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HomeMy WebLinkAbout2001-172 r , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2001 — 172 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and The Corporation of the Town of Port Hope and Hope to provide assistance in the matter of Fire protection THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporate Seal, an agreement between The Corporation of the Town of Port Hope and Hope and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 24th day of September, 2001. By-law read a third time and finally passed this 24th day of September, 2001. Joh Mutton, Mayor - M g eputy Clerk THIS AGREEMENT made in triplicate this 16 day of �06NN V At z o a Z BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE (hereinafter called the "Corporation") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Corporation") OF THE SECOND PART WHEREAS the Corporation of the First Part is the owner of certain fire fighting equipment and maintains a Fire Department; AND WHEREAS the Corporation of the First Part and Second Part wish to provide assistance in the matter of fire protection in the Corporation of the other Part; NOW THIS AGREEMENT witnesseth that in consideration of the mutual covenants and conditions herein contained the Corporations hereto have agreed as follows: provided, however, that it is expressly understood and agreed as a condition precedent to this Agreement, that the Corporation of the First Part and Second Part shall be under no legal liability to the other Corporation or any Third Party for failure of its equipment or failure to respond to, or arrive at the scene of a fire within the other municipality, and that the Corporation of the First Part and Second Part shall save the Corporation of the other Part harmless from all claims, losses, clean-up liability and damages arising therefrom; NOW THEREFORE the Corporation of the First Part and the Corporation of the Second Part hereby agree as follows: 1. The Corporation of the First Part agrees to provide fire protection services which shall be deemed to include: 1.1_ Fire fighting; 1.2 Hazardous material incidents (awareness level only); 1.3 Search and rescue; 1.4_ First Aid and Ambulance Assistance 2.1 The Corporation of the First Part agrees to provide a triple combination fire truck (pumper) with at least 500 gallons of water and one blocker(if required), and one rescue van equipped with the equipment to perform normal extrication calls and First Aid equipment to perform normal first aid in emergencies. The Corporation of the First Part shall provide this service to the west bound lane of the Queens Highway 401 from the County Road 28 interchange, exit 464 westerly to the Newtonville Road, exit 448. The Corporation of the First Part agrees to also respond to any occurrences that should take place on the return trip back to their own municipality. The Corporation of the First Part agrees to perform these services for the remuneration received from the Province of Ontario for responses on Provincial Highways. 2.2 The Corporation of the Second Part agrees to provide a triple combination fire truck (pumper)with at least 500 gallons of water, and one blocker(if required) and one rescue van equipped with the equipment to perform normal extrication calls and First Aid equipment to perform normal first aid in emergencies. The Corporation of the Second Part shall provide this service to the east bound lane of the Queens Highway 401 from the Newtonville Road, exit 448 easterly to the Wesleyville Road, exit 456. The Corporation of the Second Part agrees to also respond to any occurrences that should take place on the return trip back to their own municipality. The Corporation of the Second Part agrees to perform these services for the remuneration received from the Province of Ontario for responses on Provincial Highways. V - 2 - 3. Corporation of the First Part and Second Part agrees to provide a minimum of seven men with the aforesaid fire fighting equipment. 4.1 The Corporation of the Second Part agrees that in the event of a fire in the Municipality of Port Hope necessitating the return of fire fighting equipment to Port Hope, that the said equipment shall be returned forthwith, and the Corporation of the First Part shall incur no liability whatsoever. 4.2 The Corporation of the First Part agrees that in the event of a fire in Clarington necessitating the return of fire fighting equipment to Clarington, that the said equipment shall be returned forthwith, and the Corporation of the Second Part shall incur no liability whatsoever. 5. All members of either Fire Department, while answering, attending or returning from any incident in either municipality shall be under the sole supervision, direction and control of the Senior Officer of their respective Fire Department present at such incident. 6. The term of this Agreement shall remain in force and effect from the 1st day of December and from year to year thereafter until replaced by a new Agreement. It is understood and agreed that either Party can request termination of this Agreement at any time by giving six months notice in writing to the other Party. IN WITNESS WHEREOF the Corporation Seals of the parties are hereto affixed under hands of their proper officers. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE IN THE PRESENCE OF: ) MUNICIPALITY OF PORT HOPE May'(r Clerk THE CORPORATION OF THE MUNICIP ITY OF CLARINGTON Mayor CI k