1993-009 Medonte
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
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BY-LAW NUMBER 1993-09
BEING a By-Law to enter into an agreement wi th the
Village of Coldwater for the provision of Fire Protection.
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WHEREAS Council of the Township of Medonte have been
requested to provide Fire Fighting services to the Village of
Coldwater.
AND WHEREAS the Township of Medonte is prepared to
provide such Fire Fighting services and equipment as per the
terms and conditions as outlined in the attached Schedule "A"
which forms part of this By-Law.
NOW THEREFORE, be it enacted that:
1) The terms of Schedule "A" attached to this By-Law
be accepted.
2) That the Reeve and Clerk be authorized to execute
the Agreement on behalf of the Township.
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READ a first and second time, read a third time and
passed this 8th day of March, 1993.
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Reeve
THIS AGREEMENT MADE IN QUADRUPLICATE THIS FIRST DAY OF
FEBRUARY A.D. 1993.
BETWEEN
THE CORPORATION OF THE VILLAGE OF COLDWATER
(herein called the "Village")
PARTY OF THE FIRST PART;
AND
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THE CORPORATION OF THE TOWNSHIP OF MEDONTE
(herein called the "Township")
PARTY OF THE SECOND PART;
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WHEREAS the Township of Medonte is in close proximity to the
Village of Coldwater and owns fire equipment which can assist
the Village of Coldwater in providing fire protection services;
AND WHEREAS the Council of the Township of Medonte is willing to
enter into an agreement to provide fire tanker service to the
Village of Coldwater on a fee for service basis;
AND WHEREAS Section 207, Subsection 1 of The
R.S.O., 1990, Chapter M.45, authorizes the
municipality to enter into an agreement
municipality to provide fire protection service;
Municipal Act
Council of a
with another
NOW THEREFORE this agreement witnesseth that in consideration
and mutual covenants and conditions herein contained, the
parties hereto do mutually covenant and agree as follows:
I. DEFINITIONS:
1.1 In this agreement;
1.1.1 COLDWATER FIRE DEPARTMENT: shall mean and refer
to those individuals regularly engaged by the
Corporation of the Village of Coldwater on a full
time and/or volunteer basis to render
firefighting, emergency first aid, resuscitation
and auto extraction services.
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1.1.2 MEDONTE FIRE DEPARTMENT: shall mean and refer to
those individuals regularly engaged by the
Corporation of the Township of Medonte on a full
time and/or volunteer basis to render
firefighting, emergency first aid, resuscitation
and auto extrication services.
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2.
FIRE SERVICES TO BE PROVIDED:
2.1 The Township of Medonte hereby covenants and
agrees to provide the Village of Coldwater with
the services of one fire tanker truck along with
all necessary operational staff on an as required
basis.
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FIRE AGREEMENT/MEDONTE
2.2
The Village of Coldwater hereby covenants and
agrees that it will remit to the Township of
Medonte, payment for each and every call for fire
tanker service, the following amounts:
2.2.1 for the first hour or less of fire tanker
service, $300.00;
2.2.2 for each additional half hour of fire tanker
service, $150.00.
2.3 In addition to the service fees established in
Subsection 2.2.1 and 2.2.2 above, the Village of
Coldwater hereby covenants and agrees that it
will remit to the Township of Medonte, payment in
the following amounts for the services of each
and every firefighter required to respond to a
call from the Village for fire/tanker service.
2.3.1 for the services of the Chief, a Captain or an
Officer, the current rate per hour approved by
the Council of the Township of Medonte for said
position;
2.3.2 for the services of a regular firefighter, the
current rate per hour approved by the Council of
the Township of Medonte for said position;
2.4 That the Village of Coldwater hereby covenants
and agrees that it will remit payment to the
Township of Medonte for all services rendered
under this agreement within 30 days of being
invoiced for same by the Township.
3. CALL OUT PROCEDURE:
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3.1
All calls for emergency fire tanker assistance
originating from the Village of Coldwater shall
originate from the Chief of the Coldwater Fire
Department or the Deputy Chief of the Coldwater
Fire Department or, in their absence, their
delegate.
That all calls for emergency fire/tanker
assistance originating from the Village of
Coldwater Fire Department in accordance with
Section 3.1 above, must be routed through the
Township of Medonte Fire Dispatcher and the
Township hereby undertakes and agrees to advise
the Village from time to time by way of written
correspondence of the name of its dispatching
contractor and the method(s) of contacting same.
That the Fire Chief or Deputy Fire Chief, or the
Fireman in charge during the absence of the Fire
Chief or Deputy Fire Chief of the Medonte Fire
Department or Coldwater Fire Department, shall at
all times have the fullest possible discretion as
to when and in what manner services are required
to be rendered under or pursuant to this
3.2
3.3
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4.
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FIRE AGREEMENT/MEDONTE
agreement and as to whether or not a call from
the Village of Coldwater should be answered, and
the decision or judgement of the said Fire Chief,
Deputy Fire Chief, or Fireman in charge during
the absence of the Fire Chief or Deputy Fire
Chief of the said departments, shall be at all
times accepted as final and binding on both
parties hereto.
3.4
It is hereby understood and acknowledged by both
parties that for the Medonte Fire Department,
emergency and/or fire calls originating in the
Township of Medonte shall have precedence at all
times over those originating within the Village
of Coldwater. In the event of calls occurring in
both municipalities at or about the same time,
the call or calls originating in the Township of
Medonte shall have precedence and the said Fire
Department of the Township of Medonte shall be
excused from rendering such services in the
Village of Coldwater until such calls in their
own municipality have been answered and dealt
with.
3.5 In the event that a call to the Township of
Medonte for fire/tanker service under this
agreement cannot be responded to, or if the call
is responded to and the Township of Medonte
subsequently finds it necessary to withdraw its
equipment and service for reasons envisioned in
Section 3.4 above, the Township of Medonte Fire
Department shall immediately notify the Chief of
the Coldwater Fire Department, the Deputy Chief
of the Coldwater Fire Department or their
delegate.
3.6 It is hereby acknowledged by both parties that
the operation of all fire tanker equipment
provided by the Township of Medonte under this
agreement shall be in accordance with the
Township's safety practices and procedures and at
no time shall the Township of Medonte Fire
Department be required to operate equipment
provided under this agreement in a manner which
is not in accordance with the Township of
Medonte's safety practices and procedures.
LIABILITY:
4.1
Under no circumstances shall failure on the part
of the Township of Medonte Fire Department to
answer a call or render service, impose any
liability whatsoever upon the Township of
Medonte.
4.2
The Village of Coldwater hereby covenants and
agrees to and with the Township of Medonte that
it will at all times and from time to time
indemnify and save harmless the Township of
Medonte and the members of the Medonte Township
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5.
FIRE AGREEMENT/MEDONTE
Fire Department from any and all claims, actions,
suits, or demands for damages, or otherwise, for
or by reason of or arising in any way out of this
Agreement, or based upon or arising out of any
services rendered pursuant to this Agreement, and
particularly against any and all claims or
actions for damages, for or arising out of any
act, negligence, misfeasance, malfeasance, fault
or default, on the part of the Township of
Medonte, or any of its employees, including the
officers and members of the Medonte Township Fire
Department while performing or carrying out or
purporting to perform and carry out any of the
services contemplated by this Agreement, and this
shall include anything that may occur while the
officers or members of such Department are
engaged in answering an emergency call or
fighting a fire(s) in the Village of Coldwater,
whether such act or thing may occur in the
Township of Medonte or Village of Coldwater, from
the time the employees and equipment of the
Township of Medonte leave the Township Fire Hall
until they return to the said Fire Hall from a
call to the Village of Coldwater.
EXISTING AGREEMENTS:
5.1 The Village of Coldwater and the Township of
Medonte hereby acknowledge and agree that the
first response fire protection agreement, dated
August 26, 1986 between said two parties shall
remain in force and full effect despite anything
contained in this agreement, however the Township
of Medonte acknowledges that the Village of
Coldwater shall not, in any circumstances, be
required to provide fire/tanker equipment to
service the area of Medonte Township to which the
aforementioned first response fire service
agreement pertains.
6. CO-OPERATION:
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7.
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6.1 The parties undertake and agree to co-operate one
with the other with respect to the implementation
of this Agreement.
CONTINUITY:
7.1
This agreement shall be considered to have
into force and had full effect on the first
of March 1993.
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7.2
This agreement shall enure to the benefit of and
be binding upon the participating parties hereto
and their successors and assigns respectively for
a period of six months subsequent to the date
referred to in Section 7.1 above.
7.3
The Township
should the
hereby undertakes and agrees that
Village wish to extend the term of
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FIRE AGREEMENT/MEDONTE
this agreement for a further four months to
terminate at the end of the 1993 calendar year,
it may do so at any time prior to the expiry of
the six month period provided for in Section 7.2
above provided that such notice shall be given to
the Township by registered mail and is further
accompanied by payment from the Village in the
amount of $2,000.00 which shall represent the
required standby fee for said extension.
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IN WITNESS WHEREOF the parties hereto have hereunto affixed
their respective corporate seals, attested by the hands of their
respective officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
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Date
MAR 1 'I
THE CORPORATION OF THE
TOWNSHIP OF MEDONTE
(Party of the second part)