1996-112
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 96-112
Being a By-Law to authorize the execution of an agreement between
Bell Canada and the Municipality of Orillia and Area (City of
Orillia, Township of Severn, Township of Ramara, Chippewas of
Mnjikaning First Nation and the Township of Oro-Medonte) to provide
a 9-1-1 Public Emergency Reporting Service
WHEREAS the Municipal Act, R.S.O. 1990, Section 102, as amended,
provides for the entering into agreements by municipalities to be
authorized by By-law to provide for the health, safety, morality
and welfare of the inhabitants;
AND WHEREAS, Council deems it desirable to enter into an Agreement
with Bell Canada and the Municipality of Orillia and Area to
provide a telecommunications service to customers within a 9-1-1
Serving Area for the delivery of 9-1-1 calls to Central Emergency
Reporting Bureau;
NOW THEREFORE, the Council of The Corporation of the Township of
Oro-Medonte enacts as follows:
1. That we hereby authorize the entering into and execution of an
Agreement between The Corporation of the Township of Oro-
Medonte and Bell Canada and the Municipality of Orillia and
Area, for the purpose of providing a telecommunications
service to customers within a 9-1-1 Serving Area for the
delivery of 9-1-1 calls to Central Emergency Reporting Bureau.
2. That the Mayor and Clerk are hereby authorized to execute the
agreement as shown as Schedule "A", attached hereto and
forming part of this By-Law.
3. That this By-Law shall come into force and take effect on the
final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 20th DAY OF NOVEMBER 1996.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF
NOVEMBER 1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR IAN BEARD /
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CLERK LYNDA AIKEN
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Public Emergency Reporting Service
AGREEMENT
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BETWEEN:
THE MUNICIPALITY OF ORllLlA
The City of Orillia and The Township of Oro-Medonte
c/o City of Orillia, 35 West Street North,
P.O. Box 340, Orillia, Ontario, l3V 6J1
(the "Municipality")
AND:
BEll CANADA, a duly constituted business corporation having its
head office at 1050 Beaver Hall Hill, Montreal, Quebec:
("Bell")
THE PARTIES AGREE AS FOllOWS:
1.0 DEFINITIONS
For the purposes of this Agreement, capitalized terms have the meanings
ascribed below:
1.1 "All": Automatic location Identification
A database feature that displays to CERBls and Remote Agencies
address/location data with respect to a telephone line from which the
9-1-1 call originates.
1.2 "ANI": Automatic Number Identification
A database feature that displays the telephone number of the primary
exchange service that originates the 9-1-1 call.
1.3 "Call Control":
A feature that allows the 9-1-1 call taker to maintain control of the 9-1-1
call regardless of calling-party action.
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1.4 "CERB": Central Emergency Reporting Bureau
A communication centre which is the first point of reception of 9-1-1 calls.
(Sometimes referred to as a Primary PSAP in other documentation.)
1.5 "CRTC": The Canadian Radio-Television and Telecommunications
Commission
1.6 "ESZ": Emergency Service Zone
The geographic area served by a fire, police, or ambulance service.
1.7 "MSAG": Master Street Address Guide
The database that contains street names, addresses, routing codes and
other data required for the management of Selective Routing and
Transfer, All and ANI.
1.8 "Remote Agency":
The communication centre to which emergency calls are transferred from
a CERB, and which is normally the fire, police or ambulance agency
responsible for dispatching emergency personnel.
1.9 "Selective Routing and Transfer"
A feature that automatically routes a 9-1-1 call to the appropriate CERB or
Remote Agency based upon the ANI of the telephone line from which the
9-1-1 call originates.
1.10 "9-1-1 PERS": 9-1-1 Public Emergency Reporting Service - Ontario
A telecommunications service provided by Bell pursuant to Bell Canada
General Tariff Item 1400 to customers within a 9-1-1 Serving Area for the
delivery of 9-1-1 calls to CERB and Remote Agencies.
1.11 "9-1-1 Serving Area":
The geographic area, as determined by the Municipality, from which 9-1-1
calls will be directed to a particular CERB.
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2.0 OBJECT
2.1 In accordance with the terms and conditions of Bell Canada General Tariff
Item 1400 approved by the CRTC for 9-1-1 PERS and the terms and
conditions contained in this Agreement, the Municipality and Bell hereby
agree to fulfill their respective obligations hereunder in order to provide a
9-1-1 emergency calling service.
3.0 CONSIDERATION
3.1 The parties agree that this Agreement is for their mutual advantage and is
designed to meet the requirements of the served population within the
9-1-1 Serving Area.
3.2 No monetary consideration is payable under this Agreement.
4.0 BELLIS OBLIGATIONS
In accordance with Bell Canada General Tariff Item 1400, Bell agrees to:
4.1 Provide 9-1-1 PERS to customers in the 9-1-1 Serving Area.
4.2 Provide access lines to the CERB, back-up CERB and Remote Agencies
as agreed to by Bell and the Municipality, for the delivery of emergency
calls.
4.3 Selectively route and transfer emergency calls to the CERB and Remote
Agencies according to instructions provided by the Municipality.
4.4 Provide ANI and All data to the CERB and Remote Agencies as deemed
appropriate by Bell and the Municipality.
4.5 Bell agrees to maintain and update the MSAG subject to receipt of the
information required to be provided by the Municipality pursuant to
paragraphs 5.4.3 and 5.4.4.
4.6 The equipment to be provided to the Municipality hereunder is listed in
Attachment A which forms an integral part of this Agreement.
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5.0 OBLIGATIONS OF THE MUNICIPALITY
The Municipality agrees to:
5.1 Provide and operate a CERB for the 9-1-1 Serving Area on a 24-hour, 365
days per year basis.
5.2 Provide, operate and manage the personnel and the equipment, including
terminal equipment, required to receive and process all emergency calls
directed to the CERB. The Municipality shall have the right to determine
the equipment to be provided by it for the purposes of this Agreement.
Such equipment is listed, for the information of Bell, in Attachment B
which forms an integral part of this Agreement.
5.3 The Municipality may contract with a third party for the management and
operation of the CERB but in such event the Municipality shall remain
responsible for all aspects of the operation of the CERB and shall not be
relieved of any of its obligations under this Agreement.
5.4 Co-ordinate participation of all Remote Agencies in the 9-1-1 Serving Area
with respect to 9-1-1 PERS. This shall include:
5.4.1 ensuring the involvement of the Remote Agencies;
5.4.2 determining the 9-1-1 Serving Areas and ESZls served by the
CERB and Remote Agencies. The boundaries of the 9-1-1 serving
Areas and ESZls are attached as Attachment C, which forms an
integral part of this Agreement.
5.4.3 providing and validating, as required by Bell, all geographical data,
including street names, addresses, and borders of the 9-1-1
Serving Areas and ESZls.
5.4.4 informing Bell of all changes in the geographical data that may
occur during the term of this Agreement.
6.0 CHARACTERISTICS OF THE 9-1-1 PERS
6.1 BellIs 9-1-1 PERS permits the utilization of "ANI", "All", "Selective Routing
and Transfer" and "Call Control" features. The availability and reliability of
these features depends on the following:
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6.1.1 The terminal systems and the operating mode selected for the
CERB and Remote Agencies;
6.1.2 The type of primary exchange service and the equipment and/or
telephone systems from which 9-1-1 calls originate.
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6.1.3 The accuracy of the data banks, which itself is dependent upon the
information provided by various sources (for example, Bell, the
Municipality, other telecommunications carriers, Bell Canada
customers...) .
7.0 CONFIDENTIAL INFORMATION
7.1 Any information provided by Bell to the Municipality, its employees,
servants, agents and/or co-contractors pertaining to the design, the
development, the implementation, the operation and the maintenance of
9-1-1 PERS is confidential, and shall be provided only to such persons
who have a need to know for the purposes of this Agreement.
7.2 ANI/All information is provided on a confidential basis pursuant to Bell
Canada General Tariff Item 1400 as an exception to Item 10 Article 11 of
the Bell Canada General Tariff and shall be used for the sole purpose of
responding to 9-1-1 calls.
7.3 Furthermore, the Municipality agrees to abide by all applicable legislation
with respect to the protection of privacy in effect from time to time.
8.0 QUALITY OF BELLIS SERVICE
8.1 Bell agrees to install and operate a 9-1-1 PERS that meets quality
standards generally accepted in North America for such services. The
following are examples of the content of quality standards generally
accepted in North America:
i) average of 0.1 % blocking within the network;
ii) diverse telephone networking capabilities;
iii) a daily updated database;
iv) special call control features such as bureau hold, emergency
ringback, calling party disconnect signal, and forced disconnect.
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Public Emergency Reporting Service
8.2 Bell agrees to restore service as quickly as possible and on a priority
basis should there be any interruption, delay, mistake or defect in
transmission or in its facilities.
9.0 QUALITY OF THE MUNICIPALlTYIS SERVICE
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9.1 The Municipality agrees to implement and ensure the operation of its
CERB in a manner that meets quality standards generally accepted in
North America for such services. The following are examples of the
content of quality standards generally accepted in North America:
i) provisioning of 24 hour service;
ii) answering the 9-1-1 call within two rings;
iii) providing effective response including transfer/conference of calls
to the appropriate agencies;
iv) recording and logging all calls.
10.0 FORCE MAJEURE
10.1 Neither Bell nor the Municipality shall be held responsible for any
damages or delays as a result of war, invasion, insurrection,
demonstrations, or as a result of decisions by civilian or military
authorities, fire, floods, strikes and, generally, as a result of any event that
is beyond the Municipalityls or Bell's reasonable control.
10.2 The Municipality may designate a back-up CERB to which 9-1-1 calls will
be directed in the event the primary CERB is unable to accept the calls for
any reason.
10.3 Bell and the Municipality agree that in the event of a disaster or force
majeure the parties will co-operate and make all reasonable efforts to
provide temporary replacement service until permanent service is
completely restored.
10.4 The costs required to provide temporary replacement service shall be
borne according to the sharing of obligations between Bell and the
Municipality, as indicated in articles 4.0 and 5.0 of this Agreement.
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Public Emergency Reporting Service
11.0 IMPLEMENTATION SCHEDULE
11.1 Bell and the Municipality agree that the implementation of 9-1-1 PERS
within the 9-1-1 Serving Area shall be carried out pursuant to an
implementation schedule to be mutually agreed to by the parties and
which may be changed from time to time by agreement of the parties.
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12.0 LIMITATION OF LIABILITY
12.1 Bell's liability for the performance of its obligations pursuant to this
Agreement shall be subject to and governed by Articles 15 and 16 of
General Tariff Item 10.
12.2 Except with regard to physical injuries, death or damage to property
occasioned by its negligence, the Municipality's liability for negligence is
limited to $20.
12.3 The Municipality and Bell shall, during the term of this Agreement,
maintain sufficient insurance to cover their respective obligations under
this Agreement and shall provide evidence of same to the other party or, if
either the Municipality or Bell is self-insured, provide to the other party
evidence that is satisfactory to that party that the Municipality and/or Bell,
as the case may be, is and will be, at all relevant times, in a position to
face successfully its monetary obligations stemming from liability under
this Agreement.
13.0 TERM AND RENEWAL
13.1 This Agreement shall be effective as of the date of execution and run for a
term of 10 years. The date of execution is deemed to be November 12,
1996.
13.2 The term of this Agreement shall be automatically renewed for successive
periods of five (5) years each unless one party gives to the other at least
six (6) months written notice of termination prior to the end of the initial
term or any renewal period.
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14.0 REGULATORY APPROVAL
14.1 It is expressly understood that this Agreement and 9-1-1 PERS is offered
pursuant to the terms and conditions of Bell General Tariff Item 1400 as
approved and amended from time to time by the CRTC or its successors.
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14.2 This Agreement, excluding the Attachments, and any amendments to this
Agreement, shall be subject to the approval of the CRTC.
15.0 WAIVER
The failure of either party to require the performance of any obligation
hereunder, or the waiver of any obligation in a specific instance, shall not be
interpreted as a general waiver of any of the obligations, hereunder, which shall
continue to remain in full force and effect.
16.0 RELATIONSHIP OF THE PARTIES
This Agreement shall not create nor shall it be interpreted as creating any
association, partnership, any employment relationship or any agency relationship
between the parties.
17.0 ENTIRE AGREEMENT
Except as otherwise stated herein, this Agreement together with the terms of Bell
Canada General Tariff Item 1400, constitutes the entire agreement of the parties
and supersedes any previous agreement, whether written or verbal. Should any
provision of this Agreement be declared null, void or inoperative, the remainder
of the Agreement shall remain in full force and effect and shall be interpreted as
a complete entity.
18.0 ARBITRATION CLAUSE
Except with respect to any matter within the jurisdiction of the CRTC, any dispute
or disagreement that may occur pursuant to this Agreement shall be settled in a
binding manner by way of arbitration and to the exclusion of the courts.
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19.0 NOTICE
Any notice required pursuant to this Agreement shall be in writing and delivered
personally or sent by registered mail (with proper postage) to the following
addresses:
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The Municipality
c/o The City of Orillia
35 West Street North
P.O. Box 340, Orillia, Ontario, L3V 6J1
2. Bell
C/O Corporate Secretary
Suite 1400
1050 Beaver Hall Hill
Montreal, Quebec
H2Z 1 S3
or to such other address as either party may indicate in writing to the other.
Any notice given in accordance with this section shall be deemed to have been
received upon delivery, if delivered personally, or five (5) days after posting, if
mailed.
Dated this ;0 ~ay of Cc 70j)EJI.
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THE MUNICIPALITY
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BELL CANADA
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