Staff Report (Fire Rescue) - Technical Rescue Services Agreement

REGIONAL TOWER CRANE RESCUE SERVICES AGREEMENT

THIS Agreement is made as of the day of , 2021

BETWEEN:

THE CITY OF LANGFORD
877 Goldstream Avenue
Victoria BC V9B 2X8

(Hereinafter called “Langford”)

OF THE FIRST PART

AND:

THE CORPORATION OF THE CITY OF COLWOOD
3300 Wishart Road
Victoria, BC V9C 1R1

(Hereinafter called “Colwood”)

THE CORPORATION OF THE TOWNSHIP OF ESQUIMALT
1229 Esquimalt Road
Victoria, BC V9A 3P1

(Hereinafter called “Esquimalt”)

THE TOWN OF VIEW ROYAL
45 View Royal Avenue
Victoria, BC V9B 1A6

(Hereinafter called “View Royal”)

OF THE SECOND PART

WHEREAS Langford has established within their Fire Department specialized units to provide Tower Crane Rescue Services and those units are capable of servicing the Westshore Area;

AND WHEREAS Colwood, Esquimalt and View Royal (hereinafter collectively called the “Serviced Municipalities”) have requested Langford (hereinafter called the “Servicing Municipality”) to provide Tower Crane Rescue Services;

AND WHEREAS under the Community Charter a municipality may provide a service in another municipality provided it first obtains the consent of the Council of the Municipality;

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises exchanged herein, and for other good and valuable consideration, the parties agree as follows:

1.0 DEFINITIONS

1.1 In this Agreement:

(a) “Tower Crane” means a crane equipped with a boom mounted on a tower.

(b) “Tower Crane Rescue Service” means provision of emergency assistance to Tower Crane operations.

(C) “Services” means the services described in paragraph 3.1 of this Agreement.

2.0 TERM

2.1 This Agreement shall be for a term of five (5) years commencing May 1, 2021 and terminating on April 30, 2026 subject to earlier termination in accordance with this Agreement.

3.0 SERVICES

3.1 The Servicing Municipality agrees to provide, in accordance with the terms of this Agreement, the following service within the territorial boundaries of the Serviced Municipalities:

(a) Inspection of Tower Cranes and construction sites to establish Tower Crane rescue pre-plans;

(b) Tower Crane Rescue Services.

3.2 The Servicing Municipality will provide the Services to the same standards that the Servicing Municipality employs in performing the Services within its own jurisdiction, unless a variance of such standards is agreed upon in writing between the parties.

3.3 The Servicing Municipality will provide all equipment and personnel necessary for the provision of Services under this Agreement and will ensure that all personnel engaged in provision of the Services are qualified to provide Tower Crane Rescue Services.

3.4 Whenever one of the Serviced Municipalities requires Services to be provided under this Agreement it shall contact Langford and Langford shall provide the Service so long as it has the required staff and equipment available. If there is insufficient Langford staff and equipment available, Langford shall contact other agencies, at its discretion and subject to resources available, to either

(a) provide the necessary assistance and resources or Langford, or
(b) provide the Service directly to the Serviced Municipality requiring Service.

3.5 There shall be no cost to either the Servicing Municipality or the Serviced Municipalities for emergency aid resources except that the Serviced Municipalities shall reimburse the Servicing Municipality for the costs of any consumable items used at the incident or any equipment that is damaged beyond repair or destroyed as a result of the incident.

3.6 Serviced Municipalities shall promptly pay to the Servicing Municipality all charges invoiced under Section 3.5 of this agreement.

3.7 The Servicing Municipality shall submit annual reports to the Technical High Angle Rope Rescue Program (THARRP) for incidents and inspections performed in Serviced Municipalities jurisdiction to receive THARRP funding.

4.0 INDEMNITY

4.1 The Servicing Municipality agrees that it will indemnify and save harmless the Serviced Municipalities from and against any claims, suits, actions, causes of actions, costs, damages or expenses of any kind that arise or result from, or relate in any way to:

(a) the gross negligence of the Servicing Municipality or its employees, officers, elected officials, contractors, or agents in the provision of Services under this Agreement; or
(b) a breach of this Agreement by the Servicing Municipality.

4.2 The Serviced Municipalities agree that they will jointly and severally indemnify and save harmless Langford from and against any claims, suits actions, causes of actions, costs, damages or expenses of any kind that arrive or result from, or relate in any way to:

(a) the provision of Services under this Agreement, except if caused by the gross negligence or wilful misconduct of Langford, its officers, elected officials, or employees; or
(b) a breach of this Agreement by the Serviced Municipalities.

5.0 DEFAULT AND EARLY TERMINATION

5.1 If either party is in breach of this Agreement, and the breach is not corrected within 30 days after written notice of the breach is provided to that party, the party not in breach may terminate this Agreement.

5.2 By notice in writing delivered to each of the Serviced Municipalities not later than June 30th in any of the years 2022, 2023 and 2024, Langford may elect to terminate this Agreement for the remainder of the term, in which case the arrangements for Services provided hereunder shall be terminated effective January 1st of the subsequent calendar year.

5.3 By notice in writing delivered to the Servicing Municipality not later than June 30th in any of the years 2022, 2023, 2024 any one or more of Colwood, Esquimalt or View Royal may elect to withdraw from this Agreement for the remainder of the term and in such case the withdrawal shall be effective on January 1st of the subsequent calendar year and the Servicing Municipality’s obligations to provide any of the Services under this Agreement within the territorial area of the Serviced Municipality giving notice under this section 5.3 shall cease.

5.4 In the event funding for the regional tower crane rescue service from the Technical High Angle Rope Rescue Program and WorkSafe BC is reduced or discontinued, Langford may, by delivering notice in writing to the Serviced Municipalities, terminate the Agreement effective upon the date such funding is discontinued.

6.0 CONSENT

6.1 Colwood, Esquimalt and View Royal hereby consent to the provision of Services as provided under this Agreement by Langford within the respective jurisdictional boundaries of Colwood, Esquimalt and View Royal.

7.0 GENERAL PROVISIONS

7.1 Notice

It is hereby mutually agreed that any notice required to be given to be given under the Agreement will be deemed to be sufficiently given if:

(a) personally delivered, at the same time of delivery;
(b) by electronic mail to the electronic mail address set out in subsection (c) below; or
(c) mailed from any government post office in the Province of British Columbia by prepaid registered mail addressed as follows:

If to Langford:
2nd Floor 877 Goldstream Avenue
Victoria, BC V9B 2X8
Attention: Director of Corporate Services
Email:

If to Colwood:
3300 Wishart Road
Victoria, BC V9C 1R1
Attention: Municipal Clerk
Email:

If to Esquimalt:
1229 Esquimalt Road
Victoria, BC V9A 3P1
Attention: Corporate Administrator
Email:

If to View Royal:
45 View Royal Avenue
Victoria, BC V9B 1A6
Attention: Municipal Clerk
Email:

Unless otherwise specified herein, any notice required to be given under this Agreement by any party will be deemed to have been given if mailed by prepaid registered mail, or sent by electronic mail, or delivered to the address of the other parties set forth above or at such other addresses as the other parties may from time to time direct in writing, and any such notice will be deemed to have been received if mailed, 72 hours after the time of mailing if emailed prior to 4:00 pm upon the date of emailing or if after 4:00 p.m. then the next business day and, if delivered, upon the date of delivery. If normal mail service or electronic mail service is interrupted by strike, slow down, force majeure or other cause, then a notice sent by the impaired means of communication will not be deemed to be received until actually received, and the party sending the notice must utilize any other such service which has not been so interrupted or must deliver such notice in order to ensure prompt receipt thereof.

7.2 Time
Time is to be of the essence for this Agreement.

7.3 Binding Effect
This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, and permitted assignees.

7.4 Waiver
The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of the Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar.

7.5 Headings
Section and paragraph headings are inserted for identifications purposes only and do not form part of this Agreement.

7.6 Language
Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires.

7.7 Cumulative Remedies
No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity.

7.8 Law Applicable
This Agreement is to be construed in accordance with and government by the laws applicable in the Province of British Columbia.

7.9 Relationship of Parties
No provision of the Agreement shall be construed to create a partnership or joint venture relationship, and employer-employee relationship, and landlord-tenant or a principal-agent relationship.

7.10 Amendment
This Agreement may not be modified or amended except by the written agreement of the parties.

7.11 Integration
This Agreement contains the entire agreement and understanding of the parties with respect to the matters contemplated by this Agreement and supersedes all prior and contemporaneous agreements between them with respect to such matters.

7.12 Survival
All representation and warranties set forth in this Agreement and all provisions of this Agreement, the full performance of which is not required prior to a termination of this Agreement, shall survive any such termination and be fully enforceable thereafter.

7.13 Notice of Violations
Each party shall promptly notify the other party of any matter which is likely to continue to give rise to a violation of its obligations under this Agreement.

7.14 Settlement
The parties acknowledge that they have a common goal of providing public service and will attempt to settle any differences arising in the administration of this Agreement amicably through discussion in good faith with a view to providing quality public service at a reasonable cost.

7.15 Arbitration

(a) Disputes not capable of resolution through discussion under 7.14 shall be submitted to arbitration pursuant to the Arbitration Act, R.S.B.C 1995, C. 55, to a single arbitrator appointed jointly by the parties.
(b) No one shall be nominated to act as an arbitrator who is in any way financially interested in this Agreement or in the business affairs or either party.
(c) If the parties cannot agree on the choice of any arbitrator each party shall select a nominee and the nominees shall jointly appoint an arbitrator.
(d) The laws of the Province of British Columbia shall govern this Agreement any arbitration of litigation in respect hereof.
(e) The award of the arbitrator shall be final and binding upon the parties.

8.0 COUNTERPART CLAUSE

This Agreement may be signed in counterpart that

(a) have the same effect as if the parties had all signed the same documents;
(b) will be construed together to be an original document; and
(c) will constitute one and the same agreement.

IN WITNESS WHEREOF the parties hereto have set the hands and seals as of the day of the year first above written.

Executed by THE CORPORATION OF THE CITY OF COLWOOD
This day of , 2021

(Authorized Signatory placeholders)

Executed by THE CORPORATION OF THE TOWNSHIP OF ESQUIMALT
This day of , 2021

(Authorized Signatory placeholders)

Executed by THE TOWN OF VIEW ROYAL
This day of , 2021

(Authorized Signatory placeholders)

Executed by the THE CITY OF LANGFORD
This day of , 2021

(Authorized Signatory placeholders)

END OF DOCUMENT