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Home My WebLink AboutDTS-07-180 - Wellesley Fire Dispatch AgreementREPORT FIRE DEPARTMENT Report To: Councillor B. Vrbanovic, Chair, & 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-07-180 Subject: Wellesley Fire Dispatch Agreement RECOMMENDATION: "That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Wellesley to provide fire dispatch service to Wellesley 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 of $16,575.06 based upon previous 2006 contract rate, plus 2007 rate increase of 3.00% The annual fee for each year remaining in the four year term shall be the annual fee for the previous year, 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 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 WELLESLEY, Hereinafter called "Wellesley" of the Second Part. WHEREAS Kitchener and Wellesley thereinafter sometimes collectively referred to as "the party" or "the parties") hereto have agreed that Kitchener will provide fire dispatch service to Wellesley 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, 5.0. 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 Wellesley during the term of this agreement, for the fees, charges and payments hereinafter set out. 3. Wellesley 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 $16,575.06, 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 to provide computerized fire dispatch service to Wellesley. Mapping data is to be provided by the Region of Waterloo on behalf of the Township of Wellesley, 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. Wellesley 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 Wellesley would like to have trip tickets in each of its fire stations, Wellesley 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. Wellesley will be responsible to secure, maintain and pay for the applicable telephone or data line(s) 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 Wellesley. Mapping data is to be provided by the Region of Waterloo on behalf of the Township of Wellesley, 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 otherwise listed in section 5 above. 8. In the event Wellesley 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 Wellesley as part of the fire dispatch service as long as Wellesley is under contract with Kitchener for said fire dispatch service. Should the contract for fire dispatch services cease and Wellesley 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 Wellesley, 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 term hereof. 12. Any notices to be given or required under this agreement to Kitchener or Wellesley 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 Wellesley 4639 Lobsinger Line RR#1 St. Clements, Ontario NOB 2M0 13. Wellesley acknowledges that no liability shall accrue to Kitchener for failing to supply fire dispatch services to Wellesley, and Kitchener acknowledges that Wellesley 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 THIS AGREEMENT shall be binding upon and ensure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF Wellesley 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 ) In the presence of } } The Corporation of the Township of Wellesley Mayor Clerk The Corporation of the City of Kitchener Mayor Clerk