Mutual Aid Service Agreement Between:

The United Counties of Prescott and Russell, Township of Alfred and Plantagenet, Municipality of Casselman, Township of Champlain, City of Clarence-Rockland, Township of , Town of Hawkesbury, Nation Municipality and Township of Russell (hereinafter referred to as the “Participating Municipalities”)

WHEREAS the Participating Municipalities have agreed to share their resources to address a possible shortage of snowplow operators during the winter season as a result of the COVID-19 pandemic.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. Purpose of Agreement

1.1. The purpose of this Agreement is for Participating Municipalities to make available surplus snowplow operators they may have on standby for other municipalities which are in shortage of staff as a result of the COVID-19 pandemic.

2. Term of the Agreement

2.1. This Agreement will be in effect from November 15th, 2020 to April 15th, 2021 (winter season).

2.2. This Agreement shall take effect only between the parties signing the agreement.

3. Employer/Employee

3.1. During the Term of this Agreement, the snowplow operators shall remain employees of their respective municipalities. They are simply on loan for services when called upon to operate a snowplow for another municipality.

4. Payment and Invoicing

4.1. The Participating Municipalities are solely responsible for their snowplow operators on loan for services for the provision of salaries, benefits, stipends and any other fees to such employees and for making source deductions including Employer’s Health Tax, Employment Insurance, Pension Plan, Workplace Safety Insurance Board premiums, and Income Tax and any other employee benefits or other payments required by law or otherwise.

4.2. The municipality who provided a snowplow operator on loan for services shall invoice the municipality who received said services on a biweekly basis. The

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invoice shall include the snowplow operator’s gross wages (including overtime, if any), the cost of employer contributions and any benefits paid to the snowplow operator, as referred to above, together with applicable HST on the amount invoiced.

5. Workplace Insurance & Safety Board

5.1. Any work-related injury or illness sustained by a snowplow operator on loan for services shall be reported to the WSIB by the municipality which employs the snowplow operator, notwithstanding when or where the injury or illness occurred.

6. Insurance

6.1. The Participating Municipalities shall provide on or before the execution of this Agreement and continue in force until such time as all obligations under this Agreement are satisfied the following insurance:

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000. per occurrence / $5,000,000. annual aggregate for any negligent acts or omissions relating to their obligations under this Agreement. Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; Owners & contractors protective liability; occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; cross liability and severability of interest clause.

Such insurance shall add all the Participating Municipalities as Additional Insured. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to any Participating Municipalities.

The above noted policies shall not be cancelled, altered or lapsed unless the Insurer notifies the Participating Municipalities in writing at least thirty (30) days prior to the effective date of any material change, cancellation or termination.

The Participating Municipalities shall provide on or before the execution of this Agreement a certificate of insurance evidencing the above noted insurance. The insurance policy will be in a form and with a company licensed to carry on business in and which are, in all respects, acceptable to the Participating Municipalities.

7. Indemnification / Holdless Agreement

7.1. The Participating Municipalities agree to defend, indemnify and save harmless

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each other from any and all claims, demands, losses, charges, liabilities, actions, causes of action and any other proceedings of any nature made or brought against, suffered or imposed upon them or their property in respect of any loss, damage, injury or death to any person or property directly or indirectly arising of, resulting from or sustained in relation to work arising out of or allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise performed by the snowplow operator on loan for services. The indemnification and save harmless shall survive this Agreement.

8. Jurisdiction

8.1. The Participating Municipalities agree to the Province of Ontario having jurisdiction over the subject matters arising in this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the province of Ontario.

9. Notices and Communications

9.1. Any notices and/or communications exchanged or required to be given hereunder shall be delivered by email to the Directors of Public Works or designated employee of the Participating Municipalities.

9.2. The parties recognize that any part of this Agreement may be amended from time to time by mutual agreement without terminating the Agreement. The parties further agree that all minor amendments that do not affect the general spirit and intent of this Agreement shall be approved in writing by electronic format by all Participating Municipalities without revising this Agreement.

10. Special Conditions

10.1. Prior to the commencement of service to a municipality. The municipality receiving the service shall be responsible to inform the operator of the procedure to follow, the records to fill and provide minimal training on the equipment to be used during the service provided.

11. Termination of Agreement

11.1. Any party may terminate this agreement between the other Participating Municipalities at any time, for any reason, by the party providing ten (10) days written notice of termination to all Participating Municipalities.

X X United Counties of Prescott and Russell Township of Alfred and Plantagenet

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X X Municipality of Casselman Township of Champlain

X X City of Clarence-Rockland Township of East Hawkesbury

X X Town of Hawkesbury Nation Municipality

X Township of Russell

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