THE CORPORATION OF THE MUNICIPALITYOF CENTRE HASTINGS
BY-LAW NUMBER 2018-40
BEING a By-law to authorize the execution of a Mutual Services Agreement.
WHEREAS the Council of the Corporation of the Municipality of Centre Hastings proposes to enter into a Mutual Services Agreement with Township of Madoc, Municipality of Marmora and Lake, Township of Stirling-Rawdon, Municipality of Tweed, Town of Deseronto, Township of Tyendinaga, Mohawks of the Bay of Quinte First Nation, City of Belleville, City of Quinte West and Prince Edward County to establish the framework through which a municipality that is in need of assistance has their requests for human and material resources located and deployed in a timely and efficient manner.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRE HASTINGS ENACTS AS FOLLOWS:
THAT the Mayor and CAO of the Corporation of the Municipality of Centre Hastings are hereby authorized and empowered to execute a Mutual Support Agreement with participating member municipalities of Hastings County, Mohawks of the Bay of Quinte First Nation, the City of Belleville, the City of Quinte West and Prince Edward County and to affix the seal of the Corporation of the Municipality of Centre Hastings thereto.
AND THAT the agreement be attached to this by—lawas Schedule A.
Read a first and second time this 25th day of April, 2018.
Read a third time and finally passed this 25th day of April, 2018.
Tom Delin , Mayor
Christine Martin, CAO Treasurer
/
\ MUTUAL SUPPORT AGREEMENT
This Agreement is to authorize the execution of a Mutual Support Agreement with participating member municipalities of Hastings County, Mohawks of the Bay of QuinteFirst Nation, the City of Belleville, the City of QuinteWest and Prince Edward County.
The purpose of this Agreement is to establish the framework through which a municipality that is in need of assistance has their requests for human and material resources located and deployed in a timely and ef?cient manner.
1”’ This Agreement made this 35 day of ggé I2. , A.D. between:
Municipality of Centre Hastings Township of Madoc Municipality of Marmora and Lake Township of Stirling-Rawdon Municipality of Tweed Town of Deseronto Township of Tyendinaga Mohawks of the Bay of QuinteFirst Nation City of Belleville City of QuinteWest Prince Edward County
WHEREAS, the Province of Ontario has passed an Act which provides for the formulation and implementationof emergency plans in “The Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9”.
AND WHEREAS, the Act makes provision for the Council of a municipality to enter into an Agreement with the Council of any other municipality or with any entity for the provision of any personnel, service, equipment, or materials during an emergency; “The Emergency Management and Civil Protection Act,, R.S.O. 1990, c. E.9, s. 13 (3)”.
AND WHEREAS, for purposes of this agreement, Mutual Aid (Fire Services) is excluded and is covered under each party’s individually approved “Mutual and Automatic Aid Agreements”. AND WHEREAS, all participatingmember municipalities within Hastings County, Mohawks of the Bay of QuinteFirst Nation, The City ofBellevi11e,The City of QuinteWest and Prince Edward County, agree on the necessity and desirability of entering into an Agreement for the provision of mutual support to deal with emergencies.
In this Agreement:
Definitions
a) “Municipality” means a Municipality, Township, City, or County b) “First Nation” means Mohawks of the Bay of QuinteFirst Nation c) “Emergency” means a declared emergency by the County or one of the participatingmember municipalitieswithin Hastings County, Mohawks of the Bay of QuinteFirst Nation, Prince Edward County, the City of Belleville, the City of QuinteWest and includes a situation or an impending situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property. These situations could threaten public safety, public health, the environment, property, critical in?astructure and economic development, as de?ned in the Emergency Management and Civil Protection Act.
Principles v0 Each participating member municipality and First Nation agree to develop emergency plans to ensure that essential services are able to make the most effective use of their personnel and resources. The emergency plans shall be shared amongst the parties of this Agreement.
The municipality or First Nation that is requesting mutual support, shall have implemented its emergency plan, committed to the emergency its own resources, and for the duration of operations assume direction and control over equipment and human resources contributed by other parties to this Agreement.
Activation
4° A request for support shall in the case of a municipality bemadeby the Municipal Emergency Control Group (on behalfof the Incident Commander/ or alternate) or from the Band Chief (or alternate) 1n the case of Mohawks of the
0.0 Bay of QuinteFirst Nation to the applicable CEMC.
'2' A request from the Municipal Emergency Control Group for mutual support on behalf of a signatoryto this Agreement requires a response.
‘1° The extent of the support given will be at the discretionof each responding municipality or First Nation providingthe aid.
. The municipality or First Nation may refuse to supply the requested response to occurrences if such response personnel, apparatus or equipment are required to provide services within their own municipality. Similarly, a municipality may order the return of such apparatus, equipment or personnel that is responding to, or is at, the emergency scene if it is required to provide protective services in the local municipality. In such cases the assisting municipality must notify the assisted municipality of the desired actions.
Costs
'2' Any costs incurred in connection with the provision of Mutual Support shall be borne by the Responding Party providing such aid unless:
(i) An alternate agreement is reached between the parties for payment of services provided prior to deployment of any Mutual Support,
(ii) Provincial and/or federal funding becomes available to offset the costs associated with responding to an Emergency.
°2' A municipality or First Nation receiving equipment under this Mutual Support Agreement will ensure its prompt return in the condition it was received.
Indemni?cation
The Receiving Party shall indemnify and save harmless the Responding Party from all claims, costs, all manner of action or actions, cause and causes of action, accounts, covenants, contracts, demands or other proceedings of every kind or nature whatsoever at law or in equity arising out of the Mutual Support Agreement and out of support provided pursuant to the Mutual Support Agreement. The indemnity herein provided shall include all costs, including but not limited to duties, dues, accounts, demands, penalties, ?nes and fees. Review and Termination
This Agreement comes into force on the day and year noted above and will be reviewed as requested thereafter by the parties.
°3° At the time of the review, all parties may introduce changes or additionsto this Agreement by way of a rider that shall become part of this Agreement upon rati?cation.
02° Any one of the signatories may withdraw from this Agreement by giving written notice within 60 days of termination to the Councils of all municipalities subject to this Agreement.
'2' After the withdrawal of any party, the Agreement shall continue in force between the remaining parties.
4* Signatories who withdraw from the Agreement shall not be entitled to the return of any contributions or share of resources required under the terms of this Agreement.
IN WITNESS WHEREOF, the participating member municipalities in Hastings County, the Mohawks of the Bay of QuinteFirst Nation, The City of Belleville, The City of QuinteWest, and Prince Edward County, have hereunto caused their corporate seals to be affixed, attested to by the proper of?cers on their behal?the day and year first above written.
Given under the Seal of each of the municipalities or First Nation subject to this agreement and signed and dated as indicated as follows:
The Municipality of Centre Hastings
’ Q,6/L Q5//8By—Law# Date 2018-40
CAO/Treasurer ?g/Jszzz? V The Township of Madoc
//4-—«’—z Q»/zg It/u3"aofZi> Ree e Date By—Law# M0.22: Cferk Date
The Municipality of Marmora and Lake
- ayor Date By-Law # «Q27/av/rw’.j ‘/72%/gr;/7/:13 CAO Date
Township of Stirling-Rawdon
. - M 9/10 220-/8 Mayor Date By—Law# mamtpW2/ MM 9/20 Clerk Date
Municipality of Tweed
I ta/5./Zmgpé/Zém?‘ HHS 3914; &®\ «at Stayor Date By-LEIW#
i“(9r3 3939’ Municipality of Tweed
Mayor Date By—Law#
Date
52Z7/Z?/Zc.07/-/E, Date By—Law#
Dae
Township of Tyendj,naga 520:9//ea 2W0 By—Law#
iiilohawks of the Bay of Quinte First Nation
DC"”’( "fir! ‘:Q"‘:"’ L’ "“‘ 5/5'! 717;‘:94) Chief Date By—Law#
Date
éaqcztal-L1iaDI‘6‘9055’ ‘LN’ Mayor Toso chrtsvtsphcr Date By—Law# ggtzij QDIS’ City Clerk MartMacjbrmd Date Municipality of Tweed
Mayor Date By—Law#
CAO Date
Town]of De /" A 02/2(/20 21-18 I\/(ayor) Date By—Law# Township‘ Wzrya5 F _ 9%a»«m—-=~D' “é . aw/2-/./9 ’ are ~ _ ?eeuélKick1”mLcu%Date By—Law# 2/2! low CAO Emma (Come :4 Date Wlohawks of the Bay of Quinte First Nation Chief Date By—Law# JL. M. }’V\Ar/xcLc,Q.2_ Feb, W, ;Lo;Lo 19/CA Date City of B417e"'\"iiIJ‘» 7~?%;»a (§_,4zi§4,aoz 36¢ 2+, 32D‘3 xww Date City Clerk Marl’Mac?xad City of Quinte West Mayor C/€//c. Prince dward County 355'if rQ0‘\C\ By—Law# ’