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2022-105 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 Orilla and Repeal By-law 2021-097The Corporation of the Township of Oro-Medonte By -Law No. 2022-105 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. 2021-097 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". 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, 2023 and shall continue in force for a one-year period until midnight on the 31st day of December, 2023. 4. That By -Law No. 2021-097 is hereby repealed. 5.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 14th day of December, 2022. The Corporation of the Township of Oro-Medonte ayor, Randy Greenlaw PLS)-(4 Clerk�Yvonne Aubichon Schedule IN to By -Law No. 2 - BETWEEN: AND: MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 01th DAY OFJANUARY, 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. -1- 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 December31, 2023. 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. -3- 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 -4- 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. -5- This agreement comes into effect on the 1st day of January, 2023 and shall continue in force for a two-year period until midnight on the 31 st day of December, 2023. Dated at the City of Orillia this XX day of August 2022 THE CORPORATION OF THE CITY OF ORILLIA FIRE CHIEF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE )746-\--N- FIRE CI1I F or CLERK