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HomeMy WebLinkAboutESD-001-16 claringtol, Emergency r mc Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: February 16, 2016 Report Number: ESD-001-16 Resolution: (->G- CY-4 — File Number: N/A By-law Number: Report Subject: Automatic Aid Agreement - Oshawa Fire Services Recommendations: 1. That Report ESD-001-16 be received; and 2. That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with the Oshawa Fire Services (Attachment 1 to Report ESD-001-16). Municipality of Clarington Report ESD-001-16 Page 2 Report Overview Clarington Emergency and Fire Services is looking to enter into an Automatic Aid Agreement with Oshawa Fire Services for specialty rescue services as some of our disciplines are only at the Awareness Level, Oshawa Fire Services offers these services to the other fire services in Durham Region for a specific set fee per hour. 1 . Background In June 2002, an Automatic Aid Agreement was approved between the City of Oshawa and the Municipality of Clarington. The agreement dealt'with east and westbound movement on Highway 401 between Harmony Road and Courtice Road. Our municipal boundary is approximately 2 km. east of Harmony Road and access to the highway for Clarington Emergency and Fire Services to respond to calls east of Harmony Road in the eastbound lanes is delayed. The same can be said for the westbound lanes of the 401 to Courtice Road for Oshawa Fire Services. Therefore the agreement was put in place to allow Oshawa Fire to respond east to Courtice Road and Clarington Emergency and Fire Services to respond west to Harmony Road until the host department arrives on scene. This ensures the most efficient response to this specific area of the highway. 2. Discussion In 2015, Oshawa Fire Services advised all fire departments in Durham Region that, should they require assistance with regards to a specialized rescue response, there would be a charge for the service. These specialized services include hazardous materials responses, high angle rope rescue responses, trench and confined space rescue responses. Clarington Emergency and Fire Services has limited training in these areas. As calls for these types of emergencies are very low and costs to provide the training and equipment are costly, assistance with these specialized, technical services has been added to the Automatic Aid Agreement. 3. Conclusion Staff recommends entering into the Automatic Aid Agreement (Attachment 1), which includes special rescue services, with the City of Oshawa. Calls for service pertaining to specialized rescue will be monitored. Should it become apparent Clarington and Emergency and Fire Services should address this specialized training, Council will be advised and funds may be sought after for the training and equipment. 4. Concurrence This report has been reviewed by Nancy Taylor, Director of Finance who concurs with the recommendation. Municipality of Clarington Report ESD-001-16 Page 3 5. Strategic Plan Application Not applicable Submitted by: �'"' Reviewed b ~ Gord Weir, Franklin Wu, Director of Emergency Services Chief Administrative Officer Staff Contact: Gord Weir, Fire Chief, 905-623-3379 ext. 2802 or gweir@clarington.net Attachments: Attachment 1 —Automatic Aid Agreement There are no interested parties to be notified of Council's decision. GW/mb Attachment 1 to Report ESD-001-16 This AGREEMENT made this day of February, 2016 BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA ("OSHAWA") -and- The Municipality of Clarington ("Clarington") RECITALS 1. Subsection 2(5) of the Fire Protection and Prevention Act, 1997 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to 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. 2. Subsection 1(4) of the Fire Protection and Prevention Act, 1997 provides that for the purposes of that Act, an automatic aid agreement means any agreement under which, (a) 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 (b) a municipality agrees to ensure the provision of a supplemental 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 supplemental response to fires, rescues and emergencies occurring in the part of the other municipality. IN CONSIDERATION OF the mutual covenants, provisions and conditions contained herein, and for other good and valuable consideration, Oshawa and Clarington agree as follows: 1.0 INTERPRETATION 1.01 Definitions: Wherever a term set out below appears in the text of this AGREEMENT in capital letters, the term shall have the meaning set out for it in this Section 1.01. Wherever a term below appears in the text of this 1 AGREEMENT in regular case, it shall be deemed to have the meaning ordinarily attributed to it in the English language. (a) AGREEMENT means this agreement including the recitals and any schedules which form an integral part of it, as amended from time to time. (b) AUTOMATIC AID AREA means any or all of The Municipality of Clarington. (c) AUTOMATIC AID RESPONSE means the delivery of SPECIALIZED RESCUE SERVICES by OSHAWA. (d) HOME FIRE CHIEF means the fire chief of the HOME MUNICIPALITY. (e) HOME FIRE SERVICES means the fire service within the HOME MUNICIPALITY that, but for the provisions of this AGREEMENT, would be responsible for providing INITIAL RESPONSE SERVICES. (f) HOME MUNICIPALITY means the municipality which is provided with an AUTOMATIC AID RESPONSE. (g) INCIDENT means specialized rescue incidents that occur in an AUTOMATIC AID AREA. (h) INITIAL RESPONSE SERVICES for the purpose of this AGREEMENT means the provision of an initial response designed to address the adverse effects of an INCIDENT. (i) OSHAWA means The Corporation of the City of Oshawa including its successors and assigns, and, where the context allows, its employees, servants and agents. OSHAWA is the municipality that provides an AUTOMATIC AID RESPONSE. (j) OSHAWA FIRE SERVICES is the fire services department with responsibility for providing an AUTOMATIC AID RESPONSE. (k) SPECIALIZED RESCUE SERVICES means the provision of high/low angle rescue, confined space rescue, trench rescue, land based water/ice rescue and hazardous materials response. 1.02 Gender, Plural: All words in this AGREEMENT shall be deemed to include any number or gender as the context requires. 1.03 Proper Law: This AGREEMENT shall be interpreted according to the laws of the Province of Ontario. . 2 1.04 Headings: Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the following text. 1.05 Legislation: Reference to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation. 2.0 TERM 2.01 Term: The term of this AGREEMENT shall be indefinite and will be reviewed yearly by the participating fire chiefs. 2.02 Termination: This AGREEMENT may be terminated by either party on sixty (60) days written notice to the other party. 3.0 AUTOMATIC AID RESPONSE 3.01 AUTOMATIC AID RESPONSE: Upon the occurrence of an INCIDENT, an AUTOMATIC AID RESPONSE shall be provided by OSHAWA FIRE SERVICES unless OSHAWA FIRE SERVICES is unable to respond to the INCIDENT due to equipment failure or malfunction or attendance at another INCIDENT. 3.02 Response: Upon the occurrence of an INCIDENT, the HOME FIRE SERVICES shall respond. 3.03 Command: When a HOME FIRE SERVICE and OSHAWA FIRE SERVICES respond to an INCIDENT, the incident commander of the HOME FIRE SERVICES shall assume responsibility for the overall command of the INCIDENT. OSHAWA FIRE SERVICES shall assume responsibility for the command of the coordination of the specialized rescue operation component of the INCIDENT. 3.04 Incident Management: The incident management system of the HOME FIRE SERVICES shall be utilized. 4.0 COST 4.01 The cost to the HOME MUNICIPALITY for the provision of an AUTOMATIC AID RESPONSE will be based on current Ministry of Transportation rates for all vehicles responding, replacement of consumable materials and overtime costs incurred by OSHAWA FIRE SERVICES for backfilling staff. 5.0 RELEASE AND INDEMNITY 5.01 No Claims: Neither party shall have any claim or demand against the other for detriment, damage, accident or injury of any nature whatsoever or howsoever caused to any person or property, including any buildings, structures, erections, 3 equipment, material, supplies, motor or other vehicles, fixtures and articles, effects and things in any manner based upon, occasioned by or attributable to the execution of the AGREEMENT, or the exercise in any manner of rights arising under the AGREEMENT. 5.02 Agreement Indemnification: Each party covenants and agrees that it shall at all times indemnify and save harmless the other from and against all actions, charges, claims, costs, damages, demands, liabilities, losses, proceedings, suits, and expenses (including legal fees) by whomsoever made, brought or prosecuted, in any manner based upon, occasioned by or attributable to the execution of the AGREEMENT or any action taken or things done or maintained by virtue of the AGREEMENT, or the exercise in any manner of rights arising under the AGREEMENT, except claims for damage resulting from the negligence of the other party. 5.03 HOME FIRE SERVICES Indemnification: HOME FIRE SERVICES covenants and agrees that it shall at all times indemnify and save harmless OSHAWA FIRE SERVICES from and against all actions, charges, claims, costs, damages, demands, liabilities, losses, proceedings, suits, and expenses (including legal fees) which may be brought against, made upon on incurred by OSHAWA FIRE SERVICES resulting from or arising out of or in any way related to the INITIAL RESPONSE SERVICES and/or operations of the HOME FIRE SERVICES. 5.04 OSHAWA FIRE SERVICES Indemnification: OSHAWA FIRE SERVICES covenants and agrees that it shall at all times indemnify and save harmless HOME FIRE SERVICES from and against all actions, charges, claims, costs, damages, demands, liabilities, losses, proceedings, suits, and expenses (including legal fees) which may be brought against, made upon on incurred by HOME FIRE SERVICES resulting from or arising out of or in any way related to the SPECIALIZED RESCUE SERVICES and/or operations of the OSHAWA FIRE SERVICES. 5.05 For the duration of this AGREEMENT, each party shall procure and maintain a Commercial General Liability (CGL) insurance policy written on an occurrence basis with a liability limit of not less than fifteen million dollars ($15,000,000) in respect of any one accident or occurrence with the other party named on the policy as Additional Insured. Policy coverage shall include, but is not limited to, third party bodily injury including death, property damage, personal injury, products and completed operations. Each party shall verify that valid insurance coverage as set out in this AGREEMENT is in place by submitting an Insurance Certificate to the other party that must be acceptable in all respects to the other party. 4 6.0 MISCELLANEOUS 6.01 Notice: Notice or communication to be given pursuant to this AGREEMENT shall be in writing, and delivered either personally, by prepaid courier or by facsimile, to the following address, or to such other address as may be designated by such party by notice given to the other party in accordance with this section: In the case of Oshawa, to: Oshawa Fire Services Facsimile: 905- 433-0276 Attn.: Oshawa Fire Chief 199 Adelaide Avenue West Oshawa ON L1J 7B1 In the case of Clarington, to: Clarington Emergency and Fire Services Facsimile: 905-623-3073 Attn.: Clarington Fire Chief Email: gweir@clarington.net 2430 Highway 2 Clarington, On L1 C 31<7 Receipt of notice shall be deemed on the date of delivery, or five (5) days following the date of mailing of the notice, whichever is applicable. Either party may change its address for notice by giving notice of change of address pursuant to this section. 6.02 Force Majeure: Notwithstanding anything in this AGREEMENT, neither party shall be in default with respect to the performance of any of the terms of this AGREEMENT if any non-performance is due to any force majeure, strike, lock- out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain material or service, or any cause beyond the reasonable control of the party (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this AGREEMENT and all the obligations contained herein. 6.03 Arbitration: All matters of differences arising between OSHAWA and CLARINGTON in any matter connected with or arising out of this AGREEMENT shall be referred to a single arbitrator, if the parties agree upon the arbitrator's identity. Should the parties be unable to agree upon the identity of an arbitrator, then the matter shall be referred to a single arbitrator, to be appointed by a Justice of the Superior Court of Justice. The arbitrator shall conduct the arbitration pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17 and every award or determination shall be final and binding on the parties and their successors and assigns, and shall not be subject to appeal. The arbitrator shall 5 be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interest of the parties to the arbitration in accordance with this AGREEMENT, and she or he shall not be bound by the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 in respect of his or her fees. The arbitrator shall be entitled to award all or part of her or his fees against any party in accordance with the principles which govern an award of costs against a non-successful party in a contested matter before the Superior Court of Justice. In the absence of such an award by the arbitrator, the arbitrator's costs shall be borne equally by both parties, without regard to their involvement in the arbitration. 6.04 No Assignment: This AGREEMENT can only be assigned to another party on the written consent of both parties. 6.05 Successors: This AGREEMENT shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 6.06 Entire Agreement: This AGREEMENT contains the entire agreement between the parties relating to AUTOMATIC AID RESPONSE and it is agreed that there is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this AGREEMENT and this AGREEMENT fully replaces and supersedes any letter, letter of intent, or other contractual arrangement between the parties related to AUTOMATIC AID RESPONSE in existence at the time of execution and delivery of this AGREEMENT. This AGREEMENT is not part of the Durham Region Emergency Fire Services Plan (Mutual Aid). 6.07 Partial Invalidity: If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this AGREEMENT shall be held wholly or partially illegal or unenforceable by any court of competent jurisdiction, OSHAWA and CLARINGTON agree that the remainder of this AGREEMENT shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this AGREEMENT shall have effect, notwithstanding any statute to the contrary. 6.08 Waiver: No supplement, amendment or waiver of or under this AGREEMENT (excepting notice of change of address as contemplated in section 6.01 shall be binding unless executed in writing by the party or parties to be bound thereby and no waiver by a party of any provision of this AGREEMENT shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. 6 6.09 This AGREEMENT shall be disclosed in response to a request for records pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, as amended from time to time. IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the hands of its proper officers on the date inscribed on the first page of this Agreement. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE CITY OF OSHAWA Jag Sharma, City Manager 1 have authority to bind the Municipality Pursuant to section 63 of the By-law 29- 2009, as amended. ) The Municipality of Clarington Adrian Foster, Mayor C. Anne Greentree, Clerk 7