Agreement MUNICIPALITY of cowichan THIS AGREEMENT dated the 3rd day of Nlardl. 2009. BETWEEN: THE CORPORATION OF THE DISTRICT OF NORTH COWICHAN BOX 278, (7030 Trans Canada Highway) Duncan, B.C. V9L3X4 (hereinafter called the "DISTRICT") AND: PENELAKUT BAND COUNCIL BOX 360, Chemainus, B.C. V0R 1K0 (hereinafter called the "COUNCIL") RECITALS WHEREAS the Tsussie Indian Reserve No. 6 (hereinafter called the "RESERVE") is located outside of, but adjacent to, the municipal boundaries of the DISTRICT; and WHEREAS the DISTRICT and the COUNCIL have reached an agreement whereby the COUNCIL shall pay the DISTRICT for providing Firefighting Services to the COUNCIL; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of ONE DOLLAR ($1.00), now paid by the COUNCIL to the DISTRICT, the receipt and sufficiency of which is hereby acknowledged by the DISTRICT and in further consideration of the mutual covenants and conditions herein contained, the parties covenant and agree with one another as follows: DEFINITIONS 1. In this Agreement the following word or words: "BUILDING" means, a building, a mobile home, or a structure, whether occupied or not; "BUILDING FEE" means, the sum as set out in Schedule "A" attached hereto; "FIRE PREVENTION OFFICER" means, the DISTRICT'S Local Assistant Fire Commissioner, and includes the Fire Chief designated by the DISTRICT, or the Fire Chiefs designate; "FIREFIGHTING FEE" means, the BUILDING FEE multiplied by the number of BUILDINGS, existing on the LANDS on the last day of the previous month; and "LANDS" means the lands shown outlined in Schedule "B" attached hereto and includes anything within the boundaries of those lands, including all BUILDINGS, fixtures, chattels, vehicles and persons. -1-
APPLICATION 2. This agreement is applicable to all LANDS and BUILDINGS save and except those portions of the LANDS and those BUILDINGS leased from the COUNCIL or any members thereof which are used primarily for commercial or industrial purposes. COVENANTS OF THE DISTRICT 3. The DISTRICT shall provide Firefighting Services to the LANDS. 4. The DISTRICT shall ensure the LANDS are protected by any "mutual aid" agreement that the DISTRICT enters into with another municipality. 5. The DISTRICT shall bill the COUNCIL for the cost of these Firefighting Services in accordance with the payment provisions of this Agreement. 6. The DISTRICT shall keep the COUNCIL notified as to the location of the above designated firehall and the phone number to be used. 7. The DISTRICT shall keep the COUNCIL notified as to the identity of the FIRE PREVENTION OFFICER. COVENANTS OF THE COUNCIL 8. The COUNCIL shall supply the DISTRICT with a list of all BUILDINGS on the LANDS and their locations. The COUNCIL shall upon request from the DISTRICT guide the FIRE PREVENTION OFFICER on an inspection of the LANDS to confirm the location of all BUILDINGS on the LANDS. 9. The COUNCIL shall give the DISTRICT current, updated maps and any other information requested by the DISTRICT so as to enable the DISTRICT to identify the location of all existing streets, water distribution lines and fire hydrants. 10. The COUNCIL shall notify the DISTRICT of: (a) any inspection reports and orders that are issued to the occupants or owners of any BUILDINGS on the LANDS as they occur; (b) any new BUILDINGS which have been constructed, erected, or placed on the LANDS during the present month, by the fifth day of the following month; and (c) immediately notify the District in writing of any malfunctioning fire hydrants. 11. (1) The COUNCIL shall retain in its administration records: (a) copies of the plans of all existing BUILDINGS; (b) copies of those plans that have been approved for all proposed BUILDINGS; -2-
(c) copies of any plans that have been approved for all additions to existing BUILDINGS; (d) (e) copies of any inspection reports and orders that are issued to the occupants or owners of any BUILDINGS; and records of all fire hydrant maintenance and service completed in accordance with Section 12, on the LANDS. (2) The COUNCIL shall, upon request by the DISTRICT, allow the FIRE PREVENTION OFFICER to inspect these records. 12. The COUNCIL shall maintain and service all fire hydrants on the LANDS to those standards set out in the National Fire Protection Association's Practices and Guides, as updated from time to time, or to those standards which the DISTRICT dictates from time to time. The COUNCIL shall be responsible for the cost and expense incurred in this maintenance and servicing. 13. The COUNCIL shall take such steps as are necessary to ensure that the manufacture, storage, transportation, display and sale of high hazard fireworks as defined in the Canada Explosives Act and Regulations that take place on the LANDS shall conform to the Canada Explosives Act and Regulations, as amended from time to time, and to all applicable provincial enactments and regulations now in force or in force hereafter. 14. The COUNCIL shall at its sole cost and expense, ensure that publicity is given on the LANDS as to the location of the DISTRICT'S designated fire hall and the telephone number to be used, so that prompt notification can be given of the occurrence of a fire on the LANDS. PAYMENT 15. In consideration of the DISTRICT providing Firefighting Services for all BUILDINGS on the LANDS, the COUNCIL agrees to pay the FIREFIGHTING FEE to the DISTRICT by the tenth (10) day of each month following receipt of the invoice from the DISTRICT. 16. In consideration of the DISTRICT providing Firefighting Services for the remainder of the LANDS not included under Section 15, the COUNCIL agrees to pay all costs the DISTRICT incurs from fighting any fires including all brush fires and forest fires on the remainder of the LANDS. The DISTRICT shall from time to time, bill the COUNCIL by providing an itemized list of the costs for such fires, which the COUNCIL shall pay within fifteen (15) days of receiving the bill from the DISTRICT. TERM 17. The term of this Agreement shall be as set out in Schedule "A". -3-
STANDARD OF FIREFIGHTING SERVICES 18. Subject to the terms of this Agreement, in providing Firefighting Services to the COUNCIL, the DISTRICT shall, as far as it is practical, ensure that its fire-fighting equipment and support staff are available and on call to the LANDS at all times, and that such equipment and staff are dispatched to the scene of any fire on the LANDS. 19. The Firefighting Services provided by the DISTRICT shall consist solely of those services necessary to fight fires on the LANDS and shall not include counselling or inspections of any kind or any services normally provided by the Local Assistant Fire Commissioner for the DISTRICT. 20. All equipment and personnel deployed by each DISTRICT Fire Department in response to any request it receives to fight a fire or respond to a fire alarm on the LANDS shall be determined solely at the discretion of the officer in charge for the time being of that DISTRICT Fire Department. TERMINATION 21. Either the COUNCIL or the DISTRICT may terminate this Agreement by giving the other notice of its intention to terminate this Agreement at least six (6) months prior to the end of any year that this Agreement is in force and the Agreement shall terminate at the end of that year. 22. The DISTRICT at its sole and unqualified discretion, may forthwith terminate this Agreement by giving the COUNCIL notice of its intention to terminate this Agreement: (a) if conditions on the LANDS exist, which in the opinion of the FIRE PREVENTION OFFICER are hazardous to the delivery or maintenance of Firefighting Services on the LANDS and those conditions are not rectified by the COUNCIL after it has received reasonable notice of the hazards; or (b) if the COUNCIL defaults in the performance of any of its covenants pursuant to this Agreement and that default continues after the DISTRICT gives the COUNCIL notice to rectify that default within the time stipulated in the notice. SETTLEMENT OF DISPUTES 23 In the case of any dispute arising between the parties as to their respective rights and obligations under this Agreement, either party shall be entitled to give the other notice of such dispute and to request arbitration thereof; and the parties may, with respect to the particular matters then in dispute, agree to submit the same to arbitration in accordance with the applicable statutes of the Province of British Columbia. INDEMNITY 24 The COUNCIL agrees to release, absolve, save harmless and keep indemnified the DISTRICT and its officers, employees, officials, agents, servants and representatives from and against any suit, claim, loss, or damage of any nature or kind whatsoever, arising directly or indirectly or in connection with this Agreement, save and except where such suit, -4-
claim, loss, or damage was caused or occasioned by the negligence of the DISTRICT, its officers, employees, officials, agents, servants or representatives. FORCE MAJEURE 25. In the event that the DISTRICT shall be delayed, hindered in or prevented from the performance of any act required under this Agreement by reason of strikes, lockouts, labour disputes, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the DISTRICT, then performance of that act shall be excused for the period of the delay and the period for the performance of that act shall be extended for an equivalent period. TIME 26. Time shall be of the essence of this Agreement. NOTICES 27. (1) All payments, notices, claims and communications required or permitted to be given under this Agreement shall be in writing and shall be sufficiently delivered to a responsible officer of the party hereto to whom it is addressed or if mailed by prepaid registered mail, to the addresses set out in Schedule "A" and, if so mailed during regular mail service, shall be deemed to have been received five (5) days following the date of such mailing. (2) Either party may at any time give the other seven (7) days notice of a change of address for all payments, notices, claims and communications under this Agreement. ENTIRETY 28. This Agreement and the Schedules attached hereto embody the entire Agreement between the DISTRICT and the COUNCIL, and no understandings or agreements, oral or otherwise, exist between the DISTRICT and the COUNCIL, except as expressly set out in this Agreement. PRIOR AGREEMENTS 29. This Agreement supersedes any prior agreement between the parties relating to the provision of Firefighting Services, whether written or oral and any such prior agreements are cancelled as of the effective date of this Agreement but without prejudice to any rights which have already accrued to either of the parties. AMENDMENT 30. No change or modification of this Agreement is valid unless it is in writing and signed by the DISTRICT and the COUNCIL. -5-
ENUREMENT 31. This Agreement shall be binding on and enure to the benefit of the parties hereto, and their respective successors. ASSIGNMENT 32. Notwithstanding anything set forth to the contrary in this Agreement, the COUNCIL shall not assign this Agreement nor any interest in it. INTERPRETATION 33. (1) Words in the singular include the plural, and words in the plural include the singular. (2) Any term referring to a person includes an organization or corporation. 34. The captions or headings appearing in this Agreement are inserted for convenience of reference only, and shall not affect the construction hereof. IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered by: The Penelakut Band Council The Corporate Seal of the Corporation of the District of North Cowichan was hereunto affixed in the presence of: Tom A. Walker, Mayor Signature of Witness Mark O. Ruttan, Director of Administration Printed Name of Witness Address of Witness \J O f{ I fc -6-
SCHEDULE"A" TERM 1. The term of this Agreement shall be from 2009, to March 31, 2014, except as provided under this Agreement. PAYMENT 2. The BUILDING FEE shall be the following sum per month per BUILDING, effective 2009. 2009 to March 31, 2010: $9.50 per month per building ($114.00 per annum); 2010 to March 31, 2011: $9.70 per month per building ($116.40 per annum); 2011 to March 31, 2012: $9.90 per month per building ($118.80 per annum); 2012 to March 31, 2013: $10.10 per month per building ($121.20 per annum); 2013 to March 31, 2014: $10.30 per month per building ($123.60 per annum). NOTICES 3. To the DISTRICT: Box 278, Duncan, B.C. V9L 3X4 To the COUNCIL: Box 360, Chemainus, B.C., V0R 1K0-7-
SCHEDULE "B" "LANDS" -8-