3263 To authorize an Agreement with the Municipalities of Elgin County to provide Fire : Communications Service :BY-LAW NUMBER 3263
30
THE CORPORAT70N OF THE TOWN OF TILLSONBURG
A BY --LAW to authorize an Agreement with the Municipalities of Elgin County to provide Fire
Communications Service
WHEREAS The Town is desirous of entering into an agreement with the Municipalities of the
County of Elgin to proN7ide Fire Communications Service;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
T1iAT the attached agreement marked "Schedule "A" be included as part of this by-law
and incorporated herein;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule"A" on behalf of the Corporation of the Town of Tillsonburg.
READ, A FIRST AND SECOND TIME THIS 23rd DAY OF April, 2007.
READ A TH)PftD AND FINAL TIME AND PASSED THIS 28" DAY OF May, 2007.
MAYOR -Stephen Molnar
CLERIK.-Michael Graves
THIS IiGREEMENT, dated this clay of .March, 2007
BFTWEFN
'ri iE CORPORATION OF THE TOWN OFT] LLSONBURG
(hereinafter "the Town ofTillsonburg" )
-and-
THF CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hcrcinafter "Bayham")
-and-
THE CORPORATION OF THE TOWN OF AYLMER
(hereinafter "the Town of Aylmer")
- and -
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
(hereinafter "Malahide")
- anti -
4144 CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN
(hereinafter "Central Elgin")
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
(hereinafter " Southwold")
- and -
THE CORPORATION OF THE MUNICIPALITY OF Dl1T TON/DUNWICH
(hereinafter "Dutton%Dunwich")
-
-and -
THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
(hereinafter "We5t Elgin")
'A'HEREAS:
I . Pursuant to the provisions of the Municipal AcI, S.O. 1991, 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
inunicipalitN, to provide and/or receive fire protection services to or from other
municipalities;
3. The 'town of Tillsonburg operates ire 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 Bayham, the 'Town of Aylmer, Malahide, Central Elgin, Southwold,
Dutton/Dunwich and West Elgin (hereinafter, collectively Athe Elgin
M unicipalities@);
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
Services Provided:
5. The Town of "Tillsonburg shall supply fire communications services to the Elgin
Municipalities, the particulars of which are as described in Schedule "A" to this
agreement.
6. The tire communications services provided by the Town of Tillsonburg shall comply
,,i,ith the S'tandcu-d Operating Guidelines, which regulate the operation and
maintenance of the Tillsonburg Fire & Rescue Services Fire Communications.
Consideration:
?. The Elgin Municipalities shall pay fees to the Town of Tillsonburg as described in
Schedule "B" to this agreement.
Pane 3 of 1 l
"term:
8. This agreement shall remain effective for a period of five years from the date of
signature. If 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 indefinite 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 twelve months written notice to the
other parties (hereinafter Athe party or parties withdrawing@ ).
10. In the event that notice of withdrawl from this Agreement is provided by one or more
of the Elgin Municipalities, the Town of'fillsonburg shall continue to provide the
services described in Schedule A to the party or parties withdra,-ving until the expiry
of the twelve month notice period, unless the provision of these services is waived by
the Elgin Municipalities or by the party or parties withdrawing from this Agreement.
11. In the event that notice of termination is provided by one or more of the Elgin
:Municipalities, the withdrawing party or parties shall continue to remit and shall be
liable to pay to the Town of Tillsonburg the consideration described in Schedule B
until the expiry of the twelve month notice period.
12. In the event one or more of the Elgin Municipalities withdraws from this Agreement,
the terms of the Agreement shall remain in effect as between the remaining parties,
and the total consideration payable by the Elgin Municipalities shall be apportioned
between the Elgin Municipalities which have not withdrawn from the Agreement,
proportionately to their populations.
Service Commencement Date:
13. The Town of Tillsonburb shall begin providing fire communications services on July
3, 2007.
14. In the event that the 'Gown of Tillsonburb identifies any technological limitations
arising from the transfer of fire communications responsibility from the current
service provider, upon reasonable written notice to the Elgin Municipalities, the
commencement date for the fire communications services may be delayed for a
Page 4 of 1 1
reasonable period pending rectification ofthe problem.
15. The parties acknowledge that a delay may arise as a result of the procedure in
assigning of the dispatch channel from the current service provider to the Town of
l'illsonbur. This delay would be at the discretion of Industry Canada, and the
commencement date for the fire communications services may be delayed for a
reasonable period pending issuing of an interim letter of authorization and/or final
approval from Industry Canada.
16. The parties may agree to delay the commencement date for the fire communications
services.
Indemnity and Limitation of Liabilitv:
17. The parties agree to indemnify and save each other harmless, along with their
respective councillors. officers, employees and agents from any liability, action,
claim. loss, damage, payment, cost, fine, tine surcharge, recovery or expense,
including assessable legal fees arising out of the performance of their respective
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 any
party hereto.
18. Notwithstanding that set forth in paragraph seventeen above, the parties agree that
no party or panics 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
delav or failure is due to fires, strikes, floods, acts of God of the Queen's enemies,
1,:.« tul acts of public authorities, or delays or defaults caused by common carriers
which cannot reasonably be foreseen or provided against.
19. Notwithstanding any other provision in this contract or any applicable statutory
provisions, none of the parties shall be liable to any 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 any party or parties hereto. including its or their
Page 5 of 1 1
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 departments of the Elgin
Municipalities while engaged in the provision of fire protection services in the
Elgin ;Municipalities. Nothing in this provision shall be interpreted to affect or
interfere with the right of any of the paries to take action to enforce the terms of
this Agreement.
20. 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 ol'any
party or parties hereto, either individually or in combination, to demand or
otherwise take action or commence proceedings to enforce the terms of this
Agreement.
Amendment:
21. "1'he parties may amend this agreement from time to time by further written
memorandum.
2?. 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.
Dispute Resolution:
23. 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 41unic•ipal Arbitrations tile•!, R.S.O. 1990, c. M -
48, as amended.
244. 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
acreement.
25. In the event that arbitration cannot be conducted using the procedure set out in the
Afunicipal Arbitrations .pct, the parties shall select a single arbitrator, and in the
absence of agreement on an arbitrator, the arbitrator shall be nominated by a
Pave 6 of 11
justice of the Superior Court of'.lustice of the Ontario Courts under the procedure
set out in they Arbitration Act, S.O. 1991, c. 17, as amended.
General Provisions:
26. 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.
27. This agreement shall not be in force, or bind any of the parties, until executed by
all the parties named in it.
A. This agreement shall take effect upon its execution by the authorized
representative or representatives of the Town of Tillsonburg and the Elgin
Municipalities.
29. 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
any of the Elgin Municipalities, to the respective municipal offices of each of the
Elgin Municipalities, 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.
30. 1\o 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.
;1. The 'I'own of 'Fillsonburg and the Elgin Municipalities 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.
�?.
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 perfonnance of the terms and conditions of this agreement.
? �. :t is intended that all provisions ofthis agreement shall be fully binding and
Page 7 of 1 l
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 shalt be deemed severed from the remainder of this agreement and all
other provisions shall remain in full force.
34. This agreement shall be governed by and construed in accordance with the laws of
the Province of Ontario.
35. Subject to the restrictions on transfer and assignment, this agreement shall enure
to the benefit of and be binding on the parties and their respective successors and
assigns.
Page 7 of 10
35. Subject 64.,0 the restrictions on transfer and assignment, this agreement shall entire
to the benefit of and be binding on the
parties and their respective successors and
assi gns.
IN WITNESS WHEREOF the parties hereto have affixed their Corporate Sear attested
by the hands of their proper officers and further this agreement shall bt; signed in
counterpart with the parties named below and
a copy of each countorpaut shall remain
attached to and form part of this agreement.
THE CORPORATION OF THE
THE CORPORATION OF THE
MLZNi TPALITY OF,BAYNAM
t
MUNICIPALITY OF CENTRAL
ELGIN
Mayo ,,
Mayor
Date
L-.�
Date
CAO
Date
THE CORPORATION OF THE
THE CORPORATION OF THE
TOWN OF AYLMER
TOWNSHIP OF SOUTHWOLD
Mayor
Mayor
Date
CAO
Datc
UatC
CAO
Datc
THE CORPORATION OF THE
THE CORPORATION OF THE
TOWNSHIP OF MALAIiI17E
MUNTCTPA,LIT"Y OF
DUTTON/Db'N WICH
Mayor
Datc
Mayor
CAU
Date
Date
CAO
Datc
THE CORPORATION OF THE
TOWN OF TILLSONBURG
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGTN
Mayor
Datc
Mayor
CAO
Dace
Date
CAO
Date
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.
THE CORPORATION OF THE
THE CORPORATION OF THE
NITJ- .CIPALITY OF BAYHA..\4
MUNICIPAL= OF CENTRAL
ELGIN
Mayor
Mayor
Date
Date
CAO
CAO
Date
Date
THE CORPORATION OF THE
THE CORPORATION OF THE
ell'
TOWNSHIP OF SOUTHWOLD
A.
Mavor
f))a V-C h a L, + L c
Mayor
Date
Date
rnc:_ h "1 L
CAO --
Date
Date
THE CORPORATION OF THE
TOWNSHIP OF IviALA,HIDE
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Mayor
Date
Mayor
CAO
Date
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
Mayor
CAO
Date
Date
CAO
Page 7of 10
5. Subject to the restrictions on transfer and assignment, this agreement shall enure
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.
THE CORPORATION OF THE THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Mayor
Date
Date
CAO
CAO
Date
Date
THE CORPORATION OF THE THE CORPORATION OF THE
TOWN OF AYLMER TOWNSHIP OF SOUTHW OLD
Mayor
:Mayor
Date
r
Date
CAO
CAO
Date
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHiDETHE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
yor
Datc ' Mayor
CAO Date
Date CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Datc Mayor
CAO Date
Date CAO
Datc
Page 8 of 11
IN WITNESS WHEREOF the parties here'o have affixed their Corpord;e Stals attested by ;he
hands of Their prober officers and further this agTecment shall be signed in counterpart with the
pari1cs named below and a copy of each counterpart shall remain attached to and form hart of this
igrttt`' ciii.
Tl- IE CORPORATION OF THE
THE C:ORPORATIOi` OF THE
MI INIC'IP,ALITY OF BAYHAM
MI INICIPALITY OF CENTRAL
ELL IN
Mayor
Mayor
Uhtc
CAO
Date
—
CAO
1JJ:c
D2 EC
'I "HE (- URPORATION OF THE
THE CORPORATION OF THE
TC)WN OF AYLMER
TOWNSHIP OF SOUTHWOLD
Mayor
t Ltc
[flavor
i A()
Datr
1>1;r
CAO
[Tat;
'11 IE CORPORATION OFTHE
TOWNSHIP OF NIALAHIDE
THE CORPORATION OF THE
MUNICIPALITY OF
DIJTTON/DCINWICH
hl:+yc:r
li ttr
Mayor
C A ()
Datr
Ditt
CAO
i}atc
THE CORP(>RATION OF THE
1'(' %ti'N 7--1-1LL�UNBURG
THE CORPORATION OF THE
MUNICIPALITY OF "'EST ELGIN
May r
Date
e r G
Date
L)vr
1
CAU
Datc
Page 7 of 10
35. Subject to the restrictions on transfer and assignment, this agreement shall enure
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.
THE CORPORATION OF THE THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ML I LIT OF CENTRAL
EL
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF AYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Mayor
Date
CAO
Date
D a
onald 9. Leitch
Date March 26, 2007.
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
35. Subiect to the restrictions on transfer and assignment, this agreement shalt enure
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.
THE CORPORATION OF THE THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF AYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Mayor
Date
C r1U
Date
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
..VA?
Mayo►
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
35. Subject to the restrictions on transfer and assignment, this agreement shall enure
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.
THE CORPORATION OF THE THE CORPORATION OF THE
MUNICIPALITY OF BAY"HAM MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF AYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Mayor
Date
CAO
Date
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
ycs hep LA -4- "I 1VJ:nLH C*'-
c, Q
Date
CAO
4 Z oo`f
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
35. Subject to the restrictions on transfer and assignment, this agreement shall enure
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.
THE CORPORATION OF THE THE COR.POR.ATION OF THE
MUNICIPALITY OF BAYHAM MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF AYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Mayor
.Date
CAO
Date
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF EST ELGIN
Mao
Date _
Date
Page 9 of 1 I
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.
?. A base station manufactured and installed to industry standards complete with the Elgin
County 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 90 Concession Street, East, Tillsonburg. The building
shall be equipped with an automatic transfer emergency generator. 1n the event of
system maintenance and/or upgrades, all parties affected shall be granted prior
notification when possible.
3. An emergency (third) backup base station manufactured and installed to industry
standards complete with the Elgin County 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 prior notification when possible.
4. Answering. alerting and radio communications dispatch equipment shall be staffed
continuously by persoruiel trained to the core competencies outlined in Ontario Fire
Service Communicators Standard. This standard meets in principle National Fire
Protection Association (NEPA) 1061 Standardfor Professional (hiulificulionsfor 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 NEPA 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 deta;;d incident report shall be collated and forwarded
to the Elgin Municipalities 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 dispatcl• yhannels and dedicated phone lines and shall be available to the
Elgin Municipalities upon request as arranged between the parties. Recordings shall be
Page 10 of I 1
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 shalt report confirmation of
same to the Incident Commander.
8. Testing of paging system equipment shall be provided as arranged by the parties.
C. The Elgir: Municipalities shall provide the following without cost to the Town of
Tillsonburg:
a. All GIS mapping for its protection area 1 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' I-I'mergency 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
Elgin Municipalities for its fire protection area / response
zone boundaries inclusive of all required ANUALI, 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 Town of Tillsonburg assumes no responsibility with
respect to quality of the data received in sections 9.a., 9.b. and
O.C.
Page 11 of' I I
SCHEDULE "B"
FEES TO BE PAID BY THE ELGIN NR INIC:IPALITIES TO THE
TOWN OF T1LLSONB11RG
1. The Fee Structure contained within this Agreement is predicated upon the
contractual participation of the following seven Elgin Municipalities for
a period of not less than five years:
a. The Municipality of Bayham. The Township of Malahide,
The Town of Aylmer, The Municipality of Central Elgin, The
Township of Southwold. The Municipality of
Dutton/Dunwich, The Municipality of West Elgin.
2. The Elgin Municipalities shall pay to the "Town of Tillsonburg an annual
fee of 52.35 plus GST per resident person residing within the municipal
boundaries of the Elgin Municipalities. Quantification shall be based
upon the most current Canada census report at the time of execution of
this agreement.
3. The Elgin ?Municipalities shall pay an annual adjustment of said fee based
on the Consumer Price Index (CP1) on the anniversary consolidated
annually at the end of the previous calendar year calculation prior to food
and energy costs for Canada as published by Statistics Canada.
4. Should any one or more Elgin Municipalities described in Section I.a.
above elect to terminate its agreement with the Town ofTillsonburg, or if
the Town of Til lsonburg elects to terminate its agreement with any one of
more of the Elgin Municipalities described in Section l .a. above, the total
amount of fees shall be reapportioned between the remaining Elgin
Municipalities in proportion to their populations to ensure that the costs
incurred by the Town of Tillsonburg in performing its obligations under
this agreement shall be recovered.
5. The Elgin Municipalities shall each tender payment to the Town of'
Tillsonburg in quarterly installments, to be invoiced by the Town of
Tillsonburg four (4) times each year to each of the Elgin Municipalities.