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HomeMy WebLinkAbout91-119 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-119 being a by-law to authorize an agreement with the Regional Municipality of Durham for an emergency reporting service known as the 9-1-1 Emergency Telephone Reporting System WHEREAS Section 208(5) of The Municipal Act authorizes Municipal Councils to enter into agreements with one or more municipalities for the provision of joint operation of works, systems and services. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Town of Newcastle and seal with the Corporate Seal, an agreement with the Regional Municipality of Durham for the provision of an emergency reporting service known as the 9-1-1 Emergency Telephone Reporting System for all persons within its corporate limits. 2. THAT the agreement attached hereto as Schedule "A" form part of this by-law. By-law read a first and second time this 15th day of July 1991 By-law read a third time and finally passed this 15th day of July 1991 MAYOR SaIEDULE "A" TO BY-LAW #91-119 AGREEMENT BET WEE N: THE REGIONAL MUNICIPALITY OF DURHAM ( "Durham") - and - THE REGIONAL MUNICIPALITY OF DURHAM POLICE SERVICES BOARD ("THE DURHAM REGIONAL POLICE SERVICE"), THE CORPORATION OF THE TOWN OF AJAX, THE CORPORATION OF THE TOWN OF NEWCASTLE, THE CORPORATION OF THE CITY OF OSHAWA, THE CORPORATION OF THE TOWN OF PICKERING, THE CORPORATION OF THE TOWN OF WHITBY, THE CORPORATION OF THE TOWNSHIP OF BROCK, THE CORPORATION OF THE TOWNSHIP OF SCUGOG, THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED HEREIN BY THE MINISTRY OF HEALTH FOR THE PROVINCE OF ONTARIO, (Collectively "User Agencies" and individually "User Agency" ) WHEREAS Durham has approved the creation and implementation of a centralized communication system providing an emergency reporting service known as the 9-1-1 EMERGENCY TELEPHONE REPORTING SYSTEM ("9-1-1 System") for all persons within its corporate limits; BUT WHEREAS the creation and implementation of the 9-1-1 System does not oblige Durham and the User Agencies to provide 9-1-1 System services to persons not resident within the corporate limits of Durham but who may nevertheless have access to the 9-1-1 System; AND WHEREAS Durham and the User Agencies, being police, fire and ambulance services operating within the corporate limits of Durham have participated in the development of operating - 2 - procedures, technical requirements, financial obligations and management structure of the 9-1-1 System; NOW THEREFORE the parties, in consideration of the mutual promises contained herein, agree as follows: 1.0 PROVISION OF 9-1-1 SYSTEM 1.1 The parties agree to establish a 9-1-1 Central Emergency Reporting Bureau (9-1-1 C.E.R.B.) in the Communications Centre of The Durham Regional Police Service, subject to the terms and conditions of this Agreement. 1.2 The Council of the Regional Municipality of Durham may alter the manner in which the 9-1-1 service is delivered or terminate the delivery of the service at its sole discretion. 1. 3 The parties agree that a Management Board as depicted in . Appendix "A" to this Agreement shall be established for the purposes of administering the operation and delivery of the 9-1-1 service. 1.4 The 9-1-1 System shall be operated as a Durham function with the ultimate responsibility resting with the Council of the Regional Municipality of Durham and the 9-1-1 C.E.R.B. shall be, for budgetary purposes, an entity of Durham and shall adhere to the financial management policies and practices thereof. 1.5 Durham shall pay to The Durham Regional Police Service the annual cost of those persons whose employment is necessary for the delivery of 9-1-1 service together with any Bell Canada charges related to the 9-1-1 service for which the Durham Regional Police Service is billed direct. 1.6 All such persons shall remain employees of The Durham Regional Police Service. - 3 - 1. 7 The ti tIe to any equipment, software licenses, logos and literature relating to the 9-1-1 System shall remain with Durham. 1.8 Each User Agency agrees to participate in the operation and implementation of the 9-1-1 System and to promptly handle calls received on the 9-1-1 System and relayed to it. 2.0 AUTHORITY OF MANAGEMENT BOARD 2.1 General Responsibilities of Management Board The Management Board shall be responsible for the normal day- to-day operation of the 9-1-1 System together with development and training of 9-1-1 System personnel. The Management Board shall submit a written annual report and an annual operating budget to the Regional Council and such other reports as are requested of it from time to time by Regional Council. 2.2 Liaison with Governing Authority of User Agencies Administrative liaison between the Management Board and the governing authority of any particular User Agency shall be the responsibility of the board member representing the User Agency group of which that particular User Agency is a member. 2.3 Regular Meetings The Management Board shall, at a minimum, meet every three months. 3.0 DESCRIPTION OF THE 9-1-1 C.E.R.B. FUNCTION 3.1 General The 9-1-1 C.E.R.B. shall be located in the COIIOnunications Centre of The Durham Regional Police Service and shall receive and answer all 9-1-1 calls from the public and transfer them to the appropriate police, fire and ambulance services - 4 - operated by the User Agencies being parties to this Agreement. The 9-1-1 System Policy and Procedure Manual provides specifics of all policies and operating procedures which are generally described in this paragraph and which are agreed to as between all the parties to this Agreement. 3.2 9-1-1 C.E.R.B. Role The basic function of the 9-1-1 C.E.R.B. shall be the initial screening of all 9-1-1 calls from the public and the immediate transfer of those calls to the appropriate User Agency. "Immediate Transfer" means that the 9-1-1 caller would be put in communication with the appropriate User Agency as soon as is reasonably practicable. In the case of those calls requesting police service, the 9-1-1 operator will continue with the call and obtain all information as required by The Durham Regional Police Service. 3.3 9-1-1 C.E.R.B. Records Durham and all User Agencies shall have free access to review tape recordings and time records of the 9-1-1 C.E.R.B. pertaining to any 9-1-1 situation that is deemed to be of interest to that body. The parties hereto hereby specifically consent, each with the other, to the release of such information for the purposes of this Agreement and such consent shall operate as a specific consent to disclosure in accordance with any legislation governing the access to and release of such information. Any further dissemination of such information shall be in accordance with any requirements of the law and subject to the specific agency policy. 3.4 Alteration of Procedures The 9-1-1 C.E.R.B. function is subject to alteration as required by the Management Board and approved of by Durham Councilor its designate. - 5 - 3.5 Alteration of 9-1-1 System Policy and Procedure Manual The 9-1-1 System Policy and Procedure Manual is subject to alteration as required by the Management Board. 4.0 AUTHORITY OF THE 9-1-1 C.E.R.B. MANAGER 4.1 General The 9-1-1 C.E.R.B. Manager shall be a sworn officer of The Durham Regional Police Service and shall be ultimately responsible to the Management Board for the functioning of the 9-1-1 C.E.R.B. 4.2 Identity The Officer-in-Charge of the Communications Centre of The Durham Regional Police Service shall act as the 9-1-1 C.E.R.B. Manager. 4.3 Reporting Responsibility The 9-1-1 C.E.R.B. Manager shall report to and be responsible to the Management Board and shall be present at all Management Board meetings to respond to questions or inquiries. l, 4.4 Manaqement Responsibilities The 9-1-1 C.E.R.B. Manager shall be responsible for the efficient operation of the 9-1-1 C.E.R.B. and the rapid and accurate discharge of the duties of the 9-1-1 C.E.R.B. operators, their selection and training, recommendations for change to the 9-1-1 C.E.R.B., and such other duties as are assigned by the Management Board. 4.5 Compliance with Directives The 9-1-1 C.E.R.B. Manager shall follow Management Board directives concerning the 9-1-1 System. - 6 - 4.6 Further Duties of 9-1-1 C.E.R.B. Manager Any problems or questions identified by a User Agency shall be first directed to the 9-1-1 C.E.R.B. Manager who shall attempt to resolve the problem to User Agency satisfaction and supply the User Agency and the Management Board with an answer or with information requested within a reasonable time of the request. 5 . 0 INTERPRETATION 5.1 The recitals and paragraph headings form part of this Agreement. 5.2 Appendix "A" forms part of this Agreement. 5.3 The 9-1-1 System Policy and Procedure Manual is determinative, for the purposes of this Agreement, of such matters as are contained therein but which are not otherwise addressed in the body of this Agreement. 6.0 DISPUTE RESOLUTION 6.1 Administrative or operational disputes between any or all of the Parties hereto concerning the 9-1-1 System or the 9-1-1 C.E.R.B. (excluding any such dispute arising from a claim by any person who is not a Party hereto against Durham or any User Agency or Agencies) shall be finally decided by the Council of Durham, or its delegate. - 7 - IN WITNESS WHEREOF the Parties hereto have executed this Agreement under the hands of their authorized signing officers in that behalf on the date indicated. DATE: THE REGIONAL MUNICIPALITY OF DURHAM G. Herrema, Regional Chairman C.W. Lundy, Regional Clerk DATE: THE REGIONAL MUNICIPALITY OF DURHAM POLICE SERVICES BOARD DATE: THE CORPORATION OF THE TOWN OF AJAX DATE: THE CORPORATION OF THE TOWN OF NE CASTLE DATE: THE CITY OF DATE: THE CORPORATION OF THE TOWN OF PICKERING .. , - 8 - DATE: THE CORPORATION OF THE TOWN OF WHITBY DATE: THE CORPORATION OF THE TOWNSHIP OF BROCK DATE: THE CORPORATION OF THE TOWNSHIP OF SCUGOG DATE: THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE DATE: MINISTRY OF HEALTH FOR THE PROVINCE OF ONTARIO ..:- .' APPENDIX "A" MANAGEMENT BOARD Administration of the Durham Regional 9-1-1 Telephone System is the responsibility of a five (5) Member Management Board. Board Members are appointed as follows: REPRESENTATIVE APPOINTED BY Regional Council: Regional Council (elected official) Police Chief Police: Fire: Fire Chief's Committee Co-ordinator: Ministry of Health Regional Council (staff member) Ambulance: The Chairperson will be a representative of either the Police, Fire or Ambulance agencies, on an annual rotating basis.