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HomeMy WebLinkAboutBRU 98 030 agree police service 'DIE ~CII OF 'DIE TClftfSHIP OF BRIJCE BY-IJIW NO. 98-30 BEING A BY-l»I to authorize the entering into an agreement between The Police Services Board for The Corporaticn of the city of Owen Sound; The Corporation of the Village of Paisley; The Corporation of the Township of Brant; The Corporation of the Township of Elderslie; The Corporation of the Township of Greenock; The Corporation of the Township of Saugeen; and The Corporation of the City of Owen Sound to operate a police cœm..mication and dispatch system including a paging service for the Paisley Fire Department and District. NCH 'IHEREroRE the Council of The Corporation of the Township of Bruce enacts as follows: 1. That The Corporation of the Township of Bruce do enter into the agreement with The Police Services Board for The Corporation of the City of Owen Sound; The Corporation of the Village of Paisley; The Corporation of the Township of Brant; The Corporaticn of the Township of Elderslie; The Corporation of the Township of Greenock; The Corporation of the Township of Saugeen; and The Corporaticn of the City of Owen Sound, which forms part of this by-law and a copy of which is hereto annexed. 2. That the Reeve and Clerk of The Corporation of the Township of Bruce are hereby authorized to execute the said agreement on behal f of the Township by their signatures and the affixing of the Corporate Seal of The Corporation of the Township of Bruce thereto and to deliver the agreement to another party to the agreement for further signatures. 3. This by-law shall cane into force and be effective upon its final passage and executicn of the said agreement by all the parties, at which time the agreement will be dated and one copy be returned to each party to the agreement. By-law introduced and read a First time this '1WE%ITY-THIRD day of JUNE, 1998. By-law read a Second time this '1WE%ITY-THIRD day of JUNE, 1998. By-law read a Third time and finally passed, signed, sealed, and nl.lWered 98-30 this 'lWI!m'Y-THIRD day of JUNE, 1998. ~ , ~ÆÁ. CLERK REEVE - -- SJ::AL - '~-_. . ' ~ ' " £ . t ./,:, This agreement made this day of ,1998. BETWEEN: THEPOUCE SERVICES BOARD FOR THE CORPORATION OF THE CITY OF OWEN SOUND (Hereinafter called the "Police Board") -and- THE CORPORATION OF THE VILLAGE OF PAISLEY , THE CORPORATION OF THE TOWNSHIP OF BRANT , THE CORPORATION OF THE TOWNSHIP OF BRUCE . , THE CORPORATION OF THE TOWNSHIP OF ELDERSLlE, l1lE CORPORATION OF THE TOWNSffiP OF GREENOCK, THE CORPORATION OF mE TOWNSHIP OF SAUGEEN (Hereinafter called the "Municipalitiesj -and- THE CORPORATION OF THE CITY OF OWEN SOUND (Hereinafter called the "City") WHEREAS the PoJice Board operates a police communication and dispatch system including a paging service. AND WHEREAS the municipalities own a Fire Department known as the Paisley and District Fire Department and hereinafter ca1Ied the "Fire Department". AND WHEREAS the Fire Department is operated by a joint Board of Management established pursuant to the provisions of the Ontario Municipal Act and known as the Paisley and District Fire Board and hereinafter called the "Fire Board". AND WHEREAS the Police Board has agreed to provide a twenty-four (24) hour paging service to the Fire Board on the terms and conditions hereinafter contained. ~ . '..... c'_ " .. - 2- NOW THEREFORE witnesseth that in consideration of the sum on].oo and other good and valuable consideration the parties mutually convenient and agree as follows: Article 1 . ~fin¡tion I. "Police Board" refers to the Owen Sound Police Services Board. 2. "Fire Board" refers to the Paisley and District Fire Board. 3. "Fire Department" refers to the Paisley and District Fire Department 4. "Police Chief' refers to the Chief of the Owen Sound Police Services. 5. "Fire Chief' refers to the Chief of the Fire Department. 6. "The Municipalities" refers collectively to all of the municipalities being the Townships of Brant, Broce, Elderslie, Greenock, Saugeen and the Village of Paisley. 7. "The City" refers to the City of Owen Sound. Article 2 - ~nsibili~ ofilia Po1ice Board 1. The Police Board shan provide to the Fire Department a 24 hours per day paging service. 2. The Police Board shall receive emergency telephone calis onbehalf of the Fire Department and immediately relay the information to the Fire Depar ment via a communication paging system approved by the Fire Department and using a telephone number designated by the Fire Department. 3. If the Fire Department does not respond to and confirm receipt of the first page within three (3) minutes the Police Board Dispatch Centre shall imm,ediately repeat the page. 4. If the Fire Department does not respond to and confinn receipt of the second page within a further three (3) minute interval the Police Board Dispatch Centre will immediately begin ca1Iing the members of the Fire Department from a predesignated list provided by the Fire Department. .. J -3- 5. The Police Board shall have no further responsibility to make further pages or calls after an initial contact has been made and confinned with the Fire Department and all emergency information has been relayed to the Fire Department ~ 6. The Police Board shall use its best efforts to provide a "hard copy" to the Fire Department, via fax, confirming particulars of all information received about the fire or emergency call, once the necessary fa.x technology has been incorporated into the fire dispatch system. 7. The Police Board shall take all reasonable efforts to immediately notify the Fire Department of any defect of which it becomes aware of in the Fire Department equipment or system which is causing problems in the fire emergency paging system. If the Fire Department can not be reached regarding defects which impair the paging system the Police Board may contact the agreed perso~ designated by the Fire Department to maintain the system in a fully operational status. All costs of such repairs to be at the expense of the Fire Department. Artic1e 3 - Responsihility of the Fire Department 1. The Fire Department and the Fire Board through the municipalities shall establish a system utilizing a telephone number designated by the Fire Board which may be used by all persons within the area served by the Fire Department for placing emergency tire related telephone calls to the Police Board Dispatch Centre located in the City of Owen Sound. 2. The Fire Department ",ill establish and train certain designated members to receive the page from the Police Board Dispatch Centre and to respond and confirm receipt of the information. 3. The Fire Department shall be responsible for relaying all information received from the Police Board Dispatch Centre to the proper members of the Fire Department for determination of the response required to react to each emergency situation. 4. The Fire Department shall maintain in good working order all equipment required to adequately receive and report to pages received from the Police Board Dispatch Centre. Such maintenance obligations shaIJ include engaging the services of an . independent contractor with sufficient expertise to fully maintain the system and who has the ability to provide such maintenance services in a timely manner. 5. The Fire Department shall provide in writing to the Police Board, upon the commencement of this agreement and prior to the first day of each year throughout the term of this agreement the name of and all other relevant details regarding the person or , , . '" < -4·· corporation who has been contracted by the Fire Department to provide maintenance and repair service to the system equipment 6. The Fire Department and the municipalities shall assume all financial obligations arising from the maintenance of its equipment including such costs incuued as a result of emergency service calls authorized by the Police Board. 7. The Fire Department shall upon the corrunencement of this agreement and as required throughout the term of this agreement, provide to the Police Board Dispatch Centre, directed to the Supervisor of support services, a list of the members and telephone nwnbers of the members designated to receive the emergency pages and shall provide further written notice of changes to such list or as otherwise may effect the operation of the system. Article 4 . P~onnel I. The Police Board shall employ such qualified and trained persons as are necessary to fulfill the obligations of the Police Board. 2. The Fire Board shall employ or appoint such qualified and trained persons as are necessary to fulfill the obligatioDS of the Fire Board and the Fire Department. Article 5 - Officer In C.h~1ie I. The Police Board DispatCh Centre shall be under the control of the officer in charge of the Owen Sound Police Services. The officer in charge shall have control over all personnel in the Centre. In the event of an emergency the officer in charge shall decide if the þersonnel need assistance and he or she shall provide such assistance as necessary to efficiently provide the service required to fulfill the obligations of the Police Board pursuant to the terms of this agreement. Article 6 . P1'nl!edU1'e and Poliqy 1. The Police Board or the Police Chief may tTom time to time revise the procedures and policies used in the handlin¡ of fire calls on behalf of the Fire Department. The Fire Board may approve any changes that are recommended. · " - 5- Article 7 . Financial Arraniements Phone >lnd Line Charges 1.(a) The Fire Board shall pay the cost of installing, renting or leasing the necessary phone equipment and land lines to facilitate the answering of calls by the Police Board Dispatch Centre. (b) All long distance telephone or fax charges are the responsibility of the Fire Board and if placed by the Police Board Dispatch Centre, will be billed to the Fire Board. Capital Eql1ipment Cost 2.(a) The acquisition of any capital equipment required to successfully operate the emergency paging system shall be at the cost of the Fire Board. The Fire Board shall be given the discretion to decide on the necessity and the type and cost of any equipment required. Co!l1: ofilie Service 3.(a) The Fire Board shall pay to the Police Board for the agreed services a fee of$I.OO per capita per year based on the population residing within each of the municipalities, in the actua1 area served by the Fire Department. (b) It is agreed that the population figures for the calculation of the fee at the commencement of this agreement shall be as follows: Village of Paisley 1,024 Townslùp of Brant 65 Townslùp of Bruce 395 Township ofElderslie 581 Township of Greenock 350 Townslùp of Saugeen .....1J). Total Population 2,485 Total Fee $1.00 x 2,485 - $2,485.00 " ... . - 6· (c) The annual fee shall be invoiced by the Police Board in January of each year throughout the tenn of this agreement. The fee for the first year of operation shall be pro- rated based on the number of months remaining in the year after the agreement commences. (d) The Police Board agrees to provide the servicc at the agreed fee until December 31,1999. ( e) All fees and costs "ill be exclusive of GST and the Fire Board shall pay GST and any other applicable taxes which might be imposed on such services during the tenn of this agreement. (f) It is agreed that all fees and costs owing to the Police Board pursuant to this agreement shall be due and owing within 30 days of the receipt of an invoice by the Department. Article 8 - Cost Adiu.~ent I. Provided this agreement is still in full force and effect, the fee for the paging service shall be adjusted on January 1, 2000 and annually thereafter on the 1 st day of January in each year during the_term of this agn:ement based on a negotiated fee for service. In the event such fee has not been agreed to as of January 1, 2000 the parties shan continue to provide the services pursuantto this agreement until a new fee has been agreed. Any changes to the fee agreed to after January 1,2000 shall be retroactive to January 1, 2000. Article 9 - Term of Agreement 1. This agreement will be binding on the parties upon its final execution by the authorized signing officers of all of the parties. 2. The obligations under thisagreen1ent will come into force on the day of ,1998 and will continue until December 3 I, 1999, at which time it shall be renewed automatica1Iy on an annual basis unless and until terminated as hereinafter provided. Article 10 - Tenninatíon 1. It is agreed that this agreement may be terminated for any reason upon the Fire Board giving at least six monthspotice in ""TitinS to the Police Board, provided that regardless of when the notice of termination ¡sgiven the effective dilte oftennination shall be December 31, in the year in which the six month notice period expires. , J ·7- 2. The parties shall remain liable for all obligations under the terms of this agreement until the effective date of termination. 3. The Police Board may terminate this agrcement at any time on 60 days notice in the event of non-payment by the Fire Board. 4. Notwithstanding the expiration or termination of this agreement nothing shall relieve the Fire Board of any accrued obligaLions to pay money owing to the Police Board nor entitle the Fire Board to any refund of amounts paid unless such amounts represent an overpayment beyond the tennination date. 5. Upon termination, any equipment required to operate the system located in the Police Board Dispatch Centre shall remain the property of the Board without reimbursement to the Fire Board. 6. In the event of the termination of this agreement the Police Board agrees to co- operate in returning to the Fire Board such records, infonnation and data as the Fire Board may reasonably request regarding the emergency calls received by the Police Board and the operation of the system. The Fire Board shall pay the reasonable costs of the Police Board in retrieving and delivery of such infonnation. The Police Board agrees to assist the Fire Board with a smooth transition to an alternate communication system and to expedite as quickly as possible such transition. Article 11 - Advi!i10'=Y Meetines I. The Fire Chief and Police Chief shall meet from time to time as they determine necessary to address problems relating to the paging system and the terms of this agreement and to make recommendations for changes to the agreement or such other matters as may assist in the effective provision of services to the Fire Department. Article 12 - Cha.n¡eg in Service Ann Amendmp.nts 1.(11.) The parties to this agreement acknowledge the anticipated introduction of a 911 emergency system in the County of Bruce on or about June 1, 1998. It is agreed that such service will not chan¡e the cost or terms of this agreement other then certain technical changes to the telephone numbers used to access the system. (b) It is acknowledged that this agreement does not provide the service level required by tiered response to emergency calls and if tiered response is implemented by the municipalities, it is agreed that the fee for such service shall have to be negotiated in addition to the fees for the services provided in this agreement. '- " - 8· (c) The parties agree that they may by mutual written consent amend any terms of this agreement, provided such amendments shall be in writing approved by both parties. Article 13 . Limitation ofLiabiJi~ I. The Police Board's sole obligation under this agreement is to provide the services as agreed without any obligation with respect to the network transmission capacity of common carriers or the reliability of equipment of the Fire Department or of third parties involved in transmitting the paging sifitlals. 2. The Fire Board assumes liability for and will indemnify the Police Board and hold it harmless !Tom and against any and all liabilities, obligations, losses, dRmages, injuries, claims, demands, penalties, costs and expenses of whatever kind and nature imposed or asserted against the Police Board by reason of any act or failure to act by the Fire Board or the Fire Department or its employees or members, pursuant to this agreement or otherwise in the exercise or fulfùlment of the Fire Departments obligations hereunder. , Without limiting the generality of the foregoing, the Fire Board shall indemnify and hold harmless the Police Board against and from any and all claims, loss or liability arising out of, or connected with: (i) The Fire Board and the Fire Departments performance of its obligations hereunder. (ii) The breach by the Fire Board of any representation or covenant contained in this agreement. (iii) Improper installation, support, tnaintenance or other acts done by the Fire Board or its personnel or contractors regarding its obligations to the emergency paging system. 3. It is agreed that the obligation of the Fire Board to indemnify and save harmless the Police Board shall not exist if such liability arose by the negligence of the Police Board in fulfilling its obligations pursuant to this agreement and the Police Board shalI fully indemnify and save harmless the Fire Board and the municipalities from all such charges arising ftom its negligence. 4. The obligations to indemnify and the limitations on liability contained in this agreement shall survive the tennination of this agreement. , .? -9- Article 14 - Insurance I. The Fire Board and the Police Board shall ensure that all insurance coverage set out in this paragraph are in place prior to the commencement of the provision of the services. , The Fire Board and the Police Board shall each asswne a public liability, insurance policy issued by an insurance company authorized by law to carry on business in Ontario. Such policy shall show each other as joint insureds and shall have insurance limits of not less than $2,000,000.00 for bodily injury and property damage resulting from anyone occurrence and shall contain a cross-liability clause of standard wording in Ii fonn acceptable to each Board. Artic1@ IS - The ~itv AM th~ Mllnicipa1itie~ 1. It is acknowledged that the Fire Board is the agent of the municipalities and the Police Board is the agent of the City with respect to all matters relating to this agreement. 2. It is agreed that the City is independent from the Police Board and shall be fully indemnified and saved harmless by the other parties from all actions, suits, claims and demands whatsoever arising ftom the performance of these duties by the Police Board.' 3. The municipalities and the City consent to this agreement. 4. The municipalities acknowledge the Fire Board is a joint Board established for the benefit of providing fire protection services for the benefit of all of the municipalities and the mwticipalities agree they are jointly and severally liable to the Police Board for the costs and other obligations arising from this agreement. 5. The municipalities agree that they shall be liable among themselves for such costs and obligations in such a proportion as they shall from time to time agree in writing. Article 16 - Miscellaneou.~ Nnrlce~ 1. Notices of Termination or for any other reason may be served on the Fire Board Chair or the Fire Chief or the Police Board Chair or the Police Chief or mailed by prepaid Registered Mail in the case of: (a) The Paisley and District Fire Board - Attention: The Chair The Chief of the Paisley and District Fire Department clo · , .... ,~ - 10· (b) The City of Owen Sound Police Services Board· Attention: The Chair The Chief of the Owen Sound Police Services c/o or such othet addresses as the parties may from time to time advise each other by notice in writing. The date of such notice, demand or request shall be deemed to be the date of delivery of such notice if served petsonally, or if mailed as provided, on the 4th day of business following the date of such mailing. Bindíni Agreement 2. This agreement shall be binding upon and enure to the benefit of the parties hereto and their successors or assigns including any other entity or organization which shall succeed to the parties whether by merger, amalgamation, consolidation, sale of all or part of the assets of the party or otherwise including by operation oflaw. Di¡;pute Resolution 3. The parties agree that if any dispute arises between them in connection with this agreement which they themselves ate not able to resolve, it is their intention that such dispute be first referred to a form of meaningful mediation which the parties shall agree upon and shall in good faith pursue and participate in. 4. If such dispute can not be resolved after mediation then the matter in dispute shall be resolved by such enforceable action as any such party may commence. Agreement authorized by by-law or resolution Dated: THE POLICE SERVICES BOARD FOR THE CORPORATION OF THE CITY OF OWEN SOUND per: Police Chief Chair of the Board JUN 11 '98 11:31 WAEa-rrER f'R3 ,1)1n , . Agreement authorized by by-law or resolution Dated: Dated: Dated: Dated: 267 P13 ~. ~ -11 - TIlE CORPORATION OF THE VILLAGE OF PAISLEY per: Reeve Clerk THE CORPORATION OF THE TOWNSHIP OF BRANT per: Reeve Clerk THE CORPORATION OF THE TOWNSIDP OF BRUCE per: Reeve Clerk THE CORPORATION OF THE TOWNSIDP OF ELDERSUB per: Reeve Clerk JU'I 11 .::It! 11:..11 WH~~HI~ MHbWUUU <!.b"( 1"'14 . . . ... ...r .. ]2.. Dated: 1HE CORPORATION OF THE TOWNSHIP OF GREENOCK per: Reeve Clerk Dated: THE CORPORATION OF THe TOWNSHIP OF SAUGEEN per: Reeve Clerk Dated: THE CORPORATION OF THE CI1Y OF OWEN SOUND per: Mayor CAO Ibis agreement is acknowledged by the Paisley and District Fire Board. Per: Chair Per: Secretary