POLICY REPORT EMERGENCY PREPAREDNESS Date: November 21, 1995 TO: Vancouver City Council FROM: General Manager of Fire and Rescue Services SUBJECT: Amendments to Mutual Aid Agreement RECOMMENDATION THAT Council approve the Mutual Aid Agreement for Emergencies, dated September 5, 1995, between the 21 member municipalities. COUNCIL POLICY There is no applicable Council policy PURPOSE To obtain Council approval for amendments of July 18, 1990 (Appendix A), to the Mutual Aid Agreement for Emergencies. BACKGROUND The Lower Mainland has had a Mutual Aid Agreement for emergencies in place since May 28, 1982. The custodian of this agreement is the G.V.R.D Fire Chief's Association of which there is a sub-committee which has the duty to continually review this document, accept and evaluate any changes, and to amend this agreement when necessary. DISCUSSION Substantial changes to the Mutual Aid Agreement are in paragraphs 7 and 8 (Appendix B, page 6). One of the concerns arising out of the agreement relates to liability arising where municipal staff are working outside either boundaries on behalf of another municipality. In the first stage, the municipality which is receiving the aid will indemnify and defend all participating municipalities; the second stage, if required, will assign liability between municipalities through arbitra-tion. No liability can arise through the failure to provide aid.The purpose of this process is to eliminate the potential for a claimant to play one municipality off against another either by suing a number of municipalities, or through one municipality "third partying" another in order to protect its position. Risk management staff and the lawyers representing these municipalities discussed the options in some depth, and concluded that it was highly desirable to avoid a lawsuit in which a municipality or its insurers, with in depth knowledge of fire procedures and the vents of the day, would advance evidence and arguments to demonstrate that another municipality should be found liable. The proposed procedure does have a potential downside in the costs of arbitration and increased legal costs. However, in most cases the arbitration stage of the agreement will not be invoked. The municipality which has received aid will simply defend and indemnify municipalities providing aid. Arbitra-tion will only be invoked where there is clearly an issue about the performance of one of the supporting municipalities, and the potential for a legal claim between the municipalities. This, of course,is precisely the situation which the agreement was designed to handle, so that the inter-municipal claim does not prejudice and complicate the defence against third parties. The municipal legal staff and outside legal advisors who reviewed the proposal believed that it was advantageous to the municipalities, and would be advantageous to their insurers when compared to allowing a dispute between municipalities to colour a liability suit by a private party against one or more municipalities. The substantial change to schedule "A" (Appendix B, page 9) is the addition of costs for specialized equipment Additional members participating in the Mutual Aid are: a) Anmore b) Belcarra c) Lions Bay d) Maple Ridge e) Pitt Meadows CONCLUSION The Mutual Aid Agreement has been reviewed by the Fire Chief's Association and each Municipal Manager/Administrator. As well, the Regional Administrator Advisory Committee (RAAC), at its meeting in September 6, 1995, endorsed the Mutual Aid Agreement and directed that it be forwarded to all member municipalities for the endorsement of Council. * * * * * APPENDICES APPENDIX A Existing Mutual Aid Agreement July 18, 1990 APPENDIX B Amendments to Mutual Aid Agreement for Emergencies - Added September 5, 1995 APPENDIX C Amendments to Mutual Aid Agreement * * * * * APPENDIX A Page 1 of 9 EXISTING MUTUAL AID AGREEMENT FOR EMERGENCIES JULY 18, 1990 APPENDIX A Page 2 of 9 THIS AGREEMENT made in sixteen copies, as of this __ day of______ BETWEEN: THE CORPORATION OF THE DISTRICT OF BURNABY a municipal corporation having its offices at 4949 Canada Way, Burnaby, B.C. V5G 1M2 OF THE FIRST PART AND: DISTRICT OF COQUITLAM a municipal corporation having its offices at 1111 Brunette Avenue, Coquitlam, B.C. V3K 1E9 OF THE SECOND PART AND: THE CORPORATION OF DELTA a municipal corporation having its offices at 4450 Clarence Taylor Crescent, Delta, B.C. V4K 1Z4 OF THE THIRD PART AND: CITY OF LANGLEY a municipal corporation having its offices at 5549 204th Street Langley, B.C. V3A 1Z4 OF THE FOURTH PART AND: THE CORPORATION OF THE TOWNSHIP OF LANGLEY a municipal corporation having its offices at 4914 221st Street, Langley, B.C. V3A 3Z8 OF THE FIFTH PART AND: THE CORPORATION OF THE CITY OF NEW WESTMINSTER a municipal corporation having its offices at 511 Royal Avenue, New Westminster, B.C. V3L 1H9 OF THE SIXTH PART AND: THE CORPORATION OF THE CITY OF NORTH VANCOUVER a municipal corporation having its offices at 141 West 14th Street, North Vancouver, B.C. V7M 1H9 OF THE SEVENTH PARTAPPENDIX A Page 3 of 9 AND: THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER a municipal corporation having its offices at 355 West Queens Road, North Vancouver, B.C. V7N 2K6 OF THE EIGHTH PART AND: THE CORPORATION OF THE CITY OF PORT COQUITLAM a municipal corporation having its offices at 2272 McAllister Avenue, Port Coquitlam, B.C. V3C 2A7 OF THE NINTH PART AND: CITY OF PORT MOODY a municipal corporation having its offices at 2425 St. John's Street, Port Moody, B.C. V3H 2B2 OF THE TENTH PART AND: THE CORPORATION OF THE TOWNSHIP OF RICHMOND a municipal corporation having its offices at 6911 No. 3 Road, Richmond, B.C. V6Y 2C1 OF THE ELEVENTH PART AND: THE CORPORATION OF THE DISTRICT OF SURREY a municipal corporation having its offices at 14245 - 56TH Avenue Surrey, B.C. V3W 1J2 OF THE TWELFTH PART AND: THE UNIVERSITY ENDOWMENT LANDS a municipal corporation having its offices at 5495 Chancellor Blvd. Vancouver, B.C. V6T 1E2 OF THE THIRTEENTH PART AND: THE CITY OF VANCOUVER a municipal corporation having its offices at 453 West 12th Avenue, Vancouver, B.C. V5Y 1V4 OF THE FOURTEENTH PART APPENDIX A Page 4 of 9 AND: THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER a municipal corporation having its offices at 750 - 17th Street, West Vancouver, B.C. V7V 3T3 OF THE FIFTEENTH PART AND: THE CORPORATION OF THE CITY OF WHITE ROCK 15322 Buena Vista, Box 188, White Rock, B.C. V4B 1C6 OF THE SIXTEENTH PART WHEREAS the Parties desire to enter into an agreement whereby emergency resources can be deployed to assist any Party during an emergency; NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the Parties agree as follows: 1. In this Agreement, unless the context otherwise requires, (a) "emergency" means any present or imminent calamity or sudden or violent disturbance that in the opinion of the Fire Chief cannot be brought under control by the use of the available local emergency resources and that requires prompt co- ordination of action or special regulation of person or property to protect the health, safety or welfare of people, or to limit property damage: (b) "emergency resources" means all persons, equipment an materials held by, in the service of, or directly available to the fire services of a Party: (c) "Fire Chief" means, for each party, the senior municipal employee responsible for the fire services of that Party or his delegate. 2. The procedure to be followed in requesting and rendering aid under this Agreement shall be governed by the following principles, namely: (1) A Fire Chief will attempt to fully utilize the emergency resources of his bordering Parties before requesting emergency resources from more distance Parties except where special equipment is not available from the bordering Parties. APPENDIX A Page 5 of 9 (2) Where a Fire Chief determines that an emergency exists, he shall request emergency resources from the appropriate Party. (3) A Fire Chief who receives a request for emergency resources for another Party shall determine the extent of and duration for which the emergency resources are available and thereupon such emergency resources, if any are available, shall be dispatched and utilized to control the emergency; but nothing in this Agreement shall be construed to require a Fire Chief to dispatch emergency resources that he does not consider are available. (4) The Officer-in-charge of emergency resources sent to assist in an emergency shall remain in charge of those resources and control and direct those resources in co-operation with the requesting Fire Chief. (5) When the emergency has been brought under control, the emergency resources last called shall be first released. 3. The Parties agree to consult on a regular basis through their Fire Chief on the best ways to achieve the optimum deployment of emergency resources to control emergencies. 4. When a Party provides emergency resources: (a) the party providing emergency resources may, within sixty days after so doing, render to the Party that render to the Party that requested emergency resources a correct account of the men and the cost of the service in accordance with the table of costs set out in Schedule A hereto; (b) the party that requested emergency resources shall pay the account within thirty days after receiving it. 5. Any Party may terminate its rights and responsibilities under this Agreement by giving to the City Clerk of other Parties, thirty days notice in writing of its intention to do so. 6. This agreement is not intended to interfere with or supersede any existing written agreements between the parties. APPENDIX A Page 6 of 9 7. Every Party requesting or accepting emergency resources under this Agreement shall be responsible for and indemnify the Party that provided the emergency resources for and against all claims, demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to any action taken or things done or maintained by virtue or in consequence there of and all such claims, demands, suits or actions shall be recover-able as a debt due to it from the other. 8. Notwithstanding Clause 7, no Party shall be responsible for or in any way liable with respect to any claims, demands, loss, costs, damages, actions, suits or other proceedings arising from or through the negligence of another party, its agents, servants or employees. 9. Notices or other communications under this Agreement shall be sufficiently given if delivered to a Fire Chief's office or mailed to the following: Fire Chief Fire Chief Burnaby Fire Dept. Coquitlam Fire Dept. 4867 Sperling Avenue 1300 Pinetree Way Burnaby, B.C. Coquitlam, B.C. V5E 2S9 V3C 3V4 Fire Chief Fire Chief Delta Fire Dept. City of Langley Fire Dept. 4645 Harvest Drive 5549 204th Street Delta, B.C. Langley, B.C. V4K 4J5 V3A 1Z4 Fire Chief Fire Chief Langley Township Fire Dept. New Westminster Fire Dept. 9580 - 208th Street 804 Royal Avenue Langley, B.C. New Westminster, B.C. V3A 4P4 V3M 1J8 Fire Chief Fire Chief North Vancouver City District of North Vancouver Fire Dept. Fire Dept. 165 East 13th Street 1110 Lynn Valley Road North Vancouver, B.C. North Vancouver, B.C. V7L 2L3 V7J 1Z9 Fire Chief Fire Chief Port Coquitlam Fire Dept. Port Moody Fire Dept. 2352 McAllister Avenue 200 Ioco Road Port Coquitlam, B.C. Port Moody, B.C. V3C 2B1 V3H 3J3 APPENDIX A Page 7 of 9 Fire Chief Fire Chief Richmond Fire Dept. Surrey Fire Dept. 6960 Gilbert Road 8767 132nd Street Richmond, B.C. Surrey, B.C. V7C 3V4 V3W 4P1 Fire Chief Fire Chief University Fire Dept. Vancouver Fire Dept. 2992 Wesbrook Mall 900 Heatley Street U.B.C. Campus Vancouver, B.C. Vancouver, B.C. V6A 3S7 V6T 2B7 Fire Chief Fire Chief West Vancouver Fire Dept. White Rock Fire Dept. 760 - 16th Street 1635 - 152nd Street West Vancouver, B.C. White Rock, B.C. V7V 3S1 V4A 4N3 10. In the case of any dispute arising between Parties as to their respective rights and obligations under this Agreement, a Party shall be entitled to give to another party 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 Commercial Arbitration Act, S.B.C., 1986. APPENDIX A Page 8 of 9 SCHEDULE "A" TABLE OF COSTS 1. The following charges should be in accordance with the labour contract of the party that supplies the resources and shall commence at the time the vehicles are dispatched and continue until returned to quarters. (a) Overtime or call-out time. (b) Repair or replacement costs for damage or loss of vehicles and related equipment attached or related thereto. (c) Repair or replacement cost for damage or loss of hand equipment, tools, appliances, electronic equipment, ladders, clothing, etc., and use of materials. APPENDIX A Page 9 of 9 IN WITNESS WHEREOF the Parties hereto have caused to be affixed their seals attested by the signatures of their respective officers duly authorized for such purpose. THE CORPORATE SEAL of the CORPORATION OF THE CITY OF NORTH VANCOUVER was hereunto affixed in the presence of _______________________ MAYOR _______________________ CLERK APPENDIX B Page 1 of 15 MUTUAL AID AGREEMENT FOR EMERGENCIES AMENDMENTS ADDED SEPTEMBER 5, 1995 APPENDIX B Page 2 of 15 THIS AGREEMENT made in twenty-one copies, as of this ____ day of __________ BETWEEN: THE VILLAGE OF ANMORE a municipal corporation having its offices at 2697 Sunnyside Road, R.R.#1, Anmore, B.C. V3H 3C8 OF THE FIRST PART AND: THE VILLAGE OF BELCARRA a municipal corporation having its offices at 4084 Bedwell Bay Road, Belcarra, B.C. V3H 4P8 OF THE SECOND PART AND: THE CORPORATION OF THE CITY OF BURNABY a municipal corporation having its offices at 4949 Canada Way, Burnaby, B.C. V5G 1M2 OF THE THIRD PART AND: THE CITY OF COQUITLAM a municipal corporation having its offices at 1111 Brunette Avenue, Coquitlam, B.C. V3K 1E9 OF THE FOURTH PART AND: THE CORPORATION OF DELTA a municipal corporation having its offices at 4450 Clarence Taylor Crescent, Delta, B.C. V4K 1Z4 OF THE FIFTH PART AND: THE CITY OF LANGLEY a municipal corporation having its offices at 5549 204th Street, Langley, B.C. V3A 1Z4 OF THE SIXTH PART AND: THE CORPORATION OF THE TOWNSHIP OF LANGLEY a municipal corporation having its offices at 4914 221st Street, Langley, B.C. V3A 3Z8 OF THE SEVENTH PART APPENDIX B Page 3 of 15 AND: THE VILLAGE OF LIONS BAY a municipal corporation having its offices at 400 Centre Rd., Lions Bay, B.C. VON 2EO OF THE EIGHTH PART AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE a municipal corporation having its offices at 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 OF THE NINTH PART AND: THE CORPORATION OF THE CITY OF NEW WESTMINSTER a municipal corporation having its offices at 511 Royal Avenue, New Westminster, B.C. V3L 1H9 OF THE TENTH PART AND: THE CORPORATION OF THE CITY OF NORTH VANCOUVER a municipal corporation having its offices at 141 West 14th Street, North Vancouver, B.C. V7M 1H9 OF THE ELEVENTH PART AND: THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER a municipal corporation having its offices at 355 West Queens Road, North Vancouver, B.C. V7N 2K6 OF THE TWELFTH PART AND: THE CORPORATION OF THE DISTRICT OF PITT MEADOWS a municipal corporation having its offices at 12007 Harris Road, B.C. V3Y 2B5 OF THE THIRTEENTH PART AND: THE CORPORATION OF THE CITY OF PORT COQUITLAM a municipal corporation having its offices at 2580 Shaughnessy Street, Port Coquitlam, B.C. V3C 2A8 OF THE FOURTEENTH PART APPENDIX B Page 4 of 15 AND: THE CITY OF PORT MOODY a municipal corporation having its offices at 2425 St. John's Street, Port Moody, B.C. V3H 2B2 OF THE FIFTEENTH PART AND: THE CITY OF RICHMOND a municipal corporation having its offices at 6911 No. 3 Road, Richmond, B.C. V6Y 2C1 OF THE SIXTEENTH PART AND: THE CITY OF SURREY a municipal corporation having its offices at 14245 - 56th Avenue, Surrey, B.C. V3W 1J2 OF THE SEVENTEENTH PART AND: THE UNIVERSITY ENDOWMENT LANDS Electoral Area "A" having its offices at 5495 Chancellor Boulevard, Vancouver, B.C. V6T 1E2 OF THE EIGHTEENTH PART AND: THE CITY OF VANCOUVER a municipal corporation having its offices at 453 West 12th Avenue, Vancouver, B.C. V5Y 1V4 OF THE NINETEENTH PART AND: THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER a municipal corporation having its offices at 750 - 17th Street, West Vancouver, B.C. V7V 3T3 OF THE TWENTIETH PART AND: THE CORPORATION OF THE CITY OF WHITE ROCK a municipal corporation having its offices at 15322 Buena Vista Avenue, White Rock, B.C. V4B 1Y6 OF THE TWENTY-FIRST PART APPENDIX B Page 5 of 15 WHEREAS the Parties desire to enter into an Agreement whereby emergency resources can be deployed to assist any Party during an emergency. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the Parties agree as follows: 1. In this Agreement, unless the context otherwise requires, A. "emergency" means any present or imminent calamity or sudden or violent disturbance that in the opinion of the Fire Chief cannot be brought under control by the use of the available local emergency resources and that requires prompt co-ordination of action or special regulation of persons or property to protect the health, safety or welfare of people, or to limit property damage; B. "emergency resources" means all persons, services, equipment and materials held by, or directly available to, the Fire Services of a Party; C. "Fire Chief" means, for each Party, the senior municipal employee responsible for the Fire Services of that Party or his delegate. 2. The procedure to be followed in requesting and rendering aid under this Agreement shall be governed by the following principles, namely: A. A Fire Chief will attempt to fully utilize the emergency resources of his bordering Parties before requesting emergency resources from more distance Parties except where special equipment is not available from the bordering Parties. B. Where a Fire Chief determines that an emergency exists, he shall request emergency resources from the appropriate Party. C. A Fire Chief who receives a request for emergency resources from another Party may determine the extent of and duration for which the emergency resources are available and thereupon such emergency resources, if any are available, shall be dispatched and utilized to control the emergency; but nothing in this Agreement shall be construed to require a Fire Chief to dispatch emergency resources. APPENDIX B Page 6 of 15 D. The Officer-in-Charge of emergency resources sent to assist in an emergency shall remain in charge of those resources and control and direct those resources in co-operation with the requesting Fire Chief. 3. The Parties agree to consult on a regular basis through their Fire Chief on the best ways to achieve the optimum deployment of emergency resources to control emergencies. 4. When a Party provides emergency resources: A. the Party providing emergency resources may, within sixty days after so doing, render to the Party that requested emergency resources a correct account of the men and the cost of the service in accordance with the table of costs set out in Schedule "A" hereto; B. the Party that requested emergency resources shall pay the account within thirty days after receiving it. 5. Any Party may terminate its rights and responsibilities under this Agreement by giving to the City Clerk of the other Parties, thirty days notice in writing of its intention to do so. 6. This Agreement is not intended to interfere with or supersede any existing written agreements between the parties. 7. Subject to paragraph 8, each party to this Agreement covenants and agrees that it will not initiate legal action or third party proceedings against any other party to this Agreement, based on provision or failure to provide emergency resources. In any action arising from the provision or failure to provide emergency resources, the municipality where the incident requiring emergency resources occurred, shall (a) defend the action on behalf of itself and any other parties to this Agreement who are defendants in the action, and (b) indemnify and save harmless the other parties for liabilities which may result. APPENDIX B Page 7 of 15 8. Any claims as between the Parties to this Agreement arising out of gross or willful negligence in the provision or failure to provide emergency resources or any dispute arising respecting a Party's rights or obligations shall be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre and shall be administered in accordance with its "Procedures for Cases under the BCIAC Rules". Provided the arbitrator in this procedure is satisfied that the dispute arises from gross or willful negligence, the arbitrator has jurisdiction to provide relief against the indemnity in paragraph 7 and may allocate responsibility among the Parties in whatever manner the arbitrator deems appropriate. For the purpose of Sections 7 and 8, "Party" includes any employee, contractor or volunteer of the Party. 9. Notices or other communications under this Agreement shall be sufficiently given if delivered to a Fire Chief personally or left at the Fire Chief's office or mailed to the following: Fire Chief Fire Chief The Village of Anmore Burnaby Fire Dept. and Belcarra 4867 Sperling Avenue Sasamat Fire Dept. Burnaby, B.C. V5E 2S9 2690 East Road Anmore, B.C. V3H 3C8 Fire Chief Fire Chief Coquitlam Fire/Rescue Delta Fire Dept. 1300 Pinetree Way 4645 Harvest Drive Coquitlam, B.C. V3B 7S4 Delta, B.C. V4K 4J5 Fire Chief Fire Chief Langley City Fire Langley Township Fire Dept. Rescue Service 9580 - 208th Street 5549 - 204th Street Langley, B.C. V3A 8G5 Langley, B.C. V3A 1Z4 APPENDIX B Page 8 of 15 Fire Chief Fire Chief Lions Bay Fire Dept. Maple Ridge Fire Dept. 410 Centre Road 11995 Haney Place Lions Bay, B.C. V0N 2E0 Maple Ridge, B.C. V2X 6A9 Fire Chief Fire Chief New Westminster Fire Dept. North Vancouver City Fire 804 Royal Avenue & Rescue New Westminster, B.C. V3M 1J8 165 East 13th Street North Vancouver, B.C. V7L 2L3 Fire Chief Fire Chief North Vancouver District Pitt Meadows Fire Dept. Fire Services 12007 Harris Road 1110 Lynn Valley Road Pitt Meadows, B.C. V3Y 2B5 North Vancouver, B.C. V7J 1Z9 Fire Chief Fire Chief Port Coquitlam Fire/Rescue Port Moody Fire Dept. 1725 Broadway Street 200 Ioco Road Port Coquitlam, B.C. V3C 2M9 Port Moody, B.C. V3H 3J3 Fire Chief Fire Chief Richmond Fire/Rescue Surrey Fire Dept. 6960 Gilbert Road 8767 - 132nd Street Richmond, B.C. V7C 3V4 Surrey, B.C. V3W 4P1 Fire Chief Fire Chief University Fire Dept. Vancouver Fire Dept. 2992 Wesbrook Mall 900 Heatley Street UBC Campus Vancouver, B.C. V6A 3S7 Vancouver, B.C. V6T 2B7 Fire Chief Fire Chief West Vancouver Fire Dept. White Rock Fire Dept. 760 - 16th Street 15315 Pacific Avenue West Vancouver, B.C. V7V 3S1 White Rock, B.C. V4B 1R1 APPENDIX B Page 9 of 15 SCHEDULE "A" TABLE OF COSTS 1. The following charges should be in accordance with the labour contract of the Party that supplies the resources and shall commence at the time the vehicles are dispatched and continue until returned to quarters. (a) Overtime or call-out time. (b) Repair or replacement costs for damage to or loss of vehicles and related equipment not covered by insurance. (c) Repair or replacement costs for damage or loss of hand equipment, tools, appliances, electronic equipment, ladders, clothing, etc., and use of materials. (d) Rental for specialized equipment: Equipment Costs 1. Air vehicle $ 450.00 per hour 2. Dangerous goods vehicle $ 450.00 per hour 3. Fireboats $1100.00 per hour per vessel, minimum 3 hours, to a maximum rate of $3300.00 per h o u r , f o r a l l vessels. 4. Pumpers $ 500.00 per hour 5. Aerial Device $1100.00 per hour 6. Tankers $ 450.00 per hour 7. Rescue vehicles $ 450.00 per hour 8. High angle rescue equip. $ 400.00 per hour APPENDIX B Page 10 of 15 10. It is agreed by all Parties that Schedule "A" costs may be adjusted from time to time by the G.V.R.D. Fire Chiefs' to reasonably reflect current costs. IN WITNESS WHEREOF the Parties hereto have caused to be affixed their seals attested by the signatures of their respective officers duly authorized for such purpose. THE CORPORATE SEAL of the VILLAGE OF ANMORE was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the VILLAGE OF BELCARRA was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF BURNABY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX B Page 11 of 15 THE CORPORATE SEAL of the DISTRICT OF COQUITLAM was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF DELTA was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CITY OF LANGLEY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE TOWNSHIP OF LANGLEY was here unto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX B Page 12 of 15 THE CORPORATE SEAL of the VILLAGE OF LIONS BAY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF NEW WESTMINSTER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX B Page 13 of 15 THE CORPORATE SEAL of the CORPORATION OF THE CITY OF NORTH VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF NORTH VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF PITT MEADOWS was hereunto affixed in the presence of _____________________________ MAYOR _____________________________ CLERK APPENDIX B Page 14 of 15 THE CORPORATE SEAL of the CORPORATION OF THE CITY OF PORT COQUITLAM was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CITY OF PORT MOODY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CITY OF RICHMOND was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF SURREY was hereunto affixed in the presence of __________________________ MAYOR _____________________________ CLERK APPENDIX B Page 15 of 15 THE CORPORATE SEAL of the UNIVERSITY ENDOWMENT LANDS was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CITY OF VANCOUVER was hereunto affixed in the presence of _____________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF WEST VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF WHITE ROCK was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX C Page 1 of 13 AMENDMENTS TO MUTUAL AID AGREEMENT APPENDIX C Page 2 of 13 AMENDMENTS TO MUTUAL AID AGREEMENT THIS AGREEMENT made in twenty-one copies, as of this ___ day of ________ BETWEEN: THE VILLAGE OF ANMORE a municipal corporation having its offices at 2697 Sunnyside Road, R.R. #1, Anmore, B.C. V3H 3C8 OF THE FIRST PART AND: THE VILLAGE OF BELCARRA a municipal corporation having its offices at 4084 Bedwell Bay Road, Belcarra, B.C. V3H 4P8 OF THE SECOND PART AND: THE CORPORATION OF THE CITY OF BURNABY a municipal corporation having its offices at 4949 Canada Way, Burnaby, B.C. V5G 1M2 OF THE THIRD PART AND: THE CITY OF COQUITLAM a municipal corporation having its offices at 1111 Brunette Avenue, Coquitlam, B.C. V3K 1E9 OF THE FOURTH PART AND: THE CORPORATION OF DELTA a municipal corporation having its offices at 4450 Clarence Taylor Crescent, Delta, B.C. V4K 1Z4 OF THE FIFTH PART AND: THE CITY OF LANGLEY a municipal corporation having its offices at 5549 204th Street, Langley, B.C. V3A 1Z4 OF THE SIXTH PART AND: THE CORPORATION OF THE TOWNSHIP OF LANGLEY a municipal corporation having its offices at 4914 221st Street, Langley, BC V3A 3Z8 OF THE SEVENTH PART APPENDIX C Page 3 of 13 AND: THE VILLAGE OF LIONS BAY a municipal corporation having its offices at 400 Centre Road, Lions Bay, B.C. VON 2EO OF THE EIGHTH PART AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE a municipal corporation having its offices at 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 OF THE NINTH PART AND: THE CORPORATION OF THE CITY OF NEW WESTMINSTER a municipal corporation having its offices at 511 Royal Avenue, New Westminster, B.C. V3L 1H9 OF THE TENTH PART AND: THE CORPORATION OF THE CITY OF NORTH VANCOUVER a municipal corporation having its offices at 141 West 14th Street, North Vancouver, B.C. V7M 1H9 OF THE ELEVENTH PART AND: THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER a municipal corporation having its offices at 355 West Queens Road, North Vancouver, B.C. V7N 2K6 OF THE TWELFTH PART AND: THE CORPORATION OF THE DISTRICT OF PITT MEADOWS a municipal corporation having its offices at 12007 Harris Road, B.C. V3Y 2B5 OF THE THIRTEENTH PART AND: THE CORPORATION OF THE CITY OF PORT COQUITLAM a municipal corporation having its offices at 2580 Shaughnessy Street, Port Coquitlam, B.C. V3C 2A8 OF THE FOURTEENTH PART APPENDIX C Page 4 of 13 AND: THE CITY OF PORT MOODY a municipal corporation having its offices at 2425 St. John's Street, Port Moody, B.C. V3H 2B2 OF THE FIFTEENTH PART AND: THE CITY OF RICHMOND a municipal corporation having its offices at 6911 No. 3 Road, Richmond, B.C. V6Y 2C1 OF THE SIXTEENTH PART AND: THE CITY OF SURREY a municipal corporation having its offices at 14245 - 56th Avenue, Surrey, B.C. V3W 1J2 OF THE SEVENTEENTH PART AND: THE UNIVERSITY ENDOWMENT LANDS Electoral Area "A" having its offices at 5495 Chancellor Boulevard, Vancouver, B.C. V6T 1E2 OF THE EIGHTEENTH PART AND: THE CITY OF VANCOUVER a municipal corporation having its offices at 453 West 12th Avenue, Vancouver, B.C. V5Y 1V4 OF THE NINETEENTH PART AND: THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER a municipal corporation having its offices at 750 - 17th Street, West Vancouver, B.C. V7V 3T3 OF THE TWENTIETH PART AND: THE CORPORATION OF THE CITY OF WHITE ROCK a municipal corporation having its offices at 15322 Buena Vista Avenue, White Rock, B.C. V4B 1Y6 OF THE TWENTY-FIRST PART APPENDIX C Page 5 of 13 WHEREAS A. The Parties entered into an agreement (the "Mutual Aid Agreement") determining how emergency resources can be deployed to assist any Party during an emergency; and B. The Parties wish to amend the Mutual Aid Agreement to reflect certain changes in the Parties relations. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the Parties agree as follows: 1. Unless otherwise expressly provided in this Agreement, all words and expressions in this Agreement and the recitals to it have the meanings given to them in the Mutual Aid Agreement. 2. The Mutual Aid Agreement is amended by: (a) Adding five parties to this Agreement. The Village of Anmore The Village of Belcarra The Village of Lions Bay The Corporation of the District of Maple Ridge The Corporation of the District of Pitt Meadows (b) Adding a phrase to the end of paragraph 1.(b) so that the paragraph now reads: "emergency resources" means all persons, services, equipment and materials held by, or directly available to, the Fire Services of a Party. (c) Changing paragraph 2 subsections 1,2,3,4,5 numeric to read paragraph 2 subsections a,b,c,d,e alphabetic to be consistent with the rest of the document. (d) Changing the word "shall" to "may" in paragraph 2.(3) and deleting the last part of 2.(3) so that the paragraph now reads: A Fire Chief who receives a request for emergency resources from another Party may determine the extent of and duration for which the emergency resources are available and thereupon such emergency resources, if any are available, shall be dispatched and utilized to control the emergency; but nothing in this Agreement shall be construed to require a Fire Chief to dispatch emergency resources. (e) Deleting paragraph 2.(5) in its entirety. APPENDIX C Page 6 of 13 (f) Replacing paragraphs 7 and 8 with the following: 7. Subject to paragraph 8, each party to this Agreement covenants and agrees that it will not initiate legal action or third party proceedings against any other party to this Agreement, based on provision or failure to provide emergency resources. In any action arising from the provision or failure to provide emergency resources, the municipality where the incident requiring emergency resources occurred, shall (a) defend the action on behalf of itself and any other parties to this Agreement who are defendants in the action, and (b) indemnify and save harmless the other parties for liabilities which may result. 8. Any claims as between the Parties to this Agreement arising out of gross or willful negligence in the provision or failure to provide emergency resources or any dispute arising respecting a Party's rights or obligations shall be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre and shall be administered in accordance with its "Procedures for Cases under the BCIAC Rules". Provided the arbitrator in this procedure is satisfied that the dispute arises from gross or willful negligence, the arbitrator has jurisdiction to provide relief against the indemnity in paragraph 7 and may allocate responsibility among the Parties in whatever manner the arbitrator deems appro- priate. (g) At the end of paragraph 8 there should be added an unnumbered paragraph which states: For the purposes of section 7 and 8 "Party" includes any employee, contractor, or volunteer of the Party. (h) Four additional Fire Chief's to be added to paragraph 9. Fire Chief Sasamat Fire Department for The Village of Anmore and The Village of Belcarra APPENDIX C Page 7 of 13 Fire Chief The Village of Lions Bay Fire Chief The Corporation of the District of Maple Ridge Fire Chief The Corporation of the District of Pitt Meadows (i) Addition of "Section D" to Schedule "A": Rental for specialized equipment: Equipment Costs 1. Air vehicle $ 450.00 per hour 2. Dangerous goods vehicle $ 450.00 per hour 3. Fireboats $1100.00 per hour per vessel, minimum 3 hours, to a maximum rate of $3300.00 per hour, for all vessels. 4. Pumpers $ 500.00 per hour 5. Aerial Device $1100.00 per hour 6. Tankers $ 450.00 per hour 7. Rescue vehicles $ 450.00 per hour 8. High angle rescue equip. $ 400.00 per hour (j) Replacing paragraph 10 with the following: It is agreed by all Parties that Schedule "A" costs may be adjusted from time to time by the G.V.R.D. Fire Chiefs to reasonably reflect current costs. 3. This Agreement and the amendments to the Mutual Aid Agreement which it affects are effective from and after the last Party executing the Agreement. The Parties agree that the Mutual Aid Agreement continues in force unamended except as provided in this Agreement. 4. This Agreement is the entire Agreement between the Parties regarding its subject and it can be changed only in a document executed by both of them. APPENDIX C Page 8 of 13 IN WITNESS WHEREOF the Parties hereto have caused to be affixed their seals attested by the signatures of their respective officers duly authorized for such purpose. THE CORPORATE SEAL of the VILLAGE OF ANMORE was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the VILLAGE OF BELCARRA was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF BURNABY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX C Page 9 of 13 THE CORPORATE SEAL of the DISTRICT OF COQUITLAM was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF DELTA was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CITY OF LANGLEY was hereunto affixed in the presence of ______________________________ MAYOR _____________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE TOWNSHIP OF LANGLEY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX C Page 10 of 13 THE CORPORATE SEAL of the VILLAGE OF LIONS BAY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF NEW WESTMINSTER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF NORTH VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX C Page 11 of 13 THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF NORTH VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF PITT MEADOWS was hereunto affixed in the presence of _____________________________ MAYOR _____________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF PORT COQUITLAM was hereunto affixed in the presence of _____________________________ MAYOR _____________________________ CLERK THE CORPORATE SEAL of the CITY OF PORT MOODY was hereunto affixed in the presence of ______________________________ MAYOR _____________________________ CLERK APPENDIX C Page 12 of 13 THE CORPORATE SEAL of the CITY OF RICHMOND was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF SURREY was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the UNIVERSITY ENDOWMENT LANDS was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK APPENDIX C Page 13 of 13 THE CORPORATE SEAL of the CITY OF VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE DISTRICT OF WEST VANCOUVER was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK THE CORPORATE SEAL of the CORPORATION OF THE CITY OF WHITE ROCK was hereunto affixed in the presence of ______________________________ MAYOR ______________________________ CLERK