OFM - 04-09a-12

Sample Fire Protection Agreement

Public Fire Safety Guidelines

Subject Coding

PFSG 04-09a-12

Section

Emergency Response

Date

March 2001

Subject

Sample Fire Protection Agreement

Page

Under Review

Purpose:

To identify considerations and options when providing or receiving fire protection services through municipal agreements.

Introduction:

A fire protection agreement is a contract between the participating municipalities involved, clearly defining the responsibilities, terms, conditions, and all other aspects of the fire services purchased, provided and/or required. It is not practical to produce a sample that identifies the needs of every municipality.

Development:

An analysis must be made to determine if each clause is appropriate for the particular municipality.
In preparing agreements, consideration must be given to the provisions of any collective agreement formulated under the Fire Protection and Prevention Act.
The municipal solicitor, prior to enactment, should review any draft agreements prepared by council.
 

Sample Agreement:

BETWEEN
THE CORPORATION OF THE TOWN OF "A-TOWN"
hereinafter called the "Town" of the first part
AND
THE CORPORATION OF THE TOWNSHIP OF "B-TOWNSHIP"
hereinafter called the "Township" of the second part;
WHEREAS By-laws have been duly enacted by the corporate parties pursuant to the provisions of the Municipal Act, R.S.O. 1990, as amended, to authorize an agreement between the parties; and
WHEREAS the Fire Protection and Prevention Act, Chapter 4, Statutes of Ontario, 1997, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities;
AND WHEREAS the Town operates fire protection services and assets suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of A-Town;
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 a person who in the absence of the fire chief 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 to and forming part of this agreement,
    (c) fire chief means the chief of the fire department,
    (d) fire department means the "A-Town Fire Department"
    (e) fire protection services means and includes activities defined in the Fire Protection and Prevention Act, more particularly described as: "includes fire suppression, fire prevention, fire safety education, communications, training of persons involved in the provision of fire protection services, rescue and emergency services and delivery of all those services".
  2. The town will supply, except as hereinafter limited or excluded, fire protection services to the township in the fire area as described in Schedule "A" attached to and forming part of this agreement.
  3. Fire apparatus and personnel that will respond to occurrences in the fire area of the township will constitute sufficient apparatus and firefighters to accomplish the specific services identified in the agreement.
  4. Should the fire chief, or designate, 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 under provisions of the fire protection agreement between the township and the Township of "C-Ville Fire Department".
    Should the fire chief, or designate, require assistance, or believe assistance may be required, by way of personnel, apparatus, or equipment, in addition to that provided by the Township of "C-Ville Fire Department", the fire chief may invoke the applicable provisions of the (County, District or Regional) Mutual Aid Plan.
  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, District or Regional) Mutual Aid Plan. 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, may summon assistance in accordance with the provisions of the fire protection or mutual aid agreements referred to in Section (4) above, and attached hereto and forming part of this agreement, as described in Schedules "F".
  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 to the township by the tenth (10th) day of each month, 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.
  9. The township agrees to provide a map of the fire area clearly indicating all readily accessible static sources of water available for fire fighting operations. See Schedule "B" attached to and forming part of this agreement.
  10. The township agrees to identify all streets and roads in the fire area by having them clearly marked at all intersections.
  11. The township agrees to identify all bridges under township or other jurisdiction(s) in the fire area as to weight limits and advice of alternate routes for fire apparatus. Bridges identified, as being unable to carry the weight of the fire apparatus, shall be set out in Schedule "C" attached to and forming part of this agreement. Any such bridges, so identified, will either limit or exclude fire protection services where the use of any of these bridges is required by 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 an emergency and of the services provided by the fire department.
  13. The township warrants by-law(s) have been enacted authorizing the activities and responsibilities of the fire chief under the township emergency plan, as in Schedule "D" attached to and forming part of this agreement.
  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 of 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 and forming part of this agreement.
  16. Notwithstanding 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.
  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 that this agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendment(s) gives 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, including, but not limited to the interpretation of this agreement, the same shall be submitted to arbitration under the provisions of the Municipal Arbitrations Act, 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 Arbitrations Act, 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 Arbitrations Act or 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 and thereafter it shall be automatically renewed from 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 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 the twelve (12) month date, 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.
    IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers.
    SCHEDULE "A" FIRE AREA SECTION 2

    attached to and forming part of
    "A-Town" & "B-Township"
    Fire Protection Agreement
    Dated:        20,
    The following describes the fire area of the Township for the purposes of the fire protection services agreement between the Town and the Township.
    All of the Township of "B-Township", EXCEPT THE FOLLOWING:
    - all of lots 11 to 19 inclusive
    - the portions of lots 12 to 18 inclusive, fronting on Concession 3,
    - all of lots 1 to 6 inclusive, west of the Mitsibushi River.
    SCHEDULE "B" AVAILABLE WATER SECTION 9
    attached to and forming part of
    "A-Town" & "B-Township"
    fire protection agreement
    Dated: 20,
    The following map indicates the readily accessible static sources of water for fire fighting purposes in the fire area of the township.
    SCHEDULE "C" BRIDGES SECTION 11
    attached to and forming part of
    "A-Town" & "B-Township"
    fire protection agreement
    Dated: 20,
    The following lists bridges that will not support the weight of fire apparatus or have not provided an engineering report or similar acceptable document to indicate they will support the weight.
    SCHEDULE "D" APPOINTMENT OF FIRE CHIEF SECTION 13
    attached to and forming part of
    "A-Town" & "B-Township"
    fire protection agreement
    Dated: 20
    The following is the by-law of the Corporation of the Township of "B-Township" appointing a Fire Chief for the purposes of the Municipal Emergency Plan.
    SCHEDULE "E" SERVICE FEES SECTION 15
    attached to and forming part of
    "A-Town" & "B-Township"
    fire protection agreement
    Dated: 20,
    Fire protection services fees payable by the township to the town shall be calculated as follows:
    Note: This is intended only as one example of a method of appropriate costs.
  23. Total cost of fire protection shall be determined by the operating expenditures approved for the fire department, plus all capital costs and less any revenue generated by the fire department.
     
  24. The fire protection costs in Section 1 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.
     
  25. The total area served by the fire department shall include all of the Town of A-Town and the fire area in B-Township.
     
  26. The total assessment applicable to lands and buildings within the area served as set out in Section 3 above shall be determined by each of the municipalities as of January 1st each year. Such assessment shall be reported, in sufficient detail to identify the lands served, to the clerk-treasurer of A-Town not later than January 15th each year.
     
  27. The clerk-treasurer of A-Town will apply the assessment equalization factors currently in effect each year for the two municipalities.
     
  28. The said clerk-treasurer shall then calculate the percentage of assessment that each municipality bears to the total assessment of the combined area served. Such calculations shall extend to two decimal places.
     
  29. The said clerk-treasurer shall then calculate the percentage calculated in Section 6 hereof to the costs to be incurred for the current year as set out in Sections 1 and 2 hereof in order to determine the amount payable by B-Township.
     
  30. The said clerk-treasurer shall then report the outcome of the calculations thus provided to B-Township for inclusion in their annual budget on or before April 1st each year, for payment during that same taxation year. The details of the combined operating and capital budgets shall also be reported to B-Township at this same time.
     
  31. B-Township may upon request, review with A-Town calculations provided and the items included in current and capital budgets.
     
  32. In the event of disagreement as to the method of calculation or any other matters relative to the costs assessed against B-Township, the provisions of this agreement shall apply with respect to arbitration as set out in Section 19 of this agreement.
     
  33. The calculated cost of fire protection shall be due and payable to A-Town by B-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.

SCHEDULE "F" ASSOCIATED AGREEMENTS SECTION 5
attached and forming part of the
"A-Town" & "B-Township"
fire protection Agreement
Dated: 20,
Agreements with;
1st call - the Township of "C-Ville Fire Department",
2nd call the County, District or Regional Mutual Aid Plan
 

Codes, Standards and Best Practices:

Codes, Standards and Best Practices resources available to assist in establishing local policy on this assessment are listed below. All are available at http://www.mcscs.jus.gov.on.ca . Please feel free to copy and distribute this document. We ask that the document not be altered in any way, that the Office of the Fire Marshal be credited and that the documents be used for non-commercial purposes only.
See also PFSG
02-04-01 &
02-04-23 Capabilities of Existing Fire Protection Services
04-04-12 Automatic Aid
04-33-13 Community Emergency Plan Participation
04-01-12 Selecting Fire Suppression Capability
04-02-01 Service Delivery Considerations
04-05-12 Mutual Aid
04-12-13 Core Services
04-64-12 Communications Centre/Resource Centre