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HomeMy WebLinkAboutESD-002-18Clarftwn Emergency Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 12, 2018 Report Number: ESD -002-18 Resolution: GG -125-18 File Number: By-law Number: Report Subject: Automatic Aid Agreement - Oshawa Fire Services - Hwy 407 Recommendations: 1. That Report ESD -002-18 be received; 2. That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Oshawa Fire Services, Attachment 1 to Report ESD -002-18; and 3. That all interested parties listed in Report ESD -002-18 and any delegations be advised of Council's decision. Municipality of Clarington Report ESD -002-18 Report Overview Page 2 Clarington Emergency and Fire Services and Oshawa Fire Services require an Automatic Aid Agreement for Highway 407. 1. Background In June 2002, an Automatic Aid Agreement between the City of Oshawa and the Municipality of Clarington was approved. The agreement is specific to responding to incidents on Highway 401 between Courtice Road, Clarington and Harmony Road, Oshawa. The areas within the geographic boundaries of Oshawa and Clarington identify that a fire department in the other municipality is capable of responding more quickly than the fire department situated in the municipality. Therefore, Oshawa Fire Services will respond east to Courtice Road and Clarington Emergency and Fire Services will respond west to Harmony Road until the host department arrives on scene. This agreement has been reviewed with no changes identified. Both departments have identified that another automatic aid area is required with the completion of Highway 407 east from Harmony Road to Enfield Road in January 2018. 2. Proposal It is proposed that Clarington Emergency and Fire Services establish an Automatic Aid Agreement with Oshawa Fire Services for incidents that occur on Highway 407. The agreement will include the same criteria as the Automatic Aid Agreement in place for Highway 401. As identified in Attachment 1 to this report, Oshawa Fire Services will provide Automatic Aid Response to the eastbound lanes of Hwy. 407 from Harmony Rd. to Enfield Rd. and Clarington Emergency and Fire Services will provide Automatic Aid Response to the westbound lanes from Enfield Rd. to Harmony Rd. 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4. Conclusion It is respectfully recommended that the Automatic Aid Agreement (Attachment 1) to this report be approved and that the Mayor and Clerk be authorized to execute this Agreement with Oshawa Fire Services. Municipality of Clarington Report ESD -002-18 5. Strategic Plan Application Not applicable. Page 3 J-jc- Submitted by: Reviewed by: Gord Weir, Andrew C. Allison, B. Comm, LL.B Director of Emergency & Fire Services CAO Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or gweir@clarington.net GW/pm Attachments: Attachment 1 - Automatic Aid Agreement — Oshawa 2018 Hwy 407 Interested Parties: Derrick Clark, Oshawa Fire Services Fire Chief Attachment 1 to Municipality of Clarington Report ESD -002-18 Automatic Aid Agreement This agreement made in triplicate this day of February, 2018. Between: The Corporation of the City of Oshawa - and - The Corporation of the Municipality of Clarington Recitals ("OSHAWA") ("CLARINGTON") 1) Subsection 2(6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 provides that a municipality may enter into an automatic aid agreement to provide or receive the initial or supplemental response to fires, rescues and emergencies. 2) There are areas within the geographic boundaries of each of OSHAWA and CLARINGTON to which a fire department in the other municipality is capable of responding more quickly than a fire department situated within the municipality. In consideration of the mutual covenants, provisions and conditions contained herein, and for other good and valuable consideration, OSHAWA and CLARINGTON covenant and agree as follows: 1.0 DEFINITIONS/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 AGREEMENT in regular case, it shall be deemed to have the meaning ordinarily attributed to it in the English language. a) AGREEMENT means this automatic aid agreement including its 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 Ontario Highway 407 EAST and 407 WEST located between Harmony Road, Oshawa and Enfield Road, Clarington. Page 4 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 c) AUTOMATIC AID RESPONSE means the provision of INITIAL OR SUPPLEMENTAL RESPONSE SERVICES by a PARTICIPATING FIRE SERVICE. d) CLARINGTON means The Corporation of the Municipality of Clarington and, where the context allows, its employees, servants and agents. e) 407 EAST means the eastbound lanes of Ontario Highway 407 between Harmony Road, Oshawa and Enfield Road, Clarington. f) 407 WEST means the westbound lanes of Ontario Highway 407 between Enfield Road, Clarington and Harmony Road, Oshawa. g) HOME FIRE CHIEF means the Fire Chief of the HOME MUNICIPALITY. h) HOME FIRE SERVICE means the fire service within the HOME MUNICIPALITY that, but for the provisions of this AGREEMENT, would be the only fire service responsible for responding to an INCIDENT. For those parts of 407 EAST and 407 WEST within the territorial limits of OSHAWA, HOME FIRE SERVICE means Oshawa Fire Services. For those parts of 407 EAST and 407 WEST within the territorial limits of CLARINGTON, HOME FIRE SERVICE means Clarington Emergency and Fire Services. i) HOME MUNICIPALITY means the municipality which receives an AUTOMATIC AID RESPONSE. j) INCIDENT means fires, rescues or emergencies that occur in the AUTOMATIC AID AREA. k) INITIAL OR SUPPLEMENTAL RESPONSE SERVICES for the purpose of this AGREEMENT means the provision of an initial or supplemental response designed to address the adverse effects of an INCIDENT. 1) OSHAWA means The Corporation of the City of Oshawa and, where the context allows, its employees, servants and agents. m) PARTICIPATING FIRE SERVICE means the fire service within the PARTICIPATING MUNICIPALITY with responsibility pursuant to this Agreement for providing an AUTOMATIC AID RESPONSE. For those parts of 407 EAST and 407 WEST within the territorial limits of Oshawa, PARTICIPATING FIRE SERVICE means Clarington Emergency and Fire Services. For those parts of 407 EAST and 407 WEST within the territorial limits of Clarington, PARTICIPATING FIRE SERVICE means Oshawa Fire Services. Page 5 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 n) PARTICIPATING MUNICIPALITY means the municipality whose PARTICIPATING FIRE SERVICE provides an AUTOMATIC AID 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. 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 the AGREEMENT shall commence on February 12, 2018 and shall continue indefinitely until either or both parties provide sixty (60) calendar days written notice to the other party terminating the AGREEMENT. 2.02 Review: This AGREEMENT shall be reviewed yearly by the Participating Fire Chiefs. 3.0 AUTOMATIC AID RESPONSE 3.01 AUTOMATIC AID RESPONSE: Upon the occurrence of an INCIDENT, an AUTOMATIC AID RESPONSE shall be provided by the PARTICIPATING FIRE SERVICE. 3.02 HOME FIRE SERVICE Response: Notwithstanding any provision within this AGREEMENT, upon the occurrence of an INCIDENT, the HOME FIRE SERVICE shall also respond to the INCIDENT. 3.03 Command: -When a HOME FIRE SERVICE and a PARTICIPATING FIRE SERVICE respond to an INCIDENT, the Incident Commander of the HOME FIRE SERVICE shall assume responsibility for the overall command of and coordination of operations in respect of the INCIDENT. 3.04 Incident Management System: The Parties acknowledge and agree that the Incident Management System of the HOME FIRE SERVICE shall be utilized. Page 6 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 4.0 COST 4.01 No -cost Basis: There shall be no cost to the HOME MUNICIPALITY or the HOME FIRE SERVICE for the provision of an AUTOMATIC AID RESPONSE by the PARTICIPATING FIRE SERVICE. 5.0 RELEASE 5.01 No Claims: Neither party shall have any claim, demand, action, charge, cost damage, liability, loss, proceeding, suit or expense (including legal fees) against the other party (inclusive of its respective fire services department, elected officials, employees, servants and agents) for detriment, damage, loss, accident or injury, of any nature whatsoever or howsoever caused to any person or property, including employees, buildings, structures, erections, equipment, material, supplies, motor or other vehicles, fixtures, articles, effects or 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 ("Claim(s)"), save and except where the Claim is caused by or results from a negligent act or omission by the other party. Paragraph 5.01 shall survive termination of this Agreement. 5.02 Indemnification: Each party shall at all times indemnify and save harmless the other party (inclusive of its respective fire services department, elected officials, employees, servants and agents) from and against any Claim(s) made against the other party only if and to the extent that such Claim(s) is caused by or results solely from a negligent act or omission by the first party (inclusive of its respective fire services department, elected officials, employees, servants and agents). Paragraph 5.02 shall survive termination of this AGREEMENT. 6.0 MISCELLANEOUS 6.01 Notice: Any notice to be given under this AGREEMENT shall be sufficiently given if delivered or if sent by prepaid first class mail and addressed to OSHAWA at: Oshawa Fire Chief Oshawa Fire Services 199 Adelaide Avenue West Oshawa, Ontario L1 J 7131 or to CLARINGTON at: Clarington Fire Chief Clarington Emergency and Fire Services 2430 Highway 2 Page 7 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 Bowmanville, Ontario L1 C 3K7 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/Time: 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 any material or service, or any cause beyond the reasonable control of the party. Otherwise, time shall be of the essence of this AGREEMENT and all the obligations contained herein. 6.03 Arbitration: All disputes 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, as amended, and every award or determination shall be final and binding on the parties and shall not be subject to appeal. The arbitrator shall be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interests of the parties to the arbitration in accordance with this AGREEMENT. The arbitrator shall not be bound by the provisions of the Arbitration Act, 1991, S.O. 1991 c. 17 in respect of her or his 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 may not be assigned. 6.05 Successors: The rights and liabilities of the parties shall ensure to the benefit of and be binding upon the parties. 6.06 MFIPPA: This AGREEMENT may 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. Page 8 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 6.07 Entire Agreement: This AGREEMENT contains the entire agreement between the parties relating to the AUTOMATIC AID RESPONSE identified within this AGREEMENT and it is agreed that there is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, pertaining to the AUTOMATIC AID RESPONSE 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 the AUTOMATIC AID RESPONSE in existence at the time of execution and delivery of this AGREEMENT. The Parties acknowledge and agree that this AGREEMENT is not part of the Durham Region Emergency Fire Services Mutual Aid Plan. 6.08 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, invalid 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. 6.09 Waivers: No supplement, amendment or waiver of or under this AGREEMENT shall be binding unless executed in writing by the party 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. 6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a joint venture between OSHAWA and WHITBY. 6.11 Execution: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which, when taken together, shall be deemed to constitute one and the same Agreement, and shall be effective when counterparts have been signed by each of the parties and delivered to the other. A manual signature on this Agreement, an image of which shall have been transmitted electronically, shall constitute an original signature for all purposes. Witness whereof the parties hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf. Page 9 of 10 Attachment 1 to Municipality of Clarington Report ESD -002-18 The Corporation of the City of Oshawa Derrick Clark, Oshawa Fire Services Fire Chief I have authority to bind the City pursuant to section 64 of the City's By-law 29-2009, as amended The Corporation of the Municipality of Clarington Mayor Clerk Page 10 of 10