2016-163 Authorize the Execution of a Regional Mutual Assistance AgreementThe Corporation of the Township of Oro-Medonte
By -Law No. 2016-163
Being a By -Law to Authorize the Execution of a
Regional Mutual Assistance Agreement
Whereas Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9,
Section 13(3), provides that the council of a municipality may make an agreement with
the council of any other municipality or with any person for the provision of any
personnel, service, equipment or material during an emergency.
And Whereas the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended,
states 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 Council deems it expedient to enter into a Mutual Assistance
Agreement.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the Mayor and Clerk be authorized to execute the Mutual Assistance
Agreement 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 9t" day of
November, 2016.
The Corporation of the Township of Oro-Medonte
, H."ughes
las Irwin
Schedule 'A to By -Law No. 90 D -lh3
Mutual Assistance Agreement
THIS MUTUAL ASSISTANCE AGREEMENT
Made this day of ',cU, 2016.
For the participating Municipalities, First Nations, and
Separated Cities within and including
The Corporation of the County of Simcoe
WHEREAS the Emergency Management & Civil Protection Act, RSO 1990,
Section 13(3), provides that the Council of a first nation/municipality or county may make
an agreement with another first nation/municipality or county for the provision of any
personnel, service, equipment or material during an Emergency;
AND WHEREAS the parties wish to provide for mutual aid and assistance to
each other through the provision of personnel, services, equipment or material to one or
the other within the meaning of the Emergency Management & Civil Protection Act;
AND WHEREAS the parties have Emergency Plans pursuant to the Emergency
Management & Civil Protection Act;
NOW THEREFORE in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Definitions
1.1 In this Agreement,
1.1.1 "Assisted first nation/municipality" means the participating first
nation/municipality, and separated cities within and including The
Corporation of the County of Simcoe as listed in Schedule B, receiving
aid or assistance pursuant to this Agreement;
1. 1.2 "Assisting first nation/municipality" means the participating first
nation/municipality, and separated cities within and including The
Corporation of the County of Simcoe as listed in Schedule B, providing
aid or assistance pursuant to this Agreement;
1.1.3 "Emergency", "Emergency Area" and "Emergency Plan" shall have the
same meanings as in the Emergency Plans Act;
1. 1.4 "Mutual Assistance Agreement" means this Agreement and the attached
Schedule(s) which embody the entire Agreement between the parties;
1.1.5 "Requesting Party" means the first nation/municipality or county asking
for aid, assistance or both pursuant to this Agreement;
1.1.6 "Emergency Control Group" means the organizational entity responsible
for directing and controlling the Assisted first nation/municipality's
response to an Emergency.
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2. Role of the Solicitor General
2.1 The parties acknowledge that pursuant to the Emergency Management & Civil
Protection Act (the "Act"), the Ministry of Community Safety & Correctional
Services for the Province of Ontario, through the Office of the Fire Marshal and
Emergency Management (OFMEM) is responsible for the administration of the
Act and is the principal contact for all Emergencies.
2.2 The parties further agree that the Ministry of Community Safety & Correctional
Services should be notified in writing of any request made under this
Agreement. The Requesting Party agrees to notify as soon as reasonably
practicable, the Office of the Fire Marshal and Emergency Management
(OFMEM), Ministry of Community Safety & Correctional Services on the matter
of any request for assistance made under this Agreement.
3. Authorization to Request/Offer Assistance
3.1 Each party hereby authorizes its Chief Administrative Officer .(hereinafter
"CAO"), (or such other senior officer of the party as the party has designated
by by-law) to request assistance, accept offers to provide, or to offer to provide
assistance pursuant to this Agreement on behalf of that party.
4. Requests for Assistance
4.1 The parties agree that in an Emergency, a Requesting Party may request
assistance in the form of qualified personnel, Emergency Operations Centre,
services, equipment, or material from the other party.
Each first nation/municipality currently has a Fire Department that is part of
an existing Mutual Aid Agreement. The Fire Departments will continue to
follow their existing Mutual Aid Agreement procedures.
Each first nation/municipality currently have Police Services and as such, any
requests for assistance shall be done through the appropriate Police Services
Official.
For each first nation/municipality that has their own EMS Service, requests for
assistance shall be done through the appropriate EMS Official.
4.2 The request for assistance shall be made by the CAO of the Requesting Party
to the CAO of the Assisting first nation/municipality. The CAO may make
the initial request for assistance orally. However, any request for
assistance made orally shall be confirmed in writing by the Requesting Party
within three (3) days of the initial oral request. The Assisting first nation
/municipality may provide assistance to the other party upon receipt of
the oral request.
4.3 The request for assistance shall be confirmed in writing as soon as
reasonably practicable by the Requesting Party in accordance with Schedule
"A" attached hereto. The written request shall set out in detail the specific
personnel, services, equipment or material that has been requested as
assistance, and which the Assisting first nation/municipality has agreed to
provide. The Assisting first nation/municipality may request such reasonable
additional information as it considers necessary to confirm the existence of
the Emergency and to assess the type, scope, nature and amount of assistance
to be provided.
4.4 The Assisting first nation/municipality shall respond to the request within 1
day, and may in its sole discretion determine the type and scope, nature and
amount of assistance it will provide. The Assisting first nation/municipality
shall confirm in writing the assistance it has agreed to provide.
4.5 The parties may by mutual agreement amend the assistance to be provided to
the Assisted first nation/municipality under this Agreement. Amendments to
the scope, type, nature or amount of assistance shall be confirmed in writing
by the Requesting Party within three (3) days of being agreed upon.
5. Limitations on Assistance Provided
5.1 Nothing in this Agreement shall require or obligate or be construed to require
or obligate a party to provide assistance. Each party shall retain the right to
refuse the request to provide assistance, and the right to offer options to the
assistance that has been requested.
5.2 No liability shall arise against the Assisting first nation/municipality if it fails,
for any reason whatsoever, to respond to a request for assistance made under
this Agreement.
5.3 When assistance has been offered or provided by the Assisting first
nation/municipality, the Assisting first nation/municipality shall not be
obligated to provide any further assistance orto do anything or take any action
beyond that which is specifically agreed to by the acceptance of the request
for assistance.
5.4 Nothing in this Agreement shall prevent the Assisting first nation/municipality,
in its sole discretion, from withdrawing any or all assistance provided to the
Assisted first nation/municipality. Any withdrawal of assistance by the
Assisting first nation/municipality shall be made only upon at least forty-eight
(48) hours' notice to the Assisted first nation/municipality, unless the Assisting
first nation/municipality is responding to an actual or pending Emergency
within its own geographical boundaries, in which case it may withdraw
assistance from the Assisted first nation/municipality without notice.
5.5 The Assisted first nation/municipality may determine in its sole discretion that
its requirement for assistance has ceased and shall notify the Assisting first
nation/municipality of this in writing.
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6. Term and Termination
6.1 This Agreement shall be in effect from the date on which the second Party
signs the Agreement.
6.2 Despite any other section of this Agreement, either party may terminate this
Agreement upon at least sixty (60) days' written notice to the other party.
7. Costs
7.1 The Parties agree that any and all direct and indirect costs, including taxes,
incurred by either Party in providing the assistance and support
contemplated by this Agreement are to be paid by the Assisted first nation/
municipality. The Assisted first nation/municipality shall be responsible to pay
for and to reimburse the Assisting first nation/municipality for any and all
actual costs incurred by the Assisting first nation/municipality in providing
the assistance. Such costs shall include: all wages and salaries of personnel,
including overtime, shift premium, and similar charges and expenses incurred,
together with those wages, salaries, overtime and shift premium charges plus
an allowance for benefit costs of 25% incurred by the Assisting first
nation/municipality to meet its own staffing requirements in its home
jurisdiction during the period it is responding to the Assisted first
nation/municipality's call for assistance, providing all such costs are
reasonable in the circumstances.
7.2 The Assisted first nation/municipality shall also be responsible for all actual
operating costs for all personnel, services, equipment, machinery or
material furnished, including, but not limited to, costs of fuel, repairs, parts
and any and all other items directly attributable to the operation of
equipment and machinery, services and material furnished as assistance to
the Assisted first nation/municipality under this Agreement. The
Assisted first nation/municipality shall be responsible for the cost of
replacing equipment or material furnished by the Assisting first nation
/municipality if damaged beyond reasonable repair.
7.3 The Assisting first nation/municipality shall provide to the Assisted first
nation/municipality, if practical, an estimate of the cost of providing the
assistance.
8. Payment
8.1 Payment by the Assisted first nation/municipality for costs incurred for the
Assistance provided shall be subject to the Assisted first nation/municipality's
receipt of an invoice from the Assisting first nation/municipality. Such invoice
shall set out in sufficient detail the costs actually incurred by the Assisting first
nation/municipality in providing assistance, and where practically available,
receipts for disbursements shall be forwarded in support of the invoice.
8.2 The Assisted first nation/municipality shall remit payment of the amount owing
for the assistance provided within thirty (30) days of the receipt of the
Assisting first nation/municipality's invoice.
8.3 Any amount remaining unpaid and outstanding after the thirty (30) day period
referred to in sub -section 8.2 of this Agreement shall bear interest at the rate
stipulated in the Assisting first nation/municipality's invoice, which rate shall
not exceed the Bank of Canada bank rate at the date of the invoice plus two
(2) per cent per annum until paid.
9. Employment Relationship
9.1 Despite that the employees, contractors, servants and agents (collectively "the
workers") of the Assisting first nation/municipality may be assigned to perform
duties for the Assisted first nation/municipality, and that for the duration of
the Emergency, the Assisted first nation/municipality shall reimburse the
Assisting first nation/municipality for the costs of the wages, salaries and
expenses of the workers, in all other respects the workers of the Assisting first
,nation/municipality retain their employment or contractual relationship with
the Assisting first nation/municipality. The parties acknowledge and agree
that the Assisted first nation/municipality is not to be deemed the employer of
the Assisting first nation/municipality's employees, agents, or contractors or
servants, under any circumstances or for any purpose whatsoever. The
Assisting first nation/municipality shall remain responsible for all statutorily
required deductions, contributions and/or payments, such as E.I. CPP, etc.
10. Indemnity
10.1 The Assisted first nation/municipality shall indemnify and save harmless the
Assisting first nation/municipality from all claims, costs, all manner of action
or actions, cause and causes of action, accounts, covenants, contracts,
demands or other proceedings of every kind or nature whatsoever at law or in
equity arising out of this Agreement and out of assistance provided pursuant
to this Agreement. The indemnity herein provided shall include all costs,
including but not limited to duties, dues, accounts, demands, penalties, fines
and fees.
11.Insurance
11.1 During the term of this Agreement, each party shall obtain and maintain in full
force and effect, general liability insurance issued by an insurance company
authorized by law to carry on business in the Province of Ontario, providing
for, without limitation, coverage for personal injury, public liability and
property damage. Such policy shall:
11.1.1 Have inclusive limits of not less than Five Million Dollars ($5,000,000)
for injury, loss or damage resulting from any one occurrence;
11.1.2 Contain a cross -liability clause endorsement and severability of
interests clause of standard wording;
11.1.3 Name the other party as an additional insured with respect to any claim
arising out of the Assisted first nation/municipality's obligations under
this Agreement or the Assisting first nation/municipality's provision of
personnel, services, equipment or material pursuant to this
Agreement; and
11.1.4 Upon request of the other party, provide proof of insurance if so
required in a form satisfactory to the other party's CAO.
11.1.5 Include a Non -Owned Automobile endorsement.
11.2 During the term of this Agreement, each party shall obtain and maintain in full
force and effect, automobile liability insurance in the amount of Two Million
Dollars ($2,000,000.00) for injury, loss or damage resulting from any one
occurrence.
11.3 In the case of any conflict between the provisions of this document and any
other provisions speaking to contractual indemnity or insurance clauses, the
provisions of this Agreement will govern.
12. Collective Agreements
12.1 Each Party agrees to review the provisions of this Agreement with its
appropriate local bargaining units for the purpose of seeking amendments to
local agreements, if necessary, to reflect the terms of this Agreement. Each
party further agrees to advise the other party as soon as practically possible
if it becomes aware of any impediments or obstacles imposed by local
agreements to meeting its obligations under this Agreement.
13. Liaison and Supervision
13.1 The Assisting first nation/municipality shall have the right, to be exercised in
its sole discretion, to assign an employee or agent (the "Liaison Officer") of
the Assisting first nation/municipality to the Emergency Control Group of the
Assisted first nation/municipality. The Liaison Officer shall provide a liaison
between the Assisting first nation/municipality and the Emergency Control
Group of the Assisted first nation/municipality. The parties acknowledge that
the purpose of the Liaison Officer shall be to permit communication between
the Assisted and Assisting first nation/municipalities. Subject to the Municipal
Freedom of Information and Protection of Privacy Act, the Liaison Officer shall
be permitted to inform the Assisting first nation/municipality on the status of
the Emergency and the actions taken by the Assisted first nation/municipality.
The Liaison Officer shall have the right to obtain information about the
Emergency and the use of the assistance provided in order to report to the
Assisting first nation/municipality during and after the duration of the
assistance provided and the Emergency. The Assisting first
nation/municipality shall keep confidential and not disclose any information
concerning the emergency or the assistance provided without the prior consent
of the Assisted first nation/municipality.
13.2 The Assisting first nation/municipality shall assign its personnel to perform
tasks as directed by the Emergency Control Group of the Assisted first
nation/municipality. The Assisting first nation/municipality shall have the right
to assign supervisory personnel to operate or supervise the operation of any
of the Assisting first nation/municipality's personnel and or equipment
furnished as assistance to the Assisted first nation/municipality. Such
supervision shall be in accordance with the instructions of the Emergency
Control Group.
14. Information Sharing
14.1 Subject to the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA), the parties agree to share with each other, information lists or
databases detailing the amount, type, capability, and characteristics of
personnel, services, equipment or material in the possession of each party,
which may be available to the requesting party under this agreement. Such
sharing of information shall occur upon the execution of this Agreement and
the parties, on mutual agreement, shall update these information lists from
time to time.
15. Food and Lodging
15.1 For the duration of the assistance provided under this Agreement, the Assisted
first nation/municipality shall be responsible for providing all food, lodging and
accommodation required by the personnel furnished pursuant to this
Agreement. Where food and lodging cannot be provided in-kind, the Assisted
first nation/municipality shall pay a reasonable per diem to personnel for any
food and lodging purchased by personnel of the Assisting first
nation/municipality. The per diem shall be no less than the Assisted first
nation/municipality pays to its own employees as a matter of policy or
agreement.
16. Notice
16.1 If not otherwise provided in this Agreement, written notice given pursuant to
this Agreement must be addressed, in the case of notice to the Corporation of
the County of Simcoe to:
The Chief Administrative Officer
The Corporation of the County of Simcoe
1110 Highway 26 Midhurst, Ontario
LOL 1X0
...and in the case of participating communities
to the relevant Chief Administration Officer(s).
16.2 If hand delivered, the notice is effective on the date of delivery; if faxed, the
notice is effective on the date and time the fax is sent; if sent by electronic
mail, the notice is effective on the date sent; and if mailed, the notice is
deemed to be effective on the fifth business day following the day of mailing.
16.3 Any notice given shall be sufficiently given if signed by the CAO or by a person
authorized by or acting under the direction or control of the CAO.
17. Rights and Remedies
17.1 Nothing contained in this Agreement shall be construed as restricting or
preventing either party from relying on any right or remedy otherwise available
to it under this Agreement, at law or in equity in the event of any breach of
this Agreement.
18. Binding Effect
18.1 This Agreement shall ensure to the benefit of, and be binding upon the parties
and their respective successors, administrators and assigns.
18.2 This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third parties, and no third party shall have any right of action
arising in any way or manner under this Agreement for any cause whatsoever.
19. Incorporation of Schedules
19.1 This Agreement and the attached Schedule "A", (together with the lists and
information exchanged pursuant to Section 14) embody the entire Agreement.
20. Provisions Surviving Termination
20.1 Sections 2, 5.2, 7, 8, 9, 10, 11, 16, 17, 20, 21 and 22 of this Agreement shall
survive termination of this Agreement.
21. Governing law
21.1 The parties agree to be governed by the laws of the Province of Ontario and
Canada.
22. Arbitration
22.1 The Parties herein agree that in the event of any dispute arising under or
pursuant to this Agreement, which dispute cannot be resolved by the mutual
agreement of the Parties' CAOs, the CAOs shall refer the dispute to the
respective Chairs of the Parties for resolution. In the event that the Chairs
cannot resolve the dispute, either Party may, on providing ninety (90) days'
written notice to the other, refer the dispute to a third party arbitrator of their
mutual choice for resolution. Such arbitration shall be conducted pursuant to
the Arbitration Act, 1991, S.O. 1991 c. 17, as amended.
IN WITNESS WHEREOF the parties have executed this Agreement.
The Corporation of the County of Simcoe
Gerry Marshall, Warden
Daly,
FEB 2 1 2017
Dated
Township of Adjala-Tosorontio
Mary Small Brett, Mayor
Barb Kane, Clerk
Dated
City of Barrie
Jeff Lehman, Mayor
Dawn McAlpine, Clerk
Dated
W
AUTHORIZED BY BY-LAW NO. 6503 PASSED BY
THE COUNCIL OF THE CORPORATION OF THE
COUNTY OF SIMCOE ON NOVEMBER 10, 2015.
Beausoleil First Nation
Mary McCue -King, Chief in Council
Dated
Town of Bradford West Gwillimbury
Rob Keffer, Mayor
Rebecca Murphy, Clerk
Dated
Chippewas of Rama First Nation
Rodney Noganosh, Chief in Council
Dated
KII
Township of Clearview
Christopher Vanderkruys, Mayor
Pamela Fettes, Clerk
Dated
Town of Collingwood
Sandra Cooper, Mayor
Sarah Almas, Clerk
Dated
Township of Essa
Terry Dowdall, Mayor
Bonnie Sander, Clerk
Dated
11
Town of Innisfil
Gord Wauchope, Mayor
Lee Parkin, Clerk
Dated
Town of Midland
Gord McKay, Mayor
Andrea Fay, Clerk
Dated
Town of New Tecumseth
Rick Milne, Mayor
Cindy Maher, Clerk
Dated
12
City of Orillia
Steve Clarke, Mayor
Gayle Jackson, Clerk
Dated
Township of Oro-Medonte
Cl
Town of Penetanguishene
Gerry Marshall, Mayor
Jeff Lees, Clerk
Dated
13
Township of Ramara
Basil Clarke, Mayor
Jennifer Connor, Clerk
Dated
Township of Severn
Mike Burkett, Mayor
Sharon Goerke, Clerk
Dated
Township of Springwater
Bill French, Mayor
Renee Chaperon, Clerk
Dated
14
Township of Tay
Scott Warnock, Mayor
Alison Thomas, Clerk
Dated
Township of Tiny
George Cornell, Mayor
Doug Luker, Clerk
Dated
Town of Wasaga Beach
Brian Smith, Mayor
Holly Bryce, Clerk
Dated
15
SCHEDULE"A"
Mutual Assistance Agreement -Request for Assistance from Participating
Community
I, , Chief Administrative Officer/ Designated Official
of duly authorized to do so by the
Council of do hereby request
Participating Community:
to provide assistance in the form of:
PERSONNEL
SERVICES
EQUIPMENT
MATERIAL
AS IS MORE PARTICULARLY SET OUT IN DETAIL AS FOLLOWS:
The above confirms the assistance verbally requested on
which assistance
, and
has agreed to provide.
Dated at this _day of 2016.
Chief Administrative Officer/ Designated Official
Participating Community:
SCHEDULE "B"
M.
List of Municipalities, First Nations, and Separated Cities within and including The
Corporation of the County of Simcoe, participating in the Mutual Assistance Agreement:
County of Simcoe
Township of Adjala-Tosorontio
City of Barrie
Beausoleil First Nation
Town of Bradford West Gwillimbury
Chippewas of Rama First Nation
Township of Clearview
Town of Collingwood
Township of Essa
Town of Innisfil
Town of New Tecumseth
City of Orillia
Township of Oro-Medonte
Town of Penetanguishene
Township of Ramara
Township of Severn
Township of Springwater
Township of Tay
Township of Tiny
Town of Wasaga Beach
17
Mutual Assistance Agreement IFIEOTR E ppy
THIS MUTUAL ASSISTANCE AGREEMENTZOU-�COUNTYCLERK
COUNTY OF SIMCOE
Made this L day of ]DQC ��C' , 2017.
Between the participating Municipalities, First Nations, and
Separated Cities within and including
The Corporation of the County of Simcoe
WHEREAS the Emergency Management & Civil Protection Act, RSO 1990,
Section 13(3), provides that the Council of a first nation/municipality or county may make
an agreement with another first nation/municipality or county for the provision of any
personnel, service, equipment or material during an Emergency;
AND WHEREAS the parties wish to provide for mutual aid and assistance to
each other through the provision of personnel, services, equipment or material to one or
the other within the meaning of the Emergency Management & Civil Protection Act;
AND WHEREAS the parties have Emergency Plans pursuant to the Emergency
Management & Civil Protection Act;
NOW THEREFORE in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Definitions
1.1 In this Agreement,
1.1.1 "Assisted first nation/municipality" means the participating first
nation/municipality, and separated cities within and including The
Corporation of the County of Simcoe as listed in Schedule B, receiving
aid or assistance pursuant to this Agreement;
1.1.2 "Assisting first nation/municipality" means the participating first
nation/municipality, and separated cities within and including The
Corporation of the County of Simcoe as listed in Schedule B, providing
aid or assistance pursuant to this Agreement;
1.1.3 "Emergency", "Emergency Area" and "Emergency Plan" shall have the
same meanings as in the Emergency Management & Civil Protection Act;
1.1.4 "Mutual Assistance Agreement" means this Agreement and the attached
Schedule(s) which embody the entire Agreement between the parties;
1.1.5 "Requesting Party" means the first nation/municipality or county asking
for aid, assistance or both pursuant to this Agreement;
1.1.6 "Emergency Control Group" means the organizational entity responsible
for directing and controlling the Assisted first nation/municipality's
response to an Emergency.
1
2. Role of the Solicitor General
2.1 The parties acknowledge that pursuant to the Emergency Management & Civil
Protection Act (the "Act"), the Ministry of Community Safety & Correctional
Services for the Province of Ontario, through the Office of the Fire Marshal and
Emergency Management (OFMEM) is responsible for the administration of the
Act and is the principal contact for all Emergencies.
2.2 The parties further agree that the Ministry of Community Safety & Correctional
Services should be notified in writing of any request made under this
Agreement. The Requesting Party agrees to notify as soon as reasonably
practicable, the Office of the Fire Marshal and Emergency Management
(OFMEM), Ministry of Community Safety & Correctional Services on the matter
of any request for assistance made under this Agreement.
3. Authorization to Request/Offer Assistance
3.1 Each party hereby authorizes its Chief Administrative Officer (hereinafter
"CAO"), (or such other senior officer of the party as the party has designated
by by-law) to request assistance, accept offers to provide, or to offer to provide
assistance pursuant to this Agreement on behalf of that party.
4. Requests for Assistance
4.1 The parties agree that in an Emergency, a Requesting Party may request
assistance in the form of qualified personnel, Emergency Operations Centre,
services, equipment, or material from the other party.
Each first nation/municipality currently has a Fire Department that is part of
an existing Mutual Aid Agreement. The Fire Departments will continue to
follow their existing Mutual Aid Agreement procedures.
Each first nation/municipality currently have Police Services and as such, any
requests for assistance shall be done through the appropriate Police Services
Official.
For each first nation/municipality that has their own EMS Service, requests for
assistance shall be done through the appropriate EMS Official.
4.2 The request for assistance shall be. made by the CAD of the Requesting Party
to the CAD of the Assisting first nation/municipality. The CAO may make
the initial request for assistance orally. However, any request for
assistance made orally shall be confirmed in writing by the Requesting Party
within three (3) days of the initial oral request. The Assisting first nation
/municipality may provide assistance to the other party upon receipt of
the oral request.
2
4.3 The request for assistance shall be confirmed in writing as soon as
reasonably practicable by the Requesting Party in accordance with Schedule
A attached hereto. The written request shall set out in detail the specific
personnel, services, equipment or material that has been requested as
assistance, and which the Assisting first nation/municipality has agreed to
provide. The Assisting first nation/municipality may request such reasonable
additional information as it considers necessary to confirm the existence of
the Emergency and to assess the type, scope, nature and amount of assistance
to be provided.
4.4 The Assisting first nation/municipality shall respond to the request within 1
day, and may in its sole discretion determine the type and scope, nature and
amount of assistance it will provide. The Assisting first nation/municipality
shall confirm in writing the assistance it has agreed to provide.
4.5 The parties may by mutual agreement amend the assistance to be provided to
the Assisted first nation/municipality under this Agreement. Amendments to
the scope, type, nature or amount of assistance shall be confirmed in writing
by the Requesting Party within three (3) days of being agreed upon.
5. Limitations on Assistance Provided
5.1 Nothing in this Agreement shall require or obligate or be construed to require
or obligate a party to provide assistance. Each party shall retain the right to
refuse the request to provide assistance, and the right to offer options to the
assistance that has been requested.
5.2 No liability shall arise against the Assisting first nation/municipality if it fails,
for any reason whatsoever, to respond to a request for assistance made under
this Agreement.
5.3 When assistance has been offered or provided by the Assisting first
nation/municipality, the Assisting first nation/municipality shall not be
obligated to provide any further assistance or to do anything or take any action
beyond that which is specifically agreed to by the acceptance of the request
for assistance.
5.4 Nothing in this Agreement shall prevent the Assisting first nation/municipality,
in its sole discretion, from withdrawing any or all assistance provided to the
Assisted first nation/municipality. Any withdrawal of assistance by the
Assisting first nation/municipality shall be made only upon at least forty-eight
(48) hours' notice to the Assisted first nation/municipality, unless the Assisting
first nation/municipality is responding to an actual or pending Emergency
within its own geographical boundaries, in which case it may withdraw
assistance from the Assisted first nation/municipality without notice.
5.5 The Assisted first nation/municipality may determine in its sole discretion that
its requirement for assistance has ceased and shall notify the Assisting first
nation/municipality of this in writing.
3
6. Term and Termination
6.1 This Agreement shall be in effect from the date on which the second Party
signs the Agreement.
6.2 Despite any other section of this Agreement, any party may terminate its
participation in this Agreement upon at least sixty (60) days' written notice to
the othef parties.
7. Costs
7.1 The Parties agree that any and all direct and indirect costs, including taxes,
incurred by either Party in providing the assistance and support
contemplated by this Agreement are to be paid by the Assisted first nation/
municipality. The Assisted first nation/municipality shall be responsible to pay
for and to reimburse the Assisting first nation/municipality for any and all
actual costs incurred by the Assisting first nation/municipality in providing
the assistance. Such costs shall include: all wages and salaries of personnel,
including overtime, shift premium, and similar charges and expenses incurred,
together with those wages, salaries, overtime and shift premium charges plus
an allowance for benefit costs of 25% incurred by the Assisting first
nation/municipality to meet its own staffing requirements in its home
jurisdiction during the period it is responding to the Assisted first
nation/municipality's call for assistance, providing all such costs are
reasonable in the circumstances.
7.2 The Assisted first nation/municipality shall also be responsible for all actual
operating costs for all personnel, services, equipment, machinery or
material furnished, including, but not limited to, costs of fuel, repairs, parts
and any and all other items directly attributable to the operation of
equipment and machinery, services and material furnished as assistance to
the Assisted first nation/municipality under this Agreement. The
Assisted first nation/municipality shall be responsible for the cost of
replacing equipment or material furnished by the Assisting first nation
/municipality if damaged beyond reasonable repair.
7.3 The Assisting first nation/municipality shall provide to the Assisted first
nation/municipality, if practical, an estimate of the cost of providing the
assistance.
8. Payment
8.1 Payment by the Assisted first nation/municipality for costs incurred for the
Assistance provided shall be subject to the Assisted first nation/municipality's
receipt of an invoice from the Assisting first nation/municipality. Such invoice
shall set out in sufficient detail the costs actually incurred by the Assisting first
nation/municipality in providing assistance, and where practically available,
receipts for disbursements shall be forwarded in support of the invoice.
8.2 The Assisted first nation/municipality shall remit payment of the amount owing
for the assistance provided within thirty (30) days of the receipt of the
Assisting first nation/municipality's invoice.
9
8.3 Any amount remaining unpaid and outstanding after the thirty (30) day period
referred to in sub -section 8.2 of this Agreement shall bear interest at the rate
stipulated in the Assisting first nation/municipality's invoice, which rate shall
not exceed the Bank of Canada bank rate at the date of the invoice plus two
(2) per cent per annum until paid.
9. Employment Relationship
9.1 Despite that the employees, contractors, servants and agents (collectively "the
workers") of the Assisting first nation/municipality may be assigned to perform
duties for the Assisted first nation/municipality, and that for the duration of
the Emergency, the Assisted first nation/municipality shall reimburse the
Assisting first nation/municipality for the costs of the wages, salaries and
expenses of the workers, in all other respects the workers of the Assisting first
nation/municipality retain their employment or contractual relationship with
the Assisting first nation/municipality. The parties acknowledge and agree
that the Assisted first nation/municipality is not to be deemed the employer of
the Assisting first nation/municipality's employees, agents, or contractors or
servants, under any circumstances or for any purpose whatsoever. The
Assisting first nation/municipality shall remain responsible for all statutorily
required deductions, contributions and/or payments, such as E.I. CPP, etc.
10. Indemnity
10.1 The Assisted first nation/municipality shall indemnify and save harmless the
Assisting first nation/municipality from all claims, costs, all manner of action
or actions, cause and causes of action, accounts, covenants, contracts,
demands or other proceedings of every kind or nature whatsoever at law or in
equity arising out of this Agreement and out of assistance provided pursuant
to this Agreement. The indemnity herein provided shall include all costs,
including but not limited to duties, dues, accounts, demands, penalties, fines
and fees.
11.Insurance
11.1 During the term of this Agreement, each party shall obtain and maintain in full
force and effect, general liability insurance issued by an insurance company
authorized by law to carry on business in the Province of Ontario, providing
for, without limitation, coverage for personal injury, public liability and
property damage. Such policy shall:
11.1.1 Have inclusive limits of not less than Five Million Dollars ($5,000,000)
for injury, loss or damage resulting from any one occurrence;
11.1.2 Contain a cross -liability clause endorsement and severabiiity of
interests clause of standard wording;
11.1.3 Name the other party as an additional insured with respect to any claim
arising out of the Assisted first nation/municipality's obligations under
this Agreement or the Assisting first nation/municipality's provision of
personnel, services, equipment or material pursuant to this
s
Agreement; and
11.1.4 Upon request of the other party, provide proof of insurance if so
required in a form satisfactory to the other party's CAO.
11.1.5 Include a Non -Owned Automobile endorsement.
11.2 During the term of this Agreement, each party shall obtain and maintain in full
force and effect, automobile liability insurance in the amount of Two Million
Dollars ($2,000,000.00) for injury, loss or damage resulting from any one
occurrence.
11.3 In the case of any conflict between the provisions of this document and any
other provisions speaking to contractual indemnity or insurance clauses, the
provisions of this Agreement will govern.
12. Collective Agreements
12.1 Each Party agrees to review the provisions of this Agreement with its
appropriate local bargaining units for the purpose of seeking amendments to
local agreements, if necessary, to reflect the terms of this Agreement. Each
party further agrees to advise the other party as soon as practically possible
if it becomes aware of any impediments or obstacles imposed by local
agreements to meeting its obligations under this Agreement.
13. Liaison and Supervision
13.1 The Assisting first nation/municipality shall have the right, to be exercised in
its sole discretion, to assign an employee or agent (the "Liaison Officer") of
the Assisting first nation/municipality to the Emergency Control Group of the
Assisted first nation/municipality. The Liaison Officer shall provide a liaison
between the Assisting first nation/municipality and the Emergency Control
Group of the Assisted first nation/municipality. The parties acknowledge that
the purpose of the Liaison Officer shall be to permit communication between
the Assisted and Assisting first nation/municipalities. Subject to the Municipal
Freedom of Information and Protection of Privacy Act, the Liaison Officer shall
be permitted to inform the Assisting first nation/municipality on the status of
the Emergency and the actions taken by the Assisted first nation/municipality.
The Liaison Officer shall have the right to obtain information about the
Emergency and the use of the assistance provided in order to report to the
Assisting first nation/municipality during and after the duration of the
assistance provided and the Emergency. The Assisting first
nation/municipality shall keep confidential and not disclose any information
concerning the emergency or the assistance provided without the prior consent
of the Assisted first nation/municipality.
11
13.2 The Assisting first nation/municipality shall assign its personnel to perform
tasks as directed by the Emergency Control Group of the Assisted first
nation/municipality. The Assisting first nation/municipality shall have the right
to assign supervisory personnel to operate or supervise the operation of any.
of the Assisting first nation/municipality's personnel and or equipment
furnished as assistance to the Assisted first nation/municipality. Such
supervision shall be in accordance with the instructions of the Emergency
Control Group.
14. Information Sharing
14.1 Subject to the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA), the parties agree to share with each other, information lists or
databases detailing the amount, type, capability, and characteristics of
personnel, services, equipment or material in the possession of each party,
which may be available to the requesting party under this agreement. Such
sharing of information shall occur upon the execution of this Agreement and
the parties, on mutual agreement, shall update these information lists from
time to time.
15. Food and Lodging
15.1 For the duration of the assistance provided under this Agreement, the Assisted
first nation/municipality shall be responsible for providing all food, lodging and
accommodation required by the personnel furnished pursuant to this
Agreement. Where food and lodging cannot be provided in -kind, the Assisted
first nation/municipality shall pay a reasonable per diem to personnel for any
food and lodging purchased by personnel of the Assisting first
nation/municipality. The per diem shall be no less than the Assisted first
nation/municipality pays to its own employees as a matter of policy or
agreement.
16. Notice
16.1 If not otherwise provided in this Agreement, written notice given pursuant to
this Agreement must be addressed, in the case of notice to the Corporation of
the County of Simcoe to:
The Chief Administrative Officer
The Corporation of the County of Simcoe
1110 Highway 26 Midhurst, Ontario
LOL 1Xo
...and in the case of participating communities
to the relevant Chief Administration Officer(s).
16.2 If hand delivered, the notice is effective on the date of delivery; if faxed, the
notice is effective on the date and time the fax is sent; if sent by electronic
mail, the notice is effective on the date sent; and if mailed, the notice is
deemed to be effective on the fifth business day following the day of mailing.
7
16.3 Any notice given shall be sufficiently given if signed by the CAO or by a person
authorized by or acting under the direction or control of the CAO.
17. Rights and Remedies
17.1 Nothing contained in this Agreement shall be construed as restricting or
preventing either party from relying on any right or remedy otherwise available
to it under this Agreement, at law or in equity in the event of any breach of
this Agreement.
18. Binding Effect
18.1 This Agreement shall ensure to the benefit of, and be binding upon the parties
and their respective successors, administrators and assigns.
18.2 This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third parties, and no third party shall have any right of action
arising in any way or manner under this Agreement for any cause whatsoever.
19. Incorporation of Schedules
19.1 This Agreement and the attached Schedule "A", (together with the lists and
information exchanged pursuant to Section 14) embody the entire Agreement.
20. Provisions Surviving Termination
20.1 Sections 2, 5.2, 7, 8, 9, 10, 11, 16, 17, 20, 21 and 22 of this Agreement shall
survive termination of this Agreement.
21. Governing law
21.1 The parties agree to be governed by the laws of the Province of Ontario and
Canada.
22. Arbitration
22.1 The Parties herein agree that in the event of any dispute arising under or
pursuant to this Agreement, which dispute cannot be resolved by the mutual
agreement of the Parties' CAOs, the CAOs shall refer the dispute to the
respective Chairs of the Parties for resolution. In the event that the Chairs
cannot resolve the dispute, either Party may, on providing ninety (90) days'
written notice to the other, refer the dispute to a third party arbitrator of their
mutual choice for resolution. Such arbitration shall be conducted pursuant to
the Arbitration Act, 1991, S.O. 1991 c. 17, as amended.
W
IN WITNESS WHEREOF the parties have executed this Agreement.
The Corporation of the County of Simcoe
Gerry Marshall, Warden
Daly, C
DEC 0 1 2012
Dated
Township of Adjala-Tosorontio
Small
AUTHORIZED BY BY-LAW NO. 6503 PASSED BY
THE COUNCIL OF THE CORPORATION OF THE
COUNTY OF SIMCOE ON NOVEMBER 10, 2015.
Barb -Kane, CI.erk —�-Mxc
"
Dated
City of Barrie
Jeff Lehman, Mayor
Dawn McAlpine, Clerk
Dated
9
V
IN WITNESS WHEREOF the parties have executed this Agreement.
The Corporation of the County of Simcoe
Gerry Marshall, Warden
Daly, Cie
Dated
Township of Adjala-Tosorontio
Mary Small Brett, Mayor
Barb Kane, Clerk
Dated
City of Barrie
Dated
AUTHORIZED BY BY-LAW NO. 6503 PASSED BY
THE COUNCIL OF THE CORPORATION OF THE
COUNTY OF SIMCOE ON NOVEMBER 10, 2015.
rk vV�h9 1C�C7kC, ACL-WvgC�KICIt,-k
N` v3Q:�)%di
E
Dated
Beausoleil First Nation
Mary McCue -King, ChieNS, Council
Dated
"town of Bradford West Gwillimbury
Rob Keffer, Mayor
Rebecca Murphy, Clerk
Dated
Chippewas of Rama First Nation
Rodney Noganosh, Chief in Council
Dan Shilling, First Nation Manager
Dated
10
Beausoleil First Nation
Mary McCue -King, Chief in Council
Dated
Town of Bradford West Gwillimbury11
Mu
Dated
Chippewas of Rama First Nation
Rodney Noganosh, Chief in Council
Dated
Authorized by
passed by the Town of
Bradford West Gwillimbury
7 on IV�,r�arnYr I5" 20 iP .
a —
10
Dawn McAlpine, Clerk
Dated
Beausoleil First Nation
Mary McCue -King, Chief in Council
Dated
Town of Bradford West Gwillimbury
Rob Keffer, Mayor
Rebecca Murphy, Clerk
Dated
Chippewas of Rama First Nation
ey NotjanosM, Chief in`Council
Dan Shilling, First Nation Manager
10,
Township of Clearview
PI j LA
Christopher an er ruys, MPYO}
Pamela Fettes, Clerk
Dated
Town of Collingwood
Sandra Cooper, Mayor
Sarah Almas, Clerk
Dated
Township of Essa
Terry Dowdall, Mayor
Bonnie Sander, Clerk
Dated
11
Township of Clearview
Christopher Vanderkruys, Mayor
Pamela Fettes, Clerk
Dated
Town of Collingwood
ra Almas, Clerk
Dated
Township of Essa
Terry Dowdall, Mayor
Bonnie Sander, Clerk
Dated
11
Township of Clearview
Christopher Vanderkruys, Mayor
Pamela Fettes, Clerk
Dated
Town of Collingwood
Sandra Cooper, Mayor
Sarah Almas, Clerk
Dated
Township of Essa
Terry Dowdall, Mayor
BeMxi:e=S"- der, Clerk
Uc-c, Ce4"
Dated
11
Town of In
Ma
Lee Parkin, CI
Ca C'\ `D-0 (
Dated
Town of Midland
Gord McKay, Mayor
Andrea Fay, Clerk
Dated
Town of New Tecumseth
Stick Milne, Mayor
Cindy Mailer, Clerk
Dated
12
Town of Innisfil
Gord Wauchope, Mayor
Lee Parkin, Clerk
Dated
Town of Midland
Gord
G l.l--� Al 01 oG
Desroches, Clerk
Dated
Town of New Tecumseth
Rick Milne, Mayor
Cindy Maher, Clerk
Dated
12
Town of Innisfil
Gord Wauchope, Mayor
Lee Parkin, Clerk
Dated
Town of Midland
Gord McKay, Mayor
Andrea Fay, Clerk
Dated
Town of New Tecumseth
ck Milne, Mayor
Cindy Malfier, Clerk
Dated
IN
City of Orillia
Ralph D'ominelli, Fire Chief
/�1? i Z_
Dated
Township of Oro-Medonte
Harry Hughes, Mayor
Doug Irwin, Clerk
Dated
Town of Penetanguishene
Gerry Marshall, Mayor
Stacey Cooper, Clerk
Dated
13
City of Orillia
Steve Clarke, Mayor
Gayle Jackson, Clerk
Dated
Township of Oro-Medonte
Dated
Town of Penetanguishene
Gerry Marshall, Mayor
Jeff Lees, Clerk
Dated
13
City of Orillia
Steve Clarke, Mayor
Gayle Jackson, Clerk
Dated
Township of Oro-Medonte
Harry Hughes, Mayor
Doug Irwin, Clerk
Dated
Town of Penetanguishene
Gerry Marshall, Mayor
Stacey Cooper, Clerk
Dat d
13
Township of Ramara
Basil Clarke, Mayor
]enFfilier Connor, Clerk
Dated
Township of Severn
Mike Burkett, Mayor
Sharon Goerke, Clerk
Dated
Township of Springwater
Bill French, Mayor
Renee Chaperon, Clerk
Dated
Fe]
Township of Ramara
Basil Clarke, Mayor
Jennifer Connor, Clerk
Township of
Mike Burke'if, Mayor
Sharon Goerke,
7, 2 vi
Township of Springwater
Bill French, Mayor
Renee Chaperon, Clerk
Dated
14
Township of Ramara
Basil Clarke, Mayor
Jennifer Connor, Clerk
Dated
Township of Severn
Mike Burkett, Mayor
Sharon Goerke, Clerk
Dated
Township of Springwater
Bill French, Mayor
I�
Renee Chaperon, Clerk
-)Una
Dated
14
Township of Tay
Scott Warnock, Mayor
f /vLC .— r"9
Alison Ttiamas; Clerk
Dated
Township of Tiny
George Cornell, Mayor
Doug Luker, Clerk
Dated
Town of wasaga Beach
Brian Smith, Mayor
Holly Bryce, Clerk
Dated
15
1 O b -91
Township of Severn
Mike Burkett, Mayor
Sharon Goerke, Clerk
i
Dated
�I
Township of Springwater
�i
II
Bill French, Mayor
II, Renee Chaperon, Clerk
Dated
Township of Tay
Scott Warnock, Mayor
Alison Thomas, Clerk
Dated
Township of Tiny
Geor a ornell, Mayor
,Cl& !l l 61z-
Sue Walton, Clerk
Dated
Town of Wasaga Beach
Smith, Mayor
Andrea Faye, Clerk
Dated
Township of Tay
Scott Warnock, Mayor
Alison Thomas, Clerk
Dated
Township of Tiny
George Cornell, Mayor
Doug Luker, Clerk
Dated
Town of wasaga Beach
Brian Smith, Mayor
l-.aura LJ�Aling Clerk
Dated
15
SCHEDULE"A"
Mutual Assistance Agreement -Request for Assistance from Participating
Community
I,
of
Council of
Participating Community:
to provide assistance in the form of:
Chief Administrative Officer / Designated Official
duly authorized to do so by the
, do hereby request
PERSONNEL
SERVICES
EQUIPMENT
MATERIAL
AS IS MORE PARTICULARLY SET OUT IN DETAIL AS FOLLOWS:
0
a
0
0
0
0
0
The above confirms the assistance verbally requested on , and
which assistance has agreed to provide.
Dated at this _day of 2016.
Chief Administrative Officer/ Designated Official
Participating Community:
16
SCHEDULE"B"
List of Municipalities, First Nations, and Separated Cities within and including The
Corporation of the County of Simcoe, participating in the Mutual Assistance Agreement:
County of Simcoe
Township of Adjala-Tosorontio
City of Barrie
Beausoleil First Nation
Town of Bradford West Gwillimbury
Chippewas of Rama First Nation
Township of Clearview
Town of Collingwood
Township of Essa
Town of Innisfil
Town of Midland
Town of New Tecumseth
City of Orillia
Township of Oro-Medonte
Town of Penetanguishene
Township of Ramara
Township of Severn
Township of Springwater
Township of Tay
Township of Tiny
Town of Wasaga Beach
17