1998-042 To Authorize an Agreement for Fire Protection between the Township of Oro-Medonte and the City of Barrie
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-42
Being a By-law to Authorize an Agreement for Fire Protection
between the Township of Oro-Medonte and the City of Barrie.
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WHEREAS Section 207, s.l of the Municipal Act, R.S.O., 1990, as
amended, provides that municipalities may enter into agreements
with other municipalities upon such terms and conditions and for
such consideration based on cost as may be agreed for fire
protection services;
AND WHEREAS the Township of Oro-Medonte and the City of Barrie
are desirous of entering into an agreement for fire protection
services whereby the City of Barrie will provide certain fire
dispatch services to the Township of Oro-Medonte;
NOW THEREFORE the Council for 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 Barrie for Fire Dispatch Services, this
agreement being attached to and forming 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 By-law shall come into full force and
effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 1st DAY OF APRIL, 1998.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF
APRIL, 1998.
THE CORPORATION OF THE TOWNHSIP OF ORO-MEDONTE
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MAYOR, IAN BEARD
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CLERK, LYNDA
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AIKEN
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THIS INDENTURE made this :J3 day of ~~, \ 1998
BET WEE N:
THE CORPORATION OF THE CITY OF BARRIE,
of the FIRST PART (hereinafter referred to as ('Barrie')
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
of the SECOND PART (hereinafter referred to.as ("Oro-Medonte")
W HER E A S Section 207 paragraph 1 of the Municipal Act R.S.O. 1990 c. MA5
provides for fire protection agreements between municipalities with respect to the provisions of
fire fighting equipment;
AND W HER E A S Oro-Medonte and Barrie are desirous of entering into an
Agreement for Barrie to provide certain fire dispatch services to Oro-Medonte;
IN CONSIDERATION OF THE PREMISES and other good and valuable consideration
and the sum of ONE ($1.00) DOLLAR, the parties hereto agree as follows:
1. That Barrie supply to Oro-Medonte Emergency Fire Dispatch Services, as
outlined in N.F.PA, #1221, Chapter 1, Section 1.2, fire dispatch services;
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2.(a) That Ora-Medonte pay to Barrie, semi annually, as invoiced by Barrie, a total
per capita rate (the "rate") based on population bands for the entire dispatch service area
across Simcoe County as follows (exclusive of the City of Barrie):
Population Band
Cost Per Capita
1 - 94,999
95,000 - 139,999
140,000 - 174,999
175,000 and over
$1.60
$1.45
$1.30
$1.20
(i) The parties agree that the total population band for 1998 is 76,018
(b) The appropriate rate applies to all citizens protected by the Ora-Medonte Fire
Department or under any agreement with other municipal fire departments. In addition to any
other costs to be borne by Ora-Medonte as may be set out in this Agreement, such rate to be
called a dispatching fee and to be paid within 30 days after the Agreement comes into effect
and semi-annually thereafter, as may be adjusted in accordance with paragraph 10 of this
Agreement.
The parties agree that the rate is as follows:
16,698 being the population of Oro-Medonte
16,698 x $1.60 = $26,717
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(c) Oro-Medonte shall pay,. at the time of entering into of this agreement, and in
common with all others entering into similar agreements, a fee, being its portion of an amount
to be determined as follows:
The difference between the total cost of the radio system, less
$80,000.00 contributed toward such cost by Barrie, less $49,999.00
contributed toward such cost by way of the JEPP grant, and such
amount being $13,583.00 to then be divided into 17 equal parts (being
the anticipated number of municipal parties to finally enter into this
agreement) of which Oro-Medonte is responsible to pay 1 such part
being $799.00.
3.
That Oro-Medonte shall bear all costs associated with the modification of the
existing telephone service and additions thereto attributable to this Agreement, and without
limiting the generality of the foregoing shall include the installation of additional couplers for
the recording system, and the costs and rental charges associated with the additional
telephone lines required for the dispatch system, including any alterations to the existing
telephone system and equipment of the Barrie Fire Department, and for all charges and costs
billed to Barrie directly from Bell Canada or other parties which are properly attributable to Oro-
Medonte under this Agreement. Barrie shall identify and forward to Oro-Medonte invoices with
respect to same which shall be paid by Oro-Medonte immediately upon receipt thereof.
4. That 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.
5. That Oro-Medonte agrees that it will assume control of its own dispatch centre
(telephones, radio transmissions, etc.) at Oro-Medonte on a temporary basis if an when
required and for such period of time as may be required by Barrie.
6. Prior to this Agreement coming into force and effect, Oro-Medonte shall deliver
to Barrie all necessary information for the operation of the dispatch system, as required Barrie,
including but not limited to Township maps and any and all other pertinent data.
7. Oro-Medonte 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.
8. Barrie will arrange for the purchase of all necessary capital equipment with
respect to the installation of the necessary tape recording system. Oro-Medonte shall be
responsible for the cost thereof, which shall be paid to Barrie upon receipt of Barrie's invoice
with respect to same, plus the production of copies of receipts for the cost of equipment
incurred by Barrie.
'1 ..... ....
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9. This Agreement shall remain in full force and effect for a period of 60 months
commencing January 1, 1998, subject to the right of either party to terminate this Agreement
on 6 month's notice in writing to be delivered to the Clerk of the respective party. Further, this
agreement shall be subject to annual review of the population bands as set out in paragraph
2(a), which population band may be amended once per year, and, if required, the per capita
cost charged (the dispatching fee), in Barrie's discretion.
10. Oro-Medonte acknowledges that Barrie may enter into similar Agreements to
this Agreement with various 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 (in the form of dispatchers or otherwise) 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 determinable on one month's notice
in writing by either party. Barrie shall maintain a log of all dispatch calls received, pursuant to
the criteria set out in N.F.P,A. #1221, which shall identify the originating municipality for all
such calls.
THE AGREEMENT shall ensure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns,
IN WITNESS whereof the parties hereto have caused their respective Corporate
Seals to be hereunto affixed, attested by the proper officers in that behalf.
THE CORPORATION OF THE CITY OF BARRIE
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Jan~" . Ling, Mayor /
, City Clerk
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THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Name: Ian Beard
Title: Mayor
I have authonty to bind to the corporation
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Name: Lynda Aiken
Title: Clerk
I have authority to bind to the corporation
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