THE CORPORATION OF THE TOWNSHIP OF LAIRD

WHEREAS pursuant to section 2 (5) subsection (3) of the Municipal Act, S.O. 2001, c 25, as amended, the power of the Council of the Corporation of The Township of Laird shall be exercised by By-Law;

and

WHEREAS Section 10 (2) of the Municipal Act, 2001, as amended, provides that a single tier municipality may pass by-laws respecting accountability and transparency of the municipality and its operations and of its local boards and their operations, for services and things that the municipality is authorized to provide; and for the protection of persons and property; and

WHEREAS The Township of Laird desires to enter in agreement with The Township of Tarbutt for shared services of the Roads Departments, to provide coverage and assistance for certified employees, and for the occasional provision of equipment, materials, and other such goods or services that may be required in the interest of public safety;

NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of The Township of Laird enacts as follows:

1. 1. THAT the Clerk of the Corporation of The Township of Laird be hereby authorized to execute the Agreement between The Township of Laird and The Township of Tarbutt, being attached hereto as Schedule “A”.
2. 2. THAT at any time in this By-law or the attached Agreement, “May” shall be construed as permissive, and “Shall” shall be construed as imperative.
3. 3. THAT any previous by-law or resolution, or any section, clause or policy which conflicts with this by-law be and is hereby repealed.
4. 4. THAT the Clerk shall have the authority and direction to execute the above noted Agreement, including any renewal agreements or administrative amendments.
5. 5. THAT this Agreement shall come into force and take effect on December 18, 2025.

1. Purpose

The parties wish to establish a framework for mutual assistance whereby one municipality may provide personnel, equipment, and/or services to the other to support municipal operations (including, without limitation, winter road maintenance and snow/ice control), planned or emergency.

This Agreement provides a clear framework to ensure a consistent, coordinated and timely response in providing mutual aid.

2. Authority

This Agreement is entered into under the general powers of Section 10 (2) of the Municipal Act, 2001, as amended, which permits single tier municipalities to pass by-laws respecting the health, safety and well being of persons, and for the protection of persons and property.

In accordance with Sections 19 and 20 of the Municipal Act, as amended, a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which each of them have the power to provide within their own boundaries.

A municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter.

Where assistance relates to emergency response, the parties acknowledge the Emergency Management and Civil Protection Act and each party’s Emergency Response Plan.

Refer to Schedule “C” attached hereto for the conditions under which a request may be accepted or declined.

3. Definitions

• “Assisting Municipality” means the party providing personnel, equipment, or services.
• “Assisted Municipality” (or “Requesting Municipality”) means the party receiving personnel, equipment or services.
• “Assistance” includes municipal personnel, vehicles/equipment, materials, and related services.
• “Clerk” means the appointed Clerk, or Deputy Clerk, of either The Township of Laird or Tarbutt.
• “Employees” means the permanent employees of either one municipality or the other, hired to perform work in the Roads Department and adequately licensed and insured to do so.
• “Fully Burdened Hourly Rates” means a fixed amount of money earned for each hour of work which, in the case of this Agreement, covers the base salary plus indirect expenses such as taxes, benefits, vacation, insurance and equipment rates.
• “Indemnifying Party” is the requesting municipality that agrees to compensate the Assisting Municipality for any losses, damages or liabilities which may occur in the application of this agreement.
• “Invoice” means a statement of goods or services that have been provided to the Requesting Municipality stating the amount due to cover the expense of the request.
• “Minimum Maintenance Standards” (MMS) means the minimum standard for road maintenance as set out by Ontario in O. Reg. 239/02 for municipal highways.
• “Road Superintendent” means the senior member of each Roads Department appointed by either Municipality to direct work at the site and coordinate operations.
• “Term” means the duration or period of time during which this reciprocal agreement may be implemented.

4. Scope of Services

• 4.1 Assistance requested or provided may include, but is not limited to:
  Operation of plow trucks, graders, loaders, dozers, and other road maintenance equipment;
  Application of sand/salt and ice control materials;
  Other municipal operational support as mutually agreed in writing.
• 4.2 The parties will comply with applicable laws, by-laws, Minimum Maintenance Standards, Occupational Health and Safety Act requirements, and each municipality’s standard operating procedures including workplace health and safety policies.
• 4.3 Priority will be given to the maintenance or operation of each municipality’s roads, equipment or employees first in the event of a situation in which both municipalities are impacted.

5. Requesting and Activating Assistance

1. 5.1 The Municipality requesting assistance may contact the Road Superintendent of the Assisting Municipality or make a written or electronic request to the Clerk (or designate) of the Assisting Municipality outlining the equipment, materials or human resources being requested.
2. 5.2 The Assisting Municipality may accept or decline in whole or in part, subject to staffing and resource availability and operational priorities.
3. 5.3 The Road Superintendent, or designate, of the Assisted Municipality will coordinate and provide site-specific directions consistent with applicable law and health and safety requirements.
4. 5.4 Schedule “C” attached hereto includes forms on which will be recorded the date and time of the request, resources requested, locations and estimated duration.

6. Supervision and Control

1. 6.1 While operating within the Assisted Municipality, personnel of the Assisting Municipality remain employees of the Assisting Municipality for all employment, WSIB, and supervision purposes.
2. 6.2 Operational direction on site will be given by the Assisted Municipality’s Road Superintendent or designate; however, the Assisting Municipality’s employees may refuse unsafe work in accordance with the Occupational Health and Safety Act (OHSA).

7. Health & Safety, Training, and Qualifications

1. 7.1 Each party warrants that employees provided under this Agreement are properly licensed and trained to fulfill assigned duties and operate equipment.
2. 7.2 Each party will ensure compliance with OHSA, traffic control requirements, and road safety standards, including winter operations protocols.

8. Insurance

1. 8.1 Each party shall, at its own expense, maintain throughout the term:
   Commercial General Liability (CGL) insurance with limits not less than $5,000,000 per occurrence, including bodily injury, property damage, contractual liability, and cross liability;
   Automobile Liability insurance for owned, leased, or operated vehicles with limits of no less than $5,000,000 per occurrence;
   WSIB coverage in accordance with applicable legislation.
2. 8.2 Certificates of insurance evidencing the above coverage shall be exchanged annually and upon request, showing the other party as additional insured with respect to liability arising from this Agreement, subject to insurer approval.

3. 8.3 PRIMARY AUTO COVERAGE: The parties acknowledge that the registered owner’s automobile policy is primary for liability relating to ownership, use, or operation of that vehicle. Non-Owned Automobile Liability of the other party, if applicable, shall respond in excess of the owner’s policy.
4. 8.4 Each party shall maintain coverage or endorsements for hired/non-owned automobiles as appropriate for operations under this Agreement.

9. Indemnification and Liability

1. 9.1 Each party agrees to indemnify and hold harmless the other party, its officers, employees, and agents from and against claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal fees) to the extent caused by the negligent acts or omissions of the Indemnifying Party in carrying out assistance under this Agreement.
2. 9.2 Third-Party Property Damage:
   Damage to public infrastructure, roads, or property within the Assisted Municipality caused by the operations of the Assisting Municipality shall be addressed by the Assisting Municipality’s applicable insurance coverage, subject to fault allocation and applicable law.
   Damage caused by the Assisted Municipality’s direction that is negligent or contrary to law may result in shared or sole responsibility of the Assisted Municipality to the extent of such negligence.
3. 9.3 Nothing in this Agreement limits any statutory defences or immunities available to municipalities.

10. Cost Recovery, Rates and Invoicing

1. 10.1 The Assisted Municipality shall reimburse the Assisting Municipality upon receipt of an invoice for reasonable costs, including:
   Labour at fully burdened hourly rates (wages, benefits, statutory remittances);
   Equipment hourly rates (as per the Assisting Municipality’s current fee schedule);
   Fuel, materials (salt, sand), parts, repairs, and consumables;
   Travel time and mobilization/demobilization as applicable.
2. 10.2 The Road Superintendent, or designate, who is the senior operator involved as the Assisting Municipality, shall determine the time spent, materials used and other expenses, and so provide this information to the municipal staff responsible for invoicing.
3. 10.3 Invoices shall be issued within thirty (30) days of completion of assistance, with payment terms of net thirty (30) days unless otherwise agreed.

11. Records and Reporting

1. 11.1 Each party will maintain logs of equipment hours, materials used, locations serviced, and incident reports, and will provide copies upon request of the other party for audit or claims handling.

12. Term, Renewal and Termination

1. 12.1 This Agreement takes effect on the day of passing of the enacting by-law and continues until either party provides written notice to the other municipality, providing a minimum of sixty (60) days advance notice of termination.
2. 12.2 The Agreement shall be renewed for successive years unless written notice is provided as to the contrary, as noted in section 12.1 above.
3. 12.3 Either party may terminate this Shared Services Agreement without cause upon sixty (60) days’ written notice. Ongoing assistance at the time of notice and until termination shall continue in accordance with this Agreement unless otherwise agreed.

13. Dispute Resolution

1. 13.1 The parties shall first attempt to resolve disputes through good-faith negotiations between the Senior Administrative Officers.
2. 13.2 Failing resolution, the parties may proceed to mediation with a mutually selected mediator prior to litigation, unless urgent injunctive relief is required.

14. Notice

15. Confidentiality and Privacy

1. 15.1 Each party agrees to protect confidential information and personal information in accordance with the Municipal Freedom of Information and Protection of Privacy Act and applicable privacy laws.

16. Assignment or Amendment

1. 16.1 Neither party may assign this Agreement without written consent of the other.
2. 16.2 Amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

17. General

1. 17.1 This Agreement shall be enacted by By-law passed by each of the parties.
2. 17.2 This Agreement constitutes the entire agreement between the parties and supersedes prior understandings on the subject matter.
3. 17.3 If any provision of this Agreement is held invalid, the remainder shall remain in full force.
4. 17.3 This Agreement is governed by the laws of the Province of Ontario.

SIGNATURES: