2020-050 To Authorize an Agreement with Shelburne and District Fire for fire communications servicesTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-050
A BY-LAW to authorize an agreement between the Corporation of the Town of
Tillson burg and Shelburne and District Fire Board of Management for the
provision of fire communications services.
WHEREAS 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;
AND WHEREAS the Town of Tillson burg 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;
AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into
an agreement with Shelburne and District Fire Board of Management to provide fire
communications services.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the agreement attached hereto as Schedule "A" forms part of this by-law;
2. THAT the Mayor and Chief Administrative Officer be hereby authorized to
execute the attached agreement on behalf of the Corporation of the Town of
Tillsonburg;
3. THAT this By-Law shall come into full force and effect upon passing.
SECOND TIME THIS 25th day of MAY, 2020.
nm • .., AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020.
TOWN CL.:ERK Michelle Smibert
ll L T \ \' 1·: L :\
rm: C< >Rl'< >1\. \Tl< >'\ < >F THE T< l\ 1':\ < >!· TILLSO:\ Bl'llC
{hcrcinartn ''LI1e Tol\!1 ol Tillsn11lnm.( J
SHI-.LBl 'H:\E ,\'\lllllSTHICT l'!RL B< l,\lm ( JF :.L\:\,\( ;[·.:.n·.:\T
WHEREAS:
1. Pursuant to the provisions of the Municipal Act, S.O. J 991, 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 tire protection services and holds tire
protection assets including tire communications personnel and equipment suitable
to meet municipal responsibilities required by the Fire Protection and Prevention
Acl, through a fire department situated within the Town ofTillsonburg;
4. T11e Town ofTil!sonburg ha" agreed to provide such Fire Communications
services to the Shelbume Fire Board
NOW THEREfORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree ag follows:
Services Provided:
5. The Town of Tillsonburg shall supply tire communications services to the
Shelburne Fire Board the particulars of which are as described in Schedule "A" to
this agreement.
6. 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:
7. The Shelburne Fire Board shall pay tees to the Town ofTillsonburg as described
in Schedule "B" to this agreement.
Page3of 10
&. This agreement shall remain eff\~ctivc tOr a period of three years from the date of
signature. [f not expressly renewed in writing or supplanted by a succeeding
agreement. this Agreement shall be deemed to have been automatically renewed
for a period of indetinite duration unless and until one of the parties provides
written notice of termination as contemplated in paragraph nine below.
9. Notwithstanding the provisions of paragraph eight above. any of the parties may
withdraw from this Agreement upon providing t>velve months written notice to
the other parties (hereinafter ·'the party or parties withdrawing"').
Service Commencement Date~
10. The Town of Tillsonburg shall provide fire communications services in
accordance with this agreement effective on August !. 2020.
Indemnity and Limitation of Liability:
II. The parties agree to indemnif)' and save each other harmless, along with their
respective councillors, officers, employees and agents from any liability, action,
claim. loss. damage. payment, cost, tine. fine surcharge, recovery or expense,
including assessable legal tees arising out of the performance of their respective
obligations under lhis Agreement, save and except in respect of Gil)' liability,
action, claim, loss, damage, payment. cost, tine, tine surcharge, recovery or
expense, including assessable legal tees, directly attributable to, arising H·om, or
caused by the negligence or breach of contractual obligation hereunder by any
party hereto.
12. Notwithstanding that sd fOrth in paragraph eleven above, the parties agree that no
party or parties shall be held responsible for damages caused by delay or tililurc to
perform its or their undertakings under the terms of the agreement when the delay
or failure is due to tires. strikes. tloods. acts of God or the Queen's t!nt:mies.
lawful acts of public authorities, or ddays or defaults caused by common can·iers
which cannot reasonably be foreseen or provided against.
13. Notwithstanding any other provision in this contract or any applicable statutory
provisions. none of the parties shall be liable to any other party tOr special or
consequential damages or damages for loss of use arising directly or indirectly
ffom 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
Page4of' 10
>uch damages or losst:s are dirc~;tly attributable to, arise H·om. nr are caus~d by the
breach of contractual obligation. fundamental or otherwise, or from any tortious
acts. including nt:gligence. by any party or parties hereto, including its or their
respective employees or agents. Without limiting the generality of the tOregoing.
the parties specifically agree that the Town of Tillsonburg shall not be liable tOr
any damages arising as a result of any injury or damage caused or sustained by
personnel, apparatus. or equipment of the tire department of the Shelburne Fire
Board whik engaged in the provision of fire protection services. Nothing in this
provision shall be interpreted to affect or interfere v.ith the right of any of the
parties to tak~ action to entOrce the terms of this Agreement.
14. The parties hereto agree that no provision herein. or any part thereat: shall bt:
interpreted or at:t so as to affect, restrict. prohibit, or interfere with the right of any
party or parties hereto. either individually or in combination, to demand or
otherwise take llction or commence proceedings to enfOrce the terms of this
Agreement.
Amendment:
15. The parties may amend this agreement from time to time by furtht:T written
memorandum.
16. Should any of the parties \vish to amend the terms of this agreement. it shall
provide a minimum of thirty days written notice to the other party of the proposed
tem1s of amendment.
Disoute 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 ,ifunicipa/ 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.
I 9. In the event that arbitration cannot be conducted using the procedure set out in the
Municipal Arbitrations Act, the parties shall sdect a single arbitrator, and in the
absence of agreement on an arbitrator. the arbitrator shall be nominated by a
Page5oi'JO
justice of the Superior CoUJt 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 \Vithout 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 '>hall not be in force, or hind any of tht:: parties. until executed by
all the pa1tics named in it.
22. This agreement shall take ef!'i::ct upon its execmion by the authorized
representative or representatives of the Town of Tillsonburg and the Shelburne
Fire Board.
23. Any notice under this agreement shall be suftick:nily given by personal delivery
or by registered letter. postage prepaid and mailed in a Canadian post oftice,
addressed, in the ca;;e of notice to the Town of Tillsonburg, to the municipal
otlices of the Corporation of the Town ofTillsonburg and, in the case of notice to
any of the Shelburne Fire Board. to the respective municipal office of t the
Shelburne Fire Board, or to an)' other address as may be designated in writing by
the parties. and the date of receipt of any notice by mailing shal! be deemed
conclusively to be ten days after the mailing.
24. No change or modification of this agreement (im:luding 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 Shelburne Fire Board agree that no
repre::;entation, 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 Lhat each of them shall, upon reasonable written request of the
other, do or cause to be done all further lawful acts. deeds and assuram:es
whatever for the better performance of the terms and conditions of this agreement.
Page6of 10
27. It is intended that a!l 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.
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.
Page 7 of 10
fN \\'ITNl'::.~s 'WHEHEOF tht• p<u1ics hereto lun'l' allixcd lhl'ir Corporate ~c<tls allc~lt'd
b~· Lhe bauds of l.ltt:ir propl'f olli1·crs ;md further Litis ae;rt•cmeut !;hall be siJ91C'd in
CtJUutcrp;u·t ll'ith t.!tc part.it.·s umncd hclo\' ami ;t eopji of each t'UUillcrparl shall rcm;~in
attached Lo aud fom1 p;11t of lhi~ a~recmcnt.
5-;3-2o20
CAO
Dille
Stephen Molnar
May 25,2020
D:tlc
Kyle Pratt
C:\0
May 25,2020
Dale
PageS of 10
SCHEDULE "A"
r!tc TuWJJ o!"TiUsouhut·tr ~hall (n"n\'tdl· the foli<milll{ :it>rtiH·s ;md liwililit"s:
I. A 24 hour. seven days a week, 365 days a year answ~:ring service, alert paging service
and base radio communications dispatch service fully integrated with a Computer
Aided Dispatch (CAD) sysll!m.
2. A base station manufactured and installed to industt)' standards complet~ with the
Shdbume Fire Board Fire Depurtment Dispatch frequency. The Town ofTillsonburg
shall operate and maintain these services and tilcilities from two primary public safety
communications oonsoles located In a municipally owned building at 80 Concession
Street. East, Tillsonburg. The building shall be equipped with an automatic transfer
(."fllergency generator. In the event of system maintenance and/or upgrades, all
parties atTected shall be granh:d prior notification when possible.
3. An emergency (third) bar.:kup base station manufactured and installed to industry
standards complete with the Shelburne Fire Bom·d Fire Depa11ment Dispatch
frequency. The Town of Tilfsonburg shall operate and maintain these services and
fuci!ities from a public sat'ety (,:ornmunications console located in a municipally
owned building at 10 Lisgar Ave, Tillsonburg. The building shall be !!quipped with an
automatic transfer emergency generator. In the event of system maintenance and/or
upgrades all parties affected shall be granled prior rtotiticntion when possible.
4. Answering, alerting and radio communications dispatch equipment shall be staffed
continuously by persormel trained to the core competencies outlined in Ontario Fire
Service Communicators Standard and the NationaJ F'1re Protection Association
(NFPA) I 061 Standard for Pmfessianal Qualification~· for Public: Safety
Telecommunicators.
5. Transmission of information sh"!l be seamless from when the information is received
from the Public Sat'ety Answering Point (PSAP) until the time an emergency is
tenninated by the Incident Commander and shall be provided in acco1·dance with the
Lime targets specified within NFPA 1221. Seamless is defined to mean without
interruption and continuously fi'om the initial call until the satisfactory resolution of
the incident.
6. All emergem;:y incident intOrmation shall be logged on the CAD system by the
communicato1· and all te-lecommunications 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 Shelburne Fire BoardFire Department via email or other means
a'i arranged between the parties within four hours of termination of command. All
audio transmissions shall be recorded from licens~;:d dispatch channels and dedicated
Page 9 of 10
phone lines and shall be available to the Shelburne Fire Board Fire Department upon
request as arranged between the parties. Recordings shall be made on non-
interruptible. non-erasable meUia. All records including digital voice recordings shall
be maintained for a period of two years.
7. Upon the request of the Incident Commander tOr any additional resources or to relay
emergent messaging to other persons. the tire communicator shall relay such requests
in a prioritized tbshion via telecommunications equipment and shall report
continnation of same to the Incident Commander.
8. Testing of paging syslem equipment shall be provided as aJTanged by the parties.
9. The Shelburne Fire BoardFire Department shall provide the following without cost to
the Town ofTillsonburg:
a. All GIS mapping tbr its protection area I responst! zone
boundaries.
b. All radio transmitting and receiving equipment, licensing
and maintenance of same e)(temal to the boundary of the
Town ofTillsonburg.
c. Routing of Emergency 911 telecommunications from tht!
Public Safety Answering Point (PSAP) and the Central
Ambulance Communications Center (CACC) a<; required to
meet the approved fire protection services provided by the
Municipality for its tire protection area I response zone
boundaries inclusive of all required ANI/ AU, GIS mapping
and all site location intbrmation so that it is seamlessly
transmitted to the Secondary Public Safety Answering
Point (SPSAP) serving the Tillsonburg Fire
Communications Division.
d. The Town of Tillsonburg assumes no responsibility with
respect to quality of the data received in sections 9.a .• 9.b,
and 9.c.
Pago 10 of lO
SCHEDULE"B"
FE!·~<; TO BE 1',\ID BY THESHELBl"RNE FIRE Jl(l.\RlJT(l THE
TOWN OF Tll.I.<;ONBl"l{(;
I. The Fee Structure contained within this Agreement is predicated upon
the contractual participation of the following municipality for a period
of not less than three (3) years starting August I, 2020:
a. The Shelburne Fire Board
2. The Shelburne Fire Board Fi1·e Department shall pay to the Town of
Tillsonburg an annual fee of$2.77 plus tax (if applicable) per resident
person residing within the respons~ area of the Shelburne Fire Board.
Quantification shall be based upon th.: most current Canada census
report. For 2020, the population dispatched is 12,500.
3. The Shelburne Fire Board shall pay an annual adjustment for years
two (2) and three. dfective on April IS of each year. The adjustment
shall be based on the year to year unadjusted Consumer Price Index
(CP() (CPI lndex-Ailltems ~Ontario) published by Statistics Canada,
to a maximum of 5% each year.
4. The Shelburne Fire Board shall tender payment to the Town of
Tillson burg in quarterly installments. to be invoked by the Town or
Tillson burg four (4) times each year to the Shelburne Fire Board.
5. The Shelburne Fire Board may extend the term of this agreement by
one ( 1) or two (2) years. The Shelburne Fire Board shall pay an
annual adjustment for years four (4) and five (5), etlective on April 15
of each year. The adjustment shall be based on the year to year
unadjusted Consumer Price Index (CPI) (CPI Index-All Items ~
Ontario) published by Statistics Canada, to a maximum of 5% each
year. The index will be from the January posting of the CPI from tht;:
current year.
6. The Shelburne Fire Board agrees to pay for costs associated with
implementing Next Generation 911 services fOr the Shelburne Fire
Board. These tees will be based on a cost recovery I per capita model
If the Shelburne Fire Board is unlier contract when Next Generation
911 is implemented in Tillsonburg FireComm. The Town of
Tillsonburg will work closely with all stakeholders to keep them
apprised of anticipated costs and dates.
Proposal to Provide
Fire Dispatch & Communications Services
To
SHELBURNE AND DISTRICT FIRE BOARD OF
MANAGEMENT
"FIRE COMMUNICATIONS SERVICES"
3 Year Contract-With Renewal Clause
Population: 12500
Cost I Capita = 2. 77
Financial Proposal Form
Fire Dispatch Services
Annual Service Contract Cost -$34,625.00
Upfront Capital Cost = $0.00 (Included in Cost I Per-Capita)
Annual BearCom Service Agreement-(Included in Cost I Per-Capita)
Radio Port AVTEC-$791.67 (Included in Cost I Per-Capita)
Additional Fees
Next Gen 911 Upgrade-TBD
Annual COLA increases effective April 15 of each year
2