3570 Schedule "A" Agreement with Elgin Municipalities for the provision of Fire CommunicationsTHIS AGREEMENT, dated this ____ day of ____, 2011
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter "the Town of Tillsonburg")
- and -
THE CORPORATION OF THE TOWN OF AYLMER
(hereinafter "the Town of Aylmer")
-and-
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
(hereinafter "Malahide")
-and-
THE 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 DUTTON/DUNWICH
(hereinafter "Dutton/Dunwich")
- and -
THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
(hereinafter "West Elgin")
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter "Bayham")
WHEREAS:
1. Pursuant to the provisions of the Municipal Act, 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
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 Bayham, the Town of Aylmer, Malahide, Central Elgin, Southwold,
Dutton/Dunwich and West Elgin (hereinafter, collectively "the Elgin
Municipalities");
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 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 Elgin Municipalities shall pay fees to the Town of Tillsonburg as described in
Schedule "B" to this agreement.
Page 3 of 10
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 "the party or parties withdrawing").
10. In the event that notice of withdrawal from this Agreement is provided by one or
more of the Elgin Municipalities, the Town of Tillsonburg shall continue to provide
the services described in Schedule A to the party or parties withdrawing 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 Tillsonburg shall continue to provide fire communications services in
accordance with the existing agreement June 1, 2007 contiguously until this
agreement comes into effect on June 1, 2012.
Page 4 of 10
Indemnity and Limitation of Liability:
14. 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, fine 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
part/ hereto.
15. Notwithstanding that set forth in paragraph fourteen above, 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 of the Queen's enemies,
lawliil acts of public authorities, or delays or defaults caused by common carriers
which cannot reasonably be foreseen or provided against.
16. 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
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 parties to take action to enforce the terms of
this Agreement.
17. 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 or parties hereto, either individually or in combination, to demand or
otherwise take action or commence proceedings to enforce the terms of this
Page 5 of 10
Agreement.
Amendment:
18. The parties may amend this agreement from time to time by further written
memorandum.
19. 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:
20. 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.
21. 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.
22. 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:
23. 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.
24. This agreement shall not be in force, or bind any of the parties, until executed by
all the parties named in it.
25. This agreement shall take effect upon its execution by the authorized
representative or representatives of the Town of Tillsonburg and the Elgin
Page 6 of 10
Municipalities.
26. 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.
27. 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.
28. The Town of Tillsonburg 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.
29. 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.
30. 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.
31. This agreement shall be governed by and construed in accordance with the laws of
the Province of Ontario.
32. 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
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
MUNICIPALITY OF BAYHAM
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
Date //. - <'
\/ 'X';/ X
Date
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
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 WEST ELGIN
Mayor
Date
CAO
Date
Page 8 of 10
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 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. In 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 personnel trained to the core competencies outlined in Ontario Fire
Service Communicators Standard. This standard meets in principle 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 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 dispatch channels and dedicated phone lines and shall be available to the
Page 9 of 10
Elgin Municipalities 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.
9. The Elgin Municipalities 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
Elgin Municipalities 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 Town of Tillsonburg assumes no responsibility with
respect to quality of the data received in sections 9.a., 9.b. and
9.c.
Page 10 of 10
SCHEDULE "B"
FEES TO BE PAID BY THE EEGIN MUNICIPALITIES TO THE
TOWN OFTILLSONBURG
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 $3.50 plus HST per resident person residing within the municipal
boundaries of the Elgin Municipalities. Quantification shall be based
upon the most current Canada census report.
3. The Elgin Municipalities shall pay an annual adjustment of 3% on the
anniversary of the agreement.
4. Should any one or more Elgin Municipalities described in Section La.
above elect to terminate its agreement with the Town of Tillsonburg, or if
the Town of Tillsonburg elects to terminate its agreement with any one or
more of the Elgin Municipalities described in Section 1 .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.
Page 7 of 10
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
MUNICIPALITY OF BAYHAM
Mayor
Date
CAO
Date
THE CORPO
TOWN OF__^A
Mayor
jrcfr
OF THE
Date
uierk, JNancie J
March 20 2012
rving
Date
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Date
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DIJNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
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
MUNICIPAITY OF BAYHAM
Mayor
1-..
Date
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
Date
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOED
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
IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested
by the hands ol their proper officers and further tins 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
MUNICIPALITY OF BAYHAM
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
ate
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
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 WEST ELGIN
Date
Da
Page 7 of 10
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
MUNICIRMJTY OF BAYHAM
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNOFAYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF MAIAHIDE
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
THE CORPORATION
OF CEJ
ELGI
Date
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/Dl JNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
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
MUNICIRMJTY OF BAYHAM
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
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
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
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Mayor
Date
CAO
Date
Page 7 of 10
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
MUNICIPALITY OF BAYHAM
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 TIEESONBURG
Mafor
THE CORPORATION OF THEMUNICIPALITY OF CENTRAL
ELGIN
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNSHIP OF SOUTHWOLD
Mayor
CAO
C,
Date
Date
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Mayor
Date
CAO
Date
THE CORPORATION OF THE
MUNICIPALITY OF WEST EEGIN
Mayor
Date
CAO
Date
Page 7 of 10
IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested
by the hands of their proper officers and further tins agreement shall he 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
MUNICIPALITY OF BAYHAM
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWNOFAYLMER
Mayor
Date
CAO
Date
THE CORPORATION OF THE
TOWltfsfellP OF MAlAHIDE
Mjfac /5. Z^;#
Date , x-^vl( '/..
CAO > 2Qi'
Date
THE CORPORATION OF THE
TOWN OF TILLSONBURG
Date
THE CORPORATION OF THE
MUNICIPALITY OF CENTRAL
ELGIN
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 WEST ELGIN
Mayor
Date
CAO
Date