MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS
A five-year agreement between the City of Colwood and the Town of View Royal to provide mutual fire protection assistance.
MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS
THIS AGREEMENT dated for reference the 29th day of November 2016.
BETWEEN
CITY OF COLWOOD 3300 Wishart Road Victoria, B.C. V9C 1R1 ("Colwood") OF THE FIRST PART
AND:
TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, B.C. V9B 1A6 ("Town of View Royal") OF THE SECOND PART
WHEREAS:
A. Pursuant to sections 8(1) and 11(2) of the Community Charter municipalities are empowered to enter into agreements; B. Both Parties provide the service of fire protection and maintain their own Emergency Resources; C. The parties consider it to be to their mutual benefit to co-operate in the fighting of fires and other emergency-related incidents.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and provisions herein contained, the parties covenant and agree as follows:
1.0 DEFINITIONS
1.1 For the purposes of this Agreement:
"Area of Jurisdiction" means the territorial area over which each Party has legal authority to provide Emergency Operations services.
"Emergency" includes any or all of the following:
- Fire Emergency,
- Rescue Emergency,
- Medical Emergency, and
- Emergency Standby Services
"Emergency Operations" means fire suppression, First Responder Program medical aid, auto extrication and rescue and Emergency Standby assistance.
"Emergency Resources" means persons and equipment designated by a Party for the purpose of Emergency Operations, all or a portion of which may be made available to another Party to assist in Emergency Operations.
"Emergency Standby Services" means the provision of Emergency Resources by the Providing Party to the fire station of the Requesting Party for the purpose of standing by in the event that an Emergency occurs in the Requesting Party's Area of Jurisdiction which cannot be brought under control by the use of local Emergency Resources within the Area of Jurisdiction.
"Fire Chief" means the Fire Chief of a Party and includes any person appointed or designated by the Fire Chief to act on his behalf.
"Fire Emergency" means a real or anticipated fire that in the opinion of the Fire Chief or Officer in Charge endangers the lives, safety, welfare and well-being of people, or the safety or fabric of buildings or structures and which cannot be brought under control by the use of local firefighting resources within the Area of Jurisdiction.
"First Responder Program" means an emergency medical assistants' training program established under the Health Emergency Act and its Regulations.
"Medical Emergency" means a real or anticipated medical emergency that in the opinion of the Fire Chief or Officer in Charge endangers the lives, safety, welfare and well-being of people and which cannot be brought under control by the use of local Emergency Resources within the Area of Jurisdiction.
"Officer in Charge" means the senior officer of a Fire Department in attendance at an Emergency.
"Party" means a party to this Agreement.
"Providing Party" means a Party receiving a request for assistance under this Agreement.
"Requesting Party" means a Party requesting assistance under this Agreement.
"Rescue Emergency" means a real or anticipated rescue assistance situation that in the opinion of the Fire Chief or the Officer in Charge endangers the lives, safety, welfare and well-being of people, or the safety or fabric of buildings or structures and which cannot be brought under control by the use of local Emergency Resources within the Area of Jurisdiction.
"Shipboard Firefighting" means any activity that requires a firefighter to put a foot on board a sailing boat, ship or water motor vessel of any kind or size for the purpose of fire suppression.
2.0 TERM
2.1 Subject to Section 2.2, the term of this Agreement shall be five (5) years, commencing on the 1st day of December, 2016 and ending on the 30th day of November, 2021.
2.2 Either Party may terminate this Agreement by delivering sixty (60) days' written notice of termination to the other Party by hand or by registered mail, from one Party to the other Party.
3.0 ASSISTANCE RESPONSE
3.1 The Parties agree to provide Emergency Operation services to each other's Area of Jurisdiction in accordance with the terms of this Agreement.
3.2 As a limit on section 3.1, the Parties will not provide Shipboard Firefighting unless its firefighting personnel are properly trained and certified to do so.
3.3 Where a Fire Chief or Officer in Charge determines that an Emergency exists, he or she may in his or her sole and absolute discretion decide whether to request assistance response from the other Party.
3.4 Upon request of the Fire Chief or Officer in Charge of the Requesting Party and subject to section 4 of this Agreement, a Providing Party shall dispatch Emergency Resources to assist in Emergency Operations in the Requesting Party's Area of Jurisdiction, immediately upon notification.
4.0 AVAILABILITY OF EMERGENCY EQUIPMENT AND PERSONNEL
4.1 The Fire Chief of a Providing Party shall determine whether or not Emergency Resources under his or her jurisdiction are readily available to be dispatched for the purposes of section 3.4 of this Agreement depending on whether the emergency equipment is in good repair and the Emergency Resources are not required or anticipated to be required in the Providing Party's Area of Jurisdiction. The Fire Chief of the Providing Party shall communicate that decision to the Fire Chief or Officer in Charge of the Requesting Party as soon as is reasonably possible.
4.2 Nothing in this Agreement shall be interpreted as requiring a Fire Chief to dispatch or make available Emergency Resources to a Requesting Party where the Fire Chief reasonably considers that the Emergency Resources are or may be required by the Providing Party in the Responding Party's Area of Jurisdiction.
4.3 A Requesting Party shall not request assistance in Emergency Operations unless or until its own Emergency Resources are deployed or are in use to deal with an Emergency except where it requires specialized equipment which it does not possess.
4.4 If the Fire Chief of a Providing Party determines that Emergency Resources will be dispatched, the Fire Chief of the Providing Party shall provide a minimum of four (4) personnel for each type of equipment requested by the Requesting Party except for Command Officer or Fire Duty Officer vehicles, which may have less than four (4) personnel.
5.0 CONTROL
5.1 Subject to section 7.1, the Officer in Charge of the Requesting Party shall direct use of Emergency Resources assisting at the Emergency and, in the case of Emergency Resources supplied by the Providing Party, shall give his or her directions to the Fire Chief or Officer in Charge of the Providing Party.
6.0 RECALL
6.1 Emergency Resources supplied by a Providing Party pursuant to this Agreement may be recalled at any time when the Fire Chief of the Providing Party has determined in his or her sole discretion that the Emergency Resources are required in the Providing Party's Area of Jurisdiction.
7.0 SAFETY OF PROVIDING PARTY
7.1 If, in the opinion of the Officer in Charge of the Providing Party, the safety of Emergency Resources is a concern, or good firefighting practices are not applied, the Officer in Charge of the Providing Party shall have sole discretion as to the application and following of directions given by the Officer in Charge of the Requesting Party as these directions relate to the Emergency Resources of the Providing Party.
8.0 COST
8.1 There shall be no cost to either the Providing Party or the Requesting Party for emergency aid resources other than supplies to operate, where those items used shall be replaced at recovery cost by the Requesting Party.
9.0 WATER SUPPLY
9.1 Whether or not responding to an Emergency, each Party to this Agreement shall have the use of the closest and available water supply, regardless of jurisdiction, if the factors of time, life and safety warrant.
10.0 FIRE CHIEF'S OR OFFICER IN CHARGE'S DETERMINATION
10.1 The determination of a Fire Chief or Officer in Charge on any matter that he or she has authority to determine under this Agreement shall be final.
11.0 RELEASE
11.1 As soon as the Emergency Operations giving rise to the request for assistance have been brought under control, Emergency Resources supplied under this Agreement shall be released first before any of the Requesting Party's resources are released.
12.0 INDEMNITY
12.1 The Requesting Party shall indemnify and hold harmless the Providing Party, its elected and appointed officers, employees, agents and servants, from and against any and all expenses up to an amount of $10,000 incurred by the Providing Party as a consequence of paying to its insurer or insurers, a deductible or deductibles for insurance coverage related to the request for or provision of assistance pursuant to this Agreement. For clarity, this is an expense item and not an insurable item.
13.0 INSURANCE
13.1 Each Party shall each procure and maintain in force at their own cost during the entire term of this Agreement a comprehensive general liability insurance policy, policies and/or program with a limit of not less than FIFTEEN MILLION ($15,000,000.00) DOLLARS inclusive per occurrence for bodily injury (including death), personal injury and property damage. The policy, policies and/or program shall include but not be limited to the following coverage/provisions: (a) all premises and operations necessary or incidental to the performance of this Agreement; (b) products and completed operations; (c) "broad form" property damage; (d) blanket contractual liability; (e) cross liability.
13.2 Each Party shall procure and maintain at its own cost during the entire term of this Agreement, automobile insurance for owned and/or leased vehicles as required by the laws of British Columbia and as required under any motor vehicle lease agreement. The minimum limit of third party liability shall be TEN MILLION ($10,000,000.00) DOLLARS inclusive per occurrence for bodily injury, or death of another, or loss or damage to property of another.
13.3 In the event that either Party proposes to withdraw or change insurance providers or lower the policy coverage limits as set out in this agreement, the withdrawing Party shall provide the other Party with a minimum ninety (90) days' written notice of the proposed effective date of withdrawal from MIA so that the other Party may either satisfy itself, in its sole discretion, that appropriate insurance coverage will be in place for the remainder of the Term or serve notice of termination of this Agreement on the withdrawing Party pursuant to section 2 of this Agreement.
14.0 WAIVER
14.1 The waiver by a Party or Parties of any failure on the part of another Party or Parties to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar.
15.0 HEADINGS
15.1 Section and paragraph headings are inserted for identification purposes only and do not form a part of the Agreement.
16.0 LANGUAGE
16.1 Whenever the singular, masculine and neuter are used throughout this Agreement, the same shall be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires.
17.0 SECURITY OF PERSONAL INFORMATION
17.1 Each party will make reasonable arrangements to maintain the security of the personal information in its custody by protecting it against such risks as unauthorized access, collection, use, disclosure or disposal, and will ensure that employees, volunteers and contractors with access to personal information comply with the requirements of the Freedom of Information and Protection of Privacy Act.
18.0 LAW APPLICABLE
18.1 This Agreement shall be construed in accordance with and governed by the laws applicable in the Province of British Columbia.
IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written.
CITY OF COLWOOD by its authorized signatories
Mayor
Corporate Officer
TOWN OF VIEW ROYAL by its authorized signatories
Mayor
Corporate Officer
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