2012-208 Agreement 9-1-1 Central Emergency Reporting (CERB)THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -208
Being a By -law to Authorize the Execution of an Agreement
between the Township of Oro - Medonte and the City of Orillia
for1he Provision of 9 -1 -1 Central Emergency Reporting Bureau (CERB) Services
and to Repeal By -Law No. 2009 -176
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 an agreement with other municipalities for joint
undertakings;
AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended,
provides 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 Council of the Township of Oro - Medonte declared by Motion No.
C121128 -23 to enter into an agreement for 9 -1 -1 Central Emergency Reporting Bureau (CERB)
Services between the Township of Oro - Medonte and the City of Orillia;
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 a renewal 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 "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 1St day of January, 2013 and shall
continue in force until the 31st day of December, 2016.
4. That By -Law No. 2009 -176 is hereby repealed in its entirety effective January 1, 2013.
5. That this By -law shall come into full force and effect on its final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5T" DAY
OF DECEMBER, 2012.
THE C00WRATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor,
n
Schedule "A" to By -law No. 2012 -208
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS DAY OF
sec_- kV-,\0 Q r , A.D. 20 1 aL
BETWEEN:
AND:
THE CORPORATION OF THE CITY OF ORILLIA
hereinafter called the "City"
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
hereinafter called the "Township"
OF THE SECOND PART
WHEREAS Section 116(1) of the Municipal Act, S.O. 2001, c. 25
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 9 -1 -1 Central Emergency Reporting
Bureau (C.E.R.B.) services to the Township;
AND WHEREAS Bell Canada has installed the 9 -1 -1 equipment and the
enhanced 9 -1 -1 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:
1. The 9 -1 -1 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 9 -1 -1 answering bureau (C.E.R.B.) shall be the
initial answering of the 9 -1 -1 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
9 -1 -1 answering bureau (C.E.R.B.), including equipment and personnel.
4. The City shall operate the 9 -1 -1 answering bureau (C.E.R.B.) twenty -four
(24) hours a day, seven (7) days a week.
Schedule "A" to By -law No. 2012 -208
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5. The City shall staff the 9 -1 -1 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 9 -1 -1
answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the
9 -1 -1 bureau operators and the selection and training of personnel.
7. The City shall log and retain all 9 -1 -1 calls in both digital and printed
formats as required. The Township shall have reasonable access to review all records,
and may request digital copies of any 9 -1 -1 records from the 9 -1 -1 answering bureau
(C.E.R.B.) that pertain to the Township.
8. The City shall provide a back -up Central Emergency Reporting Bureau
(C.E.R.B.) to which 9 -1 -1 calls will be directed in the event that the primary bureau is
unable to accept the calls for any reason.
9. The Township agrees that if any Communicator is subpoenaed for Court
as a result of a call that has been dispatched for the Township, or if a Communicator is
required to attend any meetings related to litigation stemming from any incident
response in the Townships dispatch area, the City will be reimbursed for any related
staffing and out of pocket costs.
10. The Township shall provide to Bell, in written form, all geographical
information, including street names, addresses and borders within their municipal 9 -1 -1
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.
11. The Township agrees to pay to the City $0.80 per capita for 9 -1 -1 service
based on the population shown in the current Statistics Canada Community Profile and
updated annually during the term of this contract until its expiry on December 31, 2016.
12. The City and the Township and representatives of the 9 -1 -1 emergency
services shall meet at least annually and more frequently if required, where issues
regarding the 9 -1 -1 answering service (C.E.R.B.) would be discussed.
13. 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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14. 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 9 -1 -1 answering service
(C.E.R.B.) to the Township.
15. This agreement may be terminated by either party upon 90 days written
notice with fees charged to the end of the month concluding the 90 -day notice period.
16.
This
agreement comes into
effect on the
1St day of January, 2013 and
shall
continue in
force for a four -year
period until
midnight on the 31st day of
December, 2016.
Dated at the City of Orillia this 114 -h day of &xpjitb } , 201Z
THE QORPQRATI"ON OF THE CITY OF ORILLIA
IM'►`( CITY CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO-
R A=W-AK ITC
HALegal Affairs \L04 Contracts \Communications \9 -1 -1 Oro Medonte 10- 12.doc