1990-073 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90-73
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.
READ a first and second time this18th day of June, 1990.
READ a third time and finally passed this18th day of June, 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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R ve, R bert E. ~ru y
Robert W. Small
THIS INDENTURE made this 3 r d day of
July ,1990
BETWEEN:
THE CORPORATION OF THE CITY OF BARRIE,
of the FIRST PART
(hereinafter referred to as "Barrie")
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THE CORPORATION OF THE TOWNSHIP OF ORO,
of the SECOND PART
(hereinafter referred to as "Oro Township")
WHEREAS, Section 208 paragraph 1 of the Municipal
Act R.S.O. 1980 chapter 302 provides for fire protection
agreements between municipalities with respect to the
provisions of fire fighting equipment;
AND WHEREAS, Oro Township and Barrie are desirous
of entering into an agreement for Barrie to provide
certain fire dispatch services to Oro Township;
IN CONSIDERATION OF THE PREMISES and other good
and valuable consideration and the sum of ONE DOLLAR
($1.00), the parties agree as follows:
l.
That Barrie supply to Oro Township fire dispatch
services.
2. That Oro Township pay to Barrie $1.60 per capita
($l3,262.40) pro-rated from August 8, 1990 to December 3l,
1990 for all citizens protected by the Oro Township Fire
Department or under any agreement with other municipal
fire departments. In addition to all other costs to be
borne by Oro Township, 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 Township 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
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directly from Bell Canada or other parties which are
properly attributable to Oro Township under this
Agreement, Barrie shall identify and forward to Ora
Township invoices with respect to same which shall be paid
by Oro Township immediately upon receipt thereof;
4. That Oro Township agrees and acknowledges that
Barrie undertakes no duty of care to Oro Township or any
other party as a result of the provision of any services
under this Agreement and Oro Township agrees to idemnify
Barrie from any and all claims howsoever arising as a
result of any act of negligence on behalf of Barrie, its
agents, officers, employees, or assigns or otherwise, and
Oro Township agrees that it shall maintain liability
insurance with respect to any such claims as it deems
necessary in its absolute discretion, and Oro Township
acknowledges that the City of Barrie relies on the
provisions of Section 208, Paragraph 1 of the Municipal
Act, R.S.O. 1980, c. 302, with respect to any liability
under this Agreement.
5. Prior to this Agreement coming into force and
effect, Oro Township shall deliver to Barrie all necessary
information for the operation of the dispatch system, as
required by Barrie, including but not limited to Town maps
and any and all other pertinent data.
6. Oro Township 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.
7. Barrie will arrange for the purchase of all
necessary capital equipment with respect to the
installation of the necessary tape recording system.
Oro Township 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.
8. 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 prior notice in
writing to be delivered to the Clerk of the respective
party.
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9. 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. 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
8 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 WITNESS 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
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RPORATION OF THE TOWNSHIP OF ORO
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