1993-060 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 93- 60
Being a By-Law to Authorize an Agreement for Fire Protection
between the Township of Oro and the City of Barrie
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WHEREAS Section 207, s.l of the Municipal Act, R.S.O., 1990
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 and the eity 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;
NOW THEREFORE the Council for The Corporation of the Township
of Oro hereby enact as follows:
1. That the Township of Oro 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 Reeve and Clerk are hereby authorized
to execute the agreement on behalf of the
Corporation.
3. That this By-law shall corne into full force
and effect on its final passing thereof.
READ a first and second time this 1st day of September, 1993.
READ a third time and finally passed this 1st day of September,
1993.
THE CORPORATION OF THE TOWNSHIP OF ORO
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\ Schedule "A"
T HIS I N DEN T U REmade this 1st day of September, 1993
BET WEE N:
THE CORPORATION OF THE CITY OF BARRIE,
(hereinafter referred to as
of the FIRST PART
"Barrie")
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-and-
THE CORPORATION OF THE TOWNSHIP OF ORO
of the SECOND PART
(hereinafter referred to as "Oro")
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 and Barrie are desirous of entering into
an Agreement for Barrie to provide certain fire dispatch
services to Oro;
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 fire dispatch services;
2. (a) That Oro pay to Barrie $1.80 per capita
for all citizens protected by the Oro Fire Department or
under any agreement with other municipal fire departments. In
addition to all other costs to be borne by Oro, as set out
in this Agreement, such fee to be called a dispatching fee,
to be paid immediately upon this Agreement coming into effect;
3. That Oro 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 under this Agreement, Barrie
shall identify and forward to Oro invoices with respect to
same which shall be paid by Oro immediately upon receipt
thereof.
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4. That Ora Agrees and Acknowledges that Barrie
undertakes no duty of care to Ora or any other party as a
result of the provision of any services under this Agreement
and Oro agrees to indemnify Barrie from any and all claims
howsoever arising a3 a result of any act of negligence on
behalf of Barrie, its agents, officers, employees, or assigns
or otherwise, and Oro agrees that it shall maintain liability
insurance with respect to any such claims as it deems necessary
in its absolute discretion, and Oro 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 agrees that it will assume control
of its own dispatch centre (telephones, radio transmissions,
etc.) at Station #1 (Shanty Bay) and Station #2(Hawkestone)
and Station #3 (Edgar) and Station #4 (Rugby) 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 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 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 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 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 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.
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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 WIT N E S S 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
THE CORPORATION OF THE TOWNSHIP OF ORO
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