HomeMy WebLinkAboutDTS-07-179 - Wilmot Fire Dispatch AgreementREPORT
FIRE DEPARTMENT
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting : 2007-12-03
Submitted By: Tim Beckett, Fire Chief
Prepared By: Tim Beckett, Fire Chief (x 2926)
Wards}Involved: None
Date of Report: 2007-11-23
Report No.: DTS-07-179
Subject: Wilmot Fire Dispatch Agreement
RECOMMENDATION:
"That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the
Township of Wilmot to provide fire dispatch service to Wilmot for a term of five years
commencing January 1, 2007."
REPORT:
The agreement has been reviewed by the Legal Department and the Fire Chief and it is now in
order for Council to authorize execution.
FINANCIAL IMPLICATIONS:
The agreement provides for an annual fee for service of $24,341.28 based upon previous 2006
contract rate, plus a 2007 rate increase of 3.00% The annual fee for each remaining year of the
four year term shall be the annual fee for the previous year adjusted and at the commencement
of each year to reflect the percentage increase in call volume of the previous year (1 % rate
increase for each 10% in call volume increase) or by any increase during the previous expiring
year in actual dispatch operating costs or the CPI Consumer Price Index}, whichever is greater.
Tim Beckett
Fire Chief
TB:rs
BETWEEN:
THE CORPORATION OF THE CITY OF KITCHENER,
Hereinafter called "Kitchener"
of the First Part,
and -
THE CORPORATION OF THE TOWNSHIP OF WILMOT,
Hereinafter called "Wilmot"
of the Second Part.
WHEREAS Kitchener and Wilmot (hereinafter sometimes collectively referred to
as "the party" or "the parties"} hereto have agreed that Kitchener will provide fire
dispatch service to Wilmot from the City of Kitchener, on a fee for service basis, subject
to the terms and conditions hereinafter set out and as authorized by Subsections 19 (2)
and (3) and Section 20 of the Municipal Act 2001, S.O. 2001, c.25, and their
predecessor, subsections 207(1 }, ~5}, ~9} and 21031 } of the Municipal Act, R.S.0.1990,
c. M.45, as amended;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of
the premises, other good and valuable consideration (the receipt and sufficiency of
which each of the parties hereby acknowledge) and the mutual convenience and
agreements hereinafter contained, the parties hereto convenient and agree as follows:
1. The term of this agreement shall be five (5) years commencing January 1, 2007 and
continuing in full force and effect up to and including December 31, 2011.
2. Kitchener shall provide fire dispatch service to Wilmot during the term of this
agreement, for the fees, charges and payments hereinafter set out.
3. Wilmot shall pay to Kitchener an annual fee for each year of the term of this
agreement, payable in twelve equal installments on the 15t" of the month following
delivery of service. The annual fee for the first year of the term shall be $24,341.28,
based upon previous 2006 contract rate, plus 2007 rate increase of Three Percent
~3%). The annual fee for each year of the remaining four years of the term shall be
the annual fee for the previous year as adjusted annually at the commencement of
each year to reflect the percentage increase in call volume of the previous year (1
rate increase for each 10% in call volume increase} or by any increase during the
to provide computerized fire dispatch service to Wilmot. Mapping data is to be
provided by the Region of Waterloo on behalf of the Township of Wilmot, to the
standard specified by Kitchener Fire Department, and updated according to an
agreed upon schedule, or at the request of Kitchener Fire. Kitchener Fire will
facilitate receipt of mapping data and Kitchener Fire Department's responsibility is
limited to loading data received into the system. Kitchener Fire is not responsible for
the quality, completeness and / or accuracy of the mapping data it receives from the
Region of Waterloo or designated third party. All software and hardware used by the
Communications Centre and any interest therein, whether licensed or owned, is and
shall remain the property of Kitchener and Kitchener will be responsible at its cost for
its repair, maintenance, and insurance.
5. The parties acknowledge that for the purposes of this agreement, the software used
by the Communications Centre to provide fire dispatch service is limited to Computer
Aided Dispatch (CAD), trip tickets and Incident Reporting software licensed by
CriSys Limited to Kitchener Fire Department.
6. Wilmot is responsible to pay for and provide hardware necessary to receive at its fire
stations, trip ticket information dispatched from the Communications Centre. In the
event Wilmot would like to have trip tickets in each of its fire stations, Wilmot may
secure through Kitchener, the hardware required to provide trip tickets, said costs
are not included in the annual fee for fire dispatch service as set out in clause 3 of
this agreement. Wilmot will be responsible to secure, maintain and pay for the
applicable telephone or data lines) required to obtain trip tickets in each fire station.
7. Kitchener will be responsible at its cost for any future replacement or upgrading of
the Communications Centre infrastructure including hardware, software, system
implementation and loading of mapping data, necessary to provide computerized fire
dispatch service to Wilmot. Mapping data is to be provided by the Region of
Waterloo on behalf of the Township of Wilmot, to the standard specified by Kitchener
Fire Department, and updated according to an agreed upon schedule, or at the
request of Kitchener Fire. Kitchener Fire will facilitate receipt of mapping data and
Kitchener Fire Department's responsibility is limited to loading data received into the
system. Kitchener Fire is not responsible for the quality, completeness and / or
8. In the event Wilmot secures other software modules which are not part of the
software used by the Communications Centre for the purposes of fire dispatch but
which otherwise relies on the data generated by Kitchener, Kitchener will continue
to provide the data normally given to Wilmot as part of the fire dispatch service as
long as Wilmot is under contract with Kitchener for said fire dispatch service.
Should the contract for fire dispatch services cease and Wilmot requires certain
data from Kitchener, Kitchener reserves the right to charge on an hourly basis, at
cost recovery, for the staff time necessary to extract the data so required.
9. The parties hereby acknowledge that:
a) General operating policy for fire dispatch will be established by a Joint Operating
Co-ordinating Committee thereinafter called the "Committee") composed of the Fire
Chiefs and Deputy Fire Chiefs of Kitchener and Waterloo, the Communications
Centre Manager and a representative from each of the Townships. Daily
management of the operation will be provided by Kitchener.
b) The Committee shall be co-chaired by the Kitchener and Waterloo Chiefs and
may meet quarterly or at the call of the Fire Chiefs.
c} The Committee will also evaluate dispatch and communications protocol,
develop and refine policies therefor, and make recommendations as to future needs.
10. The fire dispatch service is operated from the Communication Centre which is
normally located at Kitchener's Fire Headquarters at 270 Strasburg Road, Kitchener,
Ontario, however it is hereby acknowledge by Wilmot, that it may be temporarily
relocated, without prior notice, in the event that the continuity of its operation at
Strasburg Road is in jeopardy as a result of a crisis in the community for which
Kitchener's and or the Regional's emergency plan is called into action.
10. If either party wishes to renew this agreement for an additional term of five years
based upon a similar formula, written notice to the other party shall be provided at
least six ~6) months prior to the expiration of the term hereof in order that
negotiations may take place.
11. In the event this agreement expires without any further written agreement, then this
agreement shall be automatically renewed on an annual basis, with all necessary
changes including fee adjustments, until a new agreement is entered into by the
12. Any notices to be given or required under this agreement to Kitchener or Wilmot
shall be in writing and shall be deemed to have been given when personally
delivered or on the 3rd business day after the mailing thereof by regular mail,
postage prepaid, respectively to the following:
a) Fire Chief -Kitchener Fire Department
The Corporation of the City of Kitchener
P. 0. Box 1118
Kitchener, Ontario
N2G 4G7
b) The Township Clerk
The Corporation of the Township of Wilmot
60 Snyders Rd. W.
Baden, Ontario
N3A 1A1
13. Wilmot acknowledges that no liability shall accrue to Kitchener for failing to
supply fire dispatch services to Wilmot, and Kitchener acknowledges that Wilmot
shall not be liable to Kitchener for that portion of the fee applicable to any period
when fire dispatch services are not supplied.
14. This agreement shall constitute the entire agreement between the parties hereto
and shall supersede all prior negotiations, discussions and understandings of any
nature whatsoever. There are no representations, warranties, collateral
agreements or conditions respecting the subject matter of this agreement and no
changes, amendments, or modifications hereto shall be effective or binding on
the parties hereto unless agreed to in writing by them.
15. Each provision, paragraph and sentence of this agreement shall be considered
separate and severable, and if any one or more is declared invalid or
unenforceable, the balance shall survive and remain in force insofar as it
reasonable.
16. Any waiver by either party of the strict observance, performance or compliance
with any term, covenant, condition or agreement herein contained, or indulgence
granted, shall not be deemed to be a condonation or waiver of any subsequent
default or breach of this agreement.
17. If a dispute arises between the parties hereto relating to any matter under this
agreement that cannot be resolved by the Committee, such dispute shall be
determined by mediation and, if thereby unresolved, by arbitration before the
IN WITNESS WHEREOF Wilmot has hereunto caused to be affixed its corporate
seal under the hands of its Mayor and Clerk and Kitchener has hereunto caused
to be affixed its corporate seal under the hands of its Mayor and Clerk.
Signed, Sealed & Delivered ) The Corporation of the Township
of Wilmot
In the presence of
Mayor
Clerk
The Corporation of the City of
Kitchener
Mayor
Clerk