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HomeMy WebLinkAboutFIR 02-16 C 00 Report to _ -- Executive Committee I KERIN Report Number: FIR-02-16 Date: June 20, 2016 From: John Hagg Fire Chief Subject: Automatic Aid Agreement between The Corporation of The Town of Whitby and The Corporation of The City of Pickering for fire services response on Highway 407 - File: A-1440 Recommendation: 1. That Report FIR-02-16 of the Fire Chief be received; 2. That the Automatic Aid Agreement between The Corporation of The Town of Whitby and The Corporation of The City of Pickering be approved; 3. That the Mayor and City Clerk be authorized to execute the Agreement subject to minor revisions satisfactory to the Fire Chief; 4. That appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and 5. That a copy of the report be forwarded to the Town of Whitby. Executive Summary: In the next few months the new extension of Highway 407 from Brock Road in Pickering to Harmony Road in Oshawa will be completed and open to vehicular traffic. This new section will require fire protection and rescue responses from Fire Services and it is important that we provide seamless coverage on this new section of Highway 407. With that in mind, we are presenting this Automatic Aid Agreement between the City of Pickering Fire Services Department and the Town of Whitby Fire and Emergency Services, for the section of eastbound and westbound 407 between Brock Road in Pickering and Brock Street in Whitby. This Agreement will ensure seamless coverage, agreed to response protocols, and quicker responses to the defined areas of the new section of Highway 407. Financial Implications: There are no financial implications associated with this report. • Discussion: The new section of Highway 407 from Brock Road in Pickering to Harmony Road in Oshawa will soon be open to traffic. This new section of highway FIR-02-16 June 20, 2016 Subject: Automatic Aid Agreement between The Corporation of the Town of Whitby and the Corporation of The City of Pickering for fire services response on Highway 407 Page 2 will require fire and rescue services across the Region to implement plans for responses. Our goal is seamless, agreed to, and timely responses to both eastbound and westbound sections of the new highway sections. There are limited entrances and exits onto the new section of highway, so fire services vehicles accessing areas in both eastbound and westbound lanes could have delayed response times. This Automatic Aid Agreement between the City of Pickering Fire Services Department and the Town of Whitby Fire and Emergency Services covers the sections of eastbound and westbound 407 between Brock Road in Pickering and Brock Street in Whitby, and will ensure that we have seamless coverage, agreed to response protocols, and quicker responses. This agreement formalizes the responses to the new section of the 407 between Brock Road in Pickering and Brock Street in Whitby and mirrors an agreement that we currently share with the Town of Ajax Fire and Emergency Services for sections of both eastbound and westbound Highway 401. This Agreement is equally beneficial to both municipalities, and is a no cost Agreement. Attachments: 1. The Corporation of the Town of Whitby and The Corporation of the City of Pickering Automatic Aid Agreement Prepared/Approved By: o,p.. John Hagg Fire Chief JH:nrm Recommended for the consideration of Pickering City Council 09 , f/ j Z, 2©16 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT#=TO REPORT# 1R-oz,16 THIS AUTOMATIC AID AGREEMENT made in triplicate this day of 2016. BETWEEN: THE CORPORATION OF THE TOWN OF WHITBY - and - THE CORPORATION OF THE CITY OF PICKERING WHEREAS subsection 1(4) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, 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; AND WHEREAS 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; AND WHEREAS there are areas within the municipal boundaries of each of Pickering and Whitby in which a fire department in the other municipality is capable of responding to the areas more quickly than any fire department situated in the municipality; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree with each other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions Wherever a term or word set out below appears in the text of this AGREEMENT in all capital letters, the term shall have the meaning set out for it in this Section 1.1. Wherever a term below appears in the text of this AGREEMENT in regular case or not in all capital letters, it shall be deemed to have the meaning ordinarily attributed to it in the English language. Page 1 of 7 ATTACHMENT# I TO REPORT# FIQ'02-I (a) "AGREEMENT" means this agreement including its recitals and any schedules which form an integral part of it, as may be amended from time to time. (b) "AUTOMATIC AID AREA" means any part or all of (i) the westbound lanes of Highway 407 between Lake Ridge Road (being the boundary road between Pickering and Whitby) and Brock Road North in Pickering; (ii) the eastbound lanes of Highway 407 between Lake Ridge Road (being the boundary road between Pickering and Whitby) and Coronation Road in Whitby; (iii) the southbound Lake Ridge Road on-ramp to Highway 407 westbound in Pickering; (iv) that part of the southbound Lake Ridge Road on-ramp to Highway 407 eastbound in Pickering; (v) that part of the northbound Lake Ridge Road on-ramp to Highway 407 westbound in Pickering; and (vi) the eastbound Highway 407 off-ramp to southbound Highway 412, ending at Highway 7/Winchester Road West in Whitby. (c) "AUTOMATIC AID RESPONSE" means the delivery of INITIAL RESPONSE SERVICES by a PARTICIPATING FIRE SERVICE. (d) "HOME FIRE CHIEF" means the Fire Chief of the HOME MUNICIPALITY. (e) "HOME FIRE SERVICE" means the fire service within the HOME MUNICIPALITY that, but for the provisions of this AGREEMENT, would be responsible for providing INITIAL RESPONSE SERVICES. For those parts of the AUTOMATIC AID AREA within the municipal boundaries of PICKERING, HOME FIRE SERVICE means Pickering Fire Services. For those parts of the AUTOMATIC AID AREA within the municipal boundaries of WHITBY, HOME FIRE SERVICE means Whitby Fire and Emergency Services. (f) "HOME MUNICIPALITY" means the municipality to which is provided an AUTOMATIC AID RESPONSE. If an INCIDENT occurs within the municipal boundaries of PICKERING, then HOME MUNICIPALITY means PICKERING. If an INCIDENT occurs within the municipal boundaries of WHITBY, then HOME MUNICIPALITY means WHITBY. (g) "INCIDENT" means a fire, rescue, emergency, or dangerous condition that occurs 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. Page 2 of 7 ATTACHMENT#_I..TO REPORT# °216 (i) "PARTICIPATING FIRE SERVICE" means the fire service within the PARTICIPATING MUNICIPALITY with responsibility for providing an AUTOMATIC AID RESPONSE. For those parts of the AUTOMATIC AID AREA within the municipal boundaries of PICKERING, PARTICIPATING FIRE SERVICE means Whitby Fire and Emergency Services. For those parts of the AUTOMATIC AID AREA within the municipal boundaries of WHITBY, PARTICIPATING FIRE SERVICE means Pickering Fire Services. (j) "PARTICIPATING MUNICIPALITY" means the municipality that provides an AUTOMATIC AID RESPONSE. If an INCIDENT occurs within the municipal boundaries of PICKERING, then PARTICIPATING MUNICIPALITY means WHITBY. If an INCIDENT occurs within the municipal boundaries of WHITBY, then PARTICIPATING MUNICIPALITY means PICKERING. (k) "PICKERING" means The Corporation of the City of Pickering, including its successors and assigns, and, where the context allows, its employees, servants, and agents. (I) "WHITBY" means The Corporation of the Town of Whitby, including its successors and assigns, and, where the context allows, its employees, servants, and agents. 1.2 Gender, Plural All words in this AGREEMENT shall be deemed to include any number or gender where the meaning or context so requires. 1.3 Proper Law • This AGREEMENT shall be interpreted, be governed by, and enforced in accordance with the laws of the Province of Ontario. 1.4 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. 1.5 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. TERM 2.1 Term Page 3 of 7 ATTACHMENT# 9 _TO REPORT#fi'e-o2- The term of this AGREEMENT shall be indefinite, and the provisions of this AGREEMENT will be reviewed yearly by the Fire Chiefs of the HOME MUNICIPALITY and the PARTICIPATING MUNICIPALITY. 2.2 Termination This AGREEMENT may be terminated by either party on ninety (90) days' notice in writing to the other. 3. AUTOMATIC AID 3.1 Automatic Aid Response Upon the occurrence of an INCIDENT, an AUTOMATIC AID RESPONSE shall be provided by the PARTICIPATING FIRE SERVICE to the extent that the PARTICIPATING FIRE SERVICE has equipment and staff available. 3.2 Response Upon the occurrence of an INCIDENT, the HOME FIRE SERVICE shall also respond to address the adverse effects of the INCIDENT. 3.3 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 and coordination of operations in respect of the INCIDENT. 3.4 Incident Management System The Incident Management System of the'HOME FIRE SERVICE shall be utilized in response to an INCIDENT. 4. COST 4.1 No-cost Basis There shall be no cost to the HOME MUNICIPALITY for the provision of an AUTOMATIC AID RESPONSE. 5. RELEASE AND INDEMNITY 5.1 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, 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 this 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. Page 4 of 7 ATTACHMENT#i_.TO REPORT# ?-16 5.2 Limitation of Liability— Non-Response Further to Sections 3.1 and 5.1 of this AGREEMENT, no liability shall attach or accrue to the PARTICIPATING MUNICIPALITY for failing to provide an AUTOMATIC AID RESPONSE in the event that the PARTICIPATING FIRE SERVICE does not have equipment and staff available at the time of the INCIDENT. 5.3 No Indemnification Each party covenants and agrees that it shall provide AUTOMATIC AID RESPONSE at its own risk and liability, and further to Section 5.1 of this AGREEMENT, neither party will indemnify or save harmless the other from any • action, claim, judgement, loss, cost, demand, expense, or liability for which the party may sustain or suffer resulting from, arising out of, or attributable to any action, omission, or thing done or maintained by virtue of this AGREEMENT, the exercise in any manner of rights arising under this AGREEMENT, or the provision of AUTOMATIC AID RESPONSE pursuant to this AGREEMENT. 6. MISCELLANEOUS 6.1 Notice Any notice herein required or permitted to be given under this AGREEMENT shall be delivered personally, through pre-paid courier or registered mail, or by electronic means provided that receipt is verified, addressed as follows: The Corporation of the Town of Whitby Whitby Fire and Emergency Services Attention: Whitby Fire Chief 111 McKinney Drive Whitby, Ontario, L1N 5R5 and to: • The Corporation of the City of Pickering Pickering Fire Services Attention: Pickering Fire Chief 1616 Bayly Street Pickering, Ontario, L1 W 3N2 Any notice given in such manner shall be deemed received upon receipt if delivered personally, upon delivery if by courier, upon verification of receipt if provided electronically, and five (5) days after deposit of such notice in the mail if sent through registered mail. Any party hereto may at any time give notice to the others of a change of address and thereafter such changed address shall be substituted for the previous address set out in this AGREEMENT. Page 5 of 7 ATTACHMENT#_,S._.TO REPORT# r 2-02"16 6.2 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 (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. 6.3 Arbitration All matters of differences arising between PICKERING and WHITBY 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 be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the completing interests of the parties to the arbitration in accordance with this AGREEMENT, and she or he shall not be bound by any legal precedent in such determination. 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 his or her 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. 6.4 No Assignment Neither party shall make any assignment of this AGREEMENT without obtaining the prior consent in writing of the other to such assignment. 6.5 Successors The rights and liabilities of the parties shall enure to the benefit of and be binding upon the parties and their respective successors and approved assigns. 6.6 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 Page 6 of 7 ATTACHMENT# ! _TO REPORT# F12--02.- IC' 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). 6.7 Partial Invalidity If any article, section, subsection, paragraph, clause or sub-clause 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, PICKERING and WHITBY 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. 6.8 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. 6.9 Authority to Execute • The parties and their representatives signing this AGREEMENT hereby acknowledge and represent that the representatives signing this AGREEMENT are duly authorized agents of the parties hereto and are authorized and have • full authority to enter into this AGREEMENT on behalf of the parties for whom they are signing. In witness whereof the parties hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf as of the date first written above. THE CORPORATION OF THE THE CORPORATION OF THE TOWN OF WHITBY CITY OF PICKERING Per: Per: Name: Name: Title: Title: Name: Name: Title: Title: (I/We have the authority to bind the Corporation.) (I/We have the authority to bind the Corporation.) Page 7 of 7