor
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Lynda Aiken, Clerk
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THE CORPORATION OF THE
COUNTY OF SIMCOE
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CfIeIen Coutts, War&;
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Helen ~ ae, Clerk -
Mun. Dept./Clerk/Wildland Firefighting Agreement Sept. 99