Bylaw No. 1719


THIS AGREEMENT made in duplicate this ____ day of ____________, 2004



BETWEEN

City of Revelstoke
PO Box 170
REVELSTOKE, BC V0E 2S0

(hereinafter referred to as “City”)
OF THE FIRST PART

AND

Cott Revelstoke Ltd.
PO Box 1300
REVELSTOKE, BC V0E 2S0

(hereinafter referred to as “Cott”)
OF THE SECOND PART

WHEREAS Cott desires to secure the services of the City for five (5) years from the effective date of this contract and the City desires to accept such an arrangement for the provision of fire protection assistance on a per callout basis.

NOW THEREFORE in consideration of the material advantages accruing to the two parties and subject to the mutual covenants and conditions contained herein, the City and Cott agree with each other as follows:

1.

1. The City will render fire protection services to the limit of one manned and equipped apparatus to the Cott facility located 28 miles east of Revelstoke on Jumping Creek Forestry Road and the Trans Canada Highway.
    
2. Cott will pay for the fire protection service, a fee based upon the City Equipment Summary List attached as Appendix “A” to this contract, and revised from time to time upon prior written notice to Cott.
    
3. The parties acknowledge and confirm the statutory responsibility of the City, pursuant to the Local Government Act of British Columbia to provide fire protection services within the City of Revelstoke boundaries as a first priority, over and beyond any responsibilities set out in this contract.
    

2. The parties agree that Cott shall have the responsibility to request service contemplated by this contract, but may not request the particular apparatus to be dispatched, which shall be in the sole discretion of the officer in charge of the Fire Station at the time of the receipt of the request. The City shall not be liable to Cott in any manner whatsoever for any damage that Cott may suffer as a result of the exercise of the officer’s discretion.

3. The City shall submit any account within thirty (30) days following a callout, together with any applicable tax mandated by provincial or federal legislation, which account shall be payable immediately on receipt.

4. Cott shall not be required to maintain policies of insurance indemnifying the City for loss or injury to equipment or personnel suffered in the course of responding to requests for service, and the parties together agree that their liability each to the other shall be as more particularly described in Section 7.

5. The City, in its sole discretion, shall have the right to refuse to dispatch apparatus upon a request for service being made under this contract where, in the opinion of the senior officer on duty in the Fire Station:

1. dispatch of the apparatus would compromise fire coverage in the City of Revelstoke Fire Protection Area;
    
2. the condition of the highway would make the timely arrival of the apparatus unlikely;
    
3. dispatch of the apparatus would expose the fire suppression crew or equipment to unusual or excessive risk; or
    
4. dispatch of the apparatus would place it in an area of communication deficit where expedient recall for a higher priority dispatch or deployment would not be achievable.

6. Either party may in its discretion, terminate this contract at any time, and without limiting the generality of the foregoing Cott may terminate this contract upon being notified of any increase in the callout rates referred to in Appendix “A”. After such termination, all rights, duties and obligations of both parties shall cease but Cott shall remain liable to the City for all callout costs incurred and not paid for prior to the termination date.

7.

1. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform its undertakings under the terms of this contract when the delay or failure is due to fires, strikes, floods, snowslides, landslides, road closures, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
    
2. Notwithstanding any other provision in this contract or any applicable statutory provisions, neither party shall be liable to the other for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise or from any tortious acts or omissions of their respective employees or agents.

8. Should either party elect to terminate this contract for any other reason than as stated in Section 6, it shall give the other party seven (7) days written notice of its decision to terminate. At the end of these seven (7) days, all rights, duties and obligations of both parties to the contract shall cease but Cott shall remain liable to the City for all callout costs incurred and not paid for prior to the termination date.

9. Negotiations for the extension of this contract, or for agreement on the terms of a new contract, shall be completed not later than the end of the seventh (7th) month in the final contract year and the failure of the parties to conclude such negotiations shall be deemed to be an election not to extend or replace this contract. By mutual agreement of the parties, this contract and all its terms and conditions may be extended from year to year or for a term beyond its initial term by a simple letter executed and exchanged between the parties at any time during the contract term.

10. This contract constitutes the entire agreement between the parties and contains all the agreements between them with respect to the subject matter hereof. It also supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter hereof.

11. Except as otherwise specifically provided, the terms and conditions of this contract may be amended at any time by mutual agreement of the parties, provided that before any amendment shall be valid or effective it shall have been reduced to writing and signed by both parties.

12. The invalidity or unenforceability of any particular provision of this contract shall not affect its other provisions, and this contract shall be construed in all respects as if such invalid or unenforceable provision had been omitted.

13. This agreement shall be binding upon and enure to the benefit of the parties, their respective successors and assigns.

14. Any notice required or permitted to be given to the parties shall be in writing and shall be delivered by hand to the party for whom it is intended, sent by fax or similar form of transmitted message or sent by prepaid courier directed to such party at the address indicated below, or at such other address as either party may stipulate by notice to the other.

Any notice delivered by hand, by courier or sent by fax, or similar form of transmitted message shall be deemed to have been delivered on the date following such transmission.

To:
City of Revelstoke
PO Box 170
216 Mackenzie Avenue
Revelstoke, BC V0E 2S0 Fax (250) 837-4930

Cott Revelstoke Ltd.
PO Box 1300
Jumping Creek Forestry Road
Revelstoke, BC V0E 2S0 Fax (250) 837-4400

This contract shall be construed and enforced under and in accordance with the laws of the Province of British Columbia.

IN WITNESS WHEREOF the parties have affixed their hands and seals at Revelstoke, British Columbia, on the day and year first above written.


CITY OF REVELSTOKE )
)
)
_____________________________ )
Mark McKee, MAYOR )
)
)
____________________________ )
Don H. DeGagne, DIRECTOR OF )
CORPORATE ADMINISTRATION )



COTT REVELSTOKE LTD. )
)
)
___________________________ )
Name: )
Title: )
)
)
___________________________ )
Name: )
Title: )

Appendix ‘A’

EQUIPMENT SUMMARY LIST

Vehicles, Equipment and Consumable Supplies 

Notes:

1. Pumper and Tender rates include crew, equipment (less generator), fuel, oil and insurance. Rates apply from the time the vehicles are dispatched and continue until returned to quarters and billed at the closest 15 minutes. (.25 hrs.) Rate of $0.44 per kilometer will apply for distances in excess of 150 kilometres.

2. Callout rate is applied when crew deploys but no duties related to fire suppression are employed. Also applies when response is cancelled enroute.

3. Standby rates are applied for deployed fire apparatus where no fire suppression is required and the unit is held in staging areas or at facility locations.

4. Consumable products covered include the cost of such items as personal protective equipment, flashlight batteries, gloves, absorbent materials etc. This does not include the use of foam or other commercial suppression agents.
When used these will be billed separately at market prices.

5. Meal expense incurred where response times exceed three hours will be paid at a rate of $13.25 per meal to a maximum of four meals in a twenty-four hour period.

 

 
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