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2018-018 By-law to Authorize An Automatic Aid Agreement with the City of OrilliaThe Corporation of the Township of Oro-Medonte By-law No. 2018-018 A By-law to Authorize An Automatic Aid Agreement with the City of Orillia Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act (hereinafter the "Act'); and And Whereas Section 11 of the Municipal Act, 2001, as amended, provides municipalities with the authority to provide for any service or thing that the municipality considers necessary or desirable for the public; and And Whereas Section 20 of the Municipal Act, 2001, as amended, provides that a municipality may enter into an agreement with one or more municipalities to jointly provide for any matter which all of them have the power to provide within their own boundaries; and And Whereas Section 2(6) of the Fire Protection and Prevention Act, Ch. 4, S.O. 1997, authorizes a municipality to enter automatic aid agreements with other municipalities to provide and/or receive fire protection services; Now Therefore the Council of The Corporation of the Township of Oro-Medonte enacts as follows: That the Mayor and Deputy Clerk be authorized to execute an Automatic Aid Agreement between The Township of Oro-Medonte and The City of Orillia with respect to fire protection services in accordance with the provisions of the Agreement attached hereto. 2. That said Automatic Aid Agreement be and is attached hereto as Schedule "A". 3. That said Fire Protection Agreement has been signed and executed by both The Township of Oro-Medonte and The City of Orillia. 4. That this By-law shall come into force and take effect upon final passage. By-law read a First, Second and Third time, and Passed this 28th day of February, 2018. The Corporation,of the Township of Oro-Medonte Mayor, H.S. Oiighes Dep y Clerk, Janette Teeter Schedule "A" to By -Law No. 2018-018 Automatic Aid Agreement dated 28th of February, 2018 Between The Township of Oro-Medonte Herein after called Oro-Medonte And The City of Orillia Herein after called Orillia Whereas Section 2. (6) of the Fire Protection and Prevention Act, Chapter 4, Statutes of Ontario, 1997, authorizes a municipality to enter automatic aid agreements with other municipalities to provide and/or receive fire protection services; And Whereas Orillia operates fire protection services and manages assets suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the City of Orillia; And Wheras Orillia is prepared to make available fire protection services to Oro- Medonte, and Oro-Medonte is agreeable and requests Orillia to provide fire protection services to a defined area of the Township of Oro-Medonte; And Whereas the Oro-Medonte is prepared to make available fire protection services to Orillia, and Orillia is agreeable and requests Oro-Medonte to provide fire protection services to a defined area of the City of Orillia; Now Therefore, in consideration of the mutual covenants, conditions and considerations herein contained, Orillia and Oro-Medonte mutually agree as follows: In this Agreement, unless the context otherwise requires, a) "Designate" means a person who, in the absence of the fire chief, has the same powers and authority as the fire chief, b) "Fire Area" means the area of the Township of Oro-Medonte or the City of Orillia as defined in Schedule "A" and Schedule'B" attached to and forming part of this Agreement, c) "Fire Chief' means the chief of the fire department, d) "Fire Department" means the responding Fire Department, dependant on the "fire area" being responded to. e) "Fire Protection Services" means and includes the activities defined in the Fire Protection and Prevention Act, more particularly described as: "includes fire suppression, fire prevention, fire safety education, communications, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services". Orillia will supply fire protection services to the property and occupants situated within the specified area as shown in Schedule "A", and Oro- Medonte will supply fire protection services to the property and residents situated within the specified area as shown in Schedule'B". 3. a) The fire apparatus and personnel of the fire department will respond to occurrences in the fire area in a like manner as if the response were in their own area. b) Should the fire chief or designate require assistance, or believe assistance may be required, by way of additional personnel, apparatus, or equipment, to an occurrence in the fire area, such assistance may be summoned. 4. a) The fire chief or designate may refuse to supply responses if response personnel, apparatus and/or equipment are required in the County of Simcoe or elsewhere, under the provisions of the County of Simcoe Mutual Fire Aid Plan and Program. b) The fire chief or designate may order the return of such personnel, apparatus and/or equipment that is responding to or is at the scene of an incident in the fire area. In such cases the fire chief or designate may summon assistance in accordance with Section 3.b). 5. There will be no charge to either Orillia or Oro-Medonte for automatic aid services to each fire area in this reciprocal agreement. 6. a) This Agreement shall remain in force until either party provides written notice of termination at least one hundred and eighty (180) calendar days prior to the desired date of termination. b) This Agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendment(s) gives the other party a minimum of thirty (30) calendar days written notice of the proposed amendment(s). 7. a) So often as there may be any dispute between the parties to this Agreement, or any of them, with respect to any matter contained in this Agreement, including but not limited to the interpretation of this Agreement, the same shall be submitted to arbitration under the provisions of the Municipal Arbitrations Act, R.S.O. 1990 c. M.48, and the decision rendered in respect of such proceedings shall be final and binding upon the parties to this Agreement. b) If for any reason the said arbitration cannot be conducted pursuant to the provisions of the Municipal Arbitrations Act, then the parties hereto shall agree to the selection of a single arbitrator, and in the absence of such agreement, such arbitrator shall be appointed by a judge of the Supreme Court of Ontario pursuant to the provisions of the Arbitrations Act, S.O. 1991 c. 17, or pursuant to any successor legislation. 8. Notwithstanding anything herein contained, no liability shall attach or accrue to Orillia or Oro-Medonte for failing to supply the other on any occasion, or occasions, any of the fire protection services provided for in the Agreement. No liability shall attach or accrue to either Orillia or Oro-Medonte by reason of any injury or damage sustained by personnel, apparatus and/or equipment of the fire department while engaged in the provision of fire protection services in the fire area. 10. In the event that any covenant, provision or term of this Agreement should at any time to be held by any competent tribunal void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and effect. O 0 Schedule "A" Automatic Aid Agreement Between the City of Orillia and the Township of Oro-Medonte Area to be Protected 1.1 The City shall make all reasonable attempts to provide the initial response to calls of which it has been notified at the Notre Dame Catholic School, 140 Atlantis Drive, Orillia within the municipal boundaries of the Township of Oro- Medonte. Additional apparatus and fire fighters will be provided by the Township Fire Department as deemed necessary by the Township Fire Chief. 2. Equipment & Fire Fighters It is agreed that sufficient firefighters to operate the equipment and whatever equipment in the opinion of the Fire Chief or designate(s) or officer in charge of Oro-Medonte or Orillia is deemed necessary shall make all reasonable efforts to attend each call. 3. Response 3.1 In the event the City receives a call while responding to, or at the scene of a call, the Incident Commander or such other person as may be in charge will immediately notify the Township Fire Department via dispatch and update the dispatch centre that a City response cannot be made. 3.2 Whenever the City is committed to a call within their boundaries, within other area agreement boundaries or to a County Mutual Aid assistance call, the Chief or such person as may be in charge will notify the Township dispatch and update that the City will be unable to provide a response until further notice. The Chief or such person as may be in charge will update the Township through dispatch as soon as the service can again be provided. Schedule B Automatic Aid Agreement Between the City of Orillia and the Township of Oro-Medonte 4. Area to be Protected 4.1 The City may request the Township's assistance at calls for service to Grape Island within the municipal boundaries of the City of Orillia. Fire fighters will be provided by the Township Fire Department as deemed necessary by the Township Fire Chief. 5. Equipment & Fire Fighters 5.1 That the Township supply the air boat with staff to operate the vessel for the purpose of shuttling equipment and manpower to and from Grape Island. 6. Response 6.1 In the event the Township receives a call while responding to, or at the scene of a call, the Township Fire Chief or such other person as may be in charge will immediately notify the City Fire Department via dispatch and update the dispatch centre that a Township response cannot be made. 6.2 Whenever the Township is committed to a call within their boundaries, within other area agreement boundaries or to a County Mutual Aid assistance call, the Chief or such person as may be in charge will notify the City dispatch and update that the Township will be unable to provide a response until further notice. The Chief or such person as may be in charge will update the City through dispatch as soon as the service can again be provided.