2009-176 Agreement Between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB)THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2009 -176
Being a By -law to Authorize the Execution of an Agreement
between the Township of Oro - Medonte and the City of Orillia
for the Provision of 9 -1 -1 Central Emergency Reporting Bureau (CERB) Services
and to Repeal By -Law No. 2007 -027
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a
municipality to pass by -laws with respect to the health, safety and well -being of persons;
AND 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 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states
that it is the role of Council to ensure that the administrative policies, practices and procedures
are in place to implement the decisions of Council;
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 Bell Canada supplies the Township of Oro - Medonte and the City of Orillia with
features and services which allow for the operation of a Central Emergency Reporting Bureau
(CERB);
AND WHEREAS the Township of Oro - Medonte wishes to contract with the City of Orillia for the
management and operation of the CERB using the features and services supplied by Bell
Canada;
AND WHEREAS the Township of Oro - Medonte and the City of Orillia are desirous of entering
into an agreement for 911 Central Emergency Reporting Bureau (C.E.R.B.) services;
NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby
enacts as follows:
1. That the Township of Oro - Medonte enter into an agreement with the City of Orillia for
911 Central Emergency Reporting Bureau (C.E.R.B.) services, a copy of which is
attached hereto and forms part of this By -law as Schedule "X.
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 14th day of March, 2010 and shall continue
in force until the 31 st day of December, 2012.
4. That By -Law No. 2007 -027 is hereby repealed in its entirety effective March 14, 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 9th 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
Mayor,
Cler)(, J.
Schedule "A" to By -law No. 2009 -176
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9t" DAY OF
DECEMBER, 2009
BETWEEN:
THE CORPORATION OF THE CITY OF ORILLIA
i
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 911 Central Emergency Reporting Bureau
(C.E.R.B.) services to the Township;
AND WHEREAS Bell Canada has installed the 911 equipment and the
enhanced 911 system is operational for the City and 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:
The 911 answering bureau (C.E.R.B.) shall be a part of and located in the
City of Orillia Fire Department Communications Centre and they shall receive and
answer all emergency calls from the public and transfer them to the appropriate police,
fire and ambulance services.
2. The basic function of the 911 answering bureau (C.E.R.B.) shall be the
initial answering of the 911 calls from the public and transfer of those emergency calls
to the appropriate agency.
3. The City shall be responsible for the management and operation of the
911 answering bureau (C.E.R.B.), including equipment and personnel.
4. The City shall operate the 911 answering bureau (C.E.R.B.) twenty -four
(24) hours a day, seven (7) days a week.
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5. The City shall staff the 911 answering bureau (C.E.R.B.) at a level
appropriate to efficiently handle call lines in a manner suitable for emergency
situations.
6. The City shall be responsible for the efficient operation of the 911
answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the
911 bureau operators and the selection and training of personnel.
7. The City shall log and tape- record all 911 calls and retain such logs and
recordings as required. The Township shall have reasonable access to review all tape
recordings and time records of the 911 answering bureau (C.E.R.B.) pertaining to any
911 situation that relates to that township.
8. The City shall provide a back -up Central Emergency Reporting Bureau
(C.E.R.B.) to which 911 calls will be directed in the event that the primary bureau is
unable to accept the calls for any reason.
9. The Township shall provide to Bell, in written form, all geographical
information, including street names, addresses and borders within their municipal 911
serving area, and shall be responsible for providing Bell with all changes that may occur
in any such geographical area during the term of the Agreement.
10. The Township agrees to pay to the City $0.80 per capita for 911 service
based on the population shown in the current Ontario Municipal Directory and updated
annually during the term of this contract until its expiry on December 31, 2012.
11. The City and the Township and representatives of the 911 emergency
services shall meet at least annually and more frequently if required, where issues
regarding the 911 answering service (C.E.R.B.) would be discussed.
12. 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.
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13. 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 911 answering service
(C.E.R.B.) to the Township.
14. This agreement may be terminated by either party upon 90 days written
notice. An appropriate pro- rating of fees would be arranged.
15. This agreement comes into effect on the 14th day of March, 2010 and
shall continue in force for a two -year period until midnight on the 31 st day of December,
2012.
Dated at the City of Orillia this 14 day of jhkj(Uq 20k
THE CORPORATION OF THE CITY OF ORILLIA
�c
MAYOR
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
H.S. HUGH
CLJZRK, J. PQUGLAS IRWIN
HALegal Affairs \L04 Contracts \Communications \911 Oro Medonte 10- 12.doc