rural fire service proposed service level agreement
TRANSCRIPT
Ordinary Meeting of Council Page 114 20 September 2007
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RURAL FIRE SERVICE PROPOSED SERVICE LEVEL AGREEMENT BETWEEN WOLLONGONG CITY, KIAMA MUNICIPAL AND SHELLHARBOUR CITY COUNCILS Report of Manager Works and Services ( JT) 4/09/07 SU22144
PROGRAM Community Life
FUNCTION Emergency Services
STRATEGY Coordinate planning and provision of emergency services with government agencies and neighbouring Councils, and undertake community awareness and education programs.
PRECIS
In 2001, as a result of legislative changes, Council entered into a Local Service Level Agreement with the Commissioner of the NSW Rural Fire Services. A new Service Agreement has been developed for Council’s endorsement to cover the Illawarra Rural Fire Service District pursuant to the provisions of Section 12A of the Rural Fires Act 1997.
RECOMMENDATION
1 Authority be granted for Council to enter into a Rural Fire District Service Agreement with the Commissioner of the NSW Rural Fire Service in accordance with the terms and conditions set out in the Service Agreement;
2 Authority be granted for the use of the Common Seal of Council on the Rural Fire District
Service Agreement to be entered into with the Commissioner of the NSW Rural Fire Service.
3 Council nominate one (1) Councillor as a representative on the Illawarra Zone Liaison
Committee and one (1) Councillor to be the alternate representative.
BACKGROUND
In 2001, as a result of an amendment to legislation to enable fire control staff to become employees of the NSW Rural Fire Service, it became necessary for Council to enter into a Local Service Level Agreement with the Commissioner of the NSW Rural Fire Service and to establish a Liaison Committee to monitor the performance of the Agreement. This Agreement expired on 30 June 2004 and Letters of Extension between Council and the Commissioner of the NSW Rural Fire Service have been exchanged while a new Service Agreement was drawn up for the Illawarra Zone (covering the Wollongong, Shellharbour and Kiama Local Government Areas). The Rural Fire District Service Agreement has now been formulated for Council’s endorsement. PROPOSAL
It is proposed that Council enter into a Rural Fire District Service Agreement with the Commissioner for the NSW Rural Fire Service in accordance with the terms and conditions outlined in the agreement. The agreement will be for a period of three years commencing on 1 October 2007. All Service Agreements between the Rural Fire Service and Councils have been developed with two key components. The first component is the “Contract” which establishes the legal basis for the proposed Rural Fire District Service Agreement and addresses a range of matters to ensure that the legislative obligations of both parties are recognised and addressed. It also provides a framework for the reciprocal service arrangements between the NSW Rural Fire Service and local councils. The
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second component is the “Schedules” which provide the flexibility within the context of the overall agreement to meet the needs of the local community. These schedules include such issues as levels of service, list of dedicated premises for use by the Rural Fire Service, equipment schedules, and services to be provided by Council to the Rural Fire Service. A Liaison Committee will continue to be required to meet on a quarterly basis to monitor the performance of the agreement. However, this Liaison Committee will now be on a District basis covering the Wollongong, Shellharbour and Kiama Local Government Areas and, as set out in the Service Agreement, it will consist of one Councillor from each of these councils. At the present time, Councillors Cartan and Anthony are Council’s representatives on the Wollongong City Council/NSW Rural Fire Service Liaison Committee and it is recommended that one Councillor be nominated as the primary representative and a second Councillor be nominated as an alternative representative.
CONSULTATION AND COMMUNICATION
In the development of this report consultation was undertaken with Rural Fire Service staff and volunteer members, and the Corporate Compliance Unit Manager regarding insurance issues.
PLANNING AND POLICY IMPACT
Councils must comply with the functions imposed on it by and under the Rural Fires Act 1997.
ECOLOGICAL SUSTAINABILITY This heading has been considered but is not relevant.
RISK ASSESSMENT
This heading has been considered but is not relevant.
FINANCIAL IMPLICATIONS
At this stage there are no additional financial implications beyond existing arrangements.
OPTIONS
1 Council can proceed as per the recommendations in this report. 2 The recommendations not be endorsed and the existing arrangements be maintained.
CONCLUSION
The establishment of a Rural Fire District Service Agreement will enable Council to delegate its administrative responsibilities for rural fire brigades under the Rural Fires Act 1997 to the Commissioner of the NSW Rural Fire Service. In addition, a Service Agreement will ensure performance monitoring procedures are in place for staff and enable continuing local involvement in the support of volunteer rural fire brigades. Both Shellharbour and Kiama Councils have endorsed a Rural Fire District Service Agreement.
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6 Name Position Title Date Signature
This report provides Councillors with all the relevant information and is correct at the time of writing. This information has been relied upon in preparing the report and its recommendations. Signed by:
Jenni Trezona Administrative Officer 22/08/07
John Shepherd Manager Works & Services 4/09/07
Sue Baker-Finch Chief Operating Officer 6/09/07
ATTACHMENTS
1. Draft Rural Fire District Service Agreement
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 117
Wollongong City Council
Kiama Municipal Council The Council
Shellharbour City Council The Council
Wollongong City Council The Council
The Commissioner of the NSW Rural Fire Service The Commissioner
Rural Fire District Service Agreement Illawarra Zone
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Table of Contents
1. ...........Definitions....................................................................................................................1 2. ...........Interpretation ...............................................................................................................2 3. ...........Commencement and Term .........................................................................................3 4. ...........Commissioner to exercise Councils' Functions and manage the Zone ................4 5. ...........District Equipment ......................................................................................................4 6. ...........Land and Buildings.....................................................................................................4 7. ...........Administrative, Accounting and Maintenance Services..........................................6 8. ...........Finance.........................................................................................................................6 9. ...........Liaison Committee ......................................................................................................7 10. .........Insurance and Related Covenants.............................................................................8 11. .........Key Performance Indicators ......................................................................................9 12. .........Annual Report and Review.........................................................................................9 13. .........Dispute Resolution ...................................................................................................10 14. .........Review........................................................................................................................10 15. .........Termination................................................................................................................10 16. .........GST.............................................................................................................................11 17. .........Further Assurance ....................................................................................................11 18. .........Governing Law ..........................................................................................................11 19. .........Waiver ........................................................................................................................11 20. .........Notices .......................................................................................................................12 21. .........Counterparts..............................................................................................................13 22. .........Modification ...............................................................................................................13 23. .........Legal Costs................................................................................................................13 24. .........Entire Agreement ......................................................................................................13 25. .........Severability ................................................................................................................13 Annexure A................................................................................................................................16
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This Agreement made at [insert town where document is signed by last party] on [insert date] Parties Kiama Municipal Council of 11 Manning Street Kiama ("The
Council")
Shellharbour City Council of Lamerton House Shellharbour City Centre ("The Council")
Wollongong City Council of 41 Burelli Street Wollongong ("The Council")
(collectively referred to in this Agreement as "the Councils").
The Commissioner of the NSW Rural Fire Service of 15 Carter Street Homebush Bay NSW 2127 ("The Commissioner")
Recitals
A. The parties have agreed to enter into a rural fire district service agreement pursuant to the provisions of section 12A of the Rural Fires Act 1997 (NSW).
B. The Councils and the Commissioner have agreed to operate the Districts as a Zone.
C. The Commissioner has agreed to exercise all of the functions imposed on the Councils by and under the Rural Fires Act 1997 (NSW) other than those functions specified in Schedule 1.
D. The Commissioner has agreed to undertake the day-to-day management of the Service operating in the Zone on behalf of the Councils.
E. The Councils have agreed to provide certain administrative accounting and maintenance services to the Commissioner and to the Service.
F. The Councils have agreed to allow the Commissioner and the Service to use the District Equipment.
G. The Councils have agreed to allow the Commissioner and the Service to use the Premises.
H. The Councils and the Commissioner have agreed to establish a Liaison Committee.
I. The Councils have agreed to delegate certain functions, powers and duties to the fire control officer.
The parties agree
1. Definitions
In this agreement:
(a) "Act" means the Rural Fires Act 1997 (NSW) as amended.
(b) "delegation" means the delegation made by the Councils to the FCO, a copy of which is annexed to this Agreement and marked "A".
(c) "Districts" means the Kiama, Shellharbour & Wollongong rural fire districts.
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(d) "fire control officer" and "FCO" means the fire control officer appointed for the Districts by the Commissioner.
(e) "Fire Fighting Apparatus" means all vehicles, equipment and other things used for or in connection with, the prevention or suppression of fire or the protection of life or property in case of fire, by the Members of the Rural Fire Service operating in the Districts.
(f) "District Equipment" means the Fire Fighting Apparatus and the other vehicles and equipment used by the Members of the Rural Fire Service operating in the Districts, which is owned by, vested in or under the control of the Councils
(g) "Liaison Committee" means the Liaison Committee established pursuant to clause 9 of this Agreement.
(h) "Minister" means the Minister responsible for the administration of the Act.
(i) "Premier" means the Premier of New South Wales.
(j) "Premises" means the land and buildings or parts of land and buildings specified in Schedule 2.
(k) "Members of the Rural Fire Service operating in the Districts" means the fire control officer for the Districts, the deputy fire control officers for the Districts, the other staff of the Service assigned to the Districts, the group officers and the volunteer rural fighters forming the rural fire brigades and groups of rural fire brigades in the Districts. DRAFT
(l) "Service" means the NSW Rural Fire Service established by the Act.
(m) "Service Standards" means the Service Standards issued by the Commissioner pursuant to the provisions of section 13 of the Act.
(n) "Term" means the period specified in clause 3.1 for which this Agreement is to continue.
(o) "Zone" means the area comprising the Districts.
(p) "Zone Manager" means the person appointed as fire control officer for the Districts.
2. Interpretation
In this Agreement:
(a) headings are for convenience only and do not affect interpretation; and unless the context indicates a contrary intention;
(b) words importing the singular include the plural and vice versa, and words denoting a given gender include all other genders;
(c) the expression “person” includes an individual, the estate of an individual, a body politic, a corporation and a statutory or other authority or association (incorporated or unincorporated);
(d) references to parties, clauses, sub-clauses, schedules, exhibits or
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annexures are references to parties, clauses, sub-clauses, schedules, exhibits and annexures to or of this Agreement and a reference to this Agreement includes any schedule, exhibit and annexure;
(e) references to this Agreement, or any other deed, agreement, instrument or document shall be deemed to include references to this Agreement, or other deed, agreement, instrument or document as amended, novated, supplemented, or replaced from time to time.
(f) a reference to an agreement includes a representation, undertaking, deed, agreement or legally enforceable order or arrangement or understanding, whether or not in writing;
(g) a reference to a document includes any written agreement and any certificate or note or other document of any kind;
(h) references to any person or to any party to this Agreement include that person’s or party’s executors, administrators, successors and permitted assigns;
(i) where any word or phrase is given a defined meaning any other part of speech or grammatical form in respect of that word or phrase has corresponding meaning;
(j) where the day on or by which any sum is payable under this Agreement, or any act, matter or thing is to be done is a day other than a Business Day, that sum will be paid and such act, matter or thing will be done on the immediately preceding Business Day;
(k) where two or more parties to this Agreement make a joint covenant, undertaking, representation or warranty, it will be construed to refer to and bind each of such parties jointly and each of them severally;
(l) references to payments to any party to this Agreement will be construed to include payments to another person upon the direction of such party;
(m) all payments to be made pursuant to this Agreement will be made by unendorsed bank cheque or other immediately available funds; and
(n) reference to any legislation or to any section or provision of any legislation includes any statutory modification or re-enactment or any statutory provision substituted therefore and all ordinances, by-laws, regulations and other statutory documents issued thereunder.
3. Commencement and Term 3.1 Notwithstanding the date upon which this Agreement is signed the parties agree
that the operation of the Agreement will commence on [insert date], and continue for a period of three (3) years unless it is terminated pursuant to provisions of clause 15.
3.2 This Agreement replaces the Service Level Agreements between the Commissioner and the Councils dated 1 July 2003 (Kiama/Shellharbour) and 1 July 2001 (Wollongong).
3.3 Prior to the expiration of the Agreement the parties may agree in writing to extend the term of the Agreement for a further period.
4. Commissioner to exercise Councils' Functions and manage
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the Zone
4.1 This Agreement is a rural fire district service agreement under section 12A of the Act.
4.2 The Commissioner will, in consideration of an annual fee of $1.00 payable by the Councils:
(a) exercise, for the Term, all of the functions imposed on the Councils by or under the Act other than those functions specified in Part 1 of Schedule 1; and
(b) undertake the day to day management of the Service in the Zone.
4.3 The Council acknowledges that, in exercising the Councils' functions pursuant to this Agreement the Commissioner may, but is not obliged to, utilise or provide additional equipment or personnel in addition to the District Equipment and the Members of the Rural Fire Service operating in the Districts.
4.4 The Councils will, pursuant to sub section 12A(2)(b), undertake the obligations set out in Part 2 of Schedule 1.
5. District Equipment 5.1 The Councils agrees that they will, during the Term, make available to and allow
the Commissioner and the Service to use the District Equipment which is owned by, vested in or under the control of the Councils.
5.2 The Commissioner agrees that he or she will, during the term of this Agreement, maintain the District Equipment identified in Schedule 4 on behalf of the Councils in accordance with the applicable Service Standards.
5.3 District Equipment acquired after the date of execution of this Agreement may only be added to Schedule 4 by written agreement between the Councils and the Commissioner.
5.4 District Equipment may be removed from Schedule 4 by written agreement between the Councils and the Commissioner at any time.
6. Land and Buildings 6.1 The Councils agrees that they will, during the Term, allow the Commissioner and
the Service to occupy and use the Premises, or such other land and buildings as may be agreed upon in writing between the Councils and the Commissioner, on the following terms and conditions:
6.2 Each of the Councils grant in relation to those parts of the Premises over which they have control and the Commissioner accepts a licence to enter and use the Premises during the Term.
6.3 The Commissioner has:
(a) a personal right of occupation of the Premises on the terms specified in this Licence;
(b) no tenancy, estate or interest in the land on which the Premises are situated.
6.4 The legal right to possession and control over the Premises and the land upon
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which they are situated remains vested in the respective Council throughout the term of this Licence.
6.5 The Councils will:
(a) not interfere with the Commissioner's use and enjoyment of the Premises during the Term;
(b) pay all rates, taxes, electricity, gas, oil and water charges separately metered and charged to the Premises;
(c) maintain the Premises in good repair in accordance with paragraph 6.3; and
(d) effect and keep current at all times during the continuance of this Agreement the following insurances:
(i) building insurance; and
(ii) public risk insurance in an amount of not less than $5,000,000.
6.6 The Commissioner will:
(a) not occupy or use the Premises for any purpose other than the provision of rural fire services and any other purpose incidental thereto, without the prior consent of the respective Council, which shall not be unreasonably withheld or delayed;
(b) not assign the benefit of this licence or grant any sub-licence;
(c) keep the Premises clean and tidy and carry out minor repairs and maintenance in accordance with paragraph 6.3;
(d) comply with all statutes, regulations and ordinances regarding its use of the Premises; and
(e) not deface or alter the Premises without the consent of the respective Council, such consent not to be unreasonably withheld or delayed.
6.7 The Councils will undertake all painting, maintenance and repairs of the Premises involving:
(a) the roof and external structure of the Premises;
(b) any internal or external fittings or fixtures placed by the Councils;
(c) any work that must be carried out by a licensed trades person, including, but not limited to:
(i) electrical repairs and maintenance; and
(ii) plumbing repairs and maintenance; and
(d) maintenance and repair of any air conditioning or heating system.
6.8 The Commissioner will undertake any painting, maintenance and repairs of the Premises involving:
(a) the ceiling and internal structure of the Premises;
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(b) any internal or external fittings or fixtures placed by the Service; and
(c) the lawn, garden and grounds surrounding the Premises.
7. Administrative, Accounting and Maintenance Services 7.1 The Councils will, in consideration of an annual fee of $1.00 payable by the
Service to the Councils, provide to the Commissioner and the Service the administrative, accounting and maintenance services specified in Schedule 5.
7.2 The Councils or their General Manager will delegate to the FCO the functions, specified in Annexure "A" for the purpose of enabling the FCO to utilise the Councils' administrative, accounting and maintenance services.
7.3 The FCO will, in exercising the functions delegated to him or her pursuant to clause 7.2, ensure that they are exercised in accordance with the Councils' policy and procedures.
8. Finance 8.1 The Councils will, in consultation with the Commissioner, by no later than 30
September of each year, submit to the Commissioner an estimate of probable expenditure for the Districts for the next financial year (“the Bid”).
8.2 Following consultation with the Councils, the Commissioner will, by no later than 28 February of each year, submit to the Councils:
(a) a probable allocation of expenditure for the Districts for the next financial year (“the probable allocation”); and
(b) a probable contribution (“the probable contribution”) by the Councils to the New South Wales Rural Fire Fighting Fund (“the Fund”).
8.3 In the event that the Commissioner and the Councils cannot agree upon the contribution of the Councils to the Fund within 28 days of the Commissioner delivering the probable allocation and probable contribution to the Councils pursuant to clause 8.2 the parties will ask the Minister to determine the Councils' contribution pursuant to section 110 of the Act.
8.4 Where the Councils provide funds for the delivery of rural fire services in the Districts in addition to their statutory contribution to the Fund the FCO will, on behalf of the Commissioner, manage those funds in accordance with any relevant policies or directions of the Councils.
8.5 The Councils acknowledges that, in exercising the Council's functions pursuant to this Agreement, the Commissioner:
(a) has unrestricted access to and may expend, in the Commissioners discretion, the monies received by the Councils from the Fund for the delivery of rural fire services in the Districts; and
(b) may, but is not obliged to, expend any monies in addition to those referred to in paragraph (a).
8.6 The Council acknowledges that the funding for expenditure under sections B and C of the Fund estimates process shall, with the exception of the salary and travel costs of the Service staff assigned to the District, continue to be provided on a reimbursement basis.
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8.7 The Council acknowledges that the funding for expenditure for Additional Items of the Fund estimates process along with claims for s44 expenditure from the Fund shall continue to be provided on a reimbursement basis with claims paid within thirty (30) days of the date on which they are submitted provided that such claims are submitted in the proper format with all necessary documentation.
9. Liaison Committee
9.1 The Liaison Committee will consist of 10 members as follows:
(a) one Councillors from each of the Councils appointed by resolution of the Councils;
(b) the General Manager of each of the Councils or his or her delegate;
(c) one volunteer rural fire fighter from each of the Districts appointed by the local branch of the NSW Rural Fire Service Association Inc (“the RFSA”), or, in the absence of a local branch of the RFSA, elected in accordance with the applicable Service Standard;
(d) one member of the Service staff assigned to the Zone nominated by the FCO and approved by the Commissioner; and
(e) the FCO who will be the committee’s Executive Officer.
9.2 The Commissioner, the Councils and the groups or entities which appoint or elect members of the Liaison Committee pursuant to sub-clauses 4.1(c) and (d) respectively may appoint another person to attend any meeting of the Liaison Committee in the event that the person they have elected pursuant to clause 4.1 is unable, for any reason, to attend that meeting.
9.3 The Liaison Committee will:
(a) monitor and periodically review the performance of this Agreement by the Councils and the Service;
(b) review the following documents prepared by the FCO prior to submission to and consideration by the Councils:
(i) the annual budget and business plan; and
(ii) the quarterly financial and performance reports
9.4 The procedures for calling meetings and the conduct of business at those meetings shall be determined by the Liaison Committee.
9.5 Minutes of each meeting of the Liaison Committee must be circulated to each of the Councils, the members of the Liaison Committee and the Commissioner within 2 weeks of the meeting.
9.6 The Liaison Committee is not a committee of the Council or of the Service.
10. Insurance and Related Covenants
10.1 The Councils agree that during the Term they will effect and keep current the following insurances “the Councils' Insurances”:
(a) The Councils' membership of the NSW State-wide Local Government Mutual Liability Scheme or equivalent insurances, as set out in Schedule 6
(b) Property damage and public liability insurance in relation to the Premises;
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(c) Compulsory third party and comprehensive insurance in relation to any motor vehicles which form part of the District Equipment, except where otherwise agreed in writing between the Councils and the Commissioner;
(d) property damage and public liability insurance, third party and comprehensive insurance, in relation to all Premises and District Equipment controlled, occupied or managed by the Commissioner or the Service including, but not limited to:
(i) fire boats, boat motors, pumps and ancillary marine fire fighting equipment;
(ii) wharves, jetties or boat sheds;
(iii) radio base stations;
(iv) radio transmitting towers;
(v) computer paging systems;
(vi) pager repeater sites and towers;
(vii) fire spotting towers; and
(viii) training facilities.
10.2 The FCO may authorise the Executive Committee of a rural fire brigade to effect insurance in relation any specified item or items of equipment that have been purchased by the brigade or its members or which have been donated to the brigade.
10.3 The Commissioner on behalf of the Service covenants with the Councils that the Service will, during the Term, in respect of the Councils' functions under the Act, which the Commissioner has agreed to exercise, effect and keep current the Service’s indemnity coverage with the NSW Treasury Managed Fund (“the TMF Indemnity”) as set out in Schedule 7.
10.4 Indemnity by the Council:
(a) The council agrees to indemnify the Commissioner, the Service, its members and agents from and against all actions, claims, costs, loses, expenses and damages (including the costs of defending or settling any action or claim) in respect of:
(i) Loss of, loss of use of, or damage to property of the Service; or
(ii) Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property;
arising out of or by reason any anything deliberately or negligently done or omitted to be done by the Council, the Council’s officers or employees.
(b) The Council’s liability to indemnify the Commissioner, the Service, its members and agents is reduced proportionally to the extent that a malicious or negligent act or omission of the Commissioner, the Service, its members and agents (other than of the Council) or a breach of this Agreement by the Commissioner has contributed to the injury, damage or loss.
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10.5 Indemnity by the Commissioner and Service:
(a) The Commissioner and Service indemnifies the Council and its agents from and against all actions, claims, costs, loses, expenses and damages (including the costs of defending or settling any action or claim) in respect of:
(i) Loss of, loss of use of, or damage to property of the Council; or
(ii) Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property;
arising out of or by reason any anything deliberately or negligently done or omitted to be done by the Commissioner, the Service or its members.
(c) The liability of the Commissioner and the Service to indemnify the Council is reduced proportionally to the extent that a malicious or negligent act or omission of the Council or employees or agents (other than of the Commissioner or Service) of the Council or a breach of this Agreement by the Council has contributed to the injury, damage or loss.
11. Key Performance Indicators
The Commissioner and the Councils will, in carrying out their obligations under this agreement, endeavour to meet the agreed Key Performance Indicators specified in Schedules 3 and 5.
12. Annual Report and Review 12.1 The Commissioner will submit an annual report to the Councils within 6 weeks of
the end of the financial year.
12.2 Within 6 weeks of the submission of the annual report to the Councils a representative of the Commissioner must meet with the Councils' General Managers or their nominees to review the report and the performance of:
(a) the rural fire services operating in the Zone; and
(b) the Councils in providing the services specified in Schedule 5.
12.3 The Commissioner will, within 3 months of the end of the financial year, submit such reports or information to the Councils as are reasonably required by them to comply with their reporting obligations under the Local Government Act, 1993, including their obligation under section 428 of that Act.
13. Dispute Resolution 13.1 The parties will use their best endeavours to avoid and resolve any disputes in
relation to the performance of their respective obligations under this Agreement.
13.2 In the event that the parties are unable to resolve a dispute, other than in relation to the amount of a Council’s contribution to the Fund, the parties will refer the matter in dispute to a qualified and independent mediator ("the mediator") agreeable to both the Commissioner and the Councils provided that, in the event the parties cannot agree as to the mediator to be appointed within 14 days, the question will be referred to the Minister responsible for administering the Act and the Minister responsible for administering the Local Government Act 1993 (NSW)
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(“the Ministers”) who will appoint the mediator. If the Ministers cannot agree within 14 days, the Premier will appoint the mediator.
13.3 The mediator will convene a mediation conference, and conduct the mediation in accordance with the Lawyers Engaged in Alternative Dispute Resolution (LEADR) Rules. Representatives of the Councils and the Commissioner must attend the mediation conference.
13.4 In the event that the parties are still unable to resolve the matter in dispute at the expiration of 21 days after the conclusion of the mediation the matter in dispute will be referred to the Ministers who will decide the matter. If the Ministers cannot resolve the matter within 21 days, the matter will be resolved by the Premier.
14. Review 14.1 The Commissioner and the Councils agree to conduct a review of this Agreement
in the final six months of the Term.
14.2 The review shall be conducted in such manner and by such persons as may be agreed in writing between the Commissioner and the Councils.
14.3 If as a result of that review the Councils or the Commissioner conclude that amendments to this agreement are required then the Commissioner and the Councils shall use their best endeavours to agree upon the terms of any such amendment or amendments.
15. Termination
This Agreement will terminate:
(a) if any party breaches their obligations under this Agreement and fails to rectify that breach within 21 days of another party giving written notice to the party in default requiring that the breach be rectified;
(b) immediately upon the revocation of, or failure to renew, the delegation;
(c) immediately in the event that the Councils or any of them refuse to advance moneys in respect of maintenance of the District Equipment; or
(d) upon the expiration of six months' notice in writing given by either the Councils or the Commissioner.
16. GST
16.1 The parties acknowledge that the amounts set out in this Agreement as consideration for supplies are calculated without regard to GST.
16.2 If any party to this Agreement (“Supplier") becomes liable to remit GST in respect of a taxable supply made under or in connection with this Agreement, the person to whom that supply is made (“Recipient”) shall, in addition to any other consideration, which the Recipient is required to provide to the Supplier in connection with that taxable supply under other provisions of this Agreement, pay to the Supplier the amount of the Supplier’s GST liability.
16.3 The additional amounts to be paid by the Recipient under paragraph 16.2 will be payable at the same time as the other consideration for that taxable supply is to be provided in accordance with the other provisions of this Agreement.
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16.4 The Supplier will provide to the Recipient a tax invoice for each taxable supply made under or in connection with this Agreement at or before the time the Recipient is required to provide the consideration for that taxable supply.
16.5 The parties will endeavour to minimise the impact of GST on the transactions contemplated by this Agreement and will provide reasonable assistance to one another with regard to the claiming of input tax credits in respect of taxable supplies to which paragraph 16.2 relates.
16.6 “GST” and other terms used in this Clause 16 which are defined under the A New Tax System (Goods and Services Tax ) Act 1999 (Cth) have the meanings provided by that Act. A reference to a party’s liability for GST will include the GST liability of the representative member of any GST group to which that party belongs.
17. Further Assurance The parties covenant and agree that each will do all acts and things and execute all deeds and documents and other writings as are from time to time reasonably required for the purposes of or to give effect to this Agreement.
18. Governing Law This Agreement will be governed by and construed in accordance with the laws of New South Wales.
19. Waiver No waiver of any breach of this Agreement will be held or construed to be a waiver of any other subsequent or antecedent breach of this Agreement.
20. Notices 20.1 All notices, requests, consents, and other documents authorised or required to be
given by or under this Agreement will be given in writing and either personally served or sent by facsimile transmission ("fax") addressed as follows:
The Commissioner
To: The Commissioner
Address: 15 Carter Street
Homebush Bay NSW 2127
Fax No.: (02) 9684 1306
The Councils
To: The General Manager
Kiama Municipal Council
Address: PO Box 75 Kiama NSW 2533
Fax No.: (02) 4232 0555
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To: The General Manager
Shellharbour City Council
Address: PO Box 155 Shellharbour City Centre NSW
Fax No.: (02) 4221 6016
To: The General Manager
Wollongong City Council
Address: Locked Bag 8821 Wollongong 2500
Fax No.: (02) 4227 7277
20.2 Notices, requests, consents and other documents ("Notices") will be deemed served or given:
(a) if personally served by being left at the address of the party to whom the Notice is given between the hours of 9.00am and 5.00 pm on any Business Day, then in such case at the time the Notice is so delivered;
(b) if sent by fax, then in such case when successfully transmitted during business hours, or if not during business hours, then when business hours next commence.
20.3 Any party may change its address for receipt of Notices at any time by giving notice of such change to the other party. Any Notice given under this Agreement may be signed on behalf of any party by the duty authorised representative of that party and will be sent to all parties to this Agreement.
21. Counterparts This Agreement may be signed in any number of counterparts and all such counterparts taken together will be deemed to constitute one and the same document.
22. Modification This Agreement may not be modified, amended, added to or otherwise varied except by a document in writing signed by each of the parties.
23. Legal Costs Each party will bear their own legal costs in relation to this Agreement.
24. Entire Agreement This Agreement comprises the entire agreements between the parties and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in this Agreement will have any effect from the date of this Agreement.
25. Severability In the event that part of all of any clause of this Agreement is held to be illegal or unenforceable it will be severed from this Agreement and it will not effect the continued operation of the remaining provisions of this Agreement.
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 131
Wollongong City Council
Signed as an agreement.
The Common Seal of Kiama Municipal Council was affixed in pursuance of a resolution passed by the Council on the day of 2007 in the presence of:
Mayor
General Manager
The Common Seal of Shellharbour City Council was affixed in pursuance of a resolution passed by the Council on the day of 2007 in the presence of:
Mayor
General Manager
The Common Seal of Wollongong City Council was affixed in pursuance of a resolution passed by the Council on the day of 2007 in the presence of:
Mayor
General Manager
Page 132 ATTACHMENT 1 - Draft Rural Fire District Service Agreement
Wollongong City Council
Signed by Shane Fitzsimmons AFSM Acting Commissioner, NSW Rural Fire Service in the presence of:
Signature
Signature of Witness Name of Witness in full
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 133
Wollongong City Council
Annexure A
Instrument of Delegation
We,
Michael Forsyth, General Manager of Kiama Municipal Council, and
Brian Weir, General Manager of Shellharbour City Council, and
David Farmer, General Manager of Wollongong City Council,
pursuant to Section 378(1) of the Local Government Act 1993, (NSW), hereby delegate to:
the Fire Control Officer Richard Thomas COTTERILL, or any person acting officially in his capacity from time to time, authorisation subject to compliance with any policy, regulation or resolution of the Councils, or directive of an authorised officer of the Councils:
1. to act as an authorised person within the meaning of the Local Government Act, 1993
2. to carry on the regular fire protection services and operations of Council, within the sums voted by the Councils for expenditure thereon, to create sundry debtor and other accounts within Councils’ financial management systems
3. to approve works to be undertaken by contractors, individuals or government instrumentalities in accordance with Council guidelines and carry out works within the allocated budgets of the Councils
4. to commit the rural fire fighting resources vested in the Councils, as required
5. to enter any land in accordance with the powers granted under any Act administered by the Councils, for the purposes of carrying out duties on behalf of the Councils
6. to approve any functions defined within Schedule 5 of this agreement
Such delegations to take effect from 1 July 2007 and to continue until 30 June 2010.
Page 134 ATTACHMENT 1 - Draft Rural Fire District Service Agreement
Wollongong City Council
Signed by Michael Forsyth this day of in the presence of:
Signature
Signature of Witness Name of Witness in full
Signed by Brian Weir this day of in the presence of:
Signature
Signature of Witness Name of Witness in full
Signed by David Farmer this day of in the presence of:
Signature
Signature of Witness Name of Witness in full
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 135
Wollongong City Council
RURAL FIRE DISTRICT SERVICE AGREEMENT – ILLAWARRA - SCHEDULE 1
Part 1 The functions imposed on the Council in:
(a) sections:
7, 12A, 37(3), 60(2), 60(6), 62, 63, 64, 65,74C(3), 74G(2), 74H 76, 77, 79, 95, 83(1)(a), 100E(2)(b) & (c), 100G, 100H, 104, 109, 110, 119 (save clause 5), 120 and 126; and
(b) regulations:
15(a), 33 and 38. Other functions imposed on Council that will not be conferred (if any): (a) sections: Not applicable
Part 2 The Council will:
(a) deliver a written report to the Commissioner setting out the information specified in sub-sections:
(i) 74(2)(a); and
(ii) where it has carried out any activities to reduce bush fire hazards on managed land independently of the Service, 74(3)
of the Act within one month of the end of the Financial Year;
(b) deliver to the Commissioner any bush fire hazard complaint it receives within five (5) business days of its receipt by the Council;
(c) investigate any complaints it may receive (from any source) and, if it considers it appropriate, commence proceedings in relation to any breach of the provisions of the Environmental Planning and Assessment Act, 1979 (NSW), arising out of an alleged failure to carry out bush fire hazard reduction work in accordance with sub-section 100C(3) of the Act;
(d) upon request, provide the Service with the following datasets for use in undertaking assessments in accordance with the Bush Fire Environmental Assessment Code on behalf of Council:
Page 136 ATTACHMENT 1 - Draft Rural Fire District Service Agreement
Wollongong City Council
Data Type Format
Bird/ bat colonies GIS layer or hard copy map if available.
Rainforest / Wetland locations other than SEPP 26 & SEPP 14
GIS layer or hard copy map if available.
SEPP 14 wetlands GIS layer if available and hard copy map, where these exist within the LGA
SEPP 26 rainforest GIS layer if available and hard copy map, where these exist within the LGA
A map of significant environmental features from the LEP that may be effected by hazard reduction activities.
GIS layer if available and hard copy map, including appropriate conditions required to reduce the impacts of the effects of mechanical HR and burning.
Weeds map GIS layer if available and hard copy map if available
Heritage sites GIS layer if available and hard copy map if available
Data Format
When Council sends GIS data to the Service the data should be in accordance with the following:
(i) data should be in ArcView shape, MapInfo mid/mif or MapInfo tab format; and
(ii) the data must include all attached files that are required for display and storage of the data. Eg. MapInfo tab file including .tab/.dat/.id/.map/.ind.
The mechanisms for delivering GIS datasets to the Service are as follows:
• All map data must be sent to the NSW Rural Fire Service GIS Services Unit.
• Files sent electronically may be emailed to [email protected]
• Files sent electronically (i.e. Email) must have all files saved into WinZip files and attached to the email. Each WinZip file will include all applicable files.
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 137
Wollongong City Council
• Files sent by post should be addressed to: -
The Commissioner NSW Rural Fire Service GIS Services Unit Locked Mail Bag 17, Granville NSW 2142
Files may be sent to the Service via normal postal service. Files sent in this way must be copied to a standard Compact Disk (CD). The CD must be posted in a package that has been specifically designed for CD postage. CD’s should be a closed session and written for standard CD reader access;
(e) upon request, provide the Service with the following data for use in undertaking assessments in accordance with the Bush Fire Environmental Assessment Code on behalf of Council:
(i) property address; and
(ii) property ownership.
This data will be required when the Service is to undertake assessments of individual applications. Where requested this information must be provided by Council within 2 working days; and
(f) carry out the obligations in clauses 5 to 11 inclusive of this agreement.
Page 138 ATTACHMENT 1 - Draft Rural Fire District Service Agreement
Wollongong City Council
RURAL FIRE DISTRICT SERVICE AGREEMENT – ILLAWARRA - SCHEDULE 2
Premises that the Commissioner will occupy and use in the execution of this Service Agreement
Description Address Registered
Owner
Title Particulars
(Lot & DP)
Kiama Municipal Council
Carrington Falls
Rural Fire Station
391 Cloonty Road
Carrington Falls
Mr D. R. Turner
(387 Cloonty Rd)
Lot 91
DP 8085550
Jamberoo
Rural Fire Station
1 Young Street
Jamberoo
Kiama Council Lot 11
DP 580842
Gerringong
Rural Fire Station
Blackwood Street
Gerringong
Kiama Council Lot 48
DP 25008
Foxground
Rural Fire Station
205 Foxground Road
Foxground
Mr J. T. Ward
(163 Foxground Rd)
Lot 302
DP 7903071
Shellharbour City Council
Calderwood
Rural Fire Station
409 Calderwood Rd
Calderwood
Shellharbour Council Lot 101
DP 627557
Albion Park
Rural Fire Station
Tongarra Road
Albion Park
Shellharbour Council Lot 1000
DP813443
Oak Flats
Rural Fire Station
Fisher Street
Oak Flats
Shellharbour Council Lot 2
DP 233321
Dunmore
Rural Fire Station
19 Shellharbour Rd
Dunmore
Shellharbour Council Lot 101
DP 566417
Kiama/Shellharbour
Fire Control Centre
127 Tongarra Road
Albion Park
Shellharbour Council Lot Part 27
DP 1111472
Wollongong City Council
Wollongong Fire Control Centre,
HQ & Bulli
Rural Fire Stations
8 Dumbrell Road
Bulli
Wollongong Council Lot 100
DP 857472
Austinmer Buttenshaw Drive Wollongong Council Part Lot 3
ATTACHMENT 1 - Draft Rural Fire District Service Agreement Page 139
Wollongong City Council
Rural Fire Station Austinmer DP 752054
Dapto
Rural Fire Station
Wongawilli Road
Wongawilli
Wollongong Council Part Lot 42
DP 751278
Darkes Forest
Rural Fire Brigade
Darkes Forest Road
Darkes Forest
Wollongong Council Lot 65
DP 752054
Farmborough Hts
Rural Fire Station
Bardes Crescent
Farmborough Hts
Wollongong Council Lot 1
DP 569201
Helensburgh
Rural Fire Station
185A Parkes Street
Helensburgh
Wollongong Council Lot 894
DP 752033
Mt Keira
Rural Fire Station
Mt Keira Road
Mt Keira
Wollongong Council Lot 310
DP 1080848
Mt Kembla
Rural Fire Station
294 Cordeaux Road
Mt Kembla
Wollongong Council Lot 201
DP 634342
Otford
Rural Fire Station
Otford Road
Otford
Wollongong Council Lot 5
DP 752018
Stanwell Park
Rural Fire Station
Lawrence Hargrave Drive
Stanwell Park
Wollongong Council Lot 101
DP 707309
Page 140 ATTACHMENT 1 - Draft Rural Fire District Service Agreement
Wollongong City Council
RURAL FIRE DISTRICT SERVICE AGREEMENT – ILLAWARRA - SCHEDULE 4
Items included in this schedule are detailed on the following Rural Fire Service databases:
• Fleet assets – RFS Red Fleet • Radio assets – RFS Mobile Radio Survey • Equipment assets – SLAAM (Service Level Agreement Assets Module)
The Commissioner will:
1. maintain these databases to ensure that the information contained therein remains accurate.
2. present a report to each District Liaison Committee meeting detailing any changes to this data
3. provide a current printed copy of this data to Councils on their request
AT
TA
CH
ME
NT
1 -
Dra
ft R
ural
Fir
e D
istr
ict
Ser
vice
Agr
eem
ent
Pag
e 14
1
Wol
long
ong
Cit
y C
ounc
il
KEY
RES
ULT
AR
EA
FIN
AN
CIA
L SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PER
FOR
MA
NC
E IN
DIC
ATO
RS
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
FS1
S7
Fina
ncia
l Man
agem
ent
Man
age
fund
s al
loca
ted
by C
ounc
il in
clud
ing
purc
hase
and
pr
ocur
emen
t sys
tem
s.
Pet
ty C
ash
Man
agem
ent
Faci
litat
e M
anag
emen
t of
Cou
ncil
Purc
hase
O
rder
s ra
ised
by
RFS
in
clud
ing
acco
unts
pa
yabl
e/re
ceiv
able
Mai
ntai
n pe
tty
cash
floa
t ba
lanc
e to
$10
0 O
rder
s ra
ised
, de
liver
ed a
nd
acco
unts
pai
d w
ithin
an
appr
opria
te ti
me
perio
d
Mai
ntai
n flo
at in
ac
cord
ance
with
C
ounc
il P
olic
y O
rder
s ra
ised
w
ithin
1 w
orki
ng
day
and
deliv
ered
upo
n re
ques
t.
Acc
ount
s pa
id
with
in p
erio
d sp
ecifi
ed b
y cr
edito
rs.
Dai
ly
Dai
ly
FS2
S8
Sub
mis
sion
of A
nnua
l E
stim
ates
R
FFF
Est
imat
es b
id
subm
itted
ann
ually
C
onsu
lt w
ith F
CO
to
faci
litat
e ap
prov
al a
nd
sign
off
of p
repa
red
Est
imat
es b
id
Est
imat
es b
id
sign
ed a
nd
subm
itted
by
due
date
Sep
tem
ber
Ann
ually
FS3
S7
Rev
iew
Bud
get a
lloca
tion
Mon
itor B
udge
t ex
pend
iture
aga
inst
al
loca
tion
Und
erta
ke q
uarte
rly
Bud
get R
evie
ws
Pro
vide
nom
inat
ed
staf
f with
regu
lar u
p to
da
te c
ost r
epor
ts
Qua
rterly
Mtg
s w
ith re
leva
nt
Fina
ncia
l Sta
ff C
ost r
epor
ts
prov
ided
in a
tim
ely
man
ner
Mee
tings
hel
d ea
ch fi
nanc
ial
quar
ter
Rep
orts
pro
vide
d w
ithin
2 w
orki
ng
days
of r
eque
st
Qua
rterly
A
s re
ques
ted
Pag
e 14
2 A
TT
AC
HM
EN
T 1
- D
raft
Rur
al F
ire
Dis
tric
t S
ervi
ce A
gree
men
t W
ollo
ngon
g C
ity
Cou
ncil
KEY
RES
ULT
AR
EA
FIN
AN
CIA
L SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
FS4
S7
Pro
vide
acc
ess
to
supp
liers
/cre
dito
rs a
s re
quire
d by
FC
O
Cre
dite
d su
pplie
rs
avai
labl
e to
RFS
vi
a C
ounc
il fin
anci
al
man
agem
ent p
olic
y
Cre
dite
d su
pplie
rs
appr
oved
in
acco
rdan
ce w
ith
Cou
ncil
Pol
icy
Cre
dite
d su
pplie
rs
avai
labl
e as
re
quire
d
With
in 5
wor
king
da
ys
As
requ
este
d
FS5
S8
Pro
vide
Fin
anci
al s
uppo
rt to
S
ectio
n 44
dec
lara
tions
Fu
nds
mad
e av
aila
ble
to s
uppo
rt S
ectio
n 44
op
erat
ions
(sub
ject
to
reim
burs
emen
t)
Mai
ntai
n pr
ojec
t/lin
e ite
m fo
r Sec
tion
44
expe
nditu
re
Acc
ount
s ra
ised
as
requ
este
d fo
r S
ectio
n 44
pu
rcha
ses
100%
A
s re
ques
ted
K
EY R
ESU
LT A
REA
M
AIN
TEN
AN
CE
SER
VIC
ES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
MS
1 S
ec 5
E
quip
men
t Mai
nten
ance
P
rovi
de
mai
nten
ance
and
re
pair
serv
ices
for
equi
pmen
t lis
ted
in
Sch
edul
e 4
incl
udin
g m
otor
ve
hicl
es, p
lant
and
ge
nera
l equ
ipm
ent
Pro
vide
equ
ipm
ent
mai
nten
ance
in
acco
rdan
ce w
ith
Ser
vice
Sta
ndar
ds
and/
or re
leva
nt
Reg
ulat
ions
or
Legi
slat
ion
All
equi
pmen
t m
aint
aine
d to
the
nece
ssar
y st
anda
rd
100%
da
ily
AT
TA
CH
ME
NT
1 -
Dra
ft R
ural
Fir
e D
istr
ict
Ser
vice
Agr
eem
ent
Pag
e 14
3
Wol
long
ong
Cit
y C
ounc
il
KEY
RES
ULT
AR
EA
MA
INTE
NA
NC
E SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
MS
2 S
ec 5
P
rovi
de a
cces
s to
fuel
s/oi
ls fo
r R
FS fl
eet/p
lant
B
rigad
es h
ave
timel
y ac
cess
to
fuel
and
sim
ilar
supp
lies
Dev
elop
and
mai
ntai
n pr
oces
ses
to fa
cilit
ate
supp
ly
Brig
ades
acc
ess
fuel
as
requ
ired
100%
da
ily
MS
3 S
ec 5
P
rovi
de o
r allo
w fo
r em
erge
ncy
brea
kdow
n se
rvic
e to
RFS
ve
hicl
es a
nd p
lant
Tim
ely
resp
onse
pr
ovid
ed to
br
eakd
own
of
equi
pmen
t
Em
erge
ncy
brea
kdow
n sy
stem
initi
ated
C
ounc
il to
pr
ovid
e em
erge
ncy
brea
kdow
n se
rvic
e or
acc
ess
to s
ame
With
in 2
hou
rs
As
requ
este
d
MS
4 S
6 B
uild
ing
mai
nten
ance
M
aint
ain
prem
ises
lis
ted
in S
ched
ule
2 in
acc
orda
nce
with
te
rms
of th
e S
ervi
ce A
gree
men
t
Ens
ure
prem
ises
list
ed
in S
ched
ule
2 ar
e m
aint
aine
d to
a
habi
tabl
e st
anda
rd
Bui
ldin
gs
conf
orm
to O
HS
an
d bu
ildin
g st
anda
rds
100%
A
s re
quire
d
MS
5 S
6 P
rovi
de w
aste
ser
vice
s to
pr
emis
es li
sted
in S
ched
ule
2 P
rem
ises
list
ed in
S
ched
ule
2 pr
ovid
ed w
ith
garb
age
and
efflu
ent s
ervi
ce
Cou
ncil
to e
ngag
e co
ntra
ctor
s fo
r was
te
rem
oval
of a
ll bu
ildin
gs
liste
d in
Sch
edul
e 2
All
prem
ises
m
aint
aine
d to
hy
gien
ic
stan
dard
s
100%
A
s re
quire
d
MS
6 S
6 C
lean
ing
of F
ire C
ontro
l Cen
tre
and
amen
ities
C
ounc
il to
faci
litat
e sc
hedu
led
clea
ning
fo
r FC
C
Cou
ncil
to p
rovi
de
clea
ner f
or F
CC
and
am
eniti
es a
s ag
reed
up
on
Fire
Con
trol
Cen
tre a
nd
amen
ities
cl
eane
d on
a
regu
lar b
asis
100%
P
er
agre
emen
t
Pag
e 14
4 A
TT
AC
HM
EN
T 1
- D
raft
Rur
al F
ire
Dis
tric
t S
ervi
ce A
gree
men
t W
ollo
ngon
g C
ity
Cou
ncil
KEY
RES
ULT
AR
EA
MA
INTE
NA
NC
E SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
IT1
Sch
1
part
2 P
rovi
de s
uppo
rt to
dev
elop
in
frast
ruct
ure
to a
llow
RFS
ac
cess
to C
ounc
il’s
onlin
e G
IS
appl
icat
ions
Faci
litat
e re
al ti
me
acce
ss a
nd IT
su
ppor
t to
Cou
ncil
GIS
sys
tem
s
Pro
vide
sta
ff ac
cess
to
Cou
ncil
onlin
e G
IS
syst
ems
and
IT
supp
ort
Nom
inat
ed R
FS
staf
f hav
e lo
cal
acce
ss a
nd IT
su
ppor
t to
onlin
e G
IS s
yste
ms
100%
D
aily
(sub
ject
to
de
velo
pmen
t an
d fu
ndin
g of
pro
gram
s)
IT2
S7
Pro
vide
sup
port
to d
evel
op
infra
stru
ctur
e to
allo
w R
FS
acce
ss to
Cou
ncil’
s on
line
finan
cial
app
licat
ions
Faci
litat
e re
al ti
me
acce
ss a
nd IT
su
ppor
t to
Cou
ncil
proc
urem
ent
syst
em
Pro
vide
sta
ff ac
cess
an
d IT
sup
port
to
Cou
ncil
onlin
e Fi
nanc
ial M
anag
emen
t S
yste
ms
Nom
inat
ed R
FS
staf
f hav
e lo
cal
acce
ss a
nd IT
su
ppor
t to
onlin
e fin
anci
al
appl
icat
ions
100%
D
aily
(sub
ject
to
de
velo
pmen
t an
d fu
ndin
g of
pro
gram
s)
K
EY R
ESU
LT A
REA
EN
VIR
ON
MEN
TAL
SER
VIC
ES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
ES
1 S
ch
1 pa
rt 2
Tim
ely
prov
isio
n of
info
rmat
ion
to R
FS in
rela
tion
to h
azar
d co
mpl
aint
s
Bus
h Fi
re h
azar
d co
mpl
aint
s re
ferr
ed
to th
e R
FS in
ap
prov
ed fo
rmat
Bus
h Fi
re h
azar
d co
mpl
aint
s re
ceiv
ed b
y C
ounc
il ar
e re
ferr
ed to
R
FS in
writ
ing
Haz
ard
com
plai
nts
are
forw
arde
d to
RFS
in
clud
ing
deta
ils
of:
Com
plai
nant
With
in 2
wor
king
da
ys
As
requ
ired
AT
TA
CH
ME
NT
1 -
Dra
ft R
ural
Fir
e D
istr
ict
Ser
vice
Agr
eem
ent
Pag
e 14
5
Wol
long
ong
Cit
y C
ounc
il
KEY
RES
ULT
AR
EA
ENVI
RO
NM
ENTA
L SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
ES
2 S
ch
1 pa
rt 2
Pro
vide
dat
a to
sup
port
BFM
C
RFS
sta
ff ha
ve
acce
ss to
the
rele
vant
GIS
dat
a to
mee
t nee
ds o
f th
e B
ush
Fire
M
anag
emen
t C
omm
ittee
Pro
vide
RFS
with
the
follo
win
g da
ta s
ets
for
use
by th
e Ill
awar
ra
Bus
h Fi
re
Man
agem
ent
Com
mitt
ee:
Cou
ncil
rese
rves
and
fir
e tra
il da
ta
Rur
al n
umbe
ring
syst
em
End
ange
red
ecol
ogic
al
com
mun
ities
Cur
rent
rele
vant
da
ta p
rovi
ded
to
the
RFS
with
in
the
requ
ired
timef
ram
e
100%
O
n re
ques
t
Pag
e 14
6 A
TT
AC
HM
EN
T 1
- D
raft
Rur
al F
ire
Dis
tric
t S
ervi
ce A
gree
men
t W
ollo
ngon
g C
ity
Cou
ncil
KEY
RES
ULT
AR
EA
ENVI
RO
NM
ENTA
L SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
ES
3 S
ec 4
P
rovi
de d
ata
to e
nabl
e R
FS to
un
derta
ke C
ounc
il’s
dele
gate
d fu
nctio
ns
RFS
sta
ff ha
ve
acce
ss to
the
rele
vant
GIS
dat
a in
ord
er to
fulfi
l the
ir de
lega
ted
func
tions
fro
m C
ounc
il
Pro
vide
RFS
with
the
follo
win
g da
ta s
ets:
B
ush
Fire
E
nviro
nmen
tal
Ass
essm
ent C
ode
Cur
rent
Aer
ial
phot
ogra
phy
Cad
astra
l dat
a La
nd o
wne
rshi
p da
ta
LEP
/SE
PP
dat
a C
ounc
il re
serv
es a
nd
fire
trail
data
Cur
rent
rele
vant
da
ta p
rovi
ded
to
the
RFS
with
in
the
requ
ired
timef
ram
e
100%
O
n re
ques
t
ES
4 E
P &
A
Act
S
ec 1
46
Mai
ntai
n a
cons
ulta
tive
envi
ronm
ent b
etw
een
RFS
and
C
ounc
ils in
rela
tion
to B
ushf
ire
pron
e la
nd
Nom
inat
ed R
FS
staf
f are
con
sulte
d in
rela
tion
to
prop
osed
var
iatio
ns
to th
e B
ush
Fire
P
rone
Lan
d M
aps
Nom
inat
ed R
FS s
taff
to b
e co
ntac
ted
in
rela
tion
to p
ropo
sed
chan
ges
to th
e B
ush
Fire
Pro
ne L
and
Map
s
No
varia
tions
are
m
ade
to th
e B
ush
Fire
Pro
ne L
and
Map
s w
ithou
t co
nsul
tatio
n w
ith
RFS
Illa
war
ra
Com
mun
ity
Saf
ety
Offi
cer
100%
A
s re
quire
d
AT
TA
CH
ME
NT
1 -
Dra
ft R
ural
Fir
e D
istr
ict
Ser
vice
Agr
eem
ent
Pag
e 14
7
Wol
long
ong
Cit
y C
ounc
il
KEY
RES
ULT
AR
EA
ENVI
RO
NM
ENTA
L SE
RVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
ES
5
E P
& A
A
ct
Sec
79
Sec
4
Ens
ure
that
the
Dev
elop
men
t A
pplic
atio
n A
sses
smen
t pro
cess
is
und
erta
ken
in a
ccor
danc
e w
ith
requ
irem
ents
Sec
tion
79B
A
Dev
elop
men
t A
pplic
atio
ns a
re
forw
arde
d to
RFS
as
dee
med
ne
cess
ary
S79
BA
Dev
elop
men
t A
pplic
atio
ns a
re
refe
rred
to R
FS in
a
timel
y m
anne
r with
the
appr
opria
te a
nd
nece
ssar
y do
cum
enta
tion
Rel
evan
t DA
’s
refe
rred
to R
FS
as s
oon
as
prac
ticab
le
Ref
erre
d D
A’s
ar
e to
incl
ude
the
follo
win
g in
form
atio
n:-
App
ropr
iate
Bus
h Fi
re H
azar
d A
sses
smen
t C
opie
s of
dr
awin
gs a
nd
spec
ifica
tions
100%
R
evie
wed
qu
arte
rly
ES
6 S
ch
1 pa
rt 2
Pro
vide
sup
port
to R
FS in
re
latio
n to
ass
essm
ent o
f en
viro
nmen
tal i
mpa
cts
and
asso
ciat
ed m
atte
rs
Nec
essa
ry le
vel o
f C
ounc
il su
ppor
t pr
ovid
ed to
RFS
Pro
vide
pe
rson
nel/m
ater
ial o
r ot
her e
xper
t sup
port
Ass
ista
nce
and/
or s
uppo
rt pr
ovid
ed to
RFS
w
here
it is
id
entif
ied
that
C
ounc
il re
sour
ces
are
appr
opria
te fo
r us
e
100%
A
s re
quire
d
Pag
e 14
8 A
TT
AC
HM
EN
T 1
- D
raft
Rur
al F
ire
Dis
tric
t S
ervi
ce A
gree
men
t W
ollo
ngon
g C
ity
Cou
ncil
KEY
RES
ULT
AR
EA
AD
MIN
ISTR
ATI
VE S
ERVI
CES
REF
.No
SOU
RC
E K
EY S
TRA
TEG
IES
KEY
PE
RFO
RM
AN
CE
IND
ICA
TOR
S
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
AS
1 S
7 P
rovi
de A
dmin
istra
tive
supp
ort
whe
re a
ppro
pria
te
Adm
inis
trativ
e su
ppor
t is
prov
ided
fo
r Bus
h Fi
re
Man
agem
ent
Com
mitt
ee
Mee
tings
; D
istri
ct L
iais
on
Com
mitt
ee
Mee
tings
and
S
ectio
n 44
op
erat
ions
Pro
vide
ade
quat
e ad
min
istra
tive
supp
ort
to M
eetin
gs a
nd
oper
atio
ns
Eac
h C
ounc
il co
mm
its to
pr
ovid
ing
Adm
inis
trativ
e su
ppor
t on
a ro
tatin
g ba
sis
for
mee
tings
E
ach
Cou
ncil
cons
ider
s pr
ovis
ion
of
Adm
inis
trativ
e su
ppor
t for
S
ectio
n 44
op
erat
ions
100%
A
s re
quire
d
As
per
Mee
ting
sche
dule
O
n re
ques
t
AS
2 S
7 P
rovi
de m
ater
ial s
uppo
rt fo
r ad
min
istra
tive
func
tions
R
FS h
as a
cces
s to
ap
prop
riate
re
sour
ces
to
mai
ntai
n ad
min
istra
tive
func
tions
With
in d
efin
ed b
udge
ts
prov
ide
the
follo
win
g:-
Sta
tione
ry it
ems
(pho
toco
pier
cos
ts,
phot
ocop
ier p
aper
, to
ner e
tc)
Pro
vide
acc
ess
to
Cou
ncil
prin
ting
serv
ices
, gra
phic
de
sign
, artw
ork
etc
RFS
mai
ntai
ns
suffi
cien
t st
atio
nery
re
sour
ces
RFS
prin
ting
need
s m
et b
y C
ounc
il
100%
10
0%
Dai
ly
As
requ
ired
AT
TA
CH
ME
NT
1 -
Dra
ft R
ural
Fir
e D
istr
ict
Ser
vice
Agr
eem
ent
Pag
e 14
9
Wol
long
ong
Cit
y C
ounc
il
KEY
RES
ULT
AR
EA
OTH
ER S
ERVI
CES
R
EF.N
o SO
UR
CE
KEY
STR
ATE
GIE
S K
EY
PER
FOR
MA
NC
E IN
DIC
ATO
RS
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
OS
1 S
7 E
nsur
e no
min
ated
RFS
sta
ff ar
e co
mpe
tent
in th
e us
e of
rele
vant
C
ounc
il ap
plic
atio
ns
RFS
is c
onsu
lted
in
rela
tion
to a
ny
train
ing
rele
vant
to
RFS
/Cou
ncil
func
tions
Liai
se w
ith R
FS s
taff
to
faci
litat
e ac
cess
to
Cou
ncil
train
ing
Con
sulta
tive
proc
ess
esta
blis
hed
Nom
inat
ed R
FS
staf
f com
pete
nt in
th
e us
e of
Cou
ncil
appl
icat
ions
100%
R
evie
wed
qu
arte
rly
OS
2 A
nnex
A
P
rovi
de p
lant
as
requ
ired
to
supp
ort b
ush
fire
rela
ted
activ
ities
and
oth
er e
mer
genc
ies
Pla
nt a
nd/o
r oth
er
reso
urce
s pr
ovid
ed
in s
uppo
rt of
fire
an
d em
erge
ncy
oper
atio
ns
Pro
visi
on o
f pla
nt
and/
or o
ther
reso
urce
s fo
r em
erge
ncy
oper
atio
ns
All
reso
urce
s w
ithin
2 h
ours
of
requ
est b
y R
FS
100%
A
s re
ques
ted
OS
3 S
7 A
cces
s to
fac
ilitie
s fo
r RFS
or
asso
ciat
ed fu
nctio
ns
Whe
re re
quire
d R
FS h
as a
cces
s to
C
ounc
il m
anag
ed
faci
litie
s fo
r fu
nctio
ns
Pro
vide
acc
ess
to
suita
ble
Cou
ncil
faci
litie
s
Sui
tabl
e fa
cilit
ies
avai
labl
e fo
r lar
ge
mee
tings
, tra
inin
g,
cere
mon
ies
etc
Ava
ilabl
e su
bjec
t to
budg
et a
nd
avai
labi
lity
cons
train
ts
As
requ
este
d
OS
4 S
8 P
rovi
de fo
r sus
tena
nce
at R
FS
activ
ities
S
uste
nanc
e ne
eds
are
met
in re
latio
n to
loca
lly a
rrang
ed
activ
ities
Est
ablis
h bu
dget
item
to
allo
w fo
r pur
chas
e of
sus
tena
nce
Bud
get e
stab
lishe
d S
uste
nanc
e pr
ovid
ed a
s re
quire
d
100%
R
evie
wed
qu
arte
rly
Pag
e 15
0 A
TT
AC
HM
EN
T 1
- D
raft
Rur
al F
ire
Dis
tric
t S
ervi
ce A
gree
men
t W
ollo
ngon
g C
ity
Cou
ncil
KEY
RES
ULT
AR
EA
OTH
ER S
ERVI
CES
R
EF.N
o SO
UR
CE
KEY
STR
ATE
GIE
S K
EY
PER
FOR
MA
NC
E IN
DIC
ATO
RS
PRO
GR
AM
S O
R
AC
TIO
NS
PER
FOR
MA
NC
E IN
DIC
ATO
RS
CU
RR
ENT
TAR
GET
PE
RFO
RM
AN
CE
TIM
EFR
AM
E
OS
5 S
7 M
aint
ain
supp
ly a
nd s
uppo
rt of
te
leco
mm
unic
atio
ns s
yste
ms
prov
ided
by
Cou
ncil
Tele
com
mun
icat
ion
syst
ems
mai
ntai
ned
to a
n ef
fect
ive
stan
dard
Est
ablis
h an
d m
aint
ain
an e
ffect
ive
proc
ess
to
ensu
re c
ontin
uity
of
tele
com
mun
icat
ion
syst
ems
Tele
com
mun
icat
ion
infra
stru
ctur
e is
m
aint
aine
d an
d fa
ilure
s re
ctifi
ed
imm
edia
tely
100%
D
aily
OS
6 S
7 M
aint
ain
the
curr
ency
of C
ounc
il in
form
atio
n an
d da
ta
RFS
pro
vide
d w
ith
regu
lar u
pdat
es to
in
tern
al C
ounc
il pr
oces
ses
and
polic
ies
Pro
vide
Cou
ncil
Pol
icy
man
uals
and
upd
ates
P
rovi
de C
ounc
il co
ntac
t dire
ctor
y up
date
s in
clud
ing
afte
r ho
urs
cont
act l
istin
gs
Info
rmat
ion
rele
vant
and
cu
rren
t
100%
A
s up
date
d