2023-095 By-law to Authorize the Execution of an Agreement for 9-1-1 Central Emergency Reporting Bureau Services and to Repeal By-law 2022-105The Corporation of the Township of Oro-Medonte
By -Law No. 2023-095
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. 2022-105
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:
�. 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 Clerk is hereby authorized to execute the agreement
on behalf of the Corporation.
3. This agreement comes into effect on the 1st day of January,
2024 and shall continue in force for a one-year period until
midnight on the 31 st day of December, 2024.
4. That By -Law No. 2022-105 is hereby repealed in its entirety.
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
8th day of November, 2023.
The Corporation of the Township of Oro-Medonte
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Mayor, Randy Greenlaw
Clerk, Yvonne Aubichon
BETWEEN:
AND:
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE
THIS XX DAY OF November A.D. 2023
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.
c) The Township agrees to pay to the City $0.561 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, 2024.
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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 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.
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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 ensure 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. TECHNOLOGICAL CHANGE
The Township agrees and acknowledges that in the event that technology required
to provide Dispatching Services changes significantly from what is contemplated
under this Agreement, the City may require an amendment to this Agreement, which
amendment may include, without limiting the generality of the foregoing, an
amendment to the City's responsibilities, the Township's responsibilities, or to the
fees set out in the Township's responsibilities. If the Township does not agree to
execute such an amendment, the City may terminate this Agreement upon one -
hundred twenty (120) days written notice to the Township.
12. 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
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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 and the
anticipated period of delay or non-performance.
13. 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 4L1
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.
14. 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.
15. 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 1st day of January 2024 and shall continue
in force for a two-year period until midnight on the 31 st day of December 2024.
Dated at the City of Orillia this XX day of November 2023.
THE CORPORATION OF THE CITY OF ORILLIA
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
IRE CHIEF
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