Submitted by: Don MacLeod, Chief Administrative Officer Report No: 2021-019 Council Meeting Date: Regular Council - 03 Feb 2021 Subject: Zorra/Ingersoll Fire Agreement Amendment File: L04 Agreements/Zorra/Ingersoll Fire Service
RECOMMENDATION: That Council pass a resolution to give notice to the Town of Ingersoll that the Township wishes to amend financial considerations in the Fire Protection Agreement.
BACKGROUND & COMMENTS: On March 18, 1997 Council passed By-law 20-97 to enter into an agreement with the Town of Ingersoll for fire protection for the area Zorra shown on Schedule B of the attached agreement. The agreement was a result of negotiations between the municipalities to provide fire protection for Zorra properties serviced by fire hydrants on North Town Line and 31st Line.
Council last reviewed the agreement in 2009. The Director of Finance and Fire Chief both review the agreement on annual basis when calculating the annual fee. This includes a review of annual calls, which is summarized below:
Year Address Call Type 2020 No Calls 2019 Thames St. N./Newton St. Burn Complaint North Town Line/Thames St. MVC N. 2018 North Town Line/Pemberton MVC St. 87 North Town Line Alarm North Town Line/Oxford St. Gas Leak 454 Haines St. Medical/Rescue 2017 North Town Line/Pemberton MVC St. 2016 North Town Line/Pemberton MVC St. North Town Line/Thames St. MVC 2015 No Calls 2014 173 North Town Line Co2
The Corporation of the Township of Zorra P.O. Box 306, Ingersoll, Ontario N5C 3K5 Tel. (519) 485-2490 • Toll Free 1-888-699-3868 • Fax (519) 485-2520 • E-mail: [email protected]
Page 2 of 14 Report No: 2021-019 Council Date: Regular Council - 03 Feb 2021
87 North Town Line Alarm 5 North Town Line Co2 191 Pemberton St. Co2 North Town Line Vehicle Fire 2013 87 North Town Line Medical Call 2012 Road 64/Cemetery Lane Assist OPP North Town Line/31st Line MVC 87 North Town Line Medical Call
The financial terms of the agreement are set out in Schedule E and sees the Township pay based on assessment land values in the area. A summary of the last three years is listed below:
Year Cost 2020 $19,918.00 2019 $19,462.00 2018 $18,401.00 2017 $17,895.94
Section 18 of the agreement permits amendments by mutual consent. Section 18 reads as follows:
The parties agree this Agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendments give the other party a minimum of thirty (30) days written notice of the proposed amendment(s)
Given the low call volumes in the service area and the increasing annual costs, it is recommended that Council pass a resolution to give notice to the Town of Ingersoll the Township wishes to amend financial considerations in the agreement.
FINANCIAL IMPLICATIONS: N/A
LINK TO STRATEGIC PLAN:
Goal: We are a prosperous community that provides opportunities to work and shop in our community and to grow in a sustainable matter. Action:
The Corporation of the Township of Zorra P.O. Box 306, Ingersoll, Ontario N5C 3K5 Tel. (519) 485-2490 • Toll Free 1-888-699-3868 • Fax (519) 485-2520 • E-mail: [email protected]
Page 3 of 14 Report No: 2021-019 Council Date: Regular Council - 03 Feb 2021
Improve municipal efficiency.
ATTACHMENTS: 97-07-01 Agreement
The Corporation of the Township of Zorra P.O. Box 306, Ingersoll, Ontario N5C 3K5 Tel. (519) 485-2490 • Toll Free 1-888-699-3868 • Fax (519) 485-2520 • E-mail: [email protected] L S
FIRE PROTECTIONPage 4 of 14 AGREEMENT
AGREEMENT made in duplicate this 1 s t day of July , 19 97
BETWEEN:
THE CORPORATION OF THE TOWN OF INGERSOLL hereinafter called the "Town" OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF ZORRA hereinafter called the "Township" OF THE SECOND PART
WHEREAS By Laws- have been duly enacted by the corporate parties hereto respectively, pursuant to the provisions of Paragraph 5, Section 207 of the Municipal Act, R.O.S. 1 990, Chapter M.45, to authorize an agreement between the said parties relative to the use of certain fire fighting equipment of the said Town with the described fire area(s)of the Township.
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, it is mutually agreed between the parties hereto, as follows:
1. In this Agreement,
a) " designate" means the person who, in the absence of the Fire Chief, is assigned to be in charge of a particular activity of the Fire Department and who has the same powers and authority as the Fire Chief.
b) "fire area" means the fire area(s)of the Township as described in Schedule "A" attached hereto.
c) "Fire Chief"means the Chief of the Fire Department
d) " Fire Department" means the Ingersoll Fire Service.
e) " Fire Protection Service" means and includes the following:
i) fire fighting; ii) fire cause determination and investigations; iii) hazardous material incidents, limited to awareness level; iv) search and rescue operations; v) medical assistance; vi) extrication services; vii) fire prevention inspections, reports and services; viii) any other responses or incidents to which the Fire Department would normally respond in the Town; ix) administrative functions and services in respect to the provi of the previously mentioned services.
NOTE: in the case of first response, back up- and mutual assistance types of agreements, only the applicable items above will be included. Any changes then required in the following sections will be made accordingly,
2. The Town will supply, except as liereinatler limited or excluded, "Fire Protection Services" to the Township in the fire area as described. in Schedule "A"attached hereto.
3. The fire apparatus and personnel of the Fire Department that will respond to occurrences in the fire area of the Township will be the equivalent of a response to the residents of the Town of Ingersoll as per departmental standard operating guidelines.
2 Page 5 of 14 Fire Protection Agreement Townshi of Zorra Pa e 2 of 4
4, Should the Fire Chief, or designates, require assistance, or believe assistance may be required, by way of additional personnel, apparatus or equipment, in addition to that provided by Section (3)above, at an occurrence in the fire area such assistance shall be summoned in accordance with the provisions of the Fire Protection Agreement between the Township and the following municipality: st i Mutual Aid - Thamesford Fire Department ( West of 31 Line ) s ii) Embro Fire Department (East of 31 Line )
5. Notwithstanding Section (3)above, the Fire Chief, or designate, may refuse to supply the described response to occurrences if such response personnel, apparatus or equipment are required in the Town or elsewhere, under the provisions of the County of Oxford Emergency Fire Services Plan and Program. Similarly, the Fire Chief,'or designate may order the return of such apparatus, equipment or personnel that is responding to or is at the scene of an incident in the fire area. In such cases the Fire Chief , or designate, will summon assistance in accordance with the provisions of the Fire Protection Agreement referred to in Section (4)above, and as described in Schedule "F"attached hereto.
6. The Fire Chief or designate, shall have full authority and control over any and all activities in which the Fire Department may be engaged in the fire area of the Township.
7. The Fire Chief, or designate, shall report at the Townships' request, all occurrences in the fire area to which the Fire Department has responded in the prior month.
8. The Town will receive all funds recovered for occurrences at which the Fire Department attends in the fire area, as set out in the Town's Fee Schedule.
9. The Township agrees to provided a map of the fire area clearly indicating all readily accessible static sources of water available for the fire fighting operations. See Schedule A & B " attached hereto.
10. The Township agrees to maintain all streets and roads in the fire area identifiable by having them clearly marked at all intersections.
11. The Township agrees to notify the Town of all roads under construction, and identify all bridges under Township or other jurisdiction(s)in the fire area as to weight limits and advise of alternate routes for fire apparatus. The bridges so identified, as being unable to carry the weight of the fire apparatus, shall be set out in Schedule "C"attached hereto. Any such roads under consturction or bridges, so identified, will either limit or exclude Fire Protection Services where the use of any of these bridges is required for fire apparatus.
12. The Township shall be responsible for establishing and notifying in the manner and to the extent deemed necessary, residents and occupants of the fire area, of the procedures for reporting and emergency and of the services provided by the Fire Department.
13. The Township warrants that appropriate by-s)law(have been enacted authorizing the activities and responsibilities of the Fire Chief under the Township emergency plan, as in Schedule "D"attached hereto.
14. The Township shall take whatever action is appropriate and necessary to have the Fire Chief appointed as "Chief Fire Official" for the fire area.
15. In consideration for the Fire Protection Services undertaken by the Town to be provided in the fire area of the Township, the Township shall pay fees to the Town as set out in Schedule "E"attached hereto.
16. Not withstanding anything herein contained, no liability shall attach or accrue to the Town for failing to supply to the said Township on any occasion, or occasions, any of the Fire Protection Services provided for in this Agreement
1 3... Fire Protection Agreement Page 6 of 14 Township of Zorra Page 3 of 4
17. No liability shall attach or accrue to the Township by reason of any injury or damage sustained by personnel, apparatus, or equipment of the Fire Department while engaged in the provision of Fire Protection Services in the fire area.
18. The parties agree this Agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendment(s)give the other party a minimum of thirty (30) days written notice of the proposed amendment(s).
19. So often as there may be any dispute between the parties to this Agreement, or any of them, with respect to any matter contained in this Agreement, including, but not limited to the interpretation of this Agreement, the same shall be submitted to arbitration under the provisions of the Municipal Arbitration's Act, R.O.S.c. 304 and the decision rendered in respect of such proceedings shall be final and binding upon the parties to this Agreement. If for any reason the said arbitration cannot be conducted pursuant to the provisions of the Municipal Arbitration' s Act, then the parties hereto shall agree to the selection of a single arbitrator, and in the absence of agreement, such arbitrator shall be appointed by a judge of the Supreme Court of Ontario Pursuant to the provisions of the Arbitration's Act, R.S. O. c.25 or pursuant to any successor legislation.
20. In the event that any covenant, provision or term of this Agreement should at any time be held by any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and 'effect mutatis mutandis.
21. This Agreement shall be in force for a period of five (5) years commencing on July 1, 1997 and expiring on June 30, 2002and thereafter it shall be automatically renewed form year to year unless in any year either party gives notice to the other party, as set out in Section (18)hereof
22. Notwithstanding Section ( 20),this Agreement may be terminated at any time prior to, by either party giving written notice to the other party not less than twelve (12)months prior to the desired termination date. In any case of termination prior to June 30, 2002 the fees specified in Section (15) will be applied on a pro rata basis using the same formula as applied previous to the termination date.
23. Notwithstanding Section (20)setting out the termination date of the Agreement, the Agreement may be renewed or extended by the mutual consent of the parties, as provided for in Section (18). Page 7 of 14 Fire Protection Agreement Township of Zorra Fa e4of4
IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the hands of its proper officers.
SIGNED, SEALED AND EXECUTED in the presence of: THE CORPORATION OF THE TOWN 0 INGERSOLL
Mayor
Edward Hunt, Clerk Administrator
THE CORPORATION OF THE TOWNSHIP OF ZORRA
Donald MacLeod, Clerk Administrator
1, JOAN BARRETT, DEPUTY CLERK FOR THE TOWN OF INGERSOLL DO HEREBY DECLARE THIS TO = TRUE A CORRECT COPY Page 8 of 14 SCHEDULE "A"
FIRE P ti OTECTION AGREEMENT
FIRE AREA SECTION (2)
The following describes the fire area of the Township for the purposes of the Fire Protection Services Agreement between the To or41 and Township.
As designated on the Attached Schedule " B" mapping. Page 9 of 14
Inl TuIIOIIII1 A6 11111111 PageSCHEDULE 10ED ofULE 14 L G "
FERE Jr N.OTECTION AGREEMENTGN T
BRIDGES SECTION (11)
NOT APPLICABLE PageSCHEDULE 11 of 14 ID"
FIRE P OTECTION AGREEMENT
APPOINTMENT OF FIRE CH IEF OF THE TOWNSHIP MUNICIPAL EMERGENCY PLAN SECTION (13)
The following is the by law- of the Corporation of the Township of Zorra that appoints a Fire Chief for the purposes of the Township Emergency Plan. PageSCHEDULE 12 of 14 "E"
IMRE P OTECTION AGREEMENT
FIRE PROTECTION SERVICE FEES (SECTION 15)
Fire Protection service fees payable by the Township to the Town shall be calculated as follows:
1. The total cost of fire protection shall be determined by the operating expenditures approved annually for the Fire Department, less any revenue generated by the Fire Department.
2. The above fire protection costs in Section 1 above shall include contributions made to any and all Fire Department reserve funds (accounts) established for the replacement of Fire Department apparatus, equipment and/or structures.
3. The total area served by the Fire Department shall include all of the lands within the Town and those Township lands described in Schedule "A".
4. The Township will provide to the Town on or before January 15th in each year, the total assessment figure for the service area set out in Schedule "A"
5 The Town will calculate the amount owing for each year by the following formula:
Service Area Assessment x Fire Department Mill Rate
Mill Rate will be determined by the Town on the approved yearly operating and capital budgets of the Fire Department.
6. The Town will forward the Fire Department's approved annual budget, calculations and amount owing to the Township on or before March 1 of each year for inclusion in the Township's annual budget.
7. The Township may upon request, review with the Town the calculations provided as well as the items included in the operating budget.
8. In the event of disagreement as to the method of calculation or any other matters relative to the costs assessed against the Township, the provisions of this Agreement shall apply with respect to arbitration as set out in Section (19)of this Agreement.
9. The calculated cost of fire protection shall be due and payable to the Town by the Township on or before July 1st each year on the basis of the report provided under Section 8)hereof without the necessity of the issuance of an account or invoice. PageSCHEDULE 13 of 14 " F"
FERE 1 l:OTECTION AGREEMENT
ASSOCIATED EIRE AGREEMENTS (SECTION 4) Page 14 of 14 THE CORPORATIONION OF THE TOWN OF INGERSOLL
BY-LAW NO. 97 374-
A by-law to authorize the execution of an agreement between The Corporation of the Town of Ingersoll and The Corporation of the Township of Zorra.
WHEREAS pursuant to Section 207 of the Municipal Act, R.O.S.1990, Chapter M.45, one or more municipalities may enter into an agreement to provide for the joint management and operation of fire departments;
AND WHEREAS the Town ofIngersoll and the Township of Zorra are desirous to enter into an agreement for the use of certain fire fighting equipment of the Town within a certain area of the Township;
NOW THEREFORE the Council ofThe Corporation ofthe Town ofIngersoll enacts as follows:
1) That the Mayor and Clerk Administrator are hereby authorized and directed to execute an agreement in triplicate and affix the Corporate seal thereto with the Township of Zorra.
2) That a copy ofthe said agreement shall be annexed to and form part of this by law.-
READ a first and second time in Open Council this 12th day of March 1997.
READ a third time and passed in Open Council this 12th day of March 1997.
olbrough, Mayor
Edward A. nt, Clerk Administrator
1, JOAN BARRErr, DEPUTY CLERK FOR THE TOWN OF INGERSOLL DO HEREBY DECLARE THIS TO A TRUE A CORRECT COPY