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Home > By-Laws > 3472-2020 Automatic Aid Agreement with Edwardsburgh Cardinal Fire Department

3472-2020 Automatic Aid Agreement with Edwardsburgh Cardinal Fire Department

3472-2020 Automatic Aid Agreement with Edwardsburgh Cardinal Fire Department

BEING A BYLAW TO ENTER INTO A FIRE PROTECTION AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF AUGUSTA AND THE CORPORATION OF THE TOWNSHIP OF EDWARDSBURGH CARDINAL

Passed by Council April 14, 2020


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3472-2020
A BY-LAW TO ENTER INTO A FIRE PROTECTION AGREEMENT BETWEEN THE
CORPORATION OF THE TOWNSHIP OF AUGUSTA AND THE CORPORATION OF
THE TOWNSHIP OF EDWARDSBURGH CARDINAL

WHEREAS Section 20(1) of the Municipal Act, 2001, S.O 2001, as amended, authorizes
a municipality to enter into an agreement with one or more municipalities or local bodies;

WHEREAS pursuant to the Fire Protection and Prevention Act, 1997, as amended
municipalities may enter into an Automatic Aid Agreement to provide or receive the initial
or supplemental response to fires, rescues and emergencies;

WHEREAS Part 2 section 5 of the Fire protection and Prevention Act 1997 as amended
municipalities 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.

WHEREAS the Corporation of the Township of Augusta and the Corporation of the
Township of Edwardsburgh-Cardinal deem it mutually expedient to enter into an Automatic
Aid Agreement.

NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby
enacts as follows that:

1. That an agreement with the Township of Edwardsburgh Cardinal be executed to
provide the initial and or supplemental response to fires, rescues and emergencies
in accordance with the agreement attached hereto as Appendix “A”

2. That the Mayor and Clerk are hereby authorized to execute the said Agreement

3. THAT all other by-laws inconsistent herewith are hereby repealed

4. THAT this By-Law will come into force and take effect on its passing.

Read a first, second, and third time and finally passed this 14 day of April, 2020.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

Appendix A

THIS AGREEMENT MADE IN DUPLICATE THIS 14 OF APRIL, 2020
BETWEEN
The Corporation of the Township of Augusta
Hereinafter called “AUG”
OF THE FIRST PART
AND
The Corporation of the Township of Edwardsburgh Cardinal
Hereinafter called “EC”
OF THE SECOND PART’

WHEREAS pursuant to the Municipal Act, 2001, Part II Section 20. (1)(2) municipalities may
enter into an agreement with one or more municipalities or local bodies to jointly provide for
their benefit any matter which all have the power to provide;

AND WHEREAS Section 2(6) of the Fire Protection and Prevention Act, 1997 (FPPA)
permits municipalities to enter into an Automatic Aid Agreement to provide or receive the
initial or supplemental response to fires, rescues and emergencies.

NOW THEREFORE in consideration of the mutual covenants and Agreements herein
contained, it is mutually agreed between the parties hereto, as follows:

1. In this agreement:

a. “Automatic Aid Agreement” for the purpose of the Fire Protection and
Prevention Act, 1997 an automatic aid agreement means any agreement
under which

i. A municipality agrees to ensure the provision of an initial response to
fires, rescues and emergencies that may occur in a part of another
municipality where a fire department in the municipality is capable of
responding more quickly than any fire department situated in the other
municipality; or

ii. A municipality agrees to ensure the provision of a supplement
response to fires, rescues and emergencies that may occur in a part of
another municipality where a fire department situated in the
municipality is capable of providing the quickest supplement response
to fires, rescues and emergencies occurring in the of the other
municipality. Fire Protection and Prevention Act, 1997, c.4, s 1 (4)

b. “Designate” means the person who, in the absence of the Fire Chief, is
assigned to be in charge of a particular activity of the fire department, and who
has the same powers and authority as the Fire Chief.

c. “Fire Chief” means the Fire Chief appointed under subsecton6(1 ), (2) or (4)
FPPA 1997 by each individual municipality, or his/her designate.

d. “Fire Area” means the Fire Area(s) of the municipality as described in
Schedule “A• attached hereto and forming part of this agreement.

e. “Party or Parties” means and will include, AUG, EC, The Edwardsburgh
Cardinal Fire Department (ECFD) and Augusta Fire Rescue (AFR)

f. “UTV” means a Utility Task Vehicle or more commonly known as a side by
side, including the medical patient transport skid.

ECFO Response to AUG Fire Area

2. The ECFD will supply, except as herein after limited or excluded, automatic aid from
the Spencerville Station (Station #1) to AUG in the fire area as described in Schedule
“A” attached hereto and forming part of this agreement.

3. The ECFD will provide the services in AUG as outlined in Schedule “B” attached
hereto and forming part of this agreement.

4. The fire apparatus and personnel of the ECFD will respond to occurrences in the fire
area of Augusta. Response protocols will follow the SOG’s of the ECFD as outlined.

5. The ECFD Fire Chief or designate, shall report to AFR all occurrences in the fire area
to which the ECFD has responded.

6. AFR agrees to provide confirmation to their communications centre (dispatch) of the
Automatic Aid Agreement and fire area.

7. AUG agrees to maintain all Municipal streets and roads in the fire area identifiable by
having them clearly marked at all intersections.

8. AUG agrees to notify the United Counties of Leeds and Grenville immediately when
any road or street sign in the fire area is not clearly identifiable or marked.

9. AUG shall be responsible for establishing and notifying in the manner and to the
extent deemed necessary, residents and occupants of the fire area, of the procedures
for reporting an emergency and of the services provided by the ECFD.

AFR Supply of UTV to EC

10. AFR will supply, except as hereinafter limited or excluded, to the ECFD for the
entirety of EC a UTV and two personnel trained to operate the UTV.

11. The UTV and personnel of AFR will respond to any occurrences in EC when
requested by the ECFD Incident Commander.

12. All ECFD members will follow all AFR SOG’s concerning the operation and use of the
UTV.

13. Only AFR personnel will operate the UTV

Supply of Water Tankers

14. The parties will supply, except as hereinafter limited or excluded, to the entirety of the
other party’s Municipality, 1 Tanker and 2 personnel for a confirmed structure fire,
except for areas protected by a municipal hydrant system.

15. Notwithstanding anything herein, the Fire Chief or designate for either party may
refuse to supply the tanker and personnel to occurrences if such tanker and or
personnel are required in the party’s own Municipality or elsewhere.

16. Notwithstanding anything herein, the Fire Chief or designate for either party, may
order the return of the tanker and personnel, that is responding to or is at the scene of
an emergency within the either party’s Municipality if such tanker and or personnel
are required in the party’s own Municipality or elsewhere.

17. When the tankers and personnel of either party respond to structure fires in the other
party’s Municipality, those personnel shall follow their own Fire Services SOG’s and
Policies.

Other

18. The Fire Chief or designate for either party, shall have full authority and control over
any and all activities in which either party’s Fire Department maybe engaged in the
other party’s Municipality until command is transferred to the Fire Chief or designate
of the Municipality where the incident is located.

19. Notwithstanding anything herein contained, no liability shall attach or accrue to any
party for failing to supply any service, apparatus or equipment on any occasion, or
occasions.

20. The parties agree that 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) days written notice of the proposed amendment(s).

21. Any dispute between the parties of this agreement, with respect to any matter
contained in this Agreement, including, but not limited to the interpretation of the
Agreement, shall be submitted to arbitration under the Provisions of the Municipal
Arbitration’s Act, R.S.O. c.304 and the decision rendered in respect of such
proceedings shall be final and binding upon the parties to this agreement. If for any
reason the said Arbitration cannot be conducted pursuant to the provisions of the
Municipal Arbitration’s Act, then the parties hereto shall agree to the selection of a
single arbitrator, and in the absence of agreement, such arbitrator shall be appointed
by a judge of the Supreme Court of Ontario.

22. In the event that any covenant, provision or term of this Agreement should at any time
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 the Agreement which shall remain in full force and effect.

23. This agreement shall be in force for a period of five (5) year commencing on April 1,
2020 and expiring on April 1, 2025, unless any party gives notice to the other party,
as set out in Section (20).

24. Notwithstanding Section (23) setting out the termination date of the Agreement, the
Automatic Aid Agreement may be renewed or extended by the mutual consent of the
parties, as provide for in Section (20).

25. Insurance:

Each party shall maintain for the duration of the agreement, the following insurance:

Municipal Liability Insurance issued on an occurrence basis for an amount of not less
than $15,000,000.00 per occurrence I $15,000,000.00 annual aggregate for any
negligent acts or omissions by the Municipality relating to their obligations under this
Agreement. Such insurance shall include, but is not limited to bodily injury and property
damage including loss of use; medical malpractice; personal injury; contractual liability;
premises, property & operations; non-owned automobile; broad form property damage;
broad form completed operations; owners & contractors protective; occurrence
property damage; products; employees as Additional lnsured(s); contingent employers
liability; tenants legal liability; cross liability and severability of interest clause.

EC shall add AUG as an Additional Insured subject to a waiver of subrogation with
respect to the operations of the Municipality. This insurance shall be non-contributing
with and apply as primary and not as excess of any insurance available to the AUG.

AUG shall add EC as an Additional Insured subject to a waiver of subrogation with
respect to the operations of EC. This insurance shall be non-contributing with and
apply as primary and not as excess of any insurance available to EC.

Each party shall carry Automobile liability insurance with respect to owned or leased
vehicles used directly or indirectly in the performance of the services covering liability
for bodily injury, death and damage to property with a limit of not less than
$20,000,000.00 inclusive for each and every loss.

Each party shall carry Environmental liability for a limit of not less than $2,500,000.00
per incident I $5,000,000.00 aggregate covering gradual and sudden & accidental
incidents arising from their operation. Coverage shall include third party liability for
bodily injury and property damage including loss of use and on-site I off-site cleanup.
If such insurance is a claim-made basis, such insurance shall be maintained for 2
years following conclusion of services or contain a 24-month extended reporting period.

Each party shall be responsible for any deductible under their own insurance
policy. Each party shall keep their property I assets insured- failure to do so will not
impose any liability on the other party.

The Policies shown above shall not be cancelled unless the Insurer notifies the
Municipality and/or Township in writing at least thirty (30) days prior to the effective
date of the cancellation. The insurance policy will be in a form and with a company
which are, in all respects, acceptable to the Municipality and/or Township.

Each party shall, upon request, provide the other party with a certificate of insurance
evidencing the above noted coverage prior to execution of service.

26.Indemnification:

EC shall defend, indemnify and save harmless AUG, their elected officials, officers,
employees and volunteers from and against any and all claims, actions, losses,
expenses, fines, costs (including legal costs), interest or damages of every nature
and kind whatsoever, including but not limited to bodily injury or to damage to or
destruction of tangible property including loss of revenue arising out of or allegedly
attributable to the negligence, acts, errors, omissions, whether willful or otherwise
by EC, their officers, employees, volunteers, or others for whom the Named
Insured is legally responsible. This indemnity shall be in addition to and not in lieu
of any insurance to be provided by each party in accordance with this agreement
and shall survive this agreement.

AUG shall defend. indemnify and save harmless EC, their elected officials, offiCers,
employees and volunteers from and against any and all claims, actions, losses,
expenses, fines, costs (including legal costs), interest or damages of every nature
and kind whatsoever, including but not limited to bodily injury or to damage to or
destruction of tangible property including loss of revenue arising out of or allegedly
attributable to the negligence, acts, errors, omissions, whether willful or otherwise
by AUG, their officers, employees, volunteers, or others who the Named Insured
is legally responsible. This indemnity shall be in addition to and not in lieu of any
insurance to be provided each party in accordance with this agreement and shall
survive this agreement.

IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the
hands of its proper officers.

SIGNED, SEALED and EXECUTED

The Corporation of the Township of Edwardsburgh Cardinal

Signed by the Mayor and Clerk for Edwardsburgh Cardinal

The Corporation of the Township of Augusta

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

Schedule “A”
Fire Area Description and Map

These directions are the borders of the area and are to include all roads and properties within these
borders.

• Weir Rd. from the Augusta – Edwardsburgh Cardinal Border to County Rd 18
• County Rd 18 from McCully Rd to McCrea Rd
• McCrea Rd from County Rd 18 to 6th Concession Rd.
• 6th Concession Rd from McCrea Rd to Mcleansville Rd
• Mcleansville Rd from 6th Concession Rd to County Rd 21
• County Rd 21 from Mcleansville Rd to County Rd 18(North)
• County Rd 18(North) from County Rd 21 to Hall Rd
• Hall Rd from County Rd 18 to Diamond Rd.
• Diamond Rd from Hall Rd to County Rd 18
• County Rd 18 from Diamond Road to the Augusta – North Grenville border
• The area shall include all roads and properties within these boundaries

Map of Augusta with the proposed fire area marked.

Map of Augusta with the proposed fire area marked

Schedule “B”

1. Only responses that ECFD will be dispatched to:

a. All Fires Except Burning Complaints and Investigations
b. Motor Vehicle Accidents
c. Farm Machinery, Industrial, Vehicle Extrication
d. Medical Assist/Emergency Only
e. Alarm Bells, Fire Signals, Smoke Detector or Water Flow Activations
f. Smoke internal or external