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WHEREAS, the Province of Ontario Has Passed an Act Which Provides

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Motion CW-304-2019 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD By-Law No. 4553-2019 A BY-LAW TO AUTHORIZE THE EXECUTION OF A MUTUAL SUPPORT AGREEMENT WITH PARTICIPATING MUN?CIPALITIES OF PRINCE EDWARD COUNTY, HASTINGS COUNTY, MOHAWKS OF THE BAY OF QUINTE FIRST NATION, CITY OF BELLEVILLE AND CITY OF QUINTE WEST WHEREAS, the Province of Ontario has passed an Act which provides for the formulation and implementation of emergency plans in "The Emergency Management and Civil Protection Act, R.S.0. 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.0. 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 participating member municipalities within Hastings County, Mohawks of the Bay of Quinte First Nation, The City of Belleville, The City of Quinte West 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. NOW THEREFORE the Council of The Corporation of the County of Prince Edward enacts as follows; 1 . THAT the Mayor and Clerk are hereby authorized to execute the Mutual Support Agreement With Participating Municipalities, on behalf of The County Of Prince Edward, attached hereto as schedule A; 2. THAT the provisions of this by-law shall come into force and effect on the day of final passing thereof. Motion CW-304-2019 Read a first, second and a third time and finally passed this 27fh day of August, 2019. mc? .4 ' i d - ' fi-"'-ofi Catalina# - %% Blumenbe44%0 0 € CLERK Stek6'Ferguson, MAYOR 1 ?lll iVIUTUAL 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 Quinte First Nation, the City of Belleville, the City of Quinte West 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 Iocated and deployed in a timely and efficient manner. This Agreement made this day of , 2CE9 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 Quinte First Nation City of Belleville City of Quinte West Prince Edward County WHEREAS, the Province of Ontario has passed an Act which provides for the formulation and implementation of emergency plans in "The Emergency Management and Civil Protection Act, R.S.0. 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.0. 1990, c. E.9, s. 1 3 (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 participating member municipalities within Hastings County, Mohawks of the Bay of Quinte First Nation, The City of Belleville, The City of Quinte West 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, Town, City, or County b) "First Nation" means Mohawks of the Bay of Quinte First Nation 1 c) "Emergency" means a declared emergency by the County or one of the participating member municipalities within Hastings County, Mohawks of the Bay of Quinte First Nation, Prince Edward County, the City of Belleville, the City of Quinte West 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 Iife or property. These situations could threaten public safety, public health, the environment, property, critical infrastructure and economic development, as defined in the Emergency Management and Civil Protection Act. Principles a:a 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. o> 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 a:a A request for support shall in the case of a municipality be made by the Municipal Emergency Control Group (on behalf of the Incident Commander/or alternate) or from the Band Chief (or alternate) in the case of Mohawks of the Bay of Quinte First Nation to the applicable CEMC. a%. A request from the Municipal Emergency Control Group for mutual support on behalf of a signatory to this Agreement requires a response. o> The extent of the support given will be at the discretion of each responding municipality or First Nation providing the aid. o> 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 o> Any costs incurred in connection with the provision of Mutual Support shall be borne by the Responding Party providing such aid unless: 2 (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. a:a A municipality or First Nation receiving equipment under this Mutual Support Agreement will ensure its prompt return in the condition it was received. Indemnification 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 Iaw 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 Iimited to duties, dues, accounts, demands, penalties, fines and fees. Review and Termination This Agreement comes into force on the day and year noted above and wil! be reviewed as requested thereafter by the parties. aa At the time of the review, all parties may introduce changes or additions to this Agreement by way of a rider that shall become part of this Agreement upon ratification . o:a 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. '. After the withdrawal of any party, the Agreement shall continue in force between the remaining parties. o:a 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 Quinte First Nation, The City of Belleville, The City of Quinte 3 West, and Prince Edward County, have hereunto caused their corporate seals to be affixed, attested to by the proper officers on their behalf, 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 201840 Mayor Date By-Law # CAO/Treasurer Date The Township of Madoc 2018-16 Reeve Date By-Law # Clerk Date The Municipality of fVlarmora and Lake 2019-06 Mayor Date By-Law # CAO Date Township of Stirling-Rawdon 1220-18 Mayor Date By-Law # Clerk Date 4 Municipality of Tweed Mayor Date By-Law # CAO Date Town of Deseronto Mayor Date By-Law # CAO Date Township of Tyendinaga 2018-16 Reeve Date By-Law # CAO Date Mohawks of the Bay of Quinte First Nation Chief Date Order# CAO Date City of Belleville Mayor Date By-Law # CAO Date s City of Quinte West Mayor Date By-Law # CAO Date Prince Edward County i:!' ."7'; / i, I " s 4553-2019 Mayor Steve Fergusori, Mayor Date By-Law # CAO Date 6.
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