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HomeMy WebLinkAboutESD-001-23Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: May 8, 2023 Report Number: ESD-001-23 Submitted By: Dave Speed, Fire Chief, CEFS Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Fire Services By-law and Fire Services Agreements Recommendations: 1. That Report ESD-001-23 be received; 2. That Council approve the revised Clarington Emergency and Fire Services Governing Bylaw, Attachment 2 to Report ESD-001-23, repealing By-law 2017-033; 3. That the Mayor and Clerk be authorized to sign the Fire Protection Services agreement with Oshawa effective June 1, 2023, Attachment 3 to Report ESD-001- 23; and 4. That the Mayor and Clerk be authorized to sign the revised Automatic Aid agreement between Port Hope and Clarington effective June 1, 2023, Attachment 4 to Report ESD-001-23. Municipality of Clarington Report ESD-001-23 Report Overview Page 2 The Mayor and Council use the Emergency and Fire Services Governing By-law to set the service levels provided by Clarington Fire and Emergency Services (CEFS) to the Clarington community. The existing By-law 2017-033 requires modifications to accurately reflect services that are and are not currently provided by CEFS, to remove items that are regulated under the authority of the Fire Protection and Prevention Act, and to add items that are recommended by CEFS to be included. Should Council approve the updated Fire Services Governing By-law as recommended, there are rescue services that may be required beyond the Awareness level that are not provided by CEFS. It is therefore recommended that Clarington enter into a Fire Protection Services agreement with Oshawa Fire Services to have them provide them on a requested pay per usage basis. The existing Automatic Aid agreement with Port Hope has been separated from the Fire Services Governing By-law as a stand-alone agreement and has been updated to include an additional response coverage area, and some additional agreement language. 1. Background Fire Services Governing By-law 1.1 In 2017, the Emergency and Fire Services Governing By-law was updated through Report ESD-002-17 and By-law 2017-033. Since that time, the CEFS Master Fire Plan and Community Risk Assessment have been developed, and By-law 2017-033 requires updating to reflect the current needs and risks of the Clarington community. Fire Protection Services Agreement 1.2 CEFS has previously received some training in rescue types that occur infrequently in Clarington. However, this training is time consuming and costly and is not justified considering the number of times these rescue types have occurred. Following a review of rescue types in Clarington over the previous 10 years, it is clear that high angle rescue, trench rescue, building collapse rescue, confined space rescue, and non - shore -based water rescues have not been required to be performed. 1.3 These specialty rescue types, while infrequent, may be needed in the future in our growing community, and it is therefore prudent for Clarington to have a response plan in place to address them. Oshawa Fire Services has been providing these services and is willing to sign an agreement to provide them to Clarington. Municipality of Clarington Report ESD-001-23 Page 3 1.4 Automatic Aid Agreement — Automatic Aid agreements are used to provide services to the public in areas of a municipality that can be reached faster by another municipality. Fire crews are dispatched `automatically' based upon the agreement parameters. It is different from a Mutual Aid agreement where a municipality requests assistance at an emergency upon depletion of its resources. 1.5 Automatic Aid agreements are used extensively throughout Durham Region and Northumberland County. Clarington has existing Automatic Aid agreements with Oshawa Fire Services for overlapping areas of highways 401 and 407, and with Port Hope for overlapping areas of highway 401. 1.6 The Automatic Aid agreement with Port Hope is currently included as part of the Emergency and Fire Services Governing By-law. It has been separated out of the By- law and has been updated following meetings with Port Hope Fire. 2. Proposal Recommended Amendments to the Fire Services Regulating By-law 2.1 Part 1: Definitions • Awareness Level — new • Community Emergency Management Coordinator (CEMC) — new • Emergency — amended. • High Angle — removed. • Rope Rescue Level I — removed. • Volunteer Firefighter — removed. • Water and Ice Rescue Level II - removed. 2.2 Part 2: Establishment 2.2.1. New— 2.3, "there shall be one Fire Chief appointed by by-law, and there shall be two Deputy Chiefs. The Fire Chief shall report to the CAO and will perform the duties of the CEMC under the Authority of the EMCPA". Municipality of Clarington Report ESD-001-23 2.3 Part 4: Property/Apparatus Use - Eliminated Page 4 2.3.1. These statements are Departmental Policy and do not require the authority of Council to enact. 2.4 Part 5: Fire Suppression - Eliminated 2.4.1. These powers are granted to Fire Departments through the Fire Protection and Prevention Act and do not require the authority of Council. 2.5 Parts 6, 7 — Mutual/Automatic Aid Outside the Limits of the Municipality; Mutual Aid or Automatic Aid or Other Related Expenses 2.5.1. Content revised and placed into new Part 4 — Emergency Responses Outside the Territorial Limits of the Municipality of Clarington 2.6 Part 8 — Interference - Eliminated 2.6.1. 8.1, 8.2 and 8.5 are enforceable under the Fire Protection and Prevention Act, and do not require the authority of Council to enforce. 2.6.2. 8.3 and 8.4 are Fire Department operational policies and procedures that are implemented by CEFS on scene, with the support of DRPS as needed, and do not require the authority of Council to enforce. 2.7 Part 9: Offences - Eliminated 2.7.1. With the elimination of content in Parts 4 and 8, there is no need for a Part to reference offences. Any contraventions of the Fire Protection and Prevention Act or the Fire Code will be enforced through the relevant legislation. 2.8 Part 10: Conflict 2.8.1. Wording remains intact, and moved to new Part 5 2.9 Part 11: Severability 2.9.1. Wording remains intact, and moved to new Part 6 Municipality of Clarington Page 5 Report ESD-001-23 2.10 Part 12: Enforcement and Enactment 2.10.1. Wording remains intact, and moved to new Part 7 Appendix "A" Core Services 2.11 Section 1 Fire Suppression and Emergency Response 2.11.1. 1.1 Revised to include "as appropriate" to recognize that there are circumstances that may dictate which suppression service can be provided. Example — the ability to safely perform offensive mode fire operations is dependant upon a minimum number of fire personnel on scene. 2.11.2. 1.2 Revised to eliminate "medical acts such as defibrillation, standard first, CPR, EPIPEN Assistance..." as this is captured under "Base Hospital protocols". Added "delivered to the tiered response level determined by the Fire Chief". 2.11.3. 1.3 Special Rescue services have been broken out into separate sections for each service. Revised section 1.3 refers to vehicle extrication. 2.11.4. 1.4 Revised to eliminate statements about highly technical and specialized rescue services, and to specify that "rope/slope rescue response services will be delivered at the Operations level". 2.11.5. 1.5 Revised to specify that "Surface water and ice search and rescue response services will be delivered to provide land -based rescue". 2.11.6. 1.6 New — "Elevator emergency rescue response services shall be delivered". 2.11.7. 1.7 Revised to specify that "Hazardous materials response services will be delivered at the Operations level". 2.11.8. 1.8 New — "Other: Trench search and rescue, confined space search and rescue, switch water search and rescue, structural collapse search and rescue response services will be performed at the Awareness level". 2.12 Section 2 Training Services 2.12.1. New — Broken out of Section 1 into its own Section to specify the standards that fire staff are trained to. Municipality of Clarington Page 6 Report ESD-001-23 2.13 Section 3 Fire Prevention and Public Education Services 2.13.1. Revised Sections 2 and 3 to combine into one Section 2.13.2. Eliminated 2.3, 3.2 and 3.3 as they are required under the Fire Protection and Prevention Act, and do not require the authority of Council. 2.14 Section 4 Emergency Dispatching and Communications - Eliminated 2.14.1. Covered through the other standards and legislation. Council approves any emergency dispatching and communications agreements as part of the Purchasing process. Final Recommendations 2.15 It is recommended that the Fire Protection Services Agreement with Oshawa Fire Services be approved by Council to provide specialty rescue services to Clarington upon the request of CEFS. 2.16 CEFS will maintain operational command of all rescue emergencies, with Oshawa Fire Services becoming a rescue sector under CEFS Command. 2.17 There will be no cost to the Municipality unless the specialty rescue services covered under the agreement are utilized. 2.18 It is recommended that the revised Automatic Aid Agreement with Port Hope be approved by Council to provide authority to CEFS to respond to the On Route location in Port Hope on the south side of the 401 eastbound lanes. Despite its location in Port Hope, CEFS can arrive on scene faster than Port Hope Fire due to its location. Port Hope will still respond and will be required to drive in the westbound lanes of the 401, exit at Newtonville Road, turn around and respond on the eastbound lanes. 3. Financial Considerations 3.1 Should specialty rescue services be required under the Fire Protection Services Agreement with Oshawa Fire Services, costs will be incurred as per the Agreement. Based on historical levels of use, an annual expense has not been included in the budget. When specialty services are required, any expense would be funded in accordance with the Operating Surplus/Deficit Policy with assistance of the Deputy CAO/Treasurer. Municipality of Clarington Report ESD-001-23 4. Concurrence Page 7 This report has been reviewed by the Deputy CAO/Solicitor, and Deputy CAO/Treasurer who concur with the recommendations 5. Conclusion It is respectfully recommended that Council approve the recommendations of this report. Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or dspeed@clarington.net. Attachments: Attachment 1 — Existing Fire Services Governing By-law Attachment 2 — Recommended Fire Services Governing By-law Attachment 3 — Recommended Fire Protection Services Agreement with Oshawa Fire Services Attachment 4 — Recommended Automatic Aid Agreement with Port Hope Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report ESD-001-23 The Corporation of the Municipality of Clarington By -Law 2017-033 Being a By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2010-077. Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended, (FPPA) requires every municipality to establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention and to provide such other Fire Protection Services as it determines may be necessary in accordance with its needs and circumstances; Whereas the FPPA permits a municipality, in discharging these responsibilities, to establish a Fire Department; Whereas the FPPA permits a Council of a municipality to establish, maintain and operate a Fire Department for all or any part of the municipality; and Whereas the FPPA requires a Fire Department to provide fire suppression services and permits the Fire Department to provide Prevention and other Fire Protection Services in the municipality. Whereas the Council of the Municipality of Clarington deems it necessary to update the provisions in the existing By-law 2010-077; Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as follows.. Part 1 Definitions 1.1 In this by-law, unless the context otherwise requires, a) "approved" means approved by Council; b) "Automatic Aid" means a municipality agrees where possible to the provision of an initial or supplemental 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 with services invoiced as or if appropriate; c) "CAO" means the Chief Administrative Officer appointed by Council to act as Chief Administrative Officer for the Corporation; d) "CEFS" means Clarington Emergency and Fire Services; - 1 - e) "Chief" means the person appointed by the Council or designate to act as Fire Chief for the Corporation and is ultimately responsible to Council as defined in the FPPA; f) "confined space" means a fully or partially enclosed space in accordance with Health and Safety regulations; g) "Corporation" means The Corporation of the Municipality of Clarington; h) "Council" means the Council of the Corporation; i) "Deputy Fire Chief(s)" means the person(s) with that title who may act on behalf of the Fire Chief in the case of any absence of the Fire Chief or a vacancy in the office of the Fire Chief. (If the title changes the responsibility will reside with the person taking on the duties), j) "Division" means a Division of the Fire Department; k) "emergency" defined to include an unforeseen event that involves imminent danger to the life, health and safety of any person and includes medical assistance or non -fire emergency such as a storm, flood or another Act of God; I) "Emergency Response Plan" means an emergency plan formulated under the prevailing Emergency Management and Civil Protection Act or any other related Act which specifies procedures to be taken for the safety or evacuation of persons in an emergency area, provide for obtaining and distributing materials, equipment and supplies during an emergency and provide for such other matters as are considered necessary of advisable for the implementation of the emergency plan during an emergency, M) "Fire Department" means the Municipality of Clarington Emergency & Fire Services, n) "firefighter" means a fire chief and any other person employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter; O} "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c 4, as may be amended from time to time, or any successor legislation, and any regulation made thereunder; p) "Fire Protection Services" includes fire suppression, fire prevention, fire safety education, communications, training of persons involved in the provision of Fire Protection Services, rescue and emergency services and the delivery of all those services; q) "Hazardous Materials Awareness Level" means the responder shall be that person who responds to hazardous material incidents for the purpose of recognizing the presence of the hazardous material, calling for trained personnel, and securing the area; personnel, V area; -2- r) "Hazardous Materials Operations Level" means the responder shall be that person who responds to hazardous material incidents for the purpose of protecting nearby persons, the environment, or property from the effects of the release. Operations level responders use personal protective equipment, perform product control, and perform victim rescue; s) "high angle" means an environment in which the load is predominately supported by a rope rescue system, t) "HUSAR" means Heavy Urban Search and Rescue; u) "Member" means any person employed in or appointed to the Fire Department and assigned to undertake Fire Protection Services; v} "Mutual Aid" means where the Council has made an agreement or plan with another municipality or Region, or at the discretion of the Chief as provided for herein, for the provision of any personnel, service, equipment or material during an emergency; w} "Rope Rescue Level 1 " means the responder shall be that person who responds to rope rescue incidents and completes an assignment while being lowered from a rope rescue system in a high -angle environment, given a rope rescue system, life safety harnesses, so that risks to the victims and rescuers are minimized; x) "tiered response" means the process of dispatching police, fire and ambulance to what is determined to be a life threatening situation. Tiered response endeavors to send the closest appropriate emergency response agency, based on time, to render assistance at the scene of an emergency incident until the primary response agency can arrive; and y} "volunteer firefighter" means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. -3- z} "Water and Ice Rescue Level II" means the responder shall be that person who responds to situations with water rescue personal protective equipment, vessels, swim/rescue aids as required, so that the specified objective is reached, all performance parameters are achieved, movement is controlled, hazards are assessed, distress signals are communicated, and rapid intervention for the rescuer has been staged for deployment. Part 2 Establishment 2.1 The Fire Department was established by By-law #84-68 and 94-172 which was repealed in By-law # 2007-134 for the purpose of updating references to reflect current terminology and practice. Despite repeal of past By-laws, the Fire Department will continue with services and organization as has been and as may be amended and approved by Council from time to time. 2.2 The Fire Department is continued under this By-law to provide Fire Protection Services and any other service as approved by Council for the Corporation and shall be known as the Clarington Emergency &Fire Services. (Department name may be amended by Council from time to time). Part 3 Core Services 3.1 For the purposes of this By-law core services provided by the Fire Department will be as per Appendix "A" forming part of this By-law. 3.2 Nothing in this By-law will restrict the Fire Department to providing only core services or limit the provisions of Fire Protection services, as set out/covered under appointing by-law, as approved by Council. Part 4 Property/Apparatus Use 4.1 No person shall supply any apparatus, equipment, or other property of the Fire Department for any personal or private use. 4.2 No person shall willfully damage or render ineffective or inoperative any apparatus, equipment or other property belonging to or used by the Fire Department. -4- Part 5 Fire Suppression 5.1 The Fire Department may suppress any fire or suspected other hazardous condition by extinguishing it or by other reasonable action and, for this purpose, may enter private property, if necessary or deemed necessary to do so. 5.2 The Fire Department may pull down or demolish any building or structure, with the assistance of the municipal or other equipment and services available; when considered necessary to prevent the spread of fire, or other hazardous situation. Part 6 Mutual and Automatic Aid Response Outside the Limits of the Municipality (Automatic and Mutual Aid Agreements) A) Aid to the Municipality of Clarington (requested by the Municipality) 6.1 The Fire Department may request other municipalities to provide mutual aid and other qualified persons to assist in, a) extinguishing fires; b) pulling down or demolishing any structure; c) crowd and traffic control; d) suppression of fires or other hazardous conditions in other reasonable ways; or e) determining the origin, cause or circumstances of any fire or explosion, if it is deemed necessary to retain a private contractor, rent/lease heavy equipment or specialized equipment, specialized services, and associated persons then those costs may be billed to the property owner and collected by the Municipality by means as determined in this by-law. B) By the Municipality of Claringten to others (response outside the limits) 6.2 The Fire Department shall respond where possible, to a call with respect to a fire or emergency outside the territorial limits of the Corporation with respect to a fire or emergency including non -fire emergencies under the following conditions: a) In the opinion of the Fire Chief or designate of the Fire Department, conditions threaten property outside the territorial limits of the Corporation that is owned or occupied by the Corporation, b) In a municipality with which an approved automatic aid or mutual aid agreement has been entered into to provide Fire Protection Service or other emergency assistance, including Oshawa and Port Hope prevailing By-laws as established; -5- c) At the discretion of the Fire Chief, to a municipality participating in any regional or Municipal mutual aid plan established by a Fire Co-ordinator appointed by the Fire Marshal or any similar reciprocal plan or program, or as determined necessary by the Fire Chief, d) As directed by the Province under Emergency Management Act and Civil Protection Act or any other prevailing government directive, or legislation as determined appropriate by the Fire Chief; e) Coverage/ability when asked to respond and when requesting response from Municipalities with no formal program or plan is at the discretion of the Fire Chief, or designate; f) The Fire Department is not required to respond to requests by private companies; non government; or incorrect assigned calls; g) On property beyond the territorial limits of the Corporation where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate fire department is notified to respond and assume command or establish alternative measures, acceptable to the Fire Chief or designate, provided it does not compromise our own Municipal level of service or commitments with the right to withdraw at any time to service home Municipality's needs; and h) Any other existing response agreements will continue to operate on Automatic and Mutual Aid response. Agreements may be amended and approved by Council from time to time. Part 7 Mutual Aid or Automatic Aid or Other Related Expenses 7.1 If as a result of Fire and Emergency Services (i) response to an emergency including a motor vehicle incident, (11) under a Mutual or Automatic Aid agreement or (111) carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief determines that it is necessary to incur additional expenses, retain a private contractor, rent special equipment not normally carried on a fire apparatus or use more materials than are carried on a fire apparatus in order to suppress or extinguish a fire, preserve property, prevent a fire from spreading, control and eliminate an emergency, carry out or prevent damage to equipment owned by the Corporation or otherwise carry out the duties and functions of Fire and Emergency Services, the owner of the property requiring or causing the need for any additional service shall be charged, if appropriate, the costs to provide the additional service including all applicable taxes. Property shall mean personal and real property. 7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as per the Province's direction unless otherwise specified. To the extent reasonably possible materials/supplies will be replaced or cost recovered excluding cost of manpower and excluding something out of the ordinary unless determined appropriate to recover. The cost recovery provision should be incorporated into Automatic and Mutual Aid agreements, where possible. Part 8 Interference 8.1 No person shall impede or interfere with or hinder the Fire Department in the performance of its duties. 8.2 No person present at a fire shall refuse to leave the immediate vicinity when required to do so by the Fire Department. 8.3 During a fire and for the time after it has been extinguished that is required to remove the apparatus and equipment of the Fire Department and render the location and vicinity safe from fire, no person, either on foot or with a vehicle of any kind, shall enter or remain upon or within; a) the portion of any street or lane upon which the site of the fire abuts or upon any street or lane for a distance of fifteen (15) metres on each side of the property damaged by fire; or b) any additional street or lane or part of a street or lane or any additional limits in the vicinity of the fire as may be prescribed by the Fire Chief or the next ranking officer present at the fire. 8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane or within any prescribed additional limit or any person so authorized to enter or remain by an officer of the Fire Department or by a police officer. 8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with the communication of a fire alarm to the Fire Department or with the Fire Department responding to a fire alarm that has been activated. 7- Part 9 Offences 9.1 Every person who contravenes any provisions of this By-law is guilty of an offence and on conviction is liable to the penalty established by the Provincial Offences Act, or any other prevailing by-law or legislation, as may be amended or replaced from time to time, inclusive of costs. Part 10 Conflict 10.1 Where this By-law may conflict with any other By-law of the Corporation, this By-law shall supersede and prevail over that By-law to the extent of the conflict. Part 11 Severability 11.1 If any section or part of this By-law is found to be illegal or beyond the power of the Corporation, such section or part of item shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. Part 12 Enforcement and Enactment Effective Date of By-law 12.1 This By-law comes into effect the day it is passed by Council. Repeal of Existing By-law 12.2 By-law 2010-077 and 2001-172 is hereby repealed. Passed this1 st day of May, 2017 Adrian'Foster, Mayor` i Anne Grntree , Municipal Clerk Appendix A to By-law 2017-033 Appendix "A" Core Services 1. Fire Suppression And Emergency Response 1.1 Fire suppression services shall be delivered in both an offensive and defensive mode and shall include search and rescue operations, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. 1.2 Emergency pre -hospital care responses and medical acts such as defibrillation, standard first aid, CPR, EPIPEN Assistance and the Emergency Medical Responder Program shall be maintained to Base Hospital protocols as agreed. 1.3 Special rescue services shall include performing extrication using hand tools, air bags and heavy hydraulic tools as required. Full time firefighters will be trained in level 1 Basic Rope Rescue Techniques as determined by the Fire Chief. Water/ice rescue services shall be provided by those firefighters who are competently trained to perform the requested level of service as determined by the Fire Chief (up to level II if so trained). 1.4 Highly technical and specialized rescue services such as Trench Rescue, HUSAR and Structural Collapse shall not be provided by Clarington Emergency & Fire Services. Awareness training in these areas may be provided where possible. 1.5 Defensive hazardous material emergency response shall be conducted to the operations level by the fulltime firefighters and awareness level by the volunteer firefighters. In addition to operations level response, the capability for rescue and emergency decontamination shall be maintained where resources permit. 1.6 The NFPA 1001 Standard for Firefighter Professional Standards, International Association of Fire Chiefs/National Fire Protection Association "Fundamentals of Fire Fighter Skills" and other related industry training standards and reference materials may be used as reference guides for CEFS training as approved by the Fire Chief. All training will comply with the Occupational Health and Safety Act and any other applicable provincial legislation. 1.7 Confined Space services shall be provided by those firefighters who are competently trained to perform the requested level of service as determined by the Fire Chief (up to Operational Level if so trained). Attachment 2 to Municipality of Clarington Report ESD-002-17 2. Fire Prevention 2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire investigations shall be provided in accordance with the FPPA and policies of the fire prevention division. 2.2 New construction inspections and plan reviews of buildings under construction in matters respective of fire protection systems within buildings shall be conducted in accordance with the applicable By-law and operating procedures. 2.3 The N.F.P.A. Standard for Fire Prevention Officers shall be used as a reference guide for fire prevention training. 3. Fire Safety Education 3.1 Distribution of fire and life safety information and public education programs shall be administered in accordance with the FPPA and policies of the departments Fire Prevention & Public Safety Division. 3.2 A residential Smoke Alarm awareness program shall be ongoing. 3.3 The department shall maintain at least one public fire and life safety educator certified to the Ontario Fire Service Standard. 4. Emergency Dispatching and Communications 4.1 The N.F.P.A. Public Safety Telecommunications Standard shall be used as a reference guide for emergency dispatching and communications and shall provide the following minimum services; 4.2 Provide emergency call taking and dispatching of emergency vehicles. 4.3 May provide after hour's emergency and non -emergency call taking for Operations, By-law Services, and other agencies as required. Attachment 2 to Report ESD-001-23 The Corporation of the Municipality of Clarington By -Law 2023-OXX Being a By-law Governing the Emergency and Fire Services, Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended, (FPPA) requires every municipality to establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention and to provide such other Fire Protection Services as it determines may be necessary in accordance with its needs and circumstances; Whereas the FPPA permits a municipality, in discharging these responsibilities, to establish a Fire Department; Whereas the FPPA permits a Council of a municipality to establish, maintain and operate a Fire Department for all or any part of the municipality; and Whereas the FPPA requires a Fire Department to provide fire suppression services and permits the Fire Department to provide Prevention and other Fire Protection Services in the municipality. Whereas the Council of the Municipality of Clarington deems it necessary to update the provisions in the existing By-law; Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: Part 1 Definitions 1.1 In this by-law, unless the context otherwise requires, a) "approved" means approved by Council; b) "Automatic Aid" means a municipality agrees where possible to the provision of an initial or supplemental 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 with services invoiced as or if appropriate; c) Awareness Level — The level at which personnel have been trained to recognize the hazards and risks of an emergency, and who are expected to protect themselves, call for trained personnel, and secure the scene. d) "CAO" means the Chief Administrative Officer appointed by Council to act as Chief Administrative Officer for the Corporation; Attachment 2 to Report ESD-001-23 e) CEFS" means Clarington Emergency and Fire Services; f) "Chief" means the person appointed by the Council or designate to act as Fire Chief for the Corporation and is ultimately responsible to Council as defined in the FPPA; g) "Community Emergency Management Coordinator" — ("CEMC"). Means a position identified in the Emergency Management and Civil Protection Act, 1990, c. E.9, as amended ("EMCPA") as being responsible for the development, implementation, review and maintenance of the Emergency Management Plan for the Town of Whitby; h) "confined space" means a fully or partially enclosed space in accordance with Health and Safety regulations; i) "Corporation" means The Corporation of the Municipality of Clarington; j) "Council" means the Council of the Corporation; k) "Deputy Fire Chief(s)" means the person(s) with that title who may act on behalf of the Fire Chief in the case of any absence of the Fire Chief or a vacancy in the office of the Fire Chief. (If the title changes the responsibility will reside with the person taking on the duties); 1) "Division" means a Division of the Fire Department; m) "emergency" means an unforeseen event that involves imminent danger to the life, health and safety of any person and includes, but is not limited to fires, medicals, motor vehicle collisions, hazardous material incidents, rescues, or weather related events such as a storms, floods or other Acts of God; n) "Emergency Response Plan" means an emergency plan formulated under the prevailing Emergency Management and Civil Protection Act or any other related Act which specifies procedures to be taken for the safety or evacuation of persons in an emergency area, provides for obtaining and distributing materials, equipment and supplies during an emergency and provides for such other matters as are considered necessary or advisable for the implementation of the emergency plan during an emergency; o) "Fire Department" means the Municipality of Clarington Emergency & Fire Services; 2 Attachment 2 to Report ESD-001-23 p) "firefighter" means a fire chief and any other person employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter; q) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c 4, as may be amended from time to time, or any successor legislation, and any regulation made thereunder; r) "Fire Protection Services" includes fire suppression, fire prevention, fire safety education, communications, training of persons involved in the provision of Fire Protection Services, rescue and emergency services and the delivery of all those services; s) "Hazardous Materials Operations Level" means the responder shall be that person who responds to hazardous material incidents for the purpose of protecting nearby persons, the environment, or property from the effects of the release. Operations level responders use personal protective equipment, perform product control, and perform victim rescue; t) "Member" means any person employed in or appointed to the Fire Department and assigned to undertake Fire Protection Services; u) "Mutual Aid" means where the Council has approved an agreement or plan with another municipality or Region, or at the discretion of the Chief as provided for herein, for the provision of any personnel, service, equipment or material during an emergency; v) "tiered response" means the process of dispatching police, fire and ambulance to what is determined to be a life threatening situation. Tiered response endeavours to send the closest appropriate emergency response agency, based on time, to render assistance at the scene of an emergency incident until the primary response agency can arrive; Part 2 Establishment 2.1 The Fire Department was established by By-law #84-68 and 94-172.. Despite repeal of past By-laws, the Fire Department will continue with services and organization as has been and as may be amended and approved by Council from time to time. 2.2 The Fire Department is continued under this By-law to provide Fire Protection Services and any other service as approved by Council for the Corporation and shall be known as the Clarington Emergency & Fire Services, and the head of the Department shall be known as the Fire Chief. 3 Attachment 2 to Report ESD-001-23 2.3 There shall be one Fire Chief appointed by by-law, and there shall be two Deputy Chiefs. The Fire Chief shall report to the CAO and will perform the duties of the CEMC under the authority of the EMCPA. Part 3 Core Services 3.1 For the purposes of this By-law core services provided by the Fire Department will be as per Appendix "A" forming part of this By-law. Part 4 Emergency Responses Outside Limits of the Town of Clarington 4.1 The Fire Department shall not respond to a call with respect to a fire or an emergency incident outside the limits of the Town of Clarington except with respect to a fire or an emergency; a) that in the opinion of the Fire Chief threatens property in the Town of Clarington or property situated outside the Town of Clarington that is owned or occupied by the Corporation; b) in a municipality with which an agreement has been entered into to provide fire protection services, c) on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefore; d) at the discretion of the Fire Chief, to a municipality authorized to participate in the Durham Region Mutual Aid plan established by the Regional Fire Coordinator appointed by the Ontario Fire Marshal, emergency fire service plan and program or any other organized plan or program on a reciprocal basis; e) on those highways that are under the jurisdiction of the Ministry of Transportation or other agency within the Town of Clarington for which an automatic aid agreement has been entered into. f) on property beyond the Town of Clarington's border where the Fire Chief or his or her designate determines that immediate action is necessary to preserve and protect life and/or property and the correct department is notified to respond and/or assumes command or establishes alternative measures acceptable to the Fire Chief or designate; or g) response due to a request for special assistance as required through a declaration of a provincial or federal emergency and such request has been approved by the Fire Chief, the CAO and the Head of Council. Part 5 Conflict 4 Attachment 2 to Report ESD-001-23 5.1 Where this By-law may conflict with any other By-law of the Corporation, this By-law shall supersede and prevail over that By-law to the extent of the conflict. Part 6 Severability 6.1 If any section or part of this By-law is found to be illegal or beyond the power of the Corporation, such section or part of item shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. Part 7 Enforcement and Enactment Effective Date of By-law 7.1 This By-law comes into effect the day it is passed by Council. Repeal of Existing By-law 7.2 By-law xxxxx is hereby repealed. Passed this day of , 5 Adrian Foster, Mayor , Municipal Clerk Appendix A — Core Services 1. Emergency Response Attachment 2 to Report ESD-001-23 1.1 Fire suppression response services shall be delivered in both offensive and defensive modes and shall include, but not limited to search and rescue operations, forcible entry, ventilation, exposure protection, and salvage and overhaul 1.2 Emergency pre -hospital care response services shall be maintained to Base Hospital protocols and delivered at the tiered response level determined by the Fire Chief. 1.3 Vehicle extrication and rescue response services shall be delivered using air bags, heavy hydraulic tools, e-tools, etc. 1.4 Rope/slope rescue response services will be delivered at the Operations level. 1.5 Surface water and ice search and rescue response services will be delivered to provide land -based rescue. 1.6 Elevator emergency rescue response services shall be delivered. 1.7 Hazardous materials response services to be delivered at the Operations level. 1.8 Other: Trench search and rescue, confined space search and rescue, swiftwater search and rescue, structural collapse search and rescue response services will be performed at the Awareness Level. 2. Training Services 2.1 The National Fire Protection Association (NFPA) Standards and other related industry training standards and reference materials shall be used as reference guides for the Training Division as approved by the Fire Chief. All training will comply with the Occupational Health and Safety Act, R.S.O. 1190, c. 0.1, as amended and applicable provincial legislation 3. Fire Prevention and Public Education Services 3.1 Inspections arising from complaint, request, retrofit, or self -initiated; fire investigations; and examination and review of fire protection elements of building permit plans shall be provided in accordance with the FPPA and Departmental policies, and Town by-laws. 3.2 Public education programs shall be administered in accordance with the FPPA and Departmental policies. 0 Attachment 3 to Report ESD-001-23 Specialized Fire Rescue Agreement This AGREEMENT made this _1st_ day of June, 2023 BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA ("OSHAWA") -and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("CLARINGTON") RECITALS 1. Subsection 2(5) of the Fire Protection and Prevention Act, 1997 provides that a municipality may 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. IN CONSIDERATION OF the mutual covenants, provisions and conditions contained herein, the receipt and sufficiency of which each of the parties hereby irrevocably acknowledges, 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 AGREEMENT in regular case, it shall be deemed to have the meaning ordinarily attributed to it in the English language. (a) AGREEMENT means this Specialized Fire Rescue Agreement including the recitals and any schedules which form an integral part of it, as amended from time to time. (b) INCIDENT means an emergency operation that occurs within the geographic limits of CLARINGTON, which involves Clarington Emergency and Fire Services as the initial responder. (c) INITIAL RESPONSE SERVICES means the provision of an initial response to an INCIDENT by Clarington Emergency and Fire Services designed to address the adverse effects of the INCIDENT. (d) OSHAWA means The Corporation of the City of Oshawa. Oshawa Fire Services is OSHAWA's fire services department. (e) RESPONSE means the delivery of SPECIALIZED RESCUE SERVICES by Oshawa Fire Services pursuant to a request by Clarington Emergency and Fire Services' Fire Chief or his/her designate. Attachment 3 to Report ESD-001-23 (f) SPECIALIZED RESCUE SERVICES means operations level services as defined by the National Fire Prevention Association, which for greater clarity may involve elevated rope rescue, confined space rescue, trench rescue, building collapse stabilization. For hazardous materials response services, defined by the Ontario Fire Marshall, National Fire Protection Association, which for greater clarity may involve personal protection equipment, mass decontamination, technical decontamination, product control, detection monitoring and public safety sampling, victim rescue and recovery, and illicit laboratory incidents. (g) CLARINGTON means The Corporation of the Municipality of Clarington. Clarington Emergency and Fire Services is CLARINGTON's fire services department. 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 this AGREEMENT shall be for two (2) years commencing on April 20, 2023 and ending on April 19, 2025. 2.02 Commencing April 20, 2025, this AGREEMENT shall automatically renew every year for an additional term of one (1) year until the earlier of the following occurs: (a) April 19, 2032; or (b) either party provides thirty (30) days written notice terminating the Agreement. 2.03 OSHAWA shall be entitled to payment of all costs incurred pursuant to this AGREEMENT prior to the date of termination. K111=111610[6Z019i110N40[M4101y_10110us] 1114►kI 3.01 Clarington Emergency and Fire Services: Upon the occurrence of an INCIDENT, Clarington Emergency and Fire Services shall respond in the first instance. The Clarington Emergency and Fire Services' Fire Chief or his/her designate may, in his/her discretion at any time, make a request for Oshawa Fire Services to provide SPECIALIZED RESCUE SERVICES. The Parties acknowledge and agree that nothing in this AGREEMENT shall relieve or release Clarington Emergency and Fire Services of its responsibility to respond with respect to an INCIDENT. 3.02 Oshawa Fire Services: Upon receiving a request from the Clarington Emergency and Fire Services' Fire Chief or his/her designate for SPECIALIZED RESCUE SERVICES, Oshawa Fire Services shall provide a RESPONSE, subject to the availability of Oshawa Fire Services' resources. Accordingly, the Parties acknowledge and agree that Oshawa Fire Services shall have no obligation to respond in circumstances involving equipment failure or malfunction or attendance by Oshawa Fire Services at another INCIDENT or emergency 2 Attachment 3 to Report ESD-001-23 situation occurring within or outside of the geographic limits of OSHAWA or any other like circumstance. 3.03 Command: When Oshawa Fire Services and Clarington Emergency and Fire Services provide a simultaneous or joint response to an INCIDENT, the Incident Commander for Clarington Emergency and Fire Services shall be in charge of and shall assume overall responsibility for the command of the INCIDENT. However, Oshawa Fire Services shall have full autonomy with respect to its provision of SPECIALIZED RESCUE SERVICES. Oshawa Fire Services will communicate through the Clarington Emergency and Fire Services Incident Commander while responding to an INCIDENT. 3.04 Incident Management: The Parties acknowledge and agree that the incident management system shall be utilized by Oshawa Fire Services and Clarington Emergency and Fire Services with respect to an INCIDENT. 4.0 COSTS 4.01 If Oshawa Fire Services attends to the site of an INCIDENT and provides SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the following amounts within sixty (60) days of receiving an invoice from OSHAWA: (a) The current remuneration rate for fire response services on provincial highways as established by the Ministry of Transportation (Ontario), plus HST, for the first hour or part thereof wherein SPECIALIZED RESCUE SERVICES are provided by Oshawa Fire Services, per piece of equipment; (b) The current remuneration rate for fire response services on provincial highways as established by the Ministry of Transportation (Ontario), plus HST, for each additional half hour or part thereof, after the first hour, wherein SPECIALIZED RESCUE SERVICES are provided by Oshawa Fire Services, per piece of equipment; (c) The replacement cost for all consumables belonging to Oshawa Fire Services that are used or damaged in providing the RESPONSE; (d) Oshawa Fire Services' backfill staffing costs, inclusive of overtime costs, as per the current collective agreement governing Oshawa Fire Services, which shall apply to all positions and firefighter classes; and, (e) Two Thousand Dollars ($2000.00). 4.02 If Oshawa Fire Services attends to the site of an INCIDENT but provides no SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the current remuneration rate for fire response services on provincial highways as established by the Ministry of Transportation (Ontario), plus HST, only with respect to the first hour or part thereof, per piece of equipment, with such payment being due within sixty (60) days of CLARINGTON receiving an invoice from OSHAWA. 3 Attachment 3 to Report ESD-001-23 5.0 RELEASE AND INDEMNITY 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 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 ("Claim(s)"), except with respect to such Claim(s) related to or resulting from the negligent act or omission of the other party (inclusive of its respective fire services department, elected officials, employees, servants and agents). 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 from the negligent act or omission of 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. 5.03 Insurance: For the duration of this AGREEMENT, each party shall procure and maintain a General Liability (GL) 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 without subrogation, and shall contain a cross liability and/or severability clause which protects the other party to the same extent as if it was separately insured. The policy coverage shall include, but is not limited to, third party bodily injury including death, property damage, personal injury, products and completed operations. The policy coverage shall be taken out with an insurance company licensed to carry on the business of insurance in Ontario and shall be endorsed to provide that the other party is to receive not less than sixty (60) days' notice in writing in advance of any cancellation, material amendment or change restricting coverage. Upon execution of the AGREEMENT, 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. 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 7131 Attachment 3 to Report ESD-001-23 In the case of Clarington, to: Clarington Emergency and Fire Services Facsimile: 905-623-4840 Attn: Clarington Fire Chief 2430 Highway 2 Bowmanville, ON L1 C 6C8 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 Maieure: 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 the 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. Otherwise, time shall be of the essence in this AGREEMENT and with respect to 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 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 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 may not be assigned. 6.05 No Successors: This AGREEMENT shall only enure 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. 6.07 Entire Agreement: This AGREEMENT contains the entire agreement between the parties relating to the SPECIALIZED RESCUE SERVICES 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, 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 previous agreements in existence at the time of execution and delivery of this AGREEMENT. This AGREEMENT is not part of the Durham Region Mutual Aid Plan. E Attachment 3 to Report ESD-001-23 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 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 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. 6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a joint venture between OSHAWA and CLARINGTON. 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 1 OF OSHAWA Name: Derrick Clark Title: Fire Chief 1 have authority to bind the City Pursuant to section 63 of the By-law 29- 2009, as amended. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Name: Adrian Foster Title: Mayor Name: June Gallagher Title: Municipal Clerk 1 have the authority to bind the Municipality 6 Attachment 4 to Report ESD-001-23 Automatic Aid Agreement This agreement made in triplicate this day of 12023. Between: The Corporation of the Municipality of Port Hope - and - The Corporation of the Municipality of Clarington Recitals ("PORT HOPE") ("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 PORT HOPE 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, PORT HOPE 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 401 EAST and 401 WEST, located between Exit 448 Newtonville Road, and Exit 464 County Road 28 Interchange, including the On Route Service Center at exit 456. c) AUTOMATIC AID RESPONSE means the provision of INITIAL OR SUPPLEMENTAL RESPONSE SERVICES by a PARTICIPATING FIRE Page 1 of 7 Attachment 4 to Report ESD-001-23 SERVICE for up to one hour. Anything above one hour would be changed to Mutual Aid. d) CLARINGTON means The Corporation of the Municipality of Clarington and, where the context allows, its employees, servants and agents. e) Port Hope means The Corporation of the Municipality of Port Hope and, where the context allows, its employees, servants and agents. f) 401 EAST means the eastbound lanes of Ontario Highway 401 between Newtonville Road, exit 448 easterly to the Wesleyville Road interchange, exit 456 including the On Route Service Center and its property 452. g) 401 WEST means the westbound lanes of Ontario Highway 401 between the Wesleyville Road interchange exit 456 to Newtonville Road, exit 448. h) HOME FIRE CHIEF means the Fire Chief of the HOME MUNICIPALITY. i) 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 401 EAST and 401 WEST within the territorial limits of PORT HOPE, HOME FIRE SERVICE means Port Hope Fire Services. For those parts of 401 EAST and 401 WEST within the territorial limits of CLARINGTON, HOME FIRE SERVICE means Clarington Emergency and Fire Services. j) HOME MUNICIPALITY means the municipality which receives an AUTOMATIC AID RESPONSE. k) INCIDENT means fires, rescues or emergencies that occur in the AUTOMATIC AID AREA. 1) 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. m) PORT HOPE means The Corporation of the Municipality of Port Hope and, where the context allows, its employees, servants and agents. n) 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 401 EAST and 401 WEST within the territorial limits of PORT HOPE, PARTICIPATING FIRE SERVICE means Clarington Emergency and Fire Services. For those parts of 401 EAST and 401 WEST within the territorial Page 2 of 7 Attachment 4 to Report ESD-001-23 limits of Clarington, PARTICIPATING FIRE SERVICE means Port Hope Fire Services. o) 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 the date that this Agreement is executed 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. Page 3 of 7 Attachment 4 to Report ESD-001-23 3.04 Incident Management System: The Parties acknowledge and agree that the Incident Management System of the HOME FIRE SERVICE shall be utilized. 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. Page 4 of 7 Attachment 4 to Report ESD-001-23 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 PORT HOPE at: Port Hope Fire Chief Port Hope Fire Services 245 Ontario Street Port Hope, Ontario L1A 2V9 or to CLARINGTON at: Clarington Fire Chief Clarington Emergency and Fire Services 2430 Highway 2 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 PORT HOPE 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 Page 5 of 7 Attachment 4 to Report ESD-001-23 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. 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 an 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, PORT HOPE 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. Page 6 of 7 Attachment 4 to Report ESD-001-23 6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a joint venture between PORT HOPE 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. The Corporation of the Municipality of Port Hope The Corporation of the Municipality of Clarington Adrian Foster, Mayor Page 7 of 7