1991-030 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 91-30
Being a By-Law to Authorize an Agreement for
Fire Protection between the Township of Oro and the
City of Barrie
WHEREAS section 210(24) and section 208(1) of the Municipal Act,
R.S.O., 1980 as amended provide 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 City 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 Administrator/Clerk are hereby
authorized to sign the agreement referred to in
Paragraph 1 of this by-law on behalf of the
Corporation.
3. That By-law No. 90-73 is hereby repealed.
4. This By-law shall come into force and take effect upon
passage thereof.
READ a first and second time this 15th day of April, 1991.
READ a third time and finally passed this 15th day of April,
1991.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Reeve, Robert E. Dru
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Administrator/Clerk, obert W. Small
fB."J -r fa.. \
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SChedule "A"
T HIS I N DEN T U REmade this 1st day of
1991
BETWEEN.:
'!HE (X)RRjRATION OF '!HE CITY OF BARRIE,
of the FIRST PARI'
(hereinafter referred to as "Barrie")
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'!HE (x)RroRATION OF '!HE 'Ia'JNSHIP OF 000,
of the SEa)ND PARI'
(hereinafter referred to as "Oro")
W HER E A S Section 208 paragratxl1 of the Municipal Act R.S.O.
1980 C1apter 302 provides for fire protection agreements between
municipalities with respect to the provisions of fire fighting
equip:nent; AND W HER E A S Oro an::l Barrie are desirous of
entering into an 1Igree1rent for Barrie to provide certain fire
dispatch services to Oro;
IN CONSIDERATION OF '!HE PERMISES an::l other good an::l valuable
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consideration an::l the sum of ONE ($1.00) OOLIAR,' the parties hereto
agree as follC1NS:
1. 'lbat Barrie supply to Oro fire dispatch services;
2. (a) 'lbat Oro pay to Barrie $1.70 per capita for all citizens
protected by the Oro Fire Department or urrler 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 dispatch.i.rq fee, to be paid i1mnediately upon this
Agreement caning into effect;
3. 'lbat Oro shall bear all costs associated with the m::x:iification
of the existing tele];ilone service an::l additions thereto
attributable to this 1Igree1rent, an::l without limiting theĊ½generality of the foregoing shall include the installation of
additional couplers for the recording system, an::l the costs and
rental charges associated with the additional telephone lines
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required for the dispatch system, including any alterations to
the existing teleiDone system an::l equip:nent of the Barrie Fire
Department, an::l for all charges an::l costs billed to Barrie
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directly from Bell Canada or other parties which are properly
attributable to Ore urrler this AgreelIa1t, Barrie shall identify
am forward to Ore invoices with respect to same which shall be
paid by Ore immediately ~n receipt thereof.
4. 'lliAT Ore Agrees am Ack:n<::Mledges that Barrie urrlertakes no duty
of care to Ora or any other party as a result of the provision
of any services urrler this AgreelIa1t am Ore agrees to irrlemnify
Barrie from any am all claims howsoever arising as a result of any
act of negligence on behalf of Barrie, its agents, officers,
employees, or assigns or otherwise, am Ore agrees that it shall
maintain liability insurance with respect to any such claims as it
deems necesscu:y in its absolute discretion, am Ore Ack:n<::Mledges
that the city of Barrie relies on the provisions of Section 208,
ParagraIill of '!he Municipal Act, R.S.O. 1980, Chapter 302, with
respect to any liability urrler this AgreelIa1t.
5. 'Ihat Ore agrees that it will assume control of Its own dispatch
centre (teleIilones, radio transmissions, etc) on a teIrp:>rary basis
if am when required am for such period of tine as may be required
by Barrie.
6. Prior to this AgreelIa1t earning into force am effect, Ore shall
deliver to Barrie all necesscu:y info:nnation for the operation of the
dispatch system, as required by Barrie, including but not limited to
maps am any am all other pertinent data.
7. Ore agrees to pay any labour costs inaJrred 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 AgreelIa1t.
8. Barrie will arran:Je for the purchase of all necessa:ry capital
equipnent with respect to the installation of the necessary tape
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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 equipnent incurred by Barrie.
9. '!his ~t shall remain in full force am effect for a :pericxi
of one year from the date of c:x:::tIU'neI'lt, subject to the right
of either party to terminate this Agreement on three mnth' s prior
notice in writin;J to be delivered. to the Clerk of the respective
party .
10. Ore ackn<::Mledges 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 arisin;J out of this Agreement, either party may determine
that additional equipnent or staffin;J (in the fonn of dispatchers
or otherwise) is necessary for the proper functioning of the
dispatch system. Should either party so detennine, then both
parties shall enter into negotiations to determ:i1e the necessity of
such additional equipnent or staffirx;J am if, as a result of such
negotiations, the parties are unable to agree as to such necessity,
then this Agreement shall be detenninable on one m::>nth' s notice in
writin;J by either party. Barrie shall maintain a log of all
dispatch calls received, which shall identify the originatin;J
municipality for all such calls. '!he te:nnination provisions
contained in this Section shall be in addition to those contained in
Section 9 of this Agreement.
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'lY'E ~ ,;Dal.l ensu"" to the lJeI"'fit of ard be birdW upOt\
,art;''''' ~ ard theit: "especti."e ~ ard assignS'
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gect.We c;orporate sealS to be ~ a ",..,.... tx=~
~ icer5' in t):1.at 'pebalf.
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