STAFFREPORT. District of North Saanich. Date: November 19, Rob Buchan Chief Administrative Officer

Transcription

1 District of North Saanich STAFFREPORT To: Rob Buchan Chief Administrative Officer Date: November 19, 2013 From: Gary Wilton Director of Emergency Services File: Re: Fire Services Agreement Renewal - Victoria Airport Authority RECOMMENDATION: That Council approve the Supplemental Agreement, Amendment #1, dated October 23, 2013, to the Fire Services Agreement between the District of North Saanich and the Victoria Airport Authority. PURPOSE: The purpose of this Staff report is to seek Council's approval to renew the Fire Services Agreement between the District and Victoria Airport Authority. Paragraph 3 of the Agreement allowed for a further five (5) year renewal ending October 23, BACKGROUND: In the previous Agreement dated December 9, 2009, staff worked with the local airport fire services, Municipal Insurance Association (MIA) and the District's solicitors to amend the Fire Services Agreement from our previous one to reflect the actual services to be provided. Neither we nor the Airport Authority require any changes to the present Agreement. As Council is aware North Saanich is responsible for all structures on the Airport lands but the airport fire services is responsible for aircraft related incidents. This mutual aid agreement provides the airport fire services assistance from North Saanich with these aircraft related calls when needed. In return, the airport fire services provides North Saanich with assistance with aircraft incidents not in the airport's jurisdiction and other incidents like fuel spills, structure fires on or off the airport, vehicle fires etc. The Agreement provides authority and hability coverage to provide such services outside our jurisdiction. Sidney and Central Saanich have signed their own mutual aid agreements with the airport authority. Respectfully submitted, Concurrence: Director of Emergency Services Chief Administrative Officer

2 VICTORIA AIRPORT AUTHORITY SUPPLEMENTAL AGREEMENT AMENDING THE FOLLOWING DOCUMENT: Fire Services Agreement No. YYJL IU1165 (the "Agreement") AMENDMENTS: 1 dated October 23, 2013 EFFECTIVE DATE OF THIS AMENDMENT: October 24, 2013 AGREEMENT BETWEEN: VICTORIA AIRPORT AUTHORITY Victoria International Airport # Electra Blvd. Sidney, BC V8L 5V4 and DISTRICT OF NORTH SAANICH 1620 Mills Road North Saanich, B.C., V8L 5S9 THE PARTIES AGREE AS FOLLOWS: Pursuant to Paragraph 3 of the Agreement, the parties hereto agree to renew the Term of the Agreement for a further five (5) year period commencing on October 24, 2013 and ending October 23, All other conditions, covenants and provisos of the Agreement remain unchanged. IN WITNESS WHEREOF the parties have executed this Supplemental Agreement VICTORIA AIRPORT AUTHORITY: Authorized Signatory: Geoff Dickson, President and CEO Date DISTRICT OF NORTH SAANICH: Authorized Signatory Date

3 FIRE SERVICES AGREEMENT REFERENCE NO.: YYJL M165 DATE OF AGREEMENT: DECEMBER 9, 2009 BETWEEN: VICTORIA AIRPORT AUTHORITY AND DISTRICT OF NORTH SAANICH BEGINNING OF TERM: DECEMBER END OF TERM: OCTOBER Original Duplicate Original Copy

4 Fire Services Agreement This Agreement, dated for reference December 9, 2009 is BETWEEN: AND: WHEREAS: VICTORIA AIRPORT AUTHORITY Electra Boulevard North Saanich, B.C. V8L 5V4 ("Airport Authority") DISTRICT OF NORTH SAANICH 1640 Mills Road North Saanich, B.C. V8L 5S9 ("North Saanich") A. Both parties to this agreement operate a fire fighting and assistance response service; B. The parties consider that entering into an agreement for mutual aid can enhance their fire services; C. The parties have agreed upon terms and conditions under which North Saanich will provide certain emergency response services within the Victoria International Airport and the Airport Authority will assist North Saanich in relation to incidents outside and within the Victoria International Airport; D. The Airport Fire Service is responsible for all aircraft related incidents on the Airport properties; and E. The North Saanich Fire Department is responsible for all structure related incidents for the Airport properties within North Saanich; THEREFORE in consideration of the amount of $1.00 paid by each party to the other party, receipt and sufficiency of which is acknowledged, the parties agree as follows:

5 2 Definitions 1. In this agreement: "Aircraft Incident" means an emergency situation involving an aircraft and/or airport refueller, including an aircraft crash, fire, explosion, fuel spill or collision; "Airport" means that portion of the Victoria International Airport that is located within the security fence and within North Saanich Limits; "AFS" means the fire fighting and emergency response services operated by the Airport Authority; "Critical Rescue and Fire Fighting Access Areas" means the area that extends 1000 m beyond the ends of a runway and 150 m at 90 outwards from the centre line of the runway, including any part of that area outside the airport boundaries; (See attached map) "Cross Training" means instruction, information exchange and practical skills training provided by one party to the other; "Airport Jurisdiction" means Aircraft Incidents within the Airport or within designated flight paths to runway approaches as defined by the Critical Rescue and Fire Fighting Access Areas; "Incident" means, as the context requires, an Aircraft Incident or an Emergency; "NS Airport Jurisdiction" means the buildings, or fixed structures at the Airport for which North Saanich provides fire protection services, which for certainty may include airside or non-air side structures at the Airport; "Officer in charge" means the senior officer in attendance representing the fire department or fire fighting and emergency response service of a party; "Emergency" means an emergency situation or occurrence where there is a direct or potential threat to life, safety, property or the environment, including but not limited to a fire, explosion, fuel spill, collision or other emergency involving a building, structure, improvement, vegetation or vehicle, but excluding an Aircraft Incident; "NSFD" means the North Saanich Fire Department; "North Saanich Limits" means the municipal boundaries of the District of North Saanich; "Responding party" means the party providing assistance response under this agreement;

6 3 "Unified Incident Command" means the standardized approach to emergency and disaster site management as adopted by the British Columbia Interagency Emergency Response Management System (BCERMS). Term 2. Subject to section 4, this agreement shall be for a term of five (5) years from the date this Agreement is executed, with expiry on October 24, The parties may by mutual agreement in writing renew this Agreement for a further five (5) year term. 4. Either party may withdraw from this agreement by giving not less than sixty (60) days notice in wilting to the other party. Aircraft Incidents within Airnort Jurisdiction 5. The NSFD shall respond to a request from AFS to assist with Aircraft Incidents that occur within Airport Jurisdiction in accordance with the following terms and conditions: (a) (b) (c) (d) The NSFD officer in charge may in his/her sole discretion decline to respond to a request from AFS for assistance. If the NSFD responds, the NSFD shall provide assistance at the scene of the Aircraft Incident under the direction of the AFS officer in charge. In any case where NSFD provides an initial response to an Aircraft Incident, within Airport Jurisdiction, upon the arrival of AFS the NSFD officer in charge must brief the AFS officer in charge, transfer command and (subject to the terms of this Agreement) render assistance as requested by the AFS. The Airport Authority acknowledges that officers and members of NSFD may not be trained or experienced in responding to Aircraft Incidents at the Airport and that the duties performed by NSFD with respect to Aircraft Incidents may therefore be limited to duties such as one or more of the following: i. managing emergency vehicle staging areas in conjunction with the Airport Authority Representative; ii. iii. supplying water to the AFS vehicles; transferring fire fighting foam concentrate from the Airport's foam trailer;

7 4 iv. providing medical assistance to the injured; v. assisting in the preservation of personal effects of the injured; vi. assisting with the preservation of evidence; vii. assisting in a Unified Incident command system as required; viii. fire suppression via hand line operations; ix. assisting with aircraft evacuation; X. assisting with aircraft extrication operations; xi. assisting in containment and stabilization; xii. assisting with salvage and overhaul as required. (e) (f) The Airport Authority acknowledges that officers and members of NSFD may decline to perform any task for which the NSFD officer in charge considers they do not have adequate training, equipment or personnel. In the event of another Aircraft Incident or Emergency arising in the North Saanich Limits (or any other area or jurisdiction where the NSFD may be dispatched) while an Aircraft Incident within Airport Jurisdiction is underway, NSFD may withdraw any or all of its equipment or personnel from the incident at the Airport, at the discretion of the NSFD officer in charge. Emergencies at the Airnort in North Saanich Airoort Jurisdiction 6. The AFS shall respond to a request from NSFD to assist with Emergencies that occur within North Saanich Airport Jurisdiction subject to the following terms and conditions. (a) (b) (c) In any case where AFS provides an initial response to an Emergency that is within the North Saanich Airport Jurisdiction, upon the arrival of NSFD the AFS officer in charge must brief the NSFD officer in charge, transfer command and (subject to the terms of this Agreement) render assistance as requested by the NSFD. The AFS officer in charge may in his/her sole discretion decline to respond to a request from NSFD for assistance. If the AFS responds, the AFS shall provide assistance at the scene of the Emergency within the North Saanich Airport Jurisdiction under the direction of the NSFD officer in charge.

8 5 (d) (e) (f) The District acknowledges that in rendering assistance to NSFD at an emergency witliin the North Saanich Airport Jurisdiction, the officers and members of AFS may decline to perform any task for which the AFS officer in charge considers they do not have adequate training, equipment or personnel. In the event of another Aircraft Incident or Emergency arising within the AFS Limits (or any other area or jurisdiction where the AFS may be dispatched) while an Aircraft Incident or Emergency at the North Saanich Airport Jurisdiction is underway, AFS may withdraw any or all of its equipment or personnel from the incident at North Saanich Airport Jurisdiction, at the discretion of the AFS officer in charge. In any case where NSFD provides an initial response to an Emergency that is within the North Saanich Airport Jurisdiction, upon the arrival of AFS, the NSFD officer in charge must brief the AFS officer in charge and (subject to the terms of this Agreement) AFS will render assistance as requested by the NSFD. Aircraft Incidents and Emergencies Within North Saanich Limits 7. The AFS shall respond to a request from NSFD to assist with Emergencies and Aircraft Incidents that occur within North Saanich Limits, but outside the Airport, in accordance with the following conditions: (a) (b) (c) (d) (e) The AFS officer in charge may in his/her sole discretion decline to respond to a request from NSFD for assistance; If the AFS responds, it shall provide assistance at the scene of the Aircraft Incident or Emergency under the direction of the NSFD officer in charge; In any case where AFS provides an initial response to an Aircraft Incident or Emergency within North Saanich Limits, upon the arrival of NSFD the AFS officer in charge must brief the NSFD officer in charge and (subject to the terms of this Agreement) render assistance as requested by the NSFD. In the event of another Aircraft Incident or Emergency arising at the Airport while an Aircraft Incident or Incident is underway within North Saanich Limits, AFS may withdraw any or all of its equipment or personnel from the incident, at the discretion of the AFS senior officer in charge, For certainty, this section 7 applies to Emergencies and Aircraft Incidents that occur outside of the Airport and Airport Jurisdiction, and Emergencies and Aircraft Incidents within the Airport and Airport Jurisdiction shall remain subject to sections 5 and 6 of this Agreement.

9 6 Fees 8. A responding party who provides any type of assistance, aid, or "in house" training under this Agreement to the other party may not charge the recipient of said assistance with fees of any kind. Cross Training 9. At least once a year, the parties will conduct a Cross Training session, the content, location and details of which must be agreed to by both parties. Policies and Guidelines 10. Both parties shall jointly develop policies and guidelines that will provide direction for emergency responses, fnefighting procedures, activities and training provided under this Agreement. Release and Covenant Not to Sue 11. Each party to this agreement releases and covenants not to bring any action, suit, claim or proceedings of any kind against the responding party or the officers, employees, agents, volunteers, directors or Council members of that responding party, in respect of any act or omission by those persons in the provision of services under this agreement, excluding any intentional wrongdoing, gross negligence, or wilful or malicious conduct. Without limitation, this release includes any action, suit, claim or proceedings of any kind that arise from a decision by the responding party not to attend at an incident or to withdraw from an incident, as well as from negligent acts by the representatives of any responding party in attendance at any incident. Indemnity 12. Each party which requests services, training or responds under this agreement shall indemnify and save harmless the responding party or the other agencies regulated by either (PEMO, Sidney, Central Saanich) and the officers, employees, agents, volunteers, directors and Council members of the responding party, in respect of any action, suit, claim or proceeding of any kind by a person who is not a party to this agreement, in relation to any act or omission, excluding intentional wrongdoing, by one or more members of the responding party's fire department while engaged in providing services within, or on route to or from, the territorial area of the Airport or District of North Saanich, as the case may be, of the party who has requested services under this agreement. This indemnity also extends to a decision by the responding party not to attend at an incident or withdraw from an incident. Without limitation, amounts payable under this indemnity shall include all legal fees and disbursements, damage awards and costs incurred in defending such actions, suits, claims and proceedings.

10 7 Insurance 13. Each party shall include under its policy of liability insurance at all times while in this Agreement is in effect, coverage for each other party and their officers, employees, agents and volunteers, as additional named insureds with respect to any liability of a responding party for services provided to a requesting party under this Agreement. Such insurance shall be in an amount not less than $10 million per occurrence, with a maximum deductible amount of $10,000. A copy of the insurance certificate shall be delivered to each other party within seven (7) days of the date that this agreement is hilly executed. Notices 14. Any notice, direction, demand, approval, certificate or waiver (any of which constitute a "Notice") which may be or is required to be given under this Agreement must be in writing and be delivered by hand, sent by ExpressPost or other form of registered mail, or sent by facsimile transmission: to the District of North Saanich: 1620 Mills Road North Saanich, B.C. V8L 5S9 Fax Number: (250) Attention: Gary Wilton, Director of Emergency Services to Victoria Airport Authority: Box 201,1640 Electra Boulevard North Saanich, B.C. V8L 5V4 Fax Number: (250) Attention: President and Chief Executive Officer (CEO) or to such other address or facsimile number of which notice has been given as provided in this section. 15. Any Notice that is delivered by hand is to be considered given on the day it is delivered, any Notice sent by Express Post or other form of registered mail is to be considered given three (3) days after mailing, and any Notice sent by fax is to be considered given on the day it is sent, except that if, in any case, that day is not a business day, it is to be considered given on the next business day.

11 8 Corporate Proceedings 16. The Airport Authority represents and warrants to District of North Saanich that it has taken the necessary coiporate proceedings to authorize the entry of this agreement. Governing Law 17. This agreement shall be governed and interpreted in accordance with the laws of the Province of British Columbia. The Corporate Seal of DISTRICT OF NORTH SAANICH was hereunto affixed on 009 'in^he presence of: C/S y Corporate Administrator: The Coiporate Seal of VICTORIA AIRPORT AUTHORITY was hereunto affixed &yp^ gj?, 2009 in the presens C/S

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13 AON Insurance Brokers Risk Consultants To: The District of North Saanich 1620 Mills Road North Saanich, BC V8L 5S9 Certificate of Insurance Dated: January 4, 2010 ThiS is to Certify thclt J Insurance as described hereunder has been arranged on behalf of the Assured named herein and that such insurance, at the date hereof, is in full force and effect. Assured: VICTORIA AIRPORT AUTHORITY (et al - see below) Term: Annual t July 1, 2009 Effective: Payee: As per policy Expires: July 1,2010 UJ POLICY NUMBER AD (VIC) COMPANY The Subscribing Insurers SUM INSURED 1 00% 5 UJ -I I Interest Insured: AIRPORT OPERATIONS LIABILITY INSURANCE subject to $2, Bodily Injury and $5, Property Damage Deductible. IT IS HEREBY UNDERSTOOD AND AGREED THAT the following are added as Additional Insureds: District of North Saanich with respect to the legal liability of the Named Insured arising out of their operations with respect to the Mutual Aid Fire Services Agreement. 1 Sum Insured or Limits of Liability: o < CO. 8 Conditions: $500,000, Per Occurrence and Aggregate Products & Completed Operations As per Policy Terms and Conditions Q. The Insurance.described above is subject to (he limitations, exclusions and conditions contained In the policies. 1S03 Douglas Street, 6th Floor, Victoria, BC Canada VST 5C3 mh (250) fax: (250) toll free: VAA.certif5cates(l) Aon Reed Stenhouse Inc. X ujjuu>