2015-201 Agreement for Fire Dispatch Services with City of OrilliaThe Corporation of the Township of Oro-Medonte
By -Law No. 2015-201
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. 2012-207
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 that 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 a renewal 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 1St day of January, 2016 and shall
continue in force until the 31St day of December, 2019.
4. That By -Law No. 2012-207 is hereby repealed.
5. That this By-law shall come into full force and effect on January, 1, 2016.
By -Law Read a First, Second and Third time, and Passed this 25th day of
November, 2015.
The Corporation of the Township of Oro-Medonte
, H.
as Irwin
Schedule _ to 113y -Law No. L') " 22 1
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 2Z( kDAY OF
Q7_+obe_�- A.D. 2015
BETWEEN:
AND:
THE CORPORATION OF THE CITY OF ORILLIA
hereinafter called the "City"
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIPSHIP 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 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. CITY'S RESPONSIBILITIES
The City shall be responsible for the following:
Providing emergency fire dispatch services ("Dispatching") to the Township.
Dispatching shall include the following:
A. Responding to 9-1-1 telephone calls and non -9-1-1 telephone calls with
respect to the Township's dispatch area;
B. Alerting the members of the Township's Fire Department of an
emergency;
C. Communicating with the Township's Fire Department under both
emergency and non -emergency conditions;
D. Communicating with the Township's Fire Department regarding the
potential need for mutual aid and monitoring the level of an on-going
emergency activity;
E. Communicating with other agencies during an emergency upon the
request of the Township Fire Department's Incident Commander;
F. Providing information, data and other resources during emergencies and
on a day-to-day basis; and
G. Maintaining a log of all dispatch calls received, and in particular, recording
the times and information set out in the "Process" section of the Ministry
of the Solicitor General Public Fire Safety Guidelines No. PSFG 04-64A-
12, as further defined by the Orillia Fire Department's Standard Operating
Guidelines.
H. At any time, the City shall on the written request of the Township provide
the Township or other designated agency pertinent incident data on
compact disk, memory stick or other device.
2. TOWNSHIP'S RESPONSIBILITIES
A. The Township agrees to install and maintain all radio equipment
necessary to allow Township fire fighters the ability to receive radio
communications from the City's fire communications centre and to enable
two-way radio communications between all Township fire vehicles and the
City's fire communications centre. Such equipment will be purchased by
the Township but located in the City's fire communications centre.
B. The Township agrees to supply its fire fighters with radio equipment
designed to receive fire call communications from the City's fire
communications centre.
C. The Township agrees to pay the City $ 1.95 per capita beginning January
1, 2016 ($1.90 in 2015) for the service of dispatching the Township fire
fighters and fire apparatus based on the population shown in the current
Statistics Canada Community Profile and updated annually during the
term of this contract. Adjustments will be made on each subsequent
January 1St as per the Consumers Price Index for Ontario (annual average
published by Statistics Canada each preceding November) until the expiry
of the contract on December 31, 2019.
D. The Township agrees that should fire calls come in simultaneously from
the City and the Township to the City's fire communications centre, the
City's call shall have preference.
E. 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 Township's dispatch area, the
City will be reimbursed for any reasonable related staffing and out of
pocket costs.
F. The Township agrees that any cost of any modifications to City
dispatching hardware/software, 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.
G. In the event that the territory that fire dispatch service is provided to in the
Township is expanded or reduced, the rates contained in this Agreement
will be renegotiated accordingly. In the event of any restructuring or
amalgamation that takes place in the County of Simcoe and that would
provide for an alternate fire dispatch service for the Township, this
Agreement may be terminated upon receipt of 90 days written notice. An
appropriate pro -rating of fees would be arranged.
H. 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.
I. 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.
3. TERMINATION
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.
4. INDEMNIFICATION
The parties agree that each 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.
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 to this
Agreement.
5. OTHER AGREEMENTS
The Township acknowledges that the City may enter into similar agreements to
this Agreement with 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 personnel is
necessary for the proper functioning of the dispatch system. If either party
determines that additional equipment or personnel is necessary, both parties
shall enter into negotiations to determine the necessity of such additional
equipment or personnel. If as a result of negotiations the parties are unable to
agree as to the necessity of additional equipment or personnel, this Agreement
shall be terminated subject to the provisions set out in Section 3 (Termination)
above.
6. ARBITRATION
If any disputes, differences or questions arise between the parties out of this
Agreement, whether during the term of this Agreement or after, each such
dispute, difference or question shall be submitted to and settled by arbitration
and the decision of the Arbitrator appointed to deal with such matters shall be
accepted by the parties. The arbitration in each of the cases mentioned above
shall be conducted by a single arbitrator if the parties hereto agree upon one or
otherwise by an arbitrator appointed by a Judge of the Ontario Superior Court of
Justice. The arbitration shall be conducted in accordance with the provisions of
The Arbitration Act (Ontario), and any statutory amendments thereto for the time
being in effect. It is hereby agreed that it shall be a condition precedent to any
action being instituted by either party hereto against the other or of any liability in
connection therewith that the matter must be first referred to arbitration as herein
provided for disposition.
7. COMPLIANCE WITH LAWS AND CONFIDENTIALITY
The parties undertake and agree that personal information in records delivered
to it by the other party will be used for the limited purposes of performing their
responsibilities under this Agreement. The parties further acknowledge that any
personal information obtained from the other party for the Agreement will be
protected under the terms of their privacy policies and applicable privacy
legislation.
8. AGREEMENT BINDING
This Agreement shall be binding upon and enure to the benefit of the parties
hereto, and their respective heirs, executors, administrators, successors and
assigns.
9. SEVERABILITY
If any covenant, provision or term of this Agreement should be at any time be
held by any competent tribunal to be void or unenforceable, then the Agreement
shall not fail but the covenant, provision or term shall be deemed to be severable
from the remainder of this Agreement which shall remain in full force and effect.
10. HEADINGS
The section headings are for purposes of convenience only, and shall not be
deemed to constitute a part of this Agreement or to affect the meaning or
interpretation of this Agreement in any way.
11. FORCE MAJEURE
Neither party shall be liable for damages caused by delay or failure to perform its
obligations under this Agreement where such delay or failure is caused by an
event beyond its reasonable control. The parties agree that an event shall not
be considered beyond one's reasonable control if a reasonable business person
applying due diligence in the same or similar circumstances under the same or
similar obligations as those contained in the Agreement would have put in place
contingency plans to either materially mitigate or negate the effects of such
event. If a party seeks to excuse itself from its obligations under this Agreement
due to a force majeure event, that party shall immediately notify the other party
of the delay or non-performance, the reason for such delay or non-performance
and the anticipated period of delay or non-performance.
12. NOTICE
Any notice required pursuant to this Agreement shall be in writing and delivered
personally, by Fax, email, or sent by registered mail (with proper postage) to the
following addresses:
City of Orillia Fire Department
500 Gill Street
Orillia, ON L3V 41_1
Attention: Fire Chief
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2E0
Attention: Fire Chief
or to such other addresses either of the parties may indicate in writing to the
other. Any notice given in accordance with this shall be deemed to have been
received upon delivery, if delivered personally, at the time of transmission if sent
by fax or email, or five (5) days after posting, if sent by regular mail.
13. ENTIRE AGREEMENT
Except as otherwise stated herein, this Agreement constitutes the entire
agreement of the parties, it supersedes any previous Agreement whether written
or verbal.
14. APPLICABLE LAW
This Agreement shall be construed and enforced in accordance with the laws of
Ontario and the laws of Canada applicable therein.
This Agreement comes into effect on the first day of January, 2016 and shall continue
in force for a period until the 31st day of December, 2019.
Dated at the City of Orillia this 5 day of N DO erOb Z.' , 20 1 5
THE CORPORATION OF THE CITY OF ORILLIA
L
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
HALegal Affairs\L04 Contracts\Communications\Current\Comm Agrmt Oro-Medontet 16-20 Draft.doc