Rural Fire Service Proposed Service Level Agreement

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Wollongong City Council

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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


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

Page 118 ATTACHMENT 1 - Draft Rural Fire District Service Agreement


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



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.



(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



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



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



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;



(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.



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;



(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.



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)



(“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.



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




Shellharbour City Council

Address: PO Box 155 Shellharbour City Centre NSW

Fax No.: (02) 4221 6016



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.



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



Signed by Shane Fitzsimmons AFSM Acting Commissioner, NSW Rural Fire Service in the presence of:

Signature

Signature of Witness Name of Witness in full



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.



Signed by Michael Forsyth this day of in the presence of:

Signature


Signed by Brian Weir this day of in the presence of:

Signature


Signed by David Farmer this day of in the presence of:

Signature




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:



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.



• 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.




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


DP813443

Oak Flats

Rural Fire Station

Fisher Street

Oak Flats


DP 233321

Dunmore

Rural Fire Station

19 Shellharbour Rd

Dunmore


DP 566417

Kiama/Shellharbour

Fire Control Centre

127 Tongarra Road

Albion Park

Shellharbour Council Lot Part 27

DP 1111472


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



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


DP 752054

Farmborough Hts

Rural Fire Station

Bardes Crescent

Farmborough Hts


DP 569201

Helensburgh

Rural Fire Station

185A Parkes Street

Helensburgh


DP 752033

Mt Keira

Rural Fire Station

Mt Keira Road

Mt Keira


DP 1080848

Mt Kembla

Rural Fire Station

294 Cordeaux Road

Mt Kembla


DP 634342

Otford

Rural Fire Station

Otford Road

Otford


DP 752018

Stanwell Park

Rural Fire Station

Lawrence Hargrave Drive

Stanwell Park


DP 707309




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

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R

AC

TIO

NS

PER

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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

Date post:	11-Feb-2022
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Rural Fire Service Proposed Service Level Agreement

Documents