2020-131 By-law to Authorize the Execution of an Agreement for 9-1-1 Central Emergency Reporting Bureau (C.E.R.B) Services between the Township of Oro Medonte and the City of Orillia and to repeal 2016-178The Corporation of the Township of Oro-Medonte
By -Law No. 2020-131
Being a By-law to Authorize the Execution of an Agreement
for 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.) Services
between the Township of Oro-Medonte
and the City of Orillia
and to Repeal By -Law No. 2016-178
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 9-1-1 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 an agreement with the City of
Orillia for 9-1-1 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 1 st day of January, 2020 and shall
continue in force until the 31st day of December, 2020.
4. That By -Law No. 2016-178 is hereby repealed.
5. That this by-law shall take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 9th day of
December, 2020.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. H
JC"��'/�
, Yvonne Aubichon
ScMdtlule VA to By -Law No. 'D-ao — I - I
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS DAY OF
V` —��v u�o�C , A.D. 20 M
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. CITY'S RESPONSIBILITIES
The City shall be responsible for the following:
Providing emergency 9-1-1 C.E.R.B. services to the Township including:
a) 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.
b) 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.
c) 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.
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d) 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.
e) 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.
f) 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.
g) 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.
h) 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.
2. TOWNSHIP'S RESPONSIBILITIES
The Township shall be responsible for the following:
a) 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.
b) The Township shall provide to Bell, in written form, all geographical
information, including street names, addresses and borders within their 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.
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c) The Township agrees to pay to the City $0.81 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, 2020.
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 calls arising out of this Agreement, either party
may determine that additional equipment or personnel is necessary for the
proper functioning of the C.E.R.B. 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
in
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
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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 and the anticipated
period of delay or non-performance.
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
1487 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 personal, at the time of transmission if sent
by fax or email, or five (5) days after posting if sent by regular mail.
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 herein.
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This agreement comes into effect on the 15t day of January, 2020 and shall continue in
force for a three-year period until midnight on the 31st day of December, 2020.
Dated at the City of Orillia this First day of September 2020
THE CORPORATION OF THE CITY OF ORILLIA
FIRE CHIEF
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
HALegal Affairs\L04 Contracts\Communications\9-1-1 Oro-Medonte 2020 - draft.doc