Document 1
DRAFT/ PREPARED ON AUGUST 14, 2006
A MEMORANDUM OF UNDERSTANDING MADE
AS OF JANUARY 1, 2007, TO ESTABLISH AND OPERATE A LEVEL 3 PROVINCIAL CBRNE/
HAZMAT TEAM
between
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL
SERVICES (the “Minister”)
- and
CITY OF OTTAWA (the “City”)
WHEREAS:
· Both the Minister and the City desire there to
be a trained, multi-disciplinary Level 3 Provincial CBRNE/ HAZMAT Team located
in the City, and available to respond to large-scale or complex natural, or
human-caused chemical, biological, radiological, nuclear and explosive
emergencies in the area specified in the CBRNE / Hazmat Operating Manual, 2007,
and possibly elsewhere in the Province;
· The Level 3 Provincial CBRNE/ HAZMAT Team will
operate under the auspices of the Fire Services Branch of the City;
· The Office of the Fire Marshal and Emergency
Management Ontario are part of the Ministry of Community Safety and
Correctional Services, and will provide training, direction, and coordinate the
use of the Level 3 Provincial CBRNE/ HAZMAT Team as set out herein;
NOW THEREFORE the Parties agree as follows:
ARTICLE 1: DEFINITIONS AND INTERPRETATION
1.1 Definitions – In this Memorandum of
Understanding:
“CBRNE/ HAZMAT Operating Manual,
2007” is a manual of operating procedures concerning the use of the Level 3
Provincial CBRNE/ HAZMAT Team, as it may be amended from time to time;
"Emergency" has the
same meaning as in the Emergency Management Act or any successor legislation;
“EMO” means Emergency Management Ontario;
“Level 3 Provincial CBRNE/ HAZMAT Team” means a team of up to eighteen
(18) emergency responders, consisting of up to twelve (12) employed as fire
fighters, up to four (4) employed as police officers, and up to two (2)
employed in providing emergency medical services, all of whom are employed by,
and based in the City, with a knowledge and capacity to respond to large-scale
or complex natural or human-caused chemical, biological, radiological, nuclear,
and explosive-based emergencies, in accordance with the National Fire
Protection Association Standard 472 (Professional Competence of Responders to
Hazardous Materials Incidents – 2002 Edition) or newer versions if agreed to by
the Parties;
“Municipality” means a geographic area whose inhabitants are incorporated;
“OFM” means Office of the Fire Marshal;
“Party” means the City, or the Minister (which includes the EMO and the OFM), and Parties shall mean both of them; and,
“Unorganized Territory” means a
geographic area without municipal organization.
1.2 Headings – The headings in this
Memorandum of Understanding are for convenience only and in no manner modify,
interpret or construe this Memorandum of Understanding.
1.3 Ministry – A reference to the Minister or the Ministry in
this Memorandum of Understanding shall include both the EMO and the OFM, unless
otherwise specified.
1.4 Supplementary MOUs- Subject to section
1.5 herein (Conflict/ Other Uses of the Level 3 Provincial CBRNE/ HAZMAT Team),
this Memorandum of Understanding shall not prevent the City from entering into
agreements with other Municipalities authorizing the use of the Level 3
Provincial CBRNE/ HAZMAT Team in those Municipalities, as the case may be. The
Minister shall not be responsible for paying any costs, where the City has
contracted or made arrangements allowing for the use of the Level 3 Provincial
CBRNE/ HAZMAT Team in another Municipality.
1.5 Conflict/ Other Uses of the Level 3
Provincial CBRNE/ HAZMAT Team – Subject to sections 3.3 and 3.5 herein, the Minister shall have priority
in being able to direct the use of the Level 3 Provincial CBRNE/ HAZMAT Team,
including being able to redirect its use, where the Level 3 Provincial CBRNE/
HAZMAT Team is already being used outside the City.
1.6 Conflict / Schedule and Operating Manual – Subject to section 5.6 herein (Grant
Application), in the event of a conflict between the body of this Memorandum of
Understanding and Schedules “A”, “B” or the CBRNE/ HAZMAT Operating Manual,
2007, the body of this Memorandum of Understanding shall apply to the extent of
the conflict.
1.7 Severability - If any term of this Memorandum of Understanding shall be held to be illegal, invalid, unenforceable, null, void or inoperative by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
1.8 Entire Agreement - This Memorandum of Understanding, including Schedules “A”, and “B” constitutes the entire agreement of the Parties, with respect to the establishment and operation of the Level 3 Provincial CBRNE/ HAZMAT Team, training and related services, as defined hereunder and supersedes any previous agreement whether written or verbal.
2.0
NOTICES
2.1 Notice - Any notice required pursuant to this Memorandum of Understanding shall be in
writing and delivered personally, sent by facsimile transmission or by registered mail to the contact persons at the following addresses:
To the City:
[insert contact details here]
To the OFM:
Chief of Emergency Management and Response
Office of the Fire Marshal
1495 Muskoka Road North
Gravenhurst, Ontario P1P 1W5
Tel: 705 687-2294 Fax 705 687-8636
To the EMO:
Deputy Chief, Emergency Management Ontario
Ferguson Block 77 Wellesley St. W. PO Box 222 Toronto ON M7A 1N3
Tel: 416 314 8622 Fax 416 314 3758 [Please confirm this contact information remains correct]
2.2
Notification
of Change – Each
Party shall provide the other Party with written
notification of any changes to the address or contact information for a
Party contained in section 2.1 herein (Notice).
ARTICLE 3: ACTIVATING
USE OF LEVEL 3 PROVINCIAL CBRNE/ HAZMAT TEAM
3.1 Requests for Use of Level 3 Provincial
CBRNE/ HAZMAT Team – Subject
to section 3.2 herein (Requests for Use of Level 3 Provincial CBRNE/ HAZMAT
Team / Unorganized Territory), all requests for the use of the Level 3
Provincial CBRNE/ HAZMAT Team pursuant to this Memorandum of Understanding
shall be made only upon an Emergency being or about to be declared by either
the Premier of Ontario or by a Municipality, as authorized by the Emergency
Management Act or any successor legislation. All requests for the use of the
Level 3 Provincial CBRNE/ HAZMAT Team shall be made to the Minister. Only
authorized officials of a Municipality may make a request for the use of the
Level 3 Provincial CBRNE/ HAZMAT Team on behalf of their Municipality.
3.2 Requests for Use of Level 3 Provincial
CBRNE/ HAZMAT Team / Unorganized Territory – The Minister shall request, and direct the use
of a Level 3 Provincial CBRNE/ HAZMAT Team in an Unorganized Territory. An
Emergency does not have to be declared in an Unorganized Territory for a
request or direction to be made by the Minister for the use of a Level 3
Provincial CBRNE/ HAZMAT Team.
3.3 Decision to use Level 3 Provincial CBRNE/
HAZMAT Team – The
Minister shall consider the following in directing the use of the Level 3
Provincial CBRNE/ HAZMAT Team pursuant
to this Memorandum of Understanding:
a) Whether all available resources in the Municipality or Unorganized
Territory are being used;
b) Whether officials in the Municipality or Unorganized Territory have
attempted to request assistance pursuant to a mutual aid agreement or
arrangement; and
c) The impact the use of the Level 3 Provincial CBRNE/ HAZMAT Team could
have on the safety of the residents of the City.
3.4 Authority of Minister– The Minister may, in
ordering the use of the Level 3 Provincial CBRNE/ HAZMAT Team:
a) Order the use of part or all of the Level 3 Provincial CBRNE/ HAZMAT
Team;
b) Direct the use of the Level 3 Provincial CBRNE/ HAZMAT Team anywhere
in the area specified in the CBRNE/ HAZMAT Operating Manual, 2007, or elsewhere
in the Province, and for any length of time;
c) Direct whom the Level 3 Provincial CBRNE/ HAZMAT Team is to report to
at the scene of the Emergency or non-emergency incident if in an Unorganized
Territory; or
d) Direct the Level 3 Provincial CBRNE/ HAZMAT Team to respond to any
Emergency or non-emergency incident if in an Unorganized Territory;
and any orders may be made orally or in writing, but where it is
practical to do so, the order shall be in writing and sent by fax transmission
to the City.
3.5 Consultation with City – The Minister shall make best
efforts, where practical, to consult with the City prior to ordering the use of
the Level 3 Provincial CBRNE/ HAZMAT Team and shall have regard to any
competing needs of the City.
3.6 Notification by City – The City shall notify the Minister
of any facts that may assist the Minister in making a decision about ordering
the use of the Level 3 Provincial CBRNE/ HAZMAT Team.
3.7 Employment Relationship – Members of the Level 3 Provincial CBRNE/ HAZMAT Team shall, for the
purpose of this Memorandum of Understanding, at all times and for all purposes
be employees of the City, except where otherwise prescribed by law. The City
shall be solely responsible for ensuring that members of the Level 3 Provincial
CBRNE/ HAZMAT Team comply with this Memorandum of Understanding, the CBRNE/ HAZMAT Operating Manual,
2007, and any other directives or policies issued by the Minister.
3.8 Laws – The City warrants that the Level 3 Provincial
CBRNE/ HAZMAT Team shall operate in compliance with all federal,
provincial or municipal laws or regulations, and the CBRNE/ HAZMAT Operating
Manual, 2007.
ARTICLE 4: TRAINING
4.1 Training – Subject to section 4.2 (OFM) herein, the
City shall be responsible for providing members of the Level 3 Provincial
CBRNE/ HAZMAT Team with the training required for a Level 3 Provincial CBRNE/
HAZMAT Team, including in the use of all equipment.
4.2 OFM – The OFM shall provide training to members of
the Level 3 Provincial CBRNE/ HAZMAT Team when the OFM deems it necessary,
including an annual CBRNE training or exercise at the Ontario Fire College or
at another location agreed to by the Parties. The OFM shall also ensure that
sufficient training allocations or placements are provided to all members of
the Level 3 Provincial CBRNE/ HAZMAT Team of the City required by the OFM to
participate in such training or exercise referenced herein. The City shall be
required to ensure that all members of the Level 3 Provincial CBRNE/ HAZMAT
Team required by the OFM participate in all training offered by the OFM,
including the annual training or exercise referenced herein.
ARTICLE 5:
PAYMENT
5.1 Payment of Costs – The Minister shall pay the City for
all costs associated with the use of the Level 3 Provincial CBRNE/ HAZMAT Team
as set out in Schedule “A”, where the Level 3 Provincial CBRNE/ HAZMAT Team has
been ordered to be used by the Minister, and where the costs have been approved
by the OFM.
5.2 No Liability – The Minister shall not be liable for any costs not
authorized herein, and not approved by the OFM. The Minister shall not be
liable for any costs incurred by the City after the termination or expiry of
this Memorandum of Understanding.
5.3 Appropriation by Legislature – Both Parties recognize that all
costs payable to the City authorized pursuant to section 5.6 (Grant
Application) and in Schedule “B” herein shall be contingent on an allocation by
the Provincial Legislature, which allocation shall be submitted for approval to
the Legislature on an annual basis. The OFM shall notify the City in the event
that the Legislature does not approve the allocation for funding, either in
whole or in part.
5.4 Restrictions on Compensation
- The City warrants it shall not apply to, or receive monies from, the Minister
for costs for which it has already been, or will be reimbursed by another
organization, including another government, or agency thereof. The City shall
be liable to return to the Minister any monies it receives from the Minister in
contravention of this section. This section shall survive the expiry or
termination of this Memorandum of Understanding.
5.5 Invoices – The City shall issue an invoice to the Minister in the form set out in Schedule “A” for authorized costs incurred by the City for the use of the Level 3 Provincial CBRNE/ HAZMAT Team pursuant to this Memorandum of Understanding. Such invoice shall be issued within sixty (60) days from the date on which the Level 3 Provincial CBRNE/ HAZMAT Team ceases to be used, unless another date is agreed to in writing by both Parties. The City shall supply the Minister with any documentation required by the Minister in support of the invoice.
5.6 Grant Application – The
City shall be required to submit an application in writing in the form, and
according to the terms and conditions prescribed in Schedule “B” herein, in
order to be eligible for compensation for costs of up to one hundred thousand
dollars ($100,000) per year incurred by the City for providing training,
specialized equipment or exercises as required herein or for any other approved
items. The decision to award compensation shall be subject to the discretion of
the OFM. In the event of a conflict between the terms and conditions of the
application in Schedule “B” and the terms and conditions of the body of this
Memorandum of Understanding, the terms and conditions of the application in
Schedule “B” shall apply to the extent of the conflict.
ARTICLE 6: TERM,
TERMINATION AND AMENDMENTS
6.1 Term – This Memorandum of Understanding
shall enter into force on the date first above written and shall, subject to
section 6.2 herein (Termination Clause), shall remain in effect until March 31,
2012. Unless a Party gives written notice of termination to the other Party at
least six (6) months prior to March 31, 2012, this Memorandum of Understanding
shall be automatically renewed for a five (5) year period on the same terms and
conditions.
6.2 Termination clause – This Memorandum of Understanding
may be terminated at any time on one Party giving the other Party six (6)
months written notice.
6.3 Amendments – Any changes to this
Memorandum of Understanding and the CBRNE/ HAZMAT Operating Manual, 2007, shall
be in writing, and shall be agreed to by the Parties before taking effect.
ARTICLE 7: DISPUTE RESOLUTION
7.1 Dispute Resolution - Subject to Article 6 (Term,
Termination and Amendments) and section 7.2 (Dispute During Emergency) herein,
if any dispute arises between the Parties as to their respective rights and
obligations under this Memorandum of Understanding, the representatives of the
Parties named in section 2.1 herein (Notice) shall attempt to settle the
dispute within fourteen (14) business days of the dispute arising. If the
representatives of the Parties are unable to resolve the dispute within
fourteen (14) business days, the dispute shall be referred to the Fire Chief of
the City, the Fire Marshal, and the Commissioner of Emergency Management
Ontario or one or more of their delegates for resolution.
7.2 Dispute During Emergency – A dispute that arises while a Level
3 Provincial CBRNE/ HAZMAT Team has been ordered to be used by the Minister, or
where an Emergency has arisen in the Province of Ontario, shall be resolved as
prescribed in section 7.1 herein (Dispute Resolution) after the Level 3
Provincial CBRNE/ HAZMAT Team is no longer being used as directed by the
Minister, or once the Emergency has ended, as the case may be.
ARTICLE 8: MEETINGS AND REPORTS
8.1 Annual Meeting – The Minister and the City shall meet
at least once a year, or more frequently as they require, at a mutually agreed
upon location to:
a) Review any use of the Level 3 Provincial CBRNE/ HAZMAT Team,
b) Ensure that operating procedures, policies and strategies are current
and consistent;
c) Review all reports provided by the City under section 8.2 herein
(Reports);
d) Discuss any amendments required to the CBRNE/ HAZMAT Operating
Manual, 2007; and,
e) Anything else agreed upon by the Minister and the City.
8.2 Reports - The City shall be required to provide the Minister
with a written report at least once a year, or more frequently as the Minister
directs containing:
a) Training that the City has provided to members of the Level 3
Provincial CBRNE/ HAZMAT Team;
b) An account of all occasions on which the Level 3 Provincial CBRNE/
HAZMAT Team has been used;
c) Other events where there was use or reliance on the expertise or
capability of the Level 3 Provincial CBRNE/HAZMAT Team; or,
c) Anything else reasonably requested by the Minister.
ARTICLE 9: GENERAL
9.1 Records - The City shall keep and maintain all records, reports, invoices and other documents relating to the use of the Level 3 Provincial CBRNE/ HAZMAT Team, the training and all costs incurred by the City under this Memorandum of Understanding, in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by the Minister and its agents for a period of seven (7) years from the date this Memorandum of Understanding expires or is terminated. The Minister shall be able to inspect and to request a copy of any and all such records, invoices or other documents, as the case may be, for any purpose including the completion of an audit, on providing five (5) business days notice to the City. This clause shall survive the termination or expiry of this Memorandum of Understanding.
9.2 Insurance - The City shall, during the term of this Memorandum of Understanding, maintain sufficient insurance to cover its obligations and all uses of the Level 3 Provincial CBRNE/ HAZMAT Team authorized under this Memorandum of Understanding, and shall provide evidence of such insurance to the Minister at the Minister’s request.
9.3
Confidential Information – The Parties
agree that except where required by law, or for the purpose of performing
duties or obligations under this Memorandum of Understanding, no Party shall
directly or indirectly disclose, destroy, exploit or use, either during or
after the term of this Memorandum of Understanding, any confidential
information belonging to the other Party, unless the other Party has provided
their written consent. The Parties further agree that when this Memorandum of
Understanding terminates or expires, they shall return all confidential information
belonging to the other Party.
9.4 Media – Subject to Schedule “B” herein and the provisions of the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), the City agrees that the City shall not at any time directly or indirectly communicate with the media in relation to this Memorandum of Understanding or any monies provided under the authority of this Memorandum of Understanding unless the City first provides written notice to the Minister. The City shall, further, not publicize or issue any publications related to this Memorandum of Understanding unless they first notify the Minister in writing.
9.5 No Waiver - The failure of the Minister or the City to enforce at any time any of the provisions of this Memorandum of Understanding or any of its rights in respect thereto or to insist upon strict adherence to any term of this Memorandum of Understanding shall not be considered to be a waiver of such provision, right or term or in any way affect the validity of this Memorandum of Understanding.
9.6 Ratification by the City – The performance by the City of any obligations or duties under this Memorandum of Understanding outside of the geographic boundaries of the City shall be conditional upon the approval of the Council of the City of this Memorandum of Understanding in that regard. Notification of the decision of the Council of the City shall be communicated in writing by the City to the Minister as soon as practical.
IN WITNESS WHEREOF the Minister, and the City hereto have executed the Memorandum of Understanding on the dates noted below, with the Memorandum of Understanding to be effective as of the date first above written.
Approved for
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Her Majesty The Queen In Right Of The
Province Of Ontario As Represented By The Minister of Community Safety and
Correctional Services |
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City of Ottawa |
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Julian Fantino, Commissioner of Emergency Management Dated: ____________________ |
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Rick Larabie, Fire Chief, City of Ottawa ________________________________ Dated: ______________________ |
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I have the authority to bind the Minister. |
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SCHEDULE “A” TO A MEMORANDUM OF
UNDERSTANDING BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED
BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES AND CITY OF OTTAWA
TRAINING TO BE PROVIDED BY THE OFM
The OFM will evaluate the current level of training
within the fire department and a training program based on “train the trainer”
will be developed in conjunction with the fire department personnel. The OFM
will assign a Program Specialist to this task and the assigned person will
regularly monitor the effectiveness of the training and the departments
HazMat/CBRNE response capability.
COST RECOVERY FOR TRAINING CONSUMABLES
COST RECOVERY RATES
A Level 3 Provincial CBRNE/ HAZMAT Team provided by
the City consists of up to eighteen (18) personnel trained, equipped and
responding on appropriate municipal vehicles. The Minister will reimburse the
City for the salaries of up to eighteen (18) personnel consisting of up to
twelve (12) employed as firefighters trained and equipped to the NFPA 472
Technician Level, up to four (4) employed as police officers trained and
equipped as outlined in the CBRNE/HAZMAT Operating Manual, 2007, and up to two
(2) employed in providing emergency medical services trained and equipped as
outlined in the CBRNE/HAZMAT Operating Manual, 2007, in accordance with the
rates they are subject to in the current collective agreement. Incidents
requiring cost recovery for more than eighteen (18) personnel must be approved
in advance by the OFM. The Minister, upon approval of the City’s invoice, will
immediately submit it for payment.
The Minister shall, additionally, reimburse the City
for in-filling or ‘call-in’ costs incurred by the City resulting from replacing
Level 3 Provincial CBRNE/ HAZMAT Team members who have been deployed pursuant
to this Agreement.
All other costs and expenses must have prior written approval of the Minister.
Cost Recovery Process
SAMPLE COVER LETTER
(DATE)
Chief of Emergency Management and Response
Office of the Fire Marshal
1495 Muskoka Road North
Gravenhurst, Ontario P1P 1W5
Dear Chief:
Subject: Invoice for response to emergency at
request of province
The following is a statement of charges for the CBRNE/ HAZMAT related
incident on (date) located at (location) in (municipality).
Part a - response of staff and apparatus:
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Response of (indicate number) personnel and apparatus for (indicate number) hours as per the agreed to costs in the memorandum of understanding with the Province of Ontario. |
$000.00 |
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Cost incurred by the department to recall additional (indicate number) personnel for (indicate number) hours as per the agreed to costs in the memorandum of understanding with the Province of Ontario. |
$000.00 |
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Total costs for part “a” |
$000.00 |
Part b – costs incurred at the scene of the emergency as authorized by the OFM:
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Vehicles/apparatus costs (rates as per CBRNE/HAZMAT Operating Manual, 2007) |
$000.00 |
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Equipment costs |
$000.00 |
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Materials costs |
$000.00 |
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Communications costs |
$000.00 |
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Other costs |
$000.00 |
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Total costs for part “b” |
$000.00 |
Please make payment to:
(Name of department to whom payment will be made)
(Street or mailing address)
(City, province and postal code)
MUNICIPAL RESPONSE
COSTS
(For
inclusion in Part “a” of invoice to province)
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Name / Title |
Hours |
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Total hours of all staff assigned to incident |
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LOCAL CALL-BACK
PERSONNEL COSTS
(For
inclusion in Part “a” of invoice to province)
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Name / title |
Hours |
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Reason for call-back of personnel: |
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VEHICLE AND
APPARATUS COSTS
(For
inclusion in Part “b” of invoice to province)
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Vehicle/Apparatus Type |
Hrs. |
Rate |
Cost |
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Totals: |
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EQUIPMENT COSTS
(For
inclusion in Part “b” of invoice to province)
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Item |
Hrs. |
Rate |
Cost |
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Totals: |
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MATERIAL COSTS
(for
inclusion in Part “b” of invoice to province)
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Item |
Hrs. |
Rate |
Cost |
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Totals: |
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COMMUNICATIONS
COSTS
(for
inclusion in Part “b” of invoice to province)
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Item |
Hrs. |
Rate |
Cost |
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Totals: |
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OTHER COSTS
(for
inclusion in Part “b” of invoice to province)
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Item |
Hrs. |
Rate |
Cost |
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Totals: |
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SCHEDULE “B” TO A MEMORANDUM
OF UNDERSTANDING BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES AND
CITY OF OTTAWA
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Chemical,
Biological, Radiological, Nuclear, Explosive Response Grant
Program |
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Return the completed application form to the
Office of the Fire Marshal, 1495 Muskoka Road North Gravenhurst,
Ontario P1P 1W5 – attention of Barry McKinnon Please refer to Terms and
Conditions (attached) for further information on the application process and
grant criteria. Request for assistance should be discussed with your Office of
the Fire Marshal representative prior to application. |
For
OFM use only |
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Project/Program No. |
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Year |
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Year |
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Year |
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Name of Community |
Region/County/District/Single Tier |
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Mailing Address |
Telephone No. |
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Project Coordinator |
Fax No. |
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Mailing Address (If different from above) |
E-Mail Address |
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Project/Program Timelines |
Start
date: |
Completion
Date: |
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Project/Program Description |
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(A
comprehensive project description that includes the aim and objectives of a
project/programwill ensure that it is correctly understood and will be
accorded a suitable priority. PLEASE
ATTACH ANY SUPPORTING DOCUMENTATION.) |
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Measurable Objectives |
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(Long
term projects may be divided into phases or measurable objectives and may
thereby qualify for phased funding arrangements as major objectives are
completed). |
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Estimate of Costs |
Amount |
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*A
Project Planning Worksheet should be completed for each separate category of
cost |
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Training (Attach
list and item cost) |
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Equipment (Attach
list and item cost) |
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Administrative Costs |
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Total |
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Undertaking We, the undersigned,
having authority to make a commitment on behalf of the community in whose
name this application is being made, hereby give the following undertaking: 1.
To comply with the terms and conditions of the
Chemical, Biological, Radioactive, Nuclear, Explosive Response Grant Program; 2.
To comply with the terms and conditions of a
Memorandum of Understanding to establish and to operate a Level 3 Provincial
CBRNE/ Hazmat Team; 3.
Agree to deploy the resources acquired through
this program as requested by the Province of Ontario through the Provincial
Operations Centre; 4.
Agree to operate within the Hazardous
Materials/CBRNE Operating Manual 2007 and the Emergency Response Standard
Operating Guidelines; and, 5.
Upon completion of a project/program, or a
significant phase of a project/program, to issue a statement to the public
through the local media or to take such other steps as are necessary to
acknowledge fully the nature and extent of Office of the Fire Marshal
involvement and participation. We request that you not publicize this conditional approval of the
grant, or the subsequent receipt of grant funds that will follow the signing
of a legal agreement. Once the agreement is signed, the ministry will be pleased
to work with your organization to arrange a suitable occasion for a public
announcement.
(Clippings/copy should be forwarded upon submitting a claim.) |
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Signature |
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Signature |
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Appointment |
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Appointment |
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Fire
Chief |
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(Insert
Municipal Representative Title as appropriate) |
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Date |
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Date |
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Please complete the following questions concerning
your community background, the level of emergency preparedness within your
community, and project details.
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Community Background |
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1.
What is the population of your community (or communities if a joint
community project)? |
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2.
What communities will be served by this project? |
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Directly? |
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Indirectly? |
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3.
Does the community you directly serve have any major, unique or
special hazards to be prepared for? |
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4.
Does the community(s) you indirectly serve have any major, unique or
special hazards to be prepared for? |
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Level of
Preparedness |
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1.
Has your fire department received training
in hazardous materials response? |
Yes |
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No |
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NFPA 472 Awareness
Level Training |
#
FF |
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NFPA 472 Operations
Level Training |
#
FF |
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NFPA 472 Technician
Level Training |
#
FF |
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CBRNE Specialist Level
Training |
#
FF |
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2.
Is your fire department equipped for
hazardous materials response? |
Yes |
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No |
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NFPA 472 Awareness
Level |
Yes |
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No |
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NFPA 472 Operations
Level |
Yes |
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No |
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NFPA 472 Technician
Level |
Yes |
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No |
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CBRNE Response Level |
Yes |
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No |
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3.
Does/will your fire department provide
hazardous materials response to other communities? |
Yes |
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No |
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NFPA 472 Operations
Level |
Yes |
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No |
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NFPA 472 Technician
Level |
Yes |
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No |
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CBRNE Response Level |
Yes |
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No |
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4.
Experience - Number of responses where
services provided (provide the total # of responses at the various levels for
the last 2 complete years) |
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NFPA 472 Awareness
Level |
# |
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NFPA 472 Operations
Level |
# |
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NFPA 472 Technician
Level |
# |
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CBRNE Response Level |
# |
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Project
Details |
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1.
Does your project support an all hazards approach to emergency
preparedness? (i.e., can your project be used in other types of
emergency situations? |
Yes |
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No |
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2.
How often will you use the project you are applying for? (specify) |
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3.
What agencies will use this project? (i.e., police, fire, ambulance,
public works, etc.) |
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4.
Upon completion of your project, a statement must be issued to the
public through the local media or other steps taken to fully acknowledge the
nature and extent of the Office of the Fire Marshal involvement and
participation in funding this project.[1] How do you intend to fulfill this
obligation? |
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Ministry of the Solicitor General
and Correctional Services
· To be completed and retained by applicant
for accounting and audit purposes
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Project |
Training
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Service
Performed/Expenditure |
Cost Data |
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Registration |
Travel |
Accomodation |
Other |
Total |
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Totals |
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Notes:
A separate worksheet should be completed for each
category of cost, i.e., Training, Equipment, Administration, etc.
· To be completed and retained by applicant
for accounting and audit purposes
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Project |
Equipment
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Service
Performed/Expenditure |
Cost Data |
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Purchase |
Install |
Required Testing/
Maintenace |
Consumables (see
notes) |
Other |
Total |
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Totals |
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Notes:
A separate worksheet should
be completed for each category of cost, i.e., Training, Equipment,
Administration, etc.
Consumables are those used in preparing for provincial responses or
actual provincial responses
· To be completed and retained by applicant
for accounting and audit purposes
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Project |
Administration
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Service
Performed/Expenditure |
Cost Data |
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Salary
& Benefits |
Supplies |
Other |
Total |
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Totals |
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Notes:
A separate worksheet should be completed for each
category of cost, i.e., Training, Equipment, Administration, etc.
Terms and Conditions
The terms and conditions governing funding approved
under the Chemical, Biological, Radiological, Nuclear, Explosive Response Grant
Program are contained in this application form. By signing this application
form the applicant is agreeing to be bound by these terms and conditions if a
grant is awarded
1)
Definitions
“Applicant” means the designated community
that has submitted this application to the Office of the Fire Marshal
“Grant” means the monies provided to the
recipient by the Office of the Fire Marshal pursuant to these terms and
conditions;
“Project” means the project for which the
grant is awarded to the recipient under the program
“Program” means the Chemical, Biological,
Radiological, Nuclear, Explosive Response Grant Program
“Recipient”
means the applicant which has agreed to be bound by these and any subsequent
terms and conditions and for whom funding has been approved by the Office of
the Fire Marshal; and “Terms and
Conditions” means the terms and conditions contained in this application.
2)
Time
The terms and conditions shall be in effect for seven (7) years
following completion of the project or termination of this agreement, unless
stipulated otherwise by the Office of the Fire Marshal in writing.
3)
Project
Unless stipulated otherwise by the Office of the Fire Marshal in
writing, the recipient shall use the grant to:
· carry out and complete the project as described in the applicant’s application,
and
· complete the project
by March 31 of the year following the
application.
The recipient shall carry out the project
according to all federal, provincial or municipal
laws or regulations, or orders, rules or by-laws related to the project.
4)
Grant
The Office of the Fire Marshal shall provide a grant up to one hundred
thousand dollars ($100,000) in an amount to be determined solely by the Office
of the Fire Marshal, and contingent upon an appropriation by the Legislature of
Ontario.
The Office of the Fire Marshal shall pay the grant as follows;
The approved grant will be made available as
soon as reasonably possible after the applicant has received approval in
writing from the Office of the Fire Marshal and, upon satisfactory receipt and review of a reconciliation report that
includes:
·
a certified statement from the Municipal Clerk, Treasurer or Chief
Financial Officer of the recipient of all costs incurred to complete the
project ; or
·
copies of all invoices and other documentation to substantiate eligible
project expenditures.
Unless stipulated otherwise in writing by the
Office of the Fire Marshal, the recipient shall use the grant only for the
approved project as determined by the Office of the Fire Marshal.
5)
Assignment of
Grant
The applicant/recipient shall not assign this application or any grant
or part thereof to another entity without the prior written consent of the
Office of the Fire Marshal.
6)
Further
Conditions
The Office of the Fire Marshal may, at any
time, upon reasonable notice, impose upon the recipient such additional terms
or conditions which the Office of the Fire Marshal, in its sole discretion, considers appropriate for the proper
management and expenditure of the grant and may impose such terms and
conditions on any consent granted pursuant to these terms and conditions.
7)
Unused Grant
The recipient agrees that any part of the grant which has not been used
by or accounted for by the recipient by the completion date shall belong to the
Office of the Fire Marshal and shall be used only for the purposes agreed upon
by the Office of the Fire Marshal or shall be returned to the Office of the
Fire Marshal immediately upon request of the Office of the Fire Marshal
8)
Termination of
the Grant and Request for Repayment of Grant:
The Office of the Fire Marshal reserves the right to cancel the grant
and/or request repayment of the grant or an amount equal hereto if the
recipient:
·
does
not commence the project ; or,
·
complete the
project by March 31 of the year
following the application
·
ceases
to operate;
·
has knowingly
provided false or misleading information in its grant request, in any other
communication with the Office of the Fire Marshal, in any public communication,
or regarding the project;
·
breaches any
of the terms and conditions; or
·
in the Office of the Fire Marshal’s opinion, is
unable to complete the project.
9)
Repayment of Grant by Recipient
If, pursuant to the terms and conditions
governing the grant, the Office of the Fire Marshal requests the repayment of
the whole or any part of the grant, the amount requested shall be deemed to be
a debt due and owing to the Office of the Fire Marshal and the recipient shall
pay the amount immediately.
The recipient shall repay the amount
demanded by cheque payable to the Minister of Finance. The Office of the Fire
Marshal reserves the right to demand interest on any amount owing by the
recipient at the then current rate charged by the Province of Ontario on accounts
receivable.
Should the recipient fail to repay an amount
owing to the Office of the Fire Marshal under this agreement, including
interest, the recipient acknowledges and agrees that the Minister of Finance
may deduct an unpaid amount from any money payable to the recipient by the
Province of Ontario, or may exercise any other remedies available to the Office
of the Fire Marshal or the Minister of Finance to collect unpaid amounts
10)
Accounting
The recipient shall keep and maintain at its usual place of business
all records, invoices and other documents relating to the grant in a manner
consistent with generally accepted accounting principles and clerical
practices, and shall maintain such records and keep them available for review
by the Office of the Fire Marshal and its agents for a period of 7 years from
the date of completion of the expenditures or termination of this agreement.
The recipient authorizes the Office of the
Fire Marshal upon its request and/or its agents to inspect and copy any records,
invoices and documents in the possession or under the control of the recipient
that relates to the grant. The Office of the Fire Marshal’s right of inspection
includes the right to perform a full or partial audit.
The recipient agrees to provide any additional information reasonably required by the
Office of the Fire Marshal.
11)
Purchasing
Goods and Services
The recipient shall acquire all goods and services through a
competitive or comparative selection processes based on current municipal best
practices that ensures the best value for funds expended.
12)
Reports
The recipient shall submit a final reconciliation report to the Office
of the Fire Marshal upon completion of the project and no later than April 15
of the year following the application for the review and the approval by the
Office of the Fire Marshal.
13)
Conflict of
Interest
The recipient shall ensure that the project
is carried out in all its aspects without a conflict of interest by any person
associated with the project in whatever capacity.
For these purposes, a conflict of interest
includes a situation in which the person associated with the project and any
member of his or her family is able to benefit financially from his or her
involvement in the project.
The recipient shall disclose to the Office
of the Fire Marshal without delay any actual or potential situation that may be
reasonably interpreted as an actual, perceived or potential conflict of
interest and shall identify how the conflict of interest will be resolved.
14)
Office of the Fire Marshal and Recipient
Independent
The Office of the Fire Marshal and the recipient are and shall at all
times remain independent and are not and shall not represent themselves to be
the agent, joint venture, partner or employee of the other. No representations
shall be made or acts taken by either party which could establish or imply any
apparent relationship of agency, joint venture, partnership or employment and
neither party shall be bound in any manner whatsoever by any agreements,
warranties or representations made by the other party to any other person or
with respect to any other action of the other party.
15) Invalid
and Unenforceable Provisions to be Severed
If any provision of the terms and conditions governing the grant are
found to be invalid or unenforceable it shall be severed and the other
provisions of the terms and conditions governing the grant shall not be
affected
16) Waiver
A waiver of any failure to comply with any term of these terms and
conditions must be written and signed by the recipient or by the Office of the
Fire Marshal as the circumstances dictate.
Each waiver must refer to a specific failure to comply and shall not
have the effect of waiving any subsequent failures to comply.
17) Consent to Release
The applicant/recipient
consents to the release of information contained in its application and in any
reports submitted under these terms and conditions, all pursuant to section
17(3) of the Freedom of Information and Protection of Privacy Act.
18) Time of Essence
Time
shall be of the essence of these terms and conditions in all respects.