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2020-132 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. 2015-201The Corporation of the Township of Oro-Medonte By -Law No. 2020-132 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. 2015-201 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: 1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for 9-1-1 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 1 st day of January, 2020 and shall continue in force until the 31st day of December, 2020. 4. That By -Law No. 2015-201 is hereby repealed. 5.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 Cor oration of%the Township of Oro-Medonte l d'lY'Y Ma or, H.rS. �u ens,^ Cler , Yvonne Aubichon Schedule A to By -Law NO. aO-a 13 a, MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS r'I DAY OF �-;,-c-v,-"-�,(' A.D.20 ay Ie7:01U90:1041 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 Town agrees to pay the City $ 2.10 per capita beginning January 1, 2020 ($2.06 in 2019) for the service of dispatching the Town 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 Vt as per the Consumers Price Index for Ontario (annual average published by Statistics Canada each preceding November-2.0 in 2019) until the expiry of the contract on December 31, 2020. 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, 2020 and shall continue in force for a period until the 31 st 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 M YOR CLER HALegal Affairs\L04 Contracts\Communications\Current\Comm Agrmt Oro-Medontet 2020 - Draft.doc