1997-010 To Authorize an Agreement for Fire Dispatch Services 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. 97-10
Being a By-law to Authorize an Agreement for Fire Dispatch
Services between the Township of Oro-Medonte and the City of
Barrie.
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 5TH DAY OF FEBRUARY,
1997.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF
FEBRUARY, 1997.
THE CORPORATION OF THE TOWNHSIP OF ORO-MEDONTE
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MAYOR, IAN BEARD
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T HIS
I N DEN T U REmade this 24th day of
February, 1997
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. M.45 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 fire dispatch services;
2. (a) That Oro-Medonte pay to Barrie $1.85 per capita for all
citizens protected by the Oro-Medonte Fire Department or under any agreement
with other municipal fire departments. In addition to all other costs to be
borne by Oro-Medonte, as set out in this Agreement, such fee to be called a
dispatching fee, to be paid monthly upon this Agreement coming into effect;
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.
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4. THAT Oro-Medonte Agrees and Acknowledges that Barrie
undertakes no duty of care to Oro-Medonte or any other party as a result of
the provision of any services under this Agreement and Oro-Medonte agrees to
indemnify Barrie from any and all claims howsoever arising as a result of any
act of negligence on behalf of Barrie, its agents, officers, employees, or
assigns or otherwise, and Oro-Medonte agrees that it shall maintain liability
insurance with respect to any such claims as it deems necessary in its
absolute discretion, and Oro-Medonte Acknowledges that the city of Barrie
relies on the provisions of Section 207, Paragraph 1 of The Municipal Act,
R.S.O. 1990, c. M.45, with respect to any liability under this Agreement.
5. That Oro-Medonte agrees that it will assume control of its
own dispatch centre (telephones, radio transmissions, etc.) at Station #1
(Shanty Bay), Station #2 (Hawkestone), Station #3 (Horseshoe), Station #4
(Rugby), Station #5 (Warminister) and Station #6 (Moonstone) on a temporary
basis if and 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 Town
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.
9. This Agreement shall remain in full force and effect for a
period of one year from the date of commencement, subject to the right of
either party to terminate this Agreement on three month's notice in writing to
be delivered to the Clerk of the respective party.
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
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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, which
shall identify the originating municipality for all such calls. The
termination provisions contained in this section shall be in addition to those
contained in Section 9 of this Agreement.
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
Ac ing Mayor
THE TOWNSHIP OF ORO-MEDONTE
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