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2009-175 Agreement for Fire Dispatch Servies between the Township of Oro-Medonte and the City of OrilliaTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-175 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 Orillia and to Repeal By-Law No. 2005-041 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 Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, authorizes a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; AND WHEREAS the Township of Oro-Medonte and the City of Orillia 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 Orillia for Fire Dispatch Services, a copy of which is attached hereto and forms part of this By-law as Schedule "A". 2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Corporation. 3. That this agreement comes into effect on the 1 st day of February, 2010 and shall continue in force until the 31 st day of December, 2012. 4. That By-Law No. 2005-041 is hereby repealed in its entirety effective February, 1, 2010. 5. That this By-law shall come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 91h DAY OF DECEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF DECEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE :H CleA. J. DQWas Irwin 0 L Schedule "A" to By jaw No. 2009-175 MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9t" DAY OF DECEMBER 2009 BETWEEN: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain fire dispatch services to the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. The Township agrees to install and maintain in the City's fire dispatch centre at the Township's expense all radio equipment necessary to enable all Township fire fighters to receive radio communications from the City's fire dispatch centre and to enable two-way radio communications between all Township fire vehicles and the City fire dispatch centre. 2. The Township agrees to supply its fire fighters with radio equipment designed to receive fire call communications from the City's fire dispatch centre. 3. FIRE CALLS: The City agrees to answer fire calls for the Township and to transmit such fire calls to the Oro-Medonte Township Fire Department. 4. OTHER FIRE SERVICE COMMUNICATION REQUIREMENTS: The City agrees to transmit fire department related messages as required. Schedule "A" to By-law No. 2009-175 -2- 5. The Township agrees to pay the City the $ 1.74 per capita rate for 2010 beginning February 1, 2010 for the service of dispatching the Township fire fighters and fire apparatus based on the population shown in the current Ontario Municipal Directory and updated annually during the term of this contract. Adjustments will be made each subsequent January 1St as per the Consumers Price Index (annual average published by Statistics Canada each preceding September) until the expiry of the contract on December 31, 2012. 6. The Township agrees that should fire calls come in simultaneously from the City and the Township to the City's Fire Hall, the City's call shall have preference. 7. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability Policies with respect to and arising out of the operations and responsibilities undertaken by either party under this agreement. 8. The Township covenants and agrees that it will at all times indemnify and save harmless the City and the members of the Orillia Fire Department or any other person who may render or attempt to render assistance in the spirit of the Agreement from all and any liability, claims, actions, suits or demands for damages or otherwise for or by reason of or arising in any way from delivery of the fire service communications to the Township. 9. The Township agrees that any cost of any modifications to City dispatching hardware, the radio equipment, radio transmissions tower, or City telephone systems which are required to satisfy the needs of the Township shall be assumed by the Township. 10. In the event that the territory that the fire dispatch services are provided to in the Township is expanded or reduced, the rates contained in this agreement will be renegotiated accordingly. 11. The Township agrees to provide a large detailed scale map, street directory, new subdivision layouts, etc. along with copies of all fire protection agreements made between other municipalities and ambulance for fire and first aid protection coverage. The map will be coloured so that the coverage areas agreed to under the various fire protection agreements mentioned above can be easily identified. This will be updated as required. -3- Schedule "A" to By-law No. 2009-175 12. The Township agrees to supply in writing the method and level that is required to page fire calls, practices, ambulance assistance or tiered response or other required dispatch protocol. 13. This agreement may be terminated by either party upon 90 days written notice. An appropriate pro-rating of fees would be arranged. This agreement comes into effect on the 1St day of February, 2010 and shall continue in force until the 31St day of December, 2012. Dated at the City of Orillia this 14 day of ay\gav~ , 20 I6 TH ORPORATIO OF THE CITY OF ORILLIA THE CO*POFATION OF THE TOWNSHIP OF ORO-MEDONTE HALegal Affairs\L04 Contracts\Communications\Comm Agrmt Oro-Medonte 10-12.doc WATOF F FS. FJJGHES