2005-041 Authorize the Execution of an Agreement for Fire Dispatch Services with BarrieTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-041
Being a By-law to Authorize the Execution of an Agreement
for Fire Dispatch Services between the Township of Oro-Medonte
and the City of Barrie
WHEREAS Section 20 (1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended,
provides that municipalities may enter into agreements with other municipalities for joint
undertakings;
AND WHEREAS the Township of Oro-Medonte and the City of Barrie are desirous of
entering into an agreement for Fire Dispatch Services;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
That the Township of Oro-Medonte enter into an agreement with the City of
Barrie for Fire Dispatch Services, such agreement being attached to and forming
part of this by-law as Appendix `A' together with Schedules "A", "B" and "C" of the
agreement;
2. That the Mayor and Clerk are hereby authorized to execute the agreement on
behalf of the Corporation.
3. That this By-law shall come into full force and effect on its final passing thereof.
READ A FIRST AND SECOND TIME THIS 20th DAY OF APRIL, 2005.
READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF APRIL, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Va'yor, J. Neil Craig
Clerk, Maril Pennycooi,A
Appendix 'A' to
By-law No. 5-041
THIS AGREEMENT made this Othday of April 20045`;" t l
V1 t
BETWEEN:
THE CORPORATION OF THE CITY OF BARRIE
(hereinafter referred to as "Barrie")
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as "Municipality")
WHEREAS Section 20(1) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a
municipality to enter into an agreement with one or more municipalities to jointly
provide, for their joint benefit, any matter which all of them have the power to provide
within their own boundaries.
AND WHEREAS by-laws have been duly enacted by the corporate parties hereto
respectively to authorize an agreement between the said parties relative to Barrie
providing certain dispatching and information and communication technology services to
the Municipality.
NOW THEREFORE in consideration of the mutual covenants and agreement herein
contained, it is mutually agreed between the parties hereto, as follows:
Dispatching
1. Barrie shall provide emergency fire dispatch services ("Dispatching") to the
Municipality. Dispatching shall include the following:
a. Responding to 911 telephone calls and non-911 telephone calls with
respect to the area set out in Schedule "A" ("Dispatch Area") attached
hereto;
b. Alerting the members of the Municipality Fire Department of an
emergency;
c. Communicating with the Municipality Fire Department under both
emergency and non-emergency conditions;
d. Communicating with the Municipality Fire Department regarding the
potential need for mutual aid and monitoring the level of an on-going
emergency activity;
e. Communicating with other agencies during an emergency upon the
request of the Municipality Fire Department incident commander;
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f. Provide information, data and other resources during emergencies and on
a day to day basis; and
g. Maintain a log of all dispatch calls received, in particular, record the times
and information set out in the "Process" section of the Ministry of the
Solicitor General Public Fire Safety Guidelines No. PSFG 04-64A-03 and
as defined by Barrie Fire & Emergency Service Standard Operating
Guidelines.
Fees
2. The Municipality shall pay to Barrie the fees and additional fees as set out in
Scheduled "C" attached hereto.
Review and Increase in Fees
3. Prior to January 31st of each year, Barrie may unilaterally increase the Rate (as
defined in Schedule "C") by no greater than 5%. Barrie shall provide notice to
the Municipality of said increase. The increase shall be effective February I" of
the respective year. Any increase greater than 5% shall be by mutual agreement
of the parties.
Indemnification
4. The parties agree that each of them undertakes no duty of care with respect to the
other party, and neither party shall be required to indemnify the other as a result
of any provision of services under this Agreement. Both parties agree that they
shall maintain adequate liability insurance with respect to any claims by any party
for physical or personal damages or negligence, as the case may be, on behalf of
the parties, and their respective agents, officers, employees and assigns.
Dispatch Backup
5. Municipality agrees that it will assume control of its own dispatch centre on a
temporary basis if and when required and for such period of time as may be
required by Barrie.
CAD Mapping
6.
a. Municipality shall provide Barrie, on a continuous basis, all necessary
information for the operation of the dispatch system, including but not
limited to maps, single line road network data, hydrant locations, water
main information, assessment data, any and all other pertinent data.
Updates to the mapping and data shall be provided by the Municipality to
Barrie, at minimum, on a quarterly basis in the months of February, May,
August, and November.
b. Municipality acknowledges and agrees that it provides the County of
Simcoe (the "County") with mapping information and data for its region.
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c. Municipality acknowledges and agrees that the County provides Barrie
with mapping information and a limited license to modify the data for the
purpose of creating an integrated and seamless map ("CAD Mapping")
across different regions including the area described in Schedule "A". The
CAD Mapping is used to facilitate the Dispatching and management of
fire calls by Barrie on behalf of the Municipality.
d. Municipality shall provide the County in a timely manner with updates to
the maps for the area set out in Schedule "A".
e. Municipality shall forthwith notify both the County and Barrie of any
mapping inaccuracies they discover.
f. Municipality shall forthwith notify both the County and Barrie of any
changes to the names of existing roads.
g. Barrie shall forthwith notify Municipality of any errors or inaccuracies,
discovered by Barrie, in the Municipality mapping. Municipality shall be
responsible to provide both the County and Barrie with an updated and
corrected map(s) in a timely fashion.
h. Barrie makes no representations, covenants or warranties with respect to
the mapping information or the CAD Mapping. Barrie specifically does
not warrant that the mapping information or the CAD Mapping is free of
any inaccuracies or errors. Barrie relies entirely on the County for the
accuracy and completeness of the data provided.
i. Municipality agrees that it will at all times indemnify and save harmless
Barrie, its employees, officers, servants, agents and assigns, including the
members of the of the Barre Fire Department from any and all claims,
actions suits or demands for damage or otherwise arising from any errors,
modifications or inaccuracies in the CAD Mapping, or from any misuse,
misinterpretation or misapplication thereof, whether due to the negligence
of Barrie, its employees, officers, servants, agents or assigns.
j. Barrie shall provide to the Municipality information and communication
technology support as set out in Schedule "B" attached hereto and
Municipality shall pay the fees set out in Schedule "C".
k. Municipality shall provide mapping to Barrie in a slip format compliant
with the standards requested by Barrie.
Dispatch Data Backup
7.
a. Barrie shall backup the computer dispatching data in SQL database
formatting. Barrie shall annually provide the Municipality with the data on
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compact disk ("CD") prior to the anniversary of this Agreement. The
Municipality shall remit to Barrie the fees set out in Schedule "C" attached
hereto,
b. At any time, the Municipality may request a copy of their data. Barrie
shall provide same, within a reasonable amount of time, at the fees set out
in Schedule "C" attached hereto. The data will be provided on a CD in
SQL database formatting.
Term
8.
a. It is agreed between the parties hereto that the terms of this Agreement
shall come into force and take effect from the Is` day of January, 2004 and
remain in full force and effect for a period of five (5) years and thereafter
until amended or replaced by a new agreement.
b. It is agreed that any amendment to or replacement of this Agreement shall
be worded so as to take full force and effect on the Is` day of January for
the year in which the amendment or new agreement is made.
c. Either party may, at any time, upon ninety (90) days written notice to the
other, terminate this Agreement. Any monies owing to Barrie, and not
paid, shall forthwith be paid to Barrie, prior to the date of said termination.
Other Agreements
9. The Municipality acknowledges that Barrie may enter into similar agreements to
this Agreement with other municipalities. As a result of such further agreements
or the increased volume of the dispatched messages arising out of this Agreement,
either party may determine that additional equipment or manpower is necessary
for the proper functioning of the dispatch system. Should either party so
determine, then both parties shall enter into negotiations to determine the
necessity of such additional equipment or manpower and if, as a result of such
negotiations, the parties are unable to agree as to such necessity, then this
Agreement shall be terminated subject to the provisions set out in section 8(c)
above.
Arbitration
10.
a. In the event of any disputes, differences or question arising between the
parties hereto, arising out of this agreement, whether during the term of
this agreement or after, then each such dispute, difference or question shall
be submitted to and settled by arbitration and the decision of the arbitrator
appointed to deal with such matters shall be accepted by the parties hereto.
b. The arbitration in each of the cases as hereinbefore mentioned shall be
conducted by a single arbitrator if the parties hereto agree upon one or
otherwise by an arbitrator appointed by a Judge of the Supreme Court of
4
Ontario. The arbitration shall be conducted in accordance with the
provisions of The Arbitration Act (Ontario), and any statutory amendments
thereto for the time being in effect. It is hereby agreed that it shall be a
condition precedent to any action being instituted by either party hereto
against the other or of any liability in connection therewith that the matter
must be first referred to arbitration as herein provided for disposition.
Compliance with Laws and Confidentiality
11. Barrie and the Township shall perform their responsibilities hereunder in
compliance with all applicable laws, including all laws pertaining to the
protection of personal information about individuals and individuals' access to
personal information about themselves.
Agreement Binding
12. This Agreement shall be binding upon and enure to the benefit of the parties
hereto, and their respective heirs, executors, administrators, successors and
assigns.
Severability
13. In the event that any covenant, provision or term of this Agreement should be at
any time be held by any competent tribunal to be void or unenforceable, then the
Agreement shall not fail but the covenant, provision or term shall be deemed to be
severable from the remainder of this Agreement which shall remain in full force
and effect mutates mutandis.
Headings
14. The section headings contained herein are for purposes of convenience only, and
shall not be deemed to constitute a part of this Agreement or to affect the meaning
or interpretation of this Agreement in any way.
Force Majeure
15. Neither party shall be liable for damages caused by delay or failure to perform its
obligations under this Agreement where such delay or failure is caused by an
event beyond its reasonable control. The parties agree that an event shall not be
considered beyond one's reasonable control if a reasonable business person
applying due diligence in the same or similar circumstances under the same or
similar obligations as those contained in the Agreement would have put in place
contingency plans to either materially mitigate or negate the effects of such event.
If a party seeks to excuse itself from its obligations under this Agreement due to a
force majeure event, that party shall immediately notify the other party of the
delay or non-performance, the reason for such delay or non-performance and the
anticipated period of delay or non-performance.
Notice
16. Any notice required pursuant to this Agreement shall be in writing and delivered
personally, facsimile transmissions ("FAX") or sent by registered mail (with
proper postage) to the following addresses:
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To the City of Barrie at:
P.O. Box 400
70 Collier Street
Barrie, ON L4M 4T5
Attention: City of Barrie Fire and Emergency Services, Communications
Manager
Fax: (705) 728-4439
To the Township of Oro-Medonte at:
P.O. Box 100
Oro, Ontario LOL 2X0
Attention: Clerk
Fax: (705) 487-0133
Or to such other addresses either of the parties may indicate in writing to the
other. Any notice given in accordance with this shall be deemed to have been
received upon delivery, if delivered personally, at the time of transmission if sent
by FAX or five (5) days after posting, if sent by regular mail.
Entire Agreement
17. Except as otherwise stated herein, this Agreement constitutes the entire agreement
of the parties, it supersedes any previous agreement whether written or verbal.
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Applicable Law
18. This Agreement shall be construed and enforced in accordance with the laws of
Ontario and the laws of Canada applicable therein.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate
Seals under the hand of its officers duly authorized in that behalf.
THE
CITY OF BARRIE
R. J. Aamilfon MAYOR
AW--
JoY R. Sisson CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
N 40e: J. Neil Craig
T lc: Mayor
I have authority to bind the corporation
L-
Name: Mar yn Pennycook/
Title: Clerk
I have authority to bind the corporation
Schedule "A"
Township of Oro - Medonte
Legend
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Created : April 2005
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SCHEDULE"B"
INFORMATION AND COMMUNICATION TECHNOLOGY
SERVICES AND FEES (Level 1)
Support by Barrie
I. Barrie's Information and Communication Technology Department ("ICT") shall
provide the following services to the Municipality:
a. Installation and initial configuration of Checkpoint client to allow access to all
modules of Firehouse Software Records Management System ("Firehouse")
and all Municipality databases;
b. The ability of the Municipality to print of Firehouse reports through this
remote connection;
C. The ability of the Municipality attach files to Firehouse records through this
remote connection;
d. The ability of the Municipality to produce trip tickets; and
e. Barrie Helpdesk service for the above and for general Firehouse usage
questions from Monday to Friday during City of Barrie regular office hours.
Responsibilities of the Municipality
1 Municipality shall have the following responsibilities:
a. Municipality shall attempt to have Firehouse issues resolved internally prior to
contacting Barrie Helpdesk;
b. Municipality staff shall provide timely, accurate and reasonable descriptions
of their problems to Barrie Helpdesk staff in order to facilitate the support
processes;
C. Municipality staff shall contact Barrie Helpdesk staff by phone at (705) 726-
4242 ext#4599 or by email helpdeskQcity.barrie.on.ca for all requests
regardless of the priority or subsequent actions taken;
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SCHEDULE"C"
FEES
1. Dispatching Fees
The following fees shall be applicable for Dispatching:
a. For Dispatching, Municipality shall pay to Barrie, semi-annually, as
invoiced by Barrie, a per capita rate (the "Rate") of One Dollar and Thirty-- c @n
I.5-7) Cents ($+3fr) for the entire Dispatch Area. The Rate applies to all citizens
protected by the Municipality Fire Department or under any agreement
with other municipal fire departments.
I
b. Charges per item (a) to be paid within thi days of receipt of the invoice.
Interest at the rate of 4-251/o per monVallarges rue on past due accounts.
i. , P ~
Additional Fees ~ ~/~-i
C. Municipality shall be responsible fo and costs billed to Barrie
directly from Bell Canada or other parties which are properly attributable
to Municipality. Barrie shall identify and forward to Municipality
invoices with respect to same which shall be paid by Municipality
forthwith upon receipt thereof.
d. Municipality agrees to pay any labour costs incurred by Barrie with
respect to any Barrie employees who are subpoenaed to give evidence at
any inquest, hearing, court case, etc. associated with the dispatching
process set out in this Agreement.
2. Backup Fees
a. The Municipality shall annually remit to Barrie $50.00 for the backup CD.
b. The Municipality shall remit to Barrie $50.00 for each additional request
for backup data.
3. Fees for ICT Support (Level 1)
The following fees shall be applicable for ICT support:
a. Municipality shall pay to Barrie, semi-annually, as invoiced by Barrie, a
per capita rate (the "Support Fee") of Ten Cents ($0.10) for the entire
Dispatch Area.
b. Charges per item (a) to be paid within thirty days of receipt of the invoice.
Interest at the rate of 1-25%o per mo shall accrue on past due accounts.
j.
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i
C. Prior to January 31st of each year, Barrie may unilaterally increase the
Support Fee by no greater than 5%. Barrie shall provide notice to the
Municipality of said increase. The increase shall be effective February lst
of the respective year. Any increase greater than 5% shall be by mutual
agreement of the parties.
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ADDENDUM #1 TO THE
AGREEMENT
FOR THE PROVISION OF FIRE DISPATCH SERVICES
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(the "Township")
AND
THE CORPORATION OF THE CITY OF BARRIE
(the "City")
(collectively referred to as the "Parties")
The Parties acknowledge that Schedule "C" of the Agreement made effective the 20" day of
April 2004 is hereby amended as follows:
That paragraph 3. a. is deleted and replaced with the following:
"3. Fees for ICT Support (Level 2)
The following fees shall be applicable for ICT support:
a. Municipality shall pay to Barrie, semi-annually, as invoiced by Barrie, a
per capita rate (the "Support Fee") of Five Cents ($0.05) for the entire
Dispatch Area."
All other terms and conditions of the original Agreement signed by the parties in effective the 20"
day of April 2004 shall remain in effect.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
9 Executed at; ' r on the" day of, 2005.
Mayor - J. Neil "C°rai`g- 7j
i t^
JExecuted atu;~_on the jj day of 2005.
Clerk- . Pennycook
OF THE1trITY OF BARRIE
at the City of Barrie on the 16`h day of June, 2005.
R. J. Hamilton
Executed at the City of Barrie on the 16`h day of June, 2005.
/div Clerk - John R. Sisson