HomeMy WebLinkAbout21 181 Emergency Communications (Town of Tillsonburg) Agreement By-law (2)THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 181
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
THE CORPORATION OF THE TOWN OF TILLSONBURG FOR THE SERVICE
OF EMERGENCY COMMUNICATIONS WITHIN THE
MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that
the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Municipality passed By-law No. 2015 - 014 to enter into an
agreement with Tillsonburg Fire Communications for the service of emergency
communications;
AND WHEREAS the Municipality was advised that the Corporation of the Town of
Tillsonburg (Tillsonburg Fire Communications) desired to amend the existing
agreement to incorporate changes to the pricing structure due to required updates
for the Next Generation 9-1-1 costs as per Report Emergency Services-2021-02;
AND WHEREAS the Municipality deems it advisable to enter into a new
agreement with the Corporation of the Town of Tillsonburg for the provision of the
service of emergency communications;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.That the Council of The Corporation of the Municipality of Kincardine enter
into an agreement with the Corporation of the Town of Tillsonburg for the
service of emergency communications, attached hereto as Schedule ‘A’
and forming part of this by-law.
2. That the Mayor and Chief Administrative Officer be hereby authorized to
execute, on behalf of The Corporation of the Municipality of Kincardine, the
service agreement and any other documents required.
3.That By-Law No. 2015 - 014 be hereby repealed.
4.This by-law shall come into full force and effect upon its final passage.
5.This by-law may be cited as the “Emergency Communications (Town of
Tillsonburg) Agreement By-law”.
READ a FIRST and SECOND TIME this 15th day of November, 2021.
READ a THIRD TIME and FINALLY PASSED this 15th day of November, 2021.
Mayor Clerk
Fire Dispatch Services Agreement
THIS AGREEMENT made thisl5 day of November ,2021
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the"Town of Tillsonburg")
-and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(the"Municipality")
WHEREAS:
1. Pursuant to the provisions of the Municipal Act,S.O.2001,S.O.2001, c.25,as amended,
the parties have enacted By-laws to authorize an agreement between the parties;
2. The Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a
municipality to provide and/or receive fire protection services to or from other
municipalities;
3. The Town of Tillsonburg operates fire protection services and holds fire protection assets
including fire communications personnel and equipment suitable to meet municipal
responsibilities required by the Fire Protection and Prevention Act, through a fire
department situated within the Town of Tillsonburg;
4. The Town of Tillsonburg has agreed to provide such Fire Communications services to the
Municipality
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties agree as follows:
Services Provided:
1. The Town of Tillsonburg shall supply fire communications services to the Municipality the
particulars of which are as described in Schedule"A"to this agreement.The Municipality
shall meet its obligations described in the same Schedule"A".
2. The fire communications services provided by the Town of Tillsonburg shall comply with
the Standard Operating Guidelines,which regulate the operation and maintenance of the
Tillsonburg Fire&Rescue Services Fire Communications.
Consideration:
3. The Municipality shall pay fees to the Town of Tillsonburg as described in Schedule"B"to
this agreement.
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Term:
4. This agreement shall remain effective for a period of five (5) years from the date of
signature, unless terminated sooner pursuant to the provisions of this agreement. If not
terminated or expressly renewed in writing or supplanted by a succeeding agreement,
this agreement shall be deemed to have been automatically renewed for a period of
indefinite duration of annual fees to be set in accordance with this Agreement unless and
until one of the parties provides written notice of termination as contemplated in this
agreement.
5. Notwithstanding the provisions of the preceding paragraph, either of the parties may
withdraw from this agreement upon providing six months' written notice to the other
party. Any monies owing to the Town of Tillsonburg, and not paid, shall be paid to the
Town of Tillsonburg prior to the date of termination.
Service Commencement Date:
6. The Town of Tillsonburg shall provide fire communications services in accordance with
this agreement effective on January 01,2022.
Indemnity and Limitation of Liability:
7. Indemnity:Each party(the"Indemnifying Party')agrees to indemnify and save the other
party(the"Indemnified Party')harmless,along with their respective councillors,officers,
employees and agents from any liability,action,claim, loss,damage,payment,cost,fine,
fine surcharge, recovery or expense, including assessable legal fees arising out of the
performance of the Indemnifying Party's obligations under this agreement, save and
except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine
surcharge, recovery or expense, including assessable legal fees, directly attributable to,
arising from, or caused by the negligence or breach of contractual obligation hereunder
by the Indemnified Party.
8. Force Majeure: Notwithstanding that set forth in the preceding paragraph, the parties
agree that no party or parties shall be held responsible for damages caused by delay or
failure to perform its or their undertakings under the terms of the agreement when the
delay or failure is due to fires,strikes,floods,acts of God or the Queen's enemies, lawful
acts of public authorities,or delays or defaults caused by common carriers which cannot
reasonably be foreseen or provided against.
9. Limitation of Liability: Notwithstanding any other provision in this contract or any
applicable statutory provisions, neither party shall be liable to the other party for special
or consequential damages or damages for loss of use arising directly or indirectly from
any breach of this contract, fundamental or otherwise, or from any tortious acts or
omissions of their respective employees or agents,save and except when such damages
or losses are directly attributable to,arise from,or are caused by the breach of contractual
obligation,fundamental or otherwise,or from any tortious acts,including negligence, by
such party, including its or their respective employees or agents. Without limiting the
generality of the foregoing,the parties specifically agree that the Town of Tillsonburg shall
not be liable for any damages arising as a result of any injury or damage caused or
sustained by personnel, apparatus, or equipment of the fire department of the
Municipality while engaged in the provision of fire protection services. Nothing in this
provision shall be interpreted to affect or interfere with the right of any of the parties to
take action to enforce the terms of this agreement.
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10. Right to Enforcement: The parties hereto agree that no provision herein, or any part
thereof,shall be interpreted or act so as to affect, restrict, prohibit,or interfere with the
right of any party hereto, either individually or in combination,to demand or otherwise
take action or commence proceedings to enforce the terms of this agreement.
11. Insurance:The Municipality shall obtain and maintain throughout the term,including any
and all renewal periods,insurance coverage to a minimum of$5,000,000.00,with a clause
naming the Town of Tillsonburg as an additional named insured, against all claims for
public liability and property damage which may arise in respect of providing or failing to
provide fire dispatch services to the Municipality or from this agreement.The policy shall
insure each person, firm or corporation insured hereunder in the same manner and to
the same extent as if a separate policy had been issued to each. A certified copy of the
insurance shall be delivered to the Town of Tillsonburg's Clerk upon execution of this
agreement and copies of any and all renewals shall forthwith be provided to the Town of
Tillsonburg.The insurance shall not be cancelled or changed without first giving the Town
of Tillsonburg a minimum of 30 days'prior written notice.
12. Existing Service:The parties agree the same dispatch system will be used for providing
fire dispatch services to the Municipality as are used by and for the Town of Tillsonburg.
The Municipality acknowledges and agrees that there is no obligation or requirement of
any kind for the Town of Tillsonburg to acquire, use or implement any equipment,
technology, information (including mapping data), training, or procedures of any kind
whatsoever for the purposes of providing the fire dispatch services under this agreement.
13. Response to Calls: The Municipality acknowledges and agrees that nothing in this
agreement requires or intends that the Town of Tillsonburg shall physically respond to
any call directed or paged to the Municipality's Fire Department and further
acknowledges and agrees that the Town of Tillsonburg shall not be responsible for any
failure of the Municipality to receive any 911 calls for any reason whatsoever which were
directed to Tillsonburg Fire and Rescue and paged by Tillsonburg Fire and Rescue to the
Municipality's Fire Department,or for any failure by the Municipality to respond to or to
improperly respond to any such 911 calls.
14. 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, including the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990,c. M.56,as amended.
Amendment:
15. The parties may amend this agreement from time to time by further written
memorandum.
16. Should any of the parties wish to amend the terms of this agreement, it shall provide a
minimum of thirty days written notice to the other party of the proposed terms of
amendment.
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Dispute Resolution:
17. In the event that a dispute arises or disputes arise between the parties which cannot be
resolved, the parties shall submit the dispute or disputes to arbitration using the
procedure set out in the Municipal Arbitrations Act, R.S.O. 1990,c.M-48,as amended.
18. In the event that a dispute or disputes is submitted for arbitration, the decision or
decisions of the arbitrator shall be final and binding upon the parties to this agreement.
19. In the event that arbitration cannot be conducted using the procedure set out in the
Municipal Arbitrations Act,the parties shall select a single arbitrator, and in the absence
of agreement on an arbitrator, the arbitrator shall be nominated by a justice of the
Superior Court of Justice of the Ontario Courts under the procedure set out in the
Arbitration Act,S.O. 1991,c. 17,as amended.
General Provisions:
20. This agreement is not assignable without the written consent of the parties.Any attempt
to assign any of the rights,duties or obligations of this agreement without written consent
is void.
21. This agreement shall not be in force,or bind any of the parties, until executed by all the
parties named in it.
22. This agreement shall take effect upon its execution by the authorized representative or
representatives of the Town of Tillsonburg and the Municipality.
23. Any notice under this agreement shall be sufficiently given by personal delivery or by
registered letter, postage prepaid and mailed in a Canadian post office,addressed,in the
case of notice to the Town of Tillsonburg,to the municipal offices of the Corporation of
the Town of Tillsonburg and, in the case of notice to the Municipality,to the respective
municipal office of the Municipality, or to any other address as may be designated in
writing by the parties, and the date of receipt of any notice by mailing shall be deemed
conclusively to be ten days after the mailing.
24. No change or modification of this agreement(including the schedules to this agreement)
shall be valid unless it be in writing and signed by each party.
25. The Town of Tillsonburg and the Municipality agree that no representation,statement or
agreement,other than those set out in this agreement,shall be binding upon the parties
unless expressed in writing, signed by an authorized representative or by authorized
representatives of each and purporting to be expressed in modification of this agreement.
26. The parties agree that each of them shall, upon reasonable written request of the other,
do or cause to be done all further lawful acts, deeds and assurances whatever for the
better performance of the terms and conditions of this agreement.
27. It is intended that all provisions of this agreement shall be fully binding and effective
between the parties, but in the event that any particular provision or provisions or a part
of one is found to be void,voidable or unenforceable for any reason whatever,then the
particular provision or provisions or part of the provision shall be deemed severed from
the remainder of this agreement and all other provisions shall remain in full force.
28. This agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario.
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29. Subject to the restrictions on transfer and assignment,this agreement shall endure to the
benefit of and be binding on the parties and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the
hands of their proper officers and further this agreement shall be signed in counterpart with
the parties named below and a copy of each counterpart shall remain attached to and form
part of this agreement.
DATED at Tillsonburg,Ontario,the15 day of November ,21
THE CORPORATION OF THE TOWN OF
TILLSONBURG
Shane Casukanett e
g RedeV y 'the ! A NN m
Name: Shane Caskanette
Title: Fire Chief/CEMC
I am authorized to bind the corporation.
DATED atTillsonburg Ontario,the15 day of November ,2021.
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
Gerry Glover
Sign d with Co sig O Cloud(2021/1129)
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Name: Gerry over
Title: Mayor
Roxana Baumann ° °IIIIIII
5lgned wi the Igno doud(2021/11/29) III
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Name:Roxana Baumann
Title:CAO
We have the authority to bind the Corporation
of The Municipality of Kincardine
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SCHEDULE A
The Town of Tillsonburg shall provide the following services and facilities:
1. A 24 hour,seven days a week,365 days a year answering service,alert paging service and
base radio communications dispatch service fully integrated with a Computer Aided
Dispatch (CAD)system.
2. A base station manufactured and installed to industry standards complete with the
Municipality Fire Department Dispatch frequency.The Town of Tillsonburg shall operate
and maintain these services and facilities from two primary public safety communications
consoles located in a municipally owned building at 80 Concession Street, East,
Tillsonburg. The building shall be equipped with an automatic transfer emergency
generator. In the event of system maintenance and/or upgrades,all parties affected shall
be granted twenty-four hours prior notification.
3. An emergency (third) backup base station manufactured and installed to industry
standards complete with the Municipality Fire Department Dispatch frequency.The Town
of Tillsonburg shall operate and maintain these services and facilities from a public safety
communications console located in a municipally owned building at 10 Lisgar Ave,
Tillsonburg. The building shall be equipped with an automatic transfer emergency
generator. In the event of system maintenance and/or upgrades all parties affected shall
be granted twenty-four hours prior notification.
4. Answering, alerting and radio communications dispatch equipment shall be staffed
continuously by personnel trained to the core competencies outlined in Ontario Fire
Service Communicators Standard and the National Fire Protection Association (NFPA)
1061 Standard for Professional Qualifications for Public Safety Telecommunicators.
5. Transmission of information shall be seamless from when the information is received
from the Public Safety Answering Point(PSAP)until the time an emergency is terminated
by the Incident Commander and shall be provided in accordance with the time targets
specified within NFPA 1221. Seamless is defined to mean without interruption and
continuously from the initial call until the satisfactory resolution of the incident.
6. All emergency incident information shall be logged on the CAD system by the
communicator and all telecommunications shall be captured on a digital voice recorder.
At the completion of the event a detailed incident report shall be collated and forwarded
to the Municipality Fire Department via email or other means as arranged between the
parties within four hours of termination of command. All audio transmissions shall be
recorded from licensed dispatch channels and dedicated phone lines and shall be
available to the Municipality Fire Department upon request as arranged between the
parties. Recordings shall be made on non-interruptible, non-erasable media. All records
including digital voice recordings shall be maintained for a period of two years.
7. Upon the request of the Incident Commander for any additional resources or to relay
emergent messaging to other persons,the fire communicator shall relay such requests in
a prioritized fashion via telecommunications equipment and shall report confirmation of
same to the Incident Commander.
8. Testing of paging system equipment shall be provided as arranged by the parties.
The Municipality Fire Department shall provide the following without cost to the Town of
Tillsonburg:
a. All GIS mapping for its protection area/response zone boundaries.
b. All radio transmitting and receiving equipment, licensing and maintenance of
same external to the boundary of the Town of Tillsonburg.
c. Routing of Emergency 911 telecommunications from the Public Safety Answering
Point (PSAP) and the Central Ambulance Communications Center (CACC) as
required to meet the approved fire protection services provided by the
Municipality for its fire protection area/response zone boundaries inclusive of all
required ANI/ALI, GIS mapping and all site location information so that it is
seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP)
serving the Tillsonburg_Fire Communications Division.
d. The Municipality agrees that it will at all times indemnify and save harmless the
Town of Tillsonburg, its employees, officers, servants, agents and assigns,
including the members of the Town of Tillsonburg's Fire and Rescue Services
Department, from any and all claims, actions suits or demands for damage or
otherwise arising from any errors, modifications or inaccuracies in the CAD
Mapping, or from any misuse, misinterpretation or misapplication thereof,
whether or not due to the negligence of the Town of Tillsonburg, its employees,
officers,servants,agents or assigns.
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SCHEDULE B
FEES TO BE PAID BY THE MUNICIPALITY TO THE TOWN OF TILLSONBURG
1. The Fee Structure contained within this agreement is predicated upon the contractual
participation of the Municipality for a period of not less than five(5)years starting January
1,2022.
2. For dispatching, Municipality shall pay to the Town of Tillsonburg, semi-annually, as
invoiced by the Town of Tillsonburg,a per capita rate(the"Rate"),excluding HST,for the
entire Dispatch Area.The Rate applies to all citizens protected by the Municipality's Fire
Department, or under any agreement with other municipal fire departments. For
purposes of this agreement,the number of citizens protected by the Municipality's Fire
Department will be the Municipality's population as determined by the most recent
census by Statistics Canada.The Rate payable each year of the Term of this agreement
shall be:
2022 $2.90
2023 $3.60
2024 $3.71
2025 $3.83
2026 $3.94
3. The Municipality shall be responsible for its proportionate share of future capital costs
relating to the Town of Tillsonburg's provision of fire dispatch services,including(without
limitation) in relation to 911 and Next-Generation-911 systems. The Municipality's
proportionate share of such costs shall be calculated as the percentage that the
Municipality's population comprises within the total population served by the Town of
Tillsonburg's fire dispatch services,when such costs are incurred (according to the most
recent Statistics Canada census).The per capita contribution payable by the Municipality
during the Term of his agreement, to be adjusted by the Town of Tillsonburg on
confirmation of on actual costs,is as follows:
2022 $14,200 in NG-911 fees paid to the Town of Tillsonburg
2024 Any remaining balance of proportional costs to be calculated and
reconciled.
4. If the population of the Municipality more than doubles seasonally,based on information
deemed reliable by the Town of Tillsonburg acting reasonably, an additional per capita
fee on the difference from year-round to seasonal population will be added for the agreed
upon months yearly. The Municipality shall provide the Town of Tillsonburg such
reasonable information as the Town of Tillsonburg requires to confirm seasonal
population changes no later than sixty(60)days prior to the end of each year of the Term
or subsequent years following expiry of the Term, if applicable. The per capita rate
payable for season population increases in each year of the Term of this agreement shall
be:
2022 $0.69
2023 $0.72
2024 $0.75
2025 $0.78
2026 $0.81
5. Municipality shall tender payment to the Town of Tillsonburg in semiannual installments,
to be invoiced by the Town of Tillsonburg two (2)times in April and August of each year
in to the Municipality.
6. The Town of Tillsonburg shall reviewthe population of the Municipality on an annual basis
and shall correspondingly increase the total amount owing by the Municipality based on
the Seasonal Increase Rate payable in each year. The Municipality shall provide to the
Town of Tillsonburg such reasonable information as may be required by the Town of
Tillsonburg in order to determine the population on an annual basis.
7. The Municipality shall pay the dispatching fees within thirty days of receipt of the invoice.
Interest at the rate of one and one-half percent (1.5%) per month, calculated monthly
and payable monthly(effective interest rate of 19.56%per annum),shall accrue on past
due accounts.
8. If the agreement continues following expiry of the Term,then the Rate shall be increased
by the Town of Tillsonburg for each subsequent year following expiry of the Term at the
Town of Tillsonburg's sole and unfettered discretion, provided that the Town of
Tillsonburg gives notice in writing to the Municipality no later than August 31st of each
year following expiry of the Term of the increase to the Rate.
Additional Fees
9. The Municipality shall be responsible for all charges and costs billed to the Town of
Tillsonburg directly from Bell Canada or other parties which are properly attributable to
Municipality.The Town of Tillsonburg shall identify and forward to Municipality invoices
with respect to same which shall be paid by the Municipality forthwith upon receipt
thereof.
10. The Municipality shall pay any labour costs incurred by the Town of Tillsonburg with
respect to any Town of Tillsonburg employees who are summoned to give evidence at
any inquest, hearing,court case, etc., associated with the dispatching process set out in
this agreement.
11. If the Municipality uses a different radio maintenance vendor from the Town of
Tillsonburg's radio maintenance vendor, then the Municipality shall pay all invoices,
charges and costs incurred by the Town of Tillsonburg as a result of failures in the
Municipality's radio equipment.
12. Notwithstanding all of the foregoing, if the Town of Tillsonburg should ever, in the proper
provision of the fire dispatch services to the Municipality, be required to make any special
expenditures beyond the usual operating expenditures, which expenditures cannot be
recovered otherwise,then the Town of Tillsonburg may add such expenditures to the fees
provided for in this agreement.
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