FIRE DISPATCH AND COMMUNICATIONS SERVICES AGREEMENT (Draft)
Draft extension agreement for fire dispatch services between Town of View Royal and District of Saanich.
FIRE DISPATCH AND COMMUNICATIONS SERVICES AGREEMENT
THIS AGREEMENT is made as of the ____ day of ____________, 2017.
BETWEEN:
TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, B.C. V9V 1A6
(hereinafter called "VIEW ROYAL")
OF THE FIRST PART
AND:
THE CORPORATION OF THE DISTRICT OF SAANICH 770 Vernon Avenue Victoria, B.C. V8X 2W7
(hereinafter called "Saanich")
OF THE SECOND PART
WHEREAS
A. View Royal and Saanich are both local governments under the provisions of the Community Charter, S.B.C. c.26;
B. View Royal and Saanich have the corporate power to enter into agreements respecting the provision of municipal services pursuant to the Community Charter, S.B.C. 2003, c. 26;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises exchanged herein, and for other good and valuable consideration, the parties agree as follows:
2.0 TERM
2.1 This Agreement is for a term commencing on June, 1, 2017, and terminating on December, 31, 2017, subject to early termination in accordance with this Agreement.
2.2 Nothing in this Agreement shall be interpreted as imposing any liability or obligation on the part of either Saanich or View Royal until the commencement of the Term, as established under section 2.1.
3.0 FIRE DISPATCH AND COMMUNICATIONS SERVICES
3.1 Throughout the Term, Saanich will provide View Royal with fire dispatch and communications services including the following:
(a) 911 emergency calls for fire department assistance that originate in the District of View Royal will be received and processed by the Victoria Operational Communications Centre and forwarded to the Fire Dispatch Centre;
(b) the Fire Dispatch Centre will utilize its CAD system to initiate reporting and data transfer to dispatch the call to the View Royal Fire Department with voice confirmation;
(c) after the initial dispatch, the Fire Dispatch Centre will provide full incident command support to the View Royal Fire Department, including the call out of additional resources specific to the incident (including through operational guidelines and Mutual or Automatic Aid Agreements) where required by the View Royal Fire Department. The responsibility of Saanich for the call out of View Royal Fire Department personnel additional to those on shift shall be limited to a single point of contact or page out as mutually agreed to by the parties.
(d) non emergency telephone answering and duty paging service during normal office silent hours for the City of View Royal. To minimize impact on dispatch operations, View Royal will maintain a public information and voice messaging system attached to its business telephone line as a first point of contact for after hours Fire Department public information and contact procedures.
3.2 Saanich will provide fire dispatch and communications services under this Agreement in accordance with the standards utilized by the Saanich Fire Department, unless a variance of such standards is mutually agreed between the parties.
3.3 Saanich will provide at the Fire Dispatch Centre all equipment, computer software, and personnel necessary for the provision of fire dispatch and communications
5.0 EQUIPMENT REQUIREMENTS
5.1 During the Term of this Agreement, View Royal will reimburse Saanich for any other costs incurred in relation to additional fire dispatch and communications services not specifically provided under this agreement.
6.0 INDEMNITY
6.1 Saanich agrees that it will indemnify and save harmless View Royal from and against any claims, suits, actions, causes of actions, costs, damages or expenses of any kind that result from:
(a) the negligence of Saanich and its employees, contractors and agents in the provision of fire dispatch and communications services; or
(b) a breach of this Agreement by Saanich.
6.2 View Royal agrees that it will indemnify and save harmless Saanich from and against any claims, suits, actions, causes of actions, costs, damages or expenses of any kind that result from:
(a) the negligence of View Royal and its employees, contractors and agents; or
(b) a breach of this Agreement by View Royal.
7.0 LIMITATION OF LIABILITY
7.1 Neither Saanich nor any of its officers or employees shall be liable to View Royal or any owner or occupier of property in View Royal for any loss or damage caused by the failure of Saanich or its officers or employees to provide services under this contract or the breakdown or malfunction of Saanich equipment unless such failure, breakdown or malfunction was the result of a deliberate act or negligence of a Saanich officer or employee.
8.0 DEFAULT AND EARLY TERMINATION
8.1 If either party is in breach of this Agreement, and the breach is not corrected within 30 days after notice of the breach provided to that party, the party not in breach may terminate this Agreement.
8.2 This Agreement will terminate in the event that the fire dispatch and communications services of both parties are consolidated with the fire communications services of one or more other local governments.
9.4 Waiver
The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar.
9.5 Headings
Section and paragraph headings are inserted for identification purposes only and do not form part of this Agreement.
9.6 Language
Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires.
9.7 Cumulative Remedies
No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity.
9.8 Law Applicable
This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia.
9.9 Relationship of Parties
No provision of this Agreement shall be construed to create a partnership or joint venture relationship, an employer-employee relationship, a landlord-tenant or a principal-agent relationship.
9.10 Amendment
This Agreement may not be modified or amended except by the written agreement of the parties.
9.11 Integration
This Agreement contains the entire agreement and understanding of the parties with respect to the matters contemplated by this Agreement and supersedes all prior and contemporaneous agreements between them with respect to such matters.
III. award damages in excess of the amount, if any, limited by the terms of this Agreement; or
IV. except as otherwise permitted by the terms of this Agreement, require one party to pay another party's costs, fees, attorney's fees or expenses.
The award of the arbitrator will be final and binding on each party. Judgment upon the award may be entered in any court of competent jurisdiction.
(c) Exception. The dispute resolution procedures described in Section 10.15 are the sole and exclusive procedures for the resolution of any disputes which arise out of or are related to this Agreement, except that: (a) Saanich may commence an action against View Royal for non-payment of any amount owing under this Agreement without having to commence or complete the dispute resolution procedures described in Section 10.1, and (b) either party may seek preliminary or temporary injunctive relief from a court if, in that party's sole judgment, such action is necessary to avoid irreparable harm or to preserve the status quo. If a party seeks judicial injunctive relief as described in paragraph (b) of this Section, then the parties will continue to participate in good faith in the dispute resolution procedures described in Section 10.1. The parties agree that no court which a party petitions to grant the type of preliminary or temporary injunctive relief may award damages or resolve the dispute.
IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written.
Executed by the TOWN OF VIEW ROYAL this ____ day of ____________, 2017:
Mayor
Corporate Officer
Executed by THE CORPORATION OF THE DISTRICT OF SAANICH this ____ day of ____________, 2017:
Mayor
Municipal Clerk
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