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2018-017 By-law to Authorize a Fire Protection Agreement with the Township of Springwater and to Repeal By-law No. 2009-034The Corporation of the Township of Oro-Medonte By-law No. 2018-017 A By-law to Authorize A Fire Protection Agreement with the Township of Springwater And to Repeal By -Law No. 2009-034 Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act (hereinafter the "Act'); and Whereas Section 11 of the Municipal Act, 2001, as amended, provides municipalities with the authority to provide for any service or thing that the municipality considers necessary or desirable for the public; and Whereas Section 20 of the 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 Whereas Section 2(5) of the Fire Protection and Prevention Act, Ch. 4, S.O. 1997, provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to: a. Provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; and b. Receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; Now Therefore the Council of The Corporation of the Township of Oro-Medonte enacts as follows: That the Mayor and Deputy Clerk be authorized to execute a Fire Protection Agreement between The Township of Oro-Medonte and The Township of Springwater with respect to fire protection services in accordance with the provisions of the Agreement attached hereto. 2. That said Fire Protection Agreement be and is attached hereto as Schedule "A". 3. That said Fire Protection Agreement has been signed and executed by both The Township of Oro-Medonte and The Township of Springwater. 4. That By -Law No. 2009-034 be repealed in its entirety. 5. That this By-law shall come into force and take effect upon final passage. By-law read a First, Second and Third time, and Passed this 28th day of February, 2018. The Corporation of the Township of Oro-Medonte M yor, H.S. Hu es Depdty Clerk, Janette Teeter Schedule "A" to By -Law No. 2018-017 Fire Protection Agreement dated 28th of February, 2018 Between The Township of Oro-Medonte Herein after called Oro-Medonte And The Township of Springwater Herein after called Springwater Whereas Section 20(1) of the Municipal Act, 2001, S.O. 2001 c.25, as amended authorizes a municipality to enter into an agreement with one or more municipalities to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries; and Whereas by-laws have been duly enacted by corporate parties hereto respectively to authorize an agreement between the said parties relative to the use of certain Oro-Medonte firefighting equipment within the described area of Springwater, and the use of certain Springwater firefighting equipment within the described area of Oro-Medonte. Now Therefore in consideration of the mutual covenants and agreement herein contained, it is mutually agreed between the parties hereto, as follows: 1. Definitions a) Call: shall mean the services provided by Oro-Medonte to Springwater or services provided by Springwater to Oro-Medonte which said services shall include the first response for fire suppression. b) Equipment: shall mean firefighting equipment owned by Oro-Medonte or Springwater. c) Fire Area: shall mean the fire area(s) of Springwater as described in Area to be Protected (Schedule "A") and Map (Schedule "B") and Oro-Medonte as described in Area to be Protected (Schedule "C") and Map (Schedule "B") attached to and forming part of this Agreement. d) Designate: means a person(s) who, in the absence of the Fire Chief, has the same powers and authority as the Fire Chief. e) Fire Chief: means the Director of Fire and Emergency Services or designate of the Township of Oro-Medonte or the Township of Springwater unless otherwise specified. 2. Areas to be Protected a) Oro-Medonte shall make all reasonable attempts to calls in Springwater of which it has been notified within the fire area as illustrated in Map attached hereto as Schedule "B" and designated as Area to be Protected on Schedule "A". Additional apparatus and firefighters will be provided by the Springwater deemed necessary by the Fire Chief or designate(s) from Oro-Medonte. b) Springwater shall make all reasonable attempts to calls in Oro-Medonte of which it has been notified within the fire area as illustrated in Map attached hereto as Schedule "B" and designated as Area to be Protected on Schedule "C". Additional apparatus and firefighters will be provided by the Oro-Medonte as deemed necessary by the Fire Chief or designate(s) from Springwater. c) It is agreed between the two parties hereto that should Oro-Medonte respond to a call and upon arriving at the scene find the call actually outside the area to be protected, that Oro-Medonte will notify Springwater, by way of Orillia City Base, but continue to service the call until such time as the correct Fire Department, in whose jurisdiction the call is within, arrives at the scene. d) It is agreed between the two parties hereto that should Springwater respond to a call and upon arriving at the scene find the call actually outside the area to be protected, that Springwater will notify Oro-Medonte, by way of Barrie Fire Control, but continue to service the call until such time as the correct Fire Department, in whose jurisdiction the call is within, arrives at the scene. 3. Equipment and Firefighters a) 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 Springwater is deemed necessary shall make all reasonable efforts to attend each call. 4. Response a) In the event Oro-Medonte receives a call while responding to, or at the scene of a call, the Fire Chief of Oro-Medonte or designate(s) will immediately notify Springwater, by way of Orillia City Base, and update Springwater that an Oro- Medonte response cannot be made to the additional call. b) In the event Springwater receives a call while responding to, or at the scene of a call, the Fire Chief of Springwater or designate(s) will immediately notify Oro- Medonte, by way of Barrie Fire Control, and update Oro-Medonte that a Springwater response cannot be made to the additional call. c) Whenever Oro-Medonte is committed to a call, within other area agreement boundaries or to a County Mutual Aid assistance call, the Fire Chief or designate(s) will notify Springwater, by way of Orillia City Base, and update Springwater that Oro-Medonte will be unable to provide fire protection services until further notice. The Fire Chief or designate(s) will update Springwater, by way of Orillia City Base, as soon as fire protection services can again be provided. d) Whenever Springwater is committed to a call, within other area agreement boundaries or to a County Mutual Aid assistance call, the Fire Chief or designate(s) will notify Oro-Medonte, by way of Barrie Fire Control, and update Oro-Medonte that Springwater will be unable to provide fire protection services until further notice. The Fire Chief or designate(s) will update Oro-Medonte, by way of Barrie Fire Control, as soon as fire protection services can again be provided. e) It is further understood that notwithstanding the provisions of the Agreement, as provided for in the Municipal Act, and any amendment thereto, no liability shall accrue to Oro-Medonte or Springwater for failing to supply the use of firefighting equipment or any of it, in answer to a call. f) Oro-Medonte will respond to calls as detailed in Schedule "A" attached hereto. g) Springwater will respond to calls as detailed in Schedule "C" attached hereto. 5. Indemnification Springwater and Oro-Medonte agree that they will at all times indemnify and save harmless each municipality and the members of the Fire Departments for any and all claims, actions, suits or demands for damage or otherwise for any negligence of action on the part of Oro-Medonte Fire Department or Springwater Department and the members of the Fire Departments while performing any of the Fire Protection Services contemplated by this Agreement. 6. Liability No liability shall attach or accrue to Springwater or Oro-Medonte by reason of any injury or damage sustained by personnel, apparatus, or equipment of the Oro- Medonte or Springwater Fire Departments while engaged in the provision of Fire Protection Services in the Fire Protection Areas. 7. Mutual Aid a) Should additional assistance by way of personnel, apparatus, or equipment in addition to that provided by Springwater or Oro-Medonte Fire Departments be required, the Fire Chief or designate(s) may invoke the applicable provisions of the County of Simcoe Mutual Aid Plan. b) It is agreed that the Fire Chief or designate(s) may request the use of Springwater or Oro-Medonte owned Public Works or Operations equipment. c) If the Springwater or Oro-Medonte equipment is inadequate, private equipment can be called in, however, each municipality agrees to reimburse for any cost of such private equipment. The request for additional equipment will be made through the Fire Chief or designate(s). 8. Reports The Fire Chief or designate(s) shall provide an incident report to the respective municipality within ten (10) business days after each incident. 9. Authority at Scene a) The Fire Chief or designate(s) of the responding Fire Department shall have full authority and control over all personnel and equipment which may be engaged at the call, until equipment and personnel from the host Fire Department arrive on scene and are briefed thoroughly on the situation. b) Transfer of command to the Fire Chief or designate(s), all equipment and personnel will be released from the call as soon as this can be done safely. 10.Term of Agreement a) It is agreed between the parties hereto that the terms of this Agreement shall come into force and take effect on the date of passing. One year after the passing of the Agreement, the Agreement with be reviewed. b) After the first year review, the Agreement shall be automatically renewed thereafter until amended or replaced by a new agreement in any year when either party gives written notice to the other party under 11 c). c) Amendments may be made at any time by the mutual consent of the parties after the party desiring the amendment(s) gives the other party thirty (30) business days written notice of the proposed amendments(s). Both parties must agree in writing to the amendments. d) This Agreement may be terminated by either party by giving written notice to the other party not less than ninety (90) business days prior to the desired termination date. Any monies owing to Oro-Medonte or Springwater and not paid shall forthwith be paid to Oro-Medonte or Springwater prior to the date of said termination. 11. Severability In the event that any covenant, provision or term of this Agreement should at any time be held by any competent tribunal to be 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. In Witness Whereof the parties hereunto affixed their Corporate Seals under the hand of its officer duly authorized in that behalf. For the Corporation of The Township of Oro-Medonte For the Corporation of The Township of Springwater Bill French, ayor Wf Renee Chaperon Oro-Medonte Fire & Emergency Services Fire Response Areas By Station 5 Warminster `�i..HIGHWAY 12 3 Station pi! �, vv fCCC #1 Shanty Bay G s � 0 #2 Hawkestone #3 Horseshoe Valley #4 Rugby siDAD #5 Warminster p1 shanty Bay #6 Moonstone Springwater • Hall Location Schedule B AREA TO BE PROTECTED SCHEDULE "C" BOUNDARIES OF THAT PORTION OF THE TOWNSHIP OF ORO-MEDONTE SERVICED BY THE TOWNSHIP OF SPRINGWATER VOLUNTEER FIRE DEPARTMENT In the Township of Oro-Medonte and bounded as follows: Between Scarlett Line and 1/2 lot line within Concession 2 - old survey Oro-Medonte between Vasey Road and Ingram Road, identified in Oro-Medonte Fire Dispatch Map attached as Schedule "B". The area serviced from a point south of Provincial Highway 400 and Horseshoe Valley Road on the rail line north-easterly to Line 4 crossing Penetanguishene Road and along a portion of Ingram Road, identified in Oro-Medonte Fire Dispatch Map attached as Schedule "B THE ABOVE AREA IS SHOWN ON THE ATTACHED MAP AS SCHEDULE "B"