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Home > By-Laws > 3559-2022 Fire Protection Agreement with Town of Prescott

3559-2022 Fire Protection Agreement with Town of Prescott

3559-2022 Fire Protection Agreement with Town of Prescott

BEING A BY-LAW TO ENTER INTO A FIRE PROTECTION AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF AUGUSTA AND THE TOWN OF PRESCOTT.

Passed by Council April 25, 2022.


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3559-2022
A BY-LAW TO ENTER INTO A FIRE PROTECTION AGREEMENT BETWEEN
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA AND
THE TOWN OF PRESCOTT

WHEREAS Section 20(1) of the Municipal Act, 2001, 5.0 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 Town of Prescott 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 Town of Prescott 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 THAT all other by-laws inconsistent herewith are hereby repealed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 25 day of April, 2022.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

Appendix A of By-law 3559-2022
The Corporation of the Township of Augusta
Hereinafter called “Augusta”
Of the first part:
AND
The Corporation of the Town of Prescott
Hereinafter called “Prescott”

OF THE SECOND PART:

WHEREAS pursuant to the Municipal Act, 2001, c.25 S. municipalities may enter into an
agreement with one or more local bodies to jointly provide for their benefit any matter
which all have the power to provide their own bodies;

AND WHEREAS Section 2(6) of the Fire Protection and Prevention Act, 1997 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. 197, 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. “Department” means the home fire department

d. “Fire Chief’ means the Fire Chief appointed under the subsecton6(1), (2)
or(4) FPPA 1997

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

2. The Prescott Fire Department will supply, except as herein after limited or
excluded, automatic aid to the Augusta in the fire area as described in Schedule
“A” attached hereto and forming part of this agreement.

3. The Prescott Fire Department will provide the services in Augusta as outlined in
Schedule “B”.

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

5. Notwithstanding Section 3 above, the Prescott Fire Chief or designate may
refuse to supply the described response to occurrences if such response,
personnel, apparatus, or equipment are required in the Prescott Fire Department
area or elsewhere. Similarly, the Prescott Fire Chief or designate, may order the
return of such personnel, apparatus or equipment that is responding to or is at the
scene of an emergency within the fire area.

6. The Prescott Fire Chief or designate, shall have full authority and control over
any and all activities in which the Prescott Fire Department maybe engaged in
the fire area of Augusta until command is transferred to an officer of the Augusta
Fire Department.

7. The Prescott Fire Chief or designate, shall report to Augusta all occurrences in
the fire area to which the Prescott Fire Department has responded.

8. The Augusta Fire Department agrees to provide confirmation to their
communications centre (dispatch) of the Automatic Aid Agreement and fire
area.

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

10.Augusta 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
Prescott Fire Department.

11. In consideration of the Automatic Aid Agreement undertaken by the Prescott
Fire Department in Augusta, the township of Augusta shall reimburse the
Prescott Fire Department at the rates outlined in Schedule “C”. Invoicing will be
done on a quarterly basis.

12. Notwithstanding anything herein contained, no liability shall attach or accrue to the
Prescott Fire Department for failing to supply to Augusta on any occasion, or
occasions, and of the Automatic Aid Agreement provided for this agreement.

13. 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).

14.Any dispute between the parties of this agreement, or any of them, with respect to
any matter contained in this Agreement, including, but not limited to the
interpretation of the Agreement, the dispute 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.

15. 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.

16.This agreement shall be in force for a period of four (4) year commencing on
January 1, 2022 and expiring on December 31, 2025, and thereafter shall be
automatically renewed from year to year unless any party gives notice to the other
party, as set out in Section (13).

17. Notwithstanding Section (16) 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 (13).

18. 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 $20,000,000.00 per occurrence / S20,000.000.00 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, properly & operations; non-owned automobile; broad
form property damage: broad form completed operations; owners & contractors
protective; occurrence property damage; products; employees as Additional
Insured(s); contingent employers liability; tenants legal liability; cross liability and
severability of interest clause.

The Corporation of the Town of Prescott shall add the Corporation of Township of
Augusta 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 Corporation of
the Township of Augusta.

The Corporation of Township of Augusta shall add the Corporation of the Town of
Prescott as an Additional Insured subject to a waiver of subrogation with respect to
the operations of the Corporation of Town of Prescott. This insurance shall be noncontributing
with and apply as primary and not as excess of any insurance available
to the Corporation of the Town of Prescott.

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
$20000000.00 inclusive for each and every loss.

Each party shall carry Environmental liability for a limit of not less than $2,500,000
per incident I $5000000 aggregate covering gradual and sudden & accidental
incidents arising from their operation. Coverage shall include third party liability for
bodily injury and properly damage including loss of use and on-site / off-site clean
up. If such insurance is a claim-made basis, such insurance shall be maintain for 2
years following conclusion of services or contain a 24-month extended reporting
period.

Each party shall be responsible for the any deductible under their own insurance
policy. Each party shall keep their property / 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 provide the other party with a certificate of insurance evidencing
the above noted coverage prior to execution of service.

19. Indemnification:
The Corporation of the Town of Prescott shall defend, indemnify and save
harmless the Corporation of the Township of Augusta, 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 properly including loss of revenue arising
out of or allegedly attributable to the negligence, acts, errors, omissions,
whether willful or otherwise by the Corporation of the Town of Prescott, 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.

The Corporation of the Township of Augusta shall defend, indemnify and save
harmless the Corporation of the Town of Prescott, 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 the Corporation of the Township of Augusta, 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 if it’s proper officers.

SIGNED, SEALED and EXECUTED

The Corporation of the Town of Prescott

_______________________________________
Mayor

_______________________________________

Clerk

The Corporation of the Township of Augusta

_______________________________________

Mayor

_______________________________________

Clerk

 

Schedule “A”

map of area to be covered in fire protection agreement

• County Road 2 from the Prescott border west to Blue Church Road (County Road
31), including all roads that run south from County Road 2 (including Myers Point
Road, Blakey’s Point Road, St. Lawrence Court)

• Blue Church Road north from County Road 2 to Lords Mills Road.

• Lords Mills Road east from Blue Church Road to Charleville Road.

• Charleville Road north from Lords Mills Road to Skakum Road

• Skakum Road east from Charleville Road to McCully Road

• McCully Road north from Skakum Road to County Road 18

• County Road 18 East from McCully Road to the Prescott border, including all
roads that run east from County Road 18 to Edwardsburgh Cardinal border
(including Patterson Road, Glen Smail Road. Barton Road, Maple Ave, Cedar
Grove Road)

Schedule “B”

1. Automatic Aid to the following:

a. Fires
b. Motor Vehicle Incidents
c. Medical Assist-Emergency

2. Calls- Not to be dispatched to:

a. CO Alarms with no symptoms present
b. Bomb Threat
c. Medical: Assist, Ambulance(non-emergency)
d. Burning Complaint
e. Public Hazard: Washdown
f. Public Hazard: Gasoline/Diesel Spill

3. Emergency Calls-Specialty Service

a. Water / Ice Rescue-Land Based (Certified Technical)

i. These calls will be billed as per the current MTO Rates as outlined
following the fire departments SOG’s.

4. Aerial Ladder Request

a. Requested by an Officer of the Augusta Fire Department.

i. These calls will be billed as per the current MTO Rates as outlined
following the fire departments SOG’s.

Schedule “C”

Annual Base Rate Charge

Effective January 1, 2022, the annual base rate charge will be $15,356.22

The annual base rate charge will be increased annually using the consumer price index
for Ontario reported by Statistics Canada for the most recent twelve-month period.

Any additional piece of equipment requested to be added will use the same formula
methodology and initiated through Section 13 of the agreement.

Call Response

Calls will be billed out as per the current MTO rates established by Province. Each call will
have a minimum fifteen (15) minute callout charge per vehicle. Calls will be tracked and
rounded up to the closest fifteen (15) minute interval. The vehicle unit response call time
is set out through department SOG’s.

For greater clarity, the billing calculation will start at the time of dispatch and end with the
back in service time. That minutes between the two times will be rounded up to the closest
15 minutes upon which the MTO current MTO rate will apply.