THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN BY-LAW 2013-39 Being a By-law to authorize the Reeve and Clerk to Execute an Agreement with Hiawatha First Nation for Fire Protection Services (Fire Area #4) _________________________________________________ WHEREAS the Council of the Corporation of the Township of Otonabee-South Monaghan deems it desirable to enter into an agreement with Hiawatha First Nations; NOW THEREFORE the Council of the Corporation of the Township of Otonabee-South Monaghan hereby enacts as follows: 1. That the Reeve and Clerk are hereby authorized to sign and affix the Seal of the Corporation to an agreement with Hiawatha First Nations for Fire Protection Services (Fire Area #4) 2. That a copy of the said agreement is attached hereto and forms part of this by-law. 3. That By-law 1999-43 is hereby repealed. Read a First time this 9th day of September, 2013. Read a Second time this 9th day of September, 2013 Read a Third time and finally passed this 9th day of September, 2013 A.D. ____________________________ Deputy-Reeve Joe Taylor ____________________________ Clerk – Heather Scott Fire Protection Services Agreement – HFN & OSM Page 1 Fire Protection Services Agreement This Agreement made this 13th day of September, 2013 BETWEEN: The Corporation of the Township of Otonabee-South Monaghan 20 Third Street Keene, Ontario K0L 2G0 (hereinafter referred to as the “Municipality”) AND: Hiawatha First Nation 123 Paudash Street Hiawatha, Ontario K9J 0E6 (hereinafter referred to as “Hiawatha”) (collectively, the “Parties”) WHEREAS the Hiawatha First Nation Band Council has approved this Service Agreement by passing First Nation Council Resolution BCR 15113 at its meeting held on August 21, 2013 in accordance with provisions of the Indian Act, R.S.C. 1985, c. 1-5. A certificate of the First Nation Council Resolution is attached to this Service Agreement as Schedule “C” AND WHEREAS the Municipal Council has approved this Service Agreement by passing By-law 2013-39 at its meeting held on September 9, 2013pursuant to Section 10(1) of the Municipal Act, 2011 which authorizes a municipality to provide any service or thing that the municipality considers necessary or desirable for the public and Part II (5)(a) of the Fire Protection and Prevention Act, Chapter 4 S.O. 1997 which states that a municipality may under such conditions as may be specified in the agreement, 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. A copy of the By-law is attached to this Service Agreement as Schedule “D”. Fire Protection Services Agreement – HFN & OSM Page 2 AND WHEREAS Hiawatha has a responsibility to provide fire protection services to the Lands. AND WHEREAS the Municipality and Hiawatha have reached an agreement whereby Hiawatha will pay the Municipality to provide fire protection services to the Lands. AND WHEREAS the said Parties deem it to their mutual interest to enter into this agreement. THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained the sufficiency which is hereby acknowledged, the PARTIES hereto agree as follows: 1.0 Definitions 1.1 In this agreement, including this section, the recitals and schedules hereto, unless the context otherwise requires: a. Administrator – means the Administrator or designate for Hiawatha First Nations and the Township of Otonabee-South Monaghan b. Agreement – means this agreement, including the recitals and schedules hereto, as amended and supplemented from time to time. c. Annual Fire Services Fee – has the meaning ascribed in section 4.0 d. Building – means a building, mobile home, or a structure, whether occupied or not e. Establishing and Regulating By-law – means the Establishing & Regulating (E & R By-law) for the Township of Otonabee-South Monaghan Fire Department, as such by-law may be amended or replaced from time to time. f Fire Chief – means the person appointed as the Chief of The Corporation of the Township of Otonabee-South Monaghan, and any officer, member or inspector who in the normal course of his or her duty is authorized by the Fire Chief to act on his or her behalf or has delegated authority under the Fire Protection and Prevention Act of Ontario (FPPA). g. 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 Fire Protection Services Agreement – HFN & OSM Page 3 h. Hiawatha Fire Station #4 (HFS 4) – means the Fire Station also known as George Cowie, Sr. Emergency Management Services Building, as used in this agreement to define the building and furnishings that house the Municipal Equipment. i. Lands – means the lands outlined in Schedule “A” and includes anything within the boundaries of those Lands. j. Municipal Equipment – means only firefighting equipment and apparatus provided by the Municipality for the Hiawatha Fire Station #4 located at 411 Hiawatha Line. k. Reserve – means Hiawatha First Nation which is a reserve within the meaning of the Indian Act R.S.C. 1985, c. 1-5. l. Services – means fire protection services provided by the Municipality to the Lands and Serviced Buildings for the benefit of Hiawatha. m. Serviced Buildings – means the Buildings to receive fire protection services from the Municipality as identified by Hiawatha under Section 4.2. n. Term – means a period of time which this Agreement remains in force and effect, as described in Section 2.0. o. Treasurer – means the Treasurer for the Township of Otonabee-South Monaghan. 2.0 Term 2.1 Either Party may terminate this Agreement with or without cause by giving the other Party one hundred and eighty (180) days prior written notice of its intentions to do so. 2.2 If the contract is terminated by Hiawatha, the Municipality will be paid the Annual Fire Services Fee for Services up to the point of termination on a prorated basis. 3.0 Services 3.1 The Municipality has agreed to provide, manage, train and operate all equipment, apparatus and personnel, for the provision of Services within the Lands identified in Schedule “A” Fire Protection Services Agreement – HFN & OSM Page 4 3.2 The quality and quantity of the Services to be provided by the Municipality under this Agreement will be substantially the same as the quality and quantity of Services provided by the Municipality on non-reserve lands within the Municipality in accordance with the Municipality’s Establishing & Regulating By-law, save and except fire inspection services which shall be made available on a request or complaint basis only, subject to available Municipal resources and authority to inspect. The Municipality is not obliged to provide Services at a greater level or degree than the level or degree to which the same service is provided elsewhere within the Municipality. The Municipality makes no representation or warranty that the level or degree of Services provided under this Agreement will be maintained or continued to any particular standard, other than as stated expressly herein. Hiawatha acknowledges and agrees that there may be from time to time interruptions or reductions in the level of Services, and that the municipality will not be held liable for any losses, costs or damages, claims or expenses arising from or connected with a temporary interruption or reduction in the level of a Services provided under this Agreement. 4.0 Payment for Services 4.1 As compensation for the provision of Services provided hereunder, Hiawatha shall pay the Municipality the Annual Fire Services Fee in accordance with Appendix “B” 4.2 In May of each year of the Term, Hiawatha shall provide the Treasurer, information regarding all buildings within the Lands to receive Services, collectively the “Serviced Buildings” (See Schedule “B”). This list shall be used for the sole purpose of calculating the Annual Fire Services Fee. 4.3 On or before (date of invoice to be sent) of each calendar year, the Municipality shall invoice Hiawatha for the Annual Fire Services Fee for the upcoming year. 4.4 Hiawatha will pay all of the Municipality’s invoices within sixty (60) days of issuance. Interest on all outstanding invoices shall accrue at a rate of 1.25%, calculated monthly. 5.0 Covenants of the Municipality 5.1 The Municipality shall provide Services to the Lands, including all Serviced Buildings as set out in Section 3 of this Agreement. 5.2 The Municipality shall provide, service and maintain in good working order all Municipal Equipment necessary for the provision of the Services on the Lands to the standard substantially the same as elsewhere in the Township of Otonabee-South Monaghan. Fire Protection Services Agreement – HFN & OSM Page 5 5.3 The Municipality shall invoice the Hiawatha for the cost of the Services as set out in Section 4 of this Agreement. 6.0 Covenants of the Hiawatha 6.1 Hiawatha shall allow access and use of digital mapping for 911 / dispatch to the Municipality in order to enable the Municipality to identify the location of all existing streets located on the Lands on the commencement date of the Agreement and as required throughout the term for the sole purpose of this Agreement only. 6.2 Hiawatha shall provide the Municipality a list of all Serviced Buildings on the Lands and their locations for fire protection purposes. A Hiawatha representative shall upon request of the Municipality guide the Fire Chief on an inspection of the Lands to confirm the location of all Serviced Buildings on the Lands. 6.3 Hiawatha shall notify the Municipality of any known inspection reports and orders that are issued to the occupants or owners of any Buildings on the Lands as they occur.