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HomeMy WebLinkAboutBy-law No. 2023-003THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-003 A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE FOR SHARED SERVICES IN BY-LAW ENFORCEMENT, PLANNING, AND BUILDING WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate, - AND WHEREAS Section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may enter into agreements with orie or more municipalities or local boards for their joint benefit to provide a service or thing for their mutual benefit and the benefit of their respective inhabitants subject to the consent of the municipality or local board in which the service or thing is provided; AND WHEREAS the Council of the Municipality of Bayham is desirable to enter into an agreement with Corporation of the Township of Malahide for Shared Services of By-law Enforcement, Planning, and Building; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and are hereby authorized to execute the Memorandum of Understanding (MOU) attached hereto as Schedule "A" and forming part of this by-law between the Municipality of Bayham and the Township of Malahide; 2. AND THAT this by-law and MOU shall come into effect on January 1, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF JANUARY 2023. MEMORANDUM OF UNDERSTANDING BETWEEN The Corporation of the Municipality of Bayham AND The Corporation of the Township of Malahide December 6, 2022 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "Agreement") made this day of 2022, (the "Execution Date") by and between The Corporation of the Municipality of Bayham (Hereinafter called "Bayham") and The Corporation of the Township of Malahide (Hereinafter called "Malahide")(Bayham and Malahide together are hereinafter called the "Parties") each of which is an incorporated entity under the provincial statute applicable to municipal corporations. AND WHEREAS Section 8 of the Municipal Act, 2001 S.O. 2001, c.25 (the "Municipal Act") provides that the powers of a municipality under the Municipal Act or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues. AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act. AND WHEREAS Section 20 of the Municipal Act provides that a municipality may enter into agreements with one or more municipalities or local boards for their joint benefit to provide a service or thing for their mutual benefit and the benefit of their respective inhabitants subject to the consent of the municipality or local board in which the service or thing is provided; AND WHEREAS the Parties to this Agreement agree that Malahide shall provide Building Code Act Services ("Building Services") in the terms and manner described in this Agreement within the geographical and municipal boundaries of the Municipality of Bayham; AND WHEREAS the Parties to this Agreement agree that Bayham shall provide By-law Enforcement Services ("By-law Enforcement Services") in the terms and manner described in this Agreement within the geographical and municipal boundaries of the Township of Malahide; AND WHEREAS the Parties to this Agreement agree that Bayham and Malahide shall operate a common Planning and Development Approvals Service ("Planning/Development Services") in the terms and manner described in this Agreement within the geographical and municipal boundaries of the Municipality of Bayham and the Township of Malahide; AND WHEREAS the purpose of this Agreement is to describe how the Parties hereunto will work together in ensuring the provision of good Services for their mutual benefit and the benefit of their respective inhabitants, dealing with the potential issues that may arise in respect of the Services, and to put certain mechanisms in place that will help to ensure that the Municipalities support each other during the term of the Agreement; NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties hereto agree as follows: 1.0 DEFINITIONS 1. In this Agreement, including this section, the recitals, and schedules hereto, unless the context otherwise requires: "Agreement" means this agreement, including the recitals and schedules hereto, as amended and supplemented from time to time. "Annual Cost Estirnate" rnean5 the estimated cost for the Service Provider to provide the Service to a Purchasing Municipality for a given year, together with a detailed breakdown thereof. "Building Code" means the Ontario Building Code Act and/or the Ontario Building Code. "Building Code Act Services" means, collectively, the services described in Appendix A to this Agreement. "building Inspector" refers to , riv individual employee or contract employee of the TowrJShfp of Malahide charged with executing Building Code Act Services. "Business Day" means any day excluding a Saturday, Sunday, or statutory holiday in the Province of Ontario. "By-law Enforcement Officer" refers to any individual employee or agent of the Municipality 4z�f Bayham charged with executing By-law Enforcement Services. "By-law Enforcement Services" means, collectively, the services described in Appendix B to this Agreement. "Chief Administrative Officer (C.A.O.)" means the senior staff member appointed by the Council of each of the Parties to this Agreement. "Chief Building Official" means the person appointed, under the authority of the Ontario Building Code Act, by the Council of the Township of Malahide, to exercise the statutory responsibilities set out in the Ontario Building Code Act. "Confidential Information" means any information or data, whether written, oral, or lrF other Form, disclosed by the Parties or cammunjcated to or acquired by the Parties in the course of their Wovisior, of .Services In accordance with this Agreement, directly or indirectly, and which is identified by the Party communicating the information as tieing confidentlaI In nature, is Personal Infafrnati0n ("Pi") as def1ned in section 2(1) of the l 0rriciPa1 Freedom of frrforrnotlon arrd Protection of Pfivocy ACC, R_S_O. 1990, c, M. 56, or, is Personal Health Information ("PHI"} as defined in section 4 of the Personal HeWrh Information ProtettioaAV, 2004 S,O, 2004, c. 3, Sched. A„ "Cost Recovery" means the total cost of delivering the Services, which includes all actual expenditures with no "premium", including but not limited to, all costs for staff salaries and 4 benefits and associated disbursements incurred in order to provide the Services, provided that if any costs are paid or incurred by the Service Provider to provide the Services as well as other services or functions not covered by this Agreement, the Service Provider shall, for the purpose of this Agreement determine in a fair and equitable manner the proportion of the total of such costs that were paid or incurred to provide the Services. Where an Appendix to this Agreement specifies a particular cost or cost recovery mechanism, such provision shall be deemed to be included in the definition of Cost Recovery. "Council" or "Municipal Council" means the elected members of the Council for each of the Parties to this Agreement. "Director of Planning and Development Services" is the person employed by the Township of Malahide to lead the shared Planning and Development Services Department. "Key Performance Indicator(s)" or "KPI" means the qualitative and/or quantitative metrics established by the Municipalities by mutual agreement during the Term of this Agreement that are used to evaluate the effectiveness of the Services. "Manager of By-law Enforcement" refers to the individual appointed by by-law by the Municipality of Bayham and charged with executing By-law Enforcement Services. "M unicipia Iities " includes The Corporation of the Municipality of Bayha m arrd The Corporation of the Township of Malahide. "Municipality" means either The Corporation of the Municipality of Bayham or The Corporation of the Township of Malahide, as context requires, but not both of them. "Party" means either The Corporation of the Municipality of Bayham Or The Corporation of the Township of Malahide; and "Parties" means both The Corporation of the Municipality of Bayham and The Corporation of the Township of Malahide, collectively. "Planning and Development Services" means, collectively, the services described in Appendix C to this Agreement. "Planning/Development Technician" refers to any individual employee of either or both of the Municipalities charged with providing planning and development administrative and technical support services. "Purchasing Municipality" means, in respect of a particular Service contemplated in this Agreement, the municipality purchasing that Service from another municipality. For greater certainty, in this Agreement, Malahide is the Purchasing Municipality with respect to By-law Enforcement Services and Bayham is the Purchasing Municipality with respect to Building Code Act Services and Common Planning and Development Services. S "Reconciliation Statement" refers to a statement that provides the actual cost incurred by a Service Provider to provide Services to a Purchasing Municipality for a given year, together with a detailed breakdown thereof. "Service" means the full scope of service of any of the following, including all activities, materials, responsibilities and equipment necessary for the purpose of providing the service and/or meeting the service standards: Building Code Act Services as set out in Appendix "A," section 1, By-law Enforcement Services as set out in Appendix "B," section 1, or Common Planning and Development Services as set out in Appendix "C," and "Services" means any two or more of the Services. "Service Provider" means, with respect to a particular Service contemplated in this Agreement, the municipality providing that Service to another municipality. For greater certainty, Malahide is the Service Provider with respect to Building Code Act services and Common Planning and Development Services and Bayham is the Service Provider with respect to By-law Enforcement Services. "Term" means a period of time in which this Agreement remains in force and effect, as described in Section 3. Z. GENERAL 2.1 The Parties agree that during the term of the Agreement, their relationship to each other in respect of the Services shall be governed by the terms of this Agreement. 2.2 The Parties generally agree that no Municipality shall have any right to assert or make any request, demand, or claim whatsoever for any financial compensation against any other Municipality in respect of any matter related to the Services unless such right is expressly stipulated in this Agreement. Notwithstanding, the Service Sharing Working Group as provided under Section 6 herein, and/or the provisions for Disputes and Disagreements under section 8 herein, should be utilized to resolve such requests, demands, or claims. 23 For clarity, the Municipalities acknowledge that outside the scope of the Services which are provided by the Service Provider for the benefit of the Purchasing Municipality, the legal relationship of each Municipality to the others individually and collectively shall remain as it was the day prior to the Execution Date of this Agreement. 2.3 Where personnel are employed by a Municipality to provide Services to the benefit of the Parties, such personnel are solely employees of the Service Provider Municipality that employs the employee and the Services are being provided on an independent contractor basis to the Purchasing Municipality. Nothing in this Agreement shall be deemed or construed to confer any employment or employer obligations accruing to the Purchasing Municipality. Notwithstanding, the C.A.O.s will work cooperatively to ensure the provision of good Services, and that a positive relationship is maintained and upheld for the mutual benefit of the Municipalities and the benefit of their respective inhabitants. 6 TERM OF THE AGREEMENT 3.1 The term of the Agreement for the purposes of the delivery of Services shall be from January 1, 2023 to and including December 31st, 2027 (the "Term"), subject to the renewal provisions set out in the Agreement. 3.2 The parties have the option to extend the Agreement beyond the Term of the Agreement upon consent of all the parties. 3.3 This Agreement may be amended during the Term to include additional municipal entities, upon consent of each of the Municipalities. 4, FINANCIAL CONSIDERATIONS 4.1 The Parties agree that the costs of providing Services to the Purchasing Municipality shall be on a Cost Recovery basis to the Service Provider and accordingly fees for work completed for all Services shall be charged. More detailed financial arrangements for respective Services are detailed in Appendices A, B, and C. 4.2 Fees for Services performed by the Service Provider shall be based principally on a time and materials basis accounting for the time and materials expended working on the file/matter. Records of time spent will be kept utilizing a common docketing system and accounts will be rendered and sent to the respective Municipality on a quarterly basis. 5, SERVICE STANDARDS BETWEEN THE PARTIES 5.1 The Parties agree that the relationship contemplated by this Agreement is one based on utmost trust, confidence, and respect. Accordingly, the Service Providers shall provide competent staff and contractors to faithfully and diligently perform the Services in accordance with this Agreement and shall provide such Services to a standard that meets or exceeds the applicable legislative standards. G. SERVICE SHARING WORKING GROUP 6.1 In order that there continues to be good ongoing communication between the Parties, a Service Sharing Working Group (the "Working Group" or "SSWG") shall be established. The Working Group shall be comprised of the C.A.O.s of both Bayham and Malahide, the Director of Planning and Development Services, the Chief Building Official, and the Manager of By-law Enforcement, and any other persons as agreed upon by the Parties. A separate recording secretary to be agreed upon by the Working Group will record and maintain a record of the proceedings. Any procedural rules of the Service Sharing Working Group not specified in this Agreement may be agreed to by the Parties, in writing, at a meeting of the Service Sharing Working Group. 6.2 The purpose of the Working Group is to implement the delivery of Services as outlined in this Agreement and provide input for the advancement of Services. The provision of input shall 7 include, but is not limited to, providing ongoing oversight, reviewing key decision making by C.A.O.s, ensuring adequate resources, and resolving operational issues. 6.3 The Working Group shall appoint a Chair at the Inaugural meeting (which date of meeting will be determined by the Parties). A work plan shall be developed identifying actionable tasks and assignments. The Working Group shall meet on a regular basis and as necessary to move the work plan forward. 6.4 The Chair is responsible for the following i. Co-ordination of meetings ii. Preparation and circulation of agendas and minutes iii. Development and updating of work plan iv. Reporting to and attending meetings as required of the Councils of the Municipality of Bayham and the Township of Malahide. G.5 Minutes of the meetings shall be prepared within 10 days of the meeting and shall be circulated to the members of the Working Group. The members shall review and approve the minutes within 5 days of receipt. 6.6 Where any member disagrees with any aspect of the account of the minutes circulated, such member shall notify the Chair within the timeframe prescribed in section 6.5, and if the matter cannot be immediately resolved, the Chair shall put the matter on the agenda for the next meeting for resolution. 6_7 The members of the Working Group recogrri�e that they will each make best efforts to attend every scheduled meeting and will avoid, where practicable, delegating the responsibility to attend personally. 6,8 Any meeting of the Working Group may Jae attended by persons who are emptoyeeS of any Municipality, agency, or other stakeholder, at the invitation of the Chair, provided that Such attendance is relevant to a matter on the agenda. Any person that wishes for the Chair to extend an lovitation shall notify the Chair no less than three (3) business days prior to the meeting and the Chair Shall extend the invitation as soon as praCticable therea€ter. The Chair shall not unreasonably deny a request for an invitation to be issued_ 7. REPORTING TO THE COUNCILS OF THE MUNICIPALITIES 7.1 The Working Group shall provide the Councils of the Municipality of Bayham and the Township of Malahide with an annual report that includes the following: i. Services activity information ii. Identified trends, challenges, and opportunities lit. Cost -of -service reconciIiatlons a we as K P I target achievernent iv. Service delivery performance v. Status of work plan and action items. 8 i, DISPUTES AND DISAGREEMENTS 6.1 If, during the term of this agreement, a dispute or disagreement arises between the parties that cannot be resolved by the parties, the C.A.O.s shall engage in good faith negotiation for a period of not less than thirty (30) days in an attempt to resolve the dispute to the mutual satisfaction of the C.A.O.s. Where the C.A.O.s cannot collectively come to a satisfactory resolution within thirty (30) days, the following dispute resolution procedure will be followed: i. A committee of the Mayors of both Bayham and Malahide, supported bythe C.A.O.s, shall meet at least once and shall attempt in good faith to resolve the dispute. ii. Failing paragraph i. above, within ninety (90) days or such timing as may be mutually agreeable, the parties may submit the dispute or disagreement to arbitration in accordance with the provision of the Arbitrations Act, 1991. RL The party wishing to commence arbitration shall give the other party a written notice describing the dispute or disagreement to be arbitrated. Any arbitration will be carried out by a single arbitrator, who has been chosen jointly by the parties. The costs and expenses of arbitration will be allocated by the arbitrator between the parties, as the arbitrator determines, in accordance with applicable law. iv. The parties agree to fully cooperate in any dispute or disagreement process, including the release of information which would be producible in a civil action in accordance with the law of evidence in Ontario, and/or access to individuals. Except where clearly prevented by a dispute or disagreement that arises under this agreement, the parties shall continue performing their respective responsibilities under this agreement while the dispute or disagreement is being resolved in accordance with this Section, unless or until such responsibilities are lawfully terminated or expire in accordance with terms of this agreement. 9, TERMINATION FOR CONVENIENCE OF THE AGREEMENT 9.1 A Municipality may terminate the Agreement without cause after providing the other Municipality a minimum of six (6) months' notice in writing. 9.2 At the end of the notice period described above, the agreement shall terminate. The Parties shall promptly pay any amounts owing for services provided prior to the termination date and neither party shall have any further obligation to provide services or payment as contemplated herein, and neither party shall have any further obligation to provide services or payment as contemplated herein. 10, TERMINATION FOR CAUSE OF THE AGREEMENT 10.1 The Parties agree that where a Municipality fails to perform its obligations in its capacity as Service Provider under the Agreement, and such failure to perform has not been remedied after the parties engage in the dispute resolution process described in section 8, the Purchasing Municipality may terminate the Agreement after giving the other Municipality one (1) month's notice in writing. Additionally, where a Purchasing Municipality fails to pay the amount set out in the annual reconciliation statement, the Service Provider may suspend the applicable Service until such time as payment is received or a resolution to any related dispute is achieved through the remedy set out in section 8 of this Agreement. 10.2 The Parties agree that where a Municipality fails to make prompt and regular payments of the amounts owing by it as Purchasing Municipality under this Agreement, and such failure to perform has not been remedied after the parties engage in the dispute resolution process described under section 8 herein, the Purchasing Municipality may terminate the Agreement after giving the other Municipality one (1) month's notice in writing. 10.3 At the end of the notice period described above, the agreement shall terminate. The Parties shall promptly pay any amounts owing for services provided prior to the termination date and neither party shall have any further obligation to provide services or payment as contemplated herein. 11. INSURANCE 11.1 During the term of this Agreement, each Party shall at its own expense obtain and maintain until the termination of the Agreement, with insurers licensed to underwrite insurance in the Province of Ontario and who are acceptable to the Parties, the following insurance and provide evidence thereof, naming each of the Parties as additional insured: i_ Comprehensive general liability insurance on an occurrence basis for an amount of not less than Five Million Dollars ($5,000,000) with respect to the Service Provider's operations, acts and omissions relating to its obligations under the Agreement, such policy to include, but not be limited to: non -owned automobile liability; bodily injury including death; personal injury; broad form property damage including loss of use thereof; contractual liability; owners and contractors protective liability; products and completed operations liability; contingent employers' liability; and, cross liability and severability of interest clauses. ii, Standard OAP 1 Automobile liability insurance for an amount not less than Five Million Dollars ($5,000,000) meeting statutory requirements covering all licensed vehicles owned, operated, or leased by the Service Provider and used in any manner in connection with the performance of the terms of the Agreement. 11.2 The policies shown above shall be endorsed to provide the Purchasing Municipalities with not less than thirty (30) days' written notice of cancellation, change or amendment restricting coverage. However, if for any reason the insurer, on behalf of Service Provider, cannot endorse their policies to provide the Purchasing Municipalities with not less than thirty (30) days written notice of change or amendment restricting coverage, the responsibility thereof shall automatically transfer to the Service Provider and becomes the Service Provider's strict obligation to deliver to the Municipalities not less than thirty (30) days written notice of change or amendment restricting coverage. 11.3 The Parties shall provide evidence of the continuance of this insurance at each policy renewal date, and/or following any amendment to the insurance. If required by the Purchasing 10 Municipalities, the Service Provider shall provide true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the work. 11.4 If the Service Provider fails to maintain insurance as required by this Agreement, the Purchasing Municipalities shall have the right to provide and maintain such insurance and give evidence to the Service Provider. The Service Provider shall pay the cost thereof to the Purchasing Municipalities on demand or the Purchasing Municipalities may deduct the cost from the amount which is due to or may become due to the Service Provider under this Agreement. 11.5 The Purchasing Municipalities reserve the right to request such higher limits of insurance or other types of policies appropriate as the Purchasing Municipalities may reasonably require. 11.6 All policies required by section 11.1 shall apply as primary and not as excess of any insurance available to the Purchasing Municipalities. 11.7 The Parties to this Agreement shall each maintain and keep in good standing and account with the Workplace Safety Insurance Board pursuant to the Workplace Safety and Insurance Act. 12. INDEMNIFICATION 12.1 The Parties hereby agree to indemnify and hold harmless each other from and against any and all direct and indirect liability, loss, costs, damages and expenses, causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought, prosecuted, in any way arising out of or in connection with the Service Provider's obligations under the Agreement, or otherwise in connection with this Agreement, unless solely caused by the negligence or wilful misconduct of the Purchasing Municipalities. 12.2 The Purchasing Municipalities acknowledge and agree that in no event will the Service Provider be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Purchasing Municipalities, or their officers, servants, employees, and agents arising out of or in any way related to this Agreement. 12.3 The Purchasing Municipalities will, at their expense, to the extent requested by the Service Provider, participate in or conduct the defence of any proceedings against any indemnified party and any negotiations for their settlement. The Service Provider may elect to participate in or conduct the defence of any proceeding by providing Notice to the Purchasing Municipalities of such election without prejudice to any other rights or remedies of the Service Provider under this Agreement, at law or in equity. Each Municipality participating in the defence will do so by actively participating with the other's counsel. 12.4 The Parties will not enter into a settlement of any proceeding against any of the Municipalities unless such Party has obtained the prior written approval of the Service Provider. If the Purchasing Municipality is requested by the Service Provider to participate in or conduct the defence of any proceeding, the Service Provider will co-operate with, and assist, the Purchasing 11 Municipality to the fullest extent possible in the proceeding and any related settlement negotiations. If the Service Provider conducts the defence of any proceedings, the Purchasing Municipalities will co-operate with, and assist, the Service Provider to the fullest extent possible in the proceedings and any related settlement negotiations. 13. CLAIMS MANAGEMENT 13.1 In the event any causes of action, actions, claims, demands, lawsuits, or other proceedings (the "Claim") are brought against any of the Purchasing Municipalities in connection with a Service Provider's obligations under the Agreement, the Purchasing Municipality receiving the Claim shall provide the Claim to the Service Provider as soon as practicable after the receipt of such Claim. 14. CONFIDENTIALITY AND RECORDS 14.1 Subject to the permitted disclosure rights contained in this Agreement, the Parties shall not at any time before, during, or after the expiration or earlier termination of the Agreement, without the prior written approval of the Municipalities, divulge to any person (including its employees, officers, directors, agents, or representatives) or use for any other purpose any Confidential Information, unless such disclosure is required by law. 14.2 The Parties may disclose Confidential Information to any person to whom disclosure is required in order for the Service Provider to provide Services and in accordance with this Agreement, but only after such person provides a written assurance to the Service Provider, in the form of a duly executed non -disclosure agreement or under the auspices of a professional regulatory requirement to maintain confidentiality, that such person will strictly adhere to the confidentiality obligations contained in this Agreement. 14.3 The Parties shall not enter into any non -disclosure agreement for the purposes of section 14.2 unless and until the form and content of such agreement has first been approved by the other Parties. 14.4 Notwithstanding the general restriction(s) on disclosure of Confidential Information, either party may disclose Confidential Information pursuant to the requirements of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 14.5 For the purposes of access requests received by a Party to this Agreement pursuant to MFIPPA, each Party shall be responsible for responding to any such MFIPPA access requests made within its own jurisdiction. Any records maintained by the Service Provider in providing the Service for the Purchasing Municipality shall be considered records within the control of the Purchasing Municipality and the Service Provider shall provide such records to the Purchasing Municipality in response to an access request as soon as is practicable. 14.6 Where an access request pursuant to MFIPPA is received by a Party to this Agreement and the responsive records to such access request includes information that could potentially be considered confidential information of the other Municipality, the Municipality receiving the access request shall provide third -party notification to the other Municipality. 12 14.7 Upon expiration or termination of this Agreement, copies of all records of the Service Provider shall be provided to the Purchasing Municipality. The Service Provider shall then maintain the records and dispose of them in accordance with the Service Provider's applicable records retention by-law(s). 15. NO ASSIGNMENT WITHOUT CONSENT 15.1 No Party shall assign, sublet, or transfer an interest in this Agreement without the written consent of the other Parties. 16, AMENDMENT OF AGREEMENT 16.1 This Agreement shall not be amended or altered without the consent of all Parties, in writing as authorized by their respective Municipal Councils. 16.2 If any Party is in good faith delayed or hindered in or prevented from performance of this Agreement by virtue of a change in provincial legislation, regulations, or a change in provincial policy, then performance of this Agreement shall be excused for the period of time that the change in legislation, regulations or policy render it impossible to comply with the terms, covenants, or provisions of this Agreement. 17_ LAW AND JURISDICTION 17.1 This Agreement shall be considered an agreement made under the laws of Ontario and the federal laws applicable therein and shall be subject to the exclusive jurisdiction of the courts of Ontario to which the parties hereby submit. 17.2 This Agreement is legally binding on the Municipalities, their successors, and assignees. 1& SEVERABILITY 18.1 In the event that any covenant, provision, or term of this agreement should at any time be held by any competent tribunal to be void or unenforceable, then this agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this agreement which shall remain in full force and effect mutatis mutandis. 19_ ENTIRE AGREEMENT 19.1 This Agreement constitutes the entire agreement between the Municipalities and supersede all prior agreements, understandings, negotiations, discussions, whether oral or written of all parties and there are no warranties, representations, or other agreements between the Municipalities in connection with the subject -matter of this Agreement except as specifically set forth in this Agreement. 13 19.2 The Municipalities agree to execute and deliver such further documents and assurances or do such other things as may be reasonably required from time to time by one or the other party to give effect to this Agreement. 20. NOTICES 20.1 Any notice required to be sent under this Agreement shall be in writing and shall be served by sending the same by e-mail, registered mail, or by hand, leaving the same at: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Insert address) Attention: E-mail: THE CORPORATION OF THE TOWNSHIP OF MALAHIDE 87 John St. S., Aylmer, ON N5H 20 Attention: Adam Betteridge, Chief Administrative Officer (C.A.O.) E-mail: abetteridge@malahide.ca 20.2 Any Municipality may change its address or contact information for notice purposes by providing written notice under this section to the other Municipalities. 20.3 Notices given by registered mail shall be deemed to be received upon the earlier of (i) actual receipt, or (ii) five (5) working days after sending by registered mail. Notices given by email shall be deemed to be received one (1) working day after sending by email. Notices delivered by hand shall be deemed to be received upon delivery. 21. COUNTERPARTS AND ELECTRONIC SIGNATURE 21.1 This Agreement may be executed in counterparts, each counterpart when so executed shall be deemed an original and all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. (Signature Page Follows Immediately After This Page) w IN WITNESS WHEREOF the parties hereto have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM We have authority to bind the corporation. THE CWPORATION OF THE TOWNSHIP OF MALAHIDE Ma or, Dominique Giguere e� ia&-Zj- ta Clerk, Allison Adams We have authority to bind the corporation. APPENDIX A SHARED SERVICE MODEL BUILDING CODE ACT SERVICES 1.0 Scope of Services 1.1 Malahide shall provide Building Code Act Services on behalf of the Municipalities, in accordance any applicable statutory, regulatory, or professional standards governing building officials, including strict adherence to timelines, as specified in the Building Code Act and the Ontario Building Code (OBC). Such Services shall include the following: C;anPral Receive and respond during regular working hours (8:30 a.m. to 4:30 p.m., Monday through Friday, with the exception of statutory holidays) to Permit Applications from the public and other enquiries relating to OBC matters • Conduct plans examination, inspections, zoning compliance review, and any other activities required by law to render a Building Permit decision within the OBC mandated timeframes ■ Issue Orders and undertake enforcement as required and according to the legislated discretion granted to the Chief Building Official • Appoint, either directly or through a registered code agency, the Chief Building Official and building inspectors responsible for the Municipalities Plans Examination Services * Provide cursory review of development plans submitted under the OBC Liaison with architects and engineers to ensure that OBC requirements are addressed in the design and engineering plans • Note any amendment or refinements required to the plans based on OBC requirements • Review amended plans to ensure compliance with the requirements of the OBC + Qualified staff will strive to have plans examination services completed within 5 working days for more routine, and 10 working days for more complex developments, from the date of receipt of completed drawings by the Building Official Whenever possible, plans examination services are to be carried out in the municipal offices of the Township of Malahide Inspection Services Schedule and conduct mandatory on -site inspections of items covered under the OBC or any municipal property standards by-law duly enacted under the authority of the OBC Liaise closely with contractors, engineers, and architects during the construction phase to ensure that the actual construction is taking place in compliance with the requirements of the OBC Note any construction that is inconsistent with the final approved plans and with the requirements of the OBC 16 • Conduct subsequent inspections as required to ensure compliance with the requirements of the OBC • Deliver decisions re. Occupancy as required by the Ontario Building Code Act • Qualified staff will strive to conduct inspections within 3 working days from the time that the inspection was requested by the applicant. Where possible, inspections for different developments should be coordinated in order to maximize efficiencies. 1.2 The Municipality of Bayham shall ensure that all information within its possession and control related to Building Services provided to Bayham is provided to the Malahide Chief Building Official (CBO) in such manner as the CBO may determine necessary in order to discharge their statutory duties under all applicable legislation and/or policies. All original documentation pertaining to the Municipality of Bayham shall remain in the custody of the CBO, 2.0 Building Services Staff 2,1 Malahide shall employ or contract, for the duration of this Agreement, a Chief Building Official and Building Inspectors for the delivery of Building Code Act Services. All such employees or contractors are subject to applicable administrative and/or employment policies, procedures, and practices of the Township of Malahide. Bayham shall appoint the Chief Building Official as its Chief Building Official for the purpose of s. 3(2) of the Building Code Act. 12 The Chief Building Official shall report directly to the Director of Planning and Development Services. 2.3 Malahide shall ensure the Chief Building Official and Building Inspectors are qualified and competent and receive appropriate training in relation to the administration of the Building Code Act Services in accordance with the Ontario Building Code and all relevant legislation and regulations. 2.4 Malahide may contract the services of a Registered Code Agency to augment its staffing levels to ensure its capacity to provide Building Code Act Services to the Municipalities. 3.0 Vehicles and Equipment 3.1 Malahide shall provide such vehicles and equipment as are reasonably required to provide Building Code Act Services in the Municipalities. 3.2 The Municipalities shall provide a sufficient workspace for the Building Inspector(s) in their respective municipal offices. 33 In order to maximize the efficiency/effectiveness of the shared Building Services delivery model, the Municipalities agree to utilize the Cloud Permit Portal/Workflow tool for building permit processing and approvals. 17 4.0 Harmonized Operations 4.1 Harmonized operations will improve efficiency of operations for this shared Building model. Without fettering the discretion of the Council of either Municipality, the Municipalities have or agree to make efforts to consider enacting the following: k. Harmonized Building Fees Schedule li. Harmonized Building By-law iii. Harmonized Service Levels (legislated and Council approved) TV. Harmonized Service Delivery Processes N. An internal docketing system for staff and contractor time allocation to specific Malahide/Bayham Building files. 5.0 Financial Arrangement 5.1 The Building Code Act Services as set out in section 1.1 above shall be provided on a Cost Recovery Basis as per the common docketing system. All Building Permit/Inspection files will be allocated based on 100% of billable effort. All non -allocated work activities will be invoiced on a 50/50 split of effort between Malahide and Bayham. 5.2 The Municipalities acknowledge that any hours worked by the Chief Building Official and/or Building Inspectors outside of regular working hours will be recognized at the applicable overtime rate. 5.3 The Municipalities further acknowledge that the number of hours logged by the Chief Building Official and/or Building Inspectors to deliver Services will be recorded in fifteen minute increments and that any portion of a fifteen minute increment shall be considered a full fifteen minutes. 5.4 For every year that this Agreement is in effect, Malahide shall provide Bayham with a detailed Annual Cost Estimate showing the projected cost of providing Building Services to Bayham for that year. Such Annual Cost Estimate shall be provided to Bayham not later than November 1st of the preceding year. 5.5 After every year for which this Agreement is in effect, Malahide shall provide Bayham with a Reconciliation Statement showing the actual cost incurred by Malahide to provide Building Services to Bayham. In the event that the actual cost incurred is greater than the Cost Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the discrepancy. Malahide shall provide Bayham with the Reconciliation Statement not later than March 1st each year. 5.6 Malahide will invoice Bayham as follows: i. March 31s' — 25% of Annual Cost Estimate ii. June 30th — 25% of Annual Cost Estimate iii. September 30th — 25 % of Annual Cost Estimate i8 iv. December 31" — 25 % of Annual Cost Estimate v. March 15Y of the following year — a reconciliation of Annual Cost Estimate to actual cost incurred by Malahide to provide Building Services to Bayham. If there is an excess of funds collected by Malahide, it will be refunded to Bayham, and if there is a deficit, it will be invoiced to Bayham. 5J Capital costs, which include the cost of a vehicle and its modifications as well as the initial investment of any required equipment, will be paid by Malahide with costs to be recovered from Bayham according to the allocation of service hours as documented in the common docketing system. 5.8 On a quarterly basis, Malahide will invoice Bayham for any additional expenditures or disbursements as incurred and previously approved by the Municipalities in writing. Malahide will provide all supporting documents to substantiate any fees or services provided. 5.3 Upon receipt of an invoice, payment shall be within thirty (30) days of the date of the invoice. Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per month (15% per annum) from the due date to the date of payment. 5.10 Any Building Code Act fees collected by Malahide, on behalf of Bayham, (either in person or through an application portal) will be considered as revenues of Bayham and shall be credited or paid to Bayham accordingly. All Building Code Act fees collected by Malahide on behalf of Bayham shall be charged and calculated as per the applicable fee schedule set by by-law and remitted to Bayham on a quarterly basis. 5.11 The Municipalities acknowledge that each will retain control of their respective Building Code Act Reserve Funds. 6.0 Results Reporting to Councils 6.1 Malahide shall prepare a quarterly report in relation to all Building Code Act activities including, but not limited to, the following: 1. Number of applications ii. Number of permits issued iii. Permit decision timeframes, including results reporting (Key Performance Indicators) that will enable the comparison of actual permit decision timeframes to target timeframes iv. Generated fees V. Tracking of billable hours across Malahide and Bayham files (docketing) in order to reconcile 50/50 budgeted sharing with actual level of efforts expended for each municipality This report will be shared with the Municipalities and the Service Sharing Working Group (the "Working Group" or "SSWG"). Ln APPENDIX B SHARED SERVICE MODEL BY-LAW ENFORCEMENT SERVICES 2.0 Scope of Services 1.1 Bayham shall provide By-law Enforcement Services on behalf of the Municipalities, which include the following: • Receive and respond during regular working hours (8:30 a.m. to 4:30 p.m., Monday through Friday, with the exception of statutory holidays) to complaints and service requests from the public and other enquiries relating to by-law enforcement matters. • Conduct investigations with respect to contraventions of municipal by-laws. • Issue Orders or Provincial Offences Act certificates and/or information and undertake enforcement as required and according to the legislated discretion granted to the By-law Enforcement Officer. • Appear in Court to provide testimony and otherwise cooperate with the municipal prosecutor on any enforcement matters proceeding through the justice system. 1.2 The Township of Malahide shall ensure that all information within its possession and control related to By-law Enforcement Services provided to Malahide is provided to the Bayham By-law Enforcement Officers) in such manner as the Officer may determine necessary in order to discharge their duties under all applicable legislation and/or policies. All original documentation pertaining to the Township of Malahide shall remain in the custody of the Manager of Bylaw Enforcement. 2.0 By-law Enforcement Staff 2.1 Bayham shall employ or contract, for the duration of this Agreement, a By-law Enforcement Officer(s) for the delivery of By-law Enforcement Services. All such employees or contractors are subject to applicable administrative and/or employment policies, procedures, and practices of the Municipality of Bayham. 2.2 The By-law Enforcement Officer(s) shall report directly to the Bayham C.A.O. 2.3 Bayham shall ensure the By-law Enforcement Officer(s) are qualified and competent and receive appropriate training in relation to the administration of the By-law Enforcement Services in accordance with all relevant legislation and regulations. 20 2.A Bayham may contract the services of a qualified By-law Enforcement Agency to augment its staffing levels to ensure its capacity to provide By-law Enforcement Services to the Municipalities. 3.0 Vehicles and Equipment 11 Bayham shall provide such vehicles and equipment as are reasonably required to provide By-law Enforcement Services in the Municipalities. 3,2 The Municipalities shall provide a sufficient workspace for the By-law Enforcement Officer(s) in their respective municipal offices. 4.0 Harmonized Operations 4.1 The Municipalities acknowledge and agree that there will be improved efficiencies for this shared By-law Enforcement model where applicable by-laws related to the same subject matter are consistent across the Municipalities. Without fettering the discretion of the Council of either Municipality, the Municipalities have or agree to make efforts to consider enacting the following: i. Standardized operating procedures (SOPS) in order to ensure consistent execution of complaint responses across both municipalities ii. Identical Service Levels i1. Harmonized Noise By-law(s) i1 Harmonized Parking By-law(s) iv. Harmonized Property Standards By-law(s) V, Harmonized Animal Control By-law(s) Vi. An internal docketing system for staff time allocation to specific Malahide/Bayham By-law Enforcement files. 5.0 Financial Arrangement 5.1 The By-law Enforcement Services as set out in section 1.1 above shall be provided on a Cost Recovery Basis. All By-law Enforcement files will be invoiced based on 100% of billable effort. All non -allocated work activities will be invoiced on a deemed 50/50 split of effort between Malahide and Bayham. 5.2 The Municipalities acknowledge that any hours worked by the By-law Enforcement Officer(s) outside of regular working hours will be recognized at the applicable overtime rate. 5.3 The Municipalities further acknowledge that the number of hours logged by the By-law Enforcement Officer(s) to deliver Services will be recorded in fifteen minute increments and that any portion of a fifteen minute increment shall be considered a full fifteen minutes. 5.4 For every year that this Agreement is in effect, Bayham shall provide Malahide with a detailed Annual Cost Estimate showing the projected cost of providing By-law Enforcement Services to 21 Malahide for that year. Such Annual Cost Estimate shall be provided to Malahide not later than November 1st of the preceding year. 5.5 After every year for which this Agreement is in effect, Bayham shall provide Malahide with a Reconciliation Statement showing the actual cost incurred by Bayham to provide Bylaw Enforcement Services to Malahide. In the event that the actual cost incurred is greater than the Cost Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the discrepancy. Bayham shall provide Malahide with the Reconciliation Statement not laterthan March 1st each year. 5.6 Bayham will invoice Malahide as follows: i. March 31"-25% of Annual Cost Estimate ii. June 30th — 25% of Annual Cost Estimate iii. September 30th — 25 % of Annual Cost Estimate iv. December 31" — 25 % of Annual Cost Estimate v. March 1st of the following year — a reconciliation of Annual Cost Estimate to actual cost incurred by Bayham to provide By-law Enforcement Services to Malahide. If there is an excess of funds collected by Bayham, it will be refunded to Malahide, and if there is a deficit, it will be invoiced to Malahide. 5.7 Capital costs, which include the cost of a vehicle and its modifications as well as the initial investment of any required equipment, will be paid by Bayham with costs to be recovered from the Malahide according to the allocation of service hours as documented in the common docketing system. 5_8 On a quarterly basis, Bayham will invoice Malahide for any additional expenditures or disbursements as incurred and previously approved by the Municipalities in writing. Bayham will provide all supporting documents to substantiate any fees or services provided. 5.9 Upon receipt of an itemized invoice, payment shall be within thirty (30) days of the date of the invoice. Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per month (15% per annum) from the due date to the date of payment. 5.10 Any By-law Enforcement revenues (i.e. fees/fines/charges) collected by Bayham, on behalf of Malahide, will be considered as revenues of Malahide. All such revenues collected on behalf of Malahide shall be remitted to Malahide on a quarterly basis. 6.0 Results Reporting to Councils 6.1 Bayham shall prepare a quarterly report in relation to all By-law Enforcement activities including, but not limited to, the following: h Number of complaints/service requests received and responded to, including details regarding timescale, length and number of visits, type of activity undertaken, anticipated outcomes, charging method and cost. L? iii. Results reporting (Key Performance Indicators) that will enable the comparison of actual file initiation and file resolution timeframes to target timeframes Tracking of billable hours across Malahide and Bayham files (docketing) in order to reconcile 50/50 budgeted sharing with actual level of efforts expended for each municipality This report will be shared with the Municipalities and the Service Sharing Working Group (the "Working Group" or "SSWG"). APPENDIX C SHARED SERVICE MODEL COMMON PLANNING AND DEVELOPMENT APPROVALS SERVICE 1.0 Scope of Services 1.1 Malahide shall provide Planning Services to Bayham, in accordance with any and all applicable statutory, regulatory, or professional standards governing planning processes, including strict adherence to timelines specified in the Planning Act. Such Services shall include the following: (a) Pre -consultation with applicants; (b) Providing notice of complete applications, public meetings, decisions or any other prescribed event or step in a planning application that requires notice pursuant to the Planning Act; (c) Review and processing of planning applications for which Bayham is the approval authority including the management of the application review process, issues resolution and drafting of required staff reports and recommendations; (d) Review of planning applications for which Bayham is a prescribed commenting entity, including the drafting of comment letters and technical issue(s) resolution; (e) Coordination and monitoring of the review of planning applications by commenting departments or external consultants; (f) Providing planning opinions to Council / applicable Committees and preparation of attendant Council reports, by-laws or resolutions; (g) Attendance at Council / applicable Committee meetings to present planning opinions as may be required; (h) Providing Notice(s) of Decision for all applications; (i) Any other matter required for the effective and efficient delivery of planning services required by the Planning Act, 1,2 In accordance with any applicable statutory, regulatory, or professional standards, the delivery of the services specified in section 1.1 will typically occur between 8:30am and 4:30pm, Monday to Friday, excluding holidays, except where a Council or Committee meeting may fall outside of such hours. 1.3 It is acknowledged and agreed by the Parties that Bayham may still perform parts or portions of Planning Services to the public on its own behalf using personnel as described in section 2.5, below. Where Bayham provides its own Planning Services to the public then Malahide shall not, on a file and/or application specific basis, be required to duplicate the Planning Services performed by Bayham. The Parties hereby agree to work cooperatively and reasonably with each other to find the most efficient use of Bayham's own planning personnel that permits such personnel to, on a file -specific basis, operate in support of the Planning Services provided by Malahide to Bayham and/or to conduct such portions of the Planning Services independently of the Malahide Planning Services provided to Bayham. In the event of the latter, Bayham shall be solely responsible for the work of Bayham personnel. 24 1-4 The Parties agree that where a council meeting conflict can't be avoided for the Director of Planning and Development Services, that the Partnering C.A.O.s and their staff will work cooperatively to make arrangements and appropriate accommodations, such as allowing the Director to present at one Partnering Council early in an evening/meeting so that the Director can present to the other Partnering Council later in the same evening, and/or, utilizing virtual meeting platforms. 2.0 Planning and Development Services Staff 2.1 Malahide shall employ or contract, on behalf of the Municipalities and for the duration of this Agreement, a Director of Planning and Development Services. The Director of Planning and Development Services will be subject to applicable administrative and/or employment policies, procedures, and practices of the Township of Malahide. 2.2 The Director of Planning and Development Services will be responsible for the day -to day management of the Planning and Development Services Department, including: i. Providing strategic advice I Project management fif. Management of staff and consultants iv. Allocation of staff resources based upon an approved work plan V. Exercise delegated approval authority for planning applications 2.3 The Director of Planning and Development Services shall report to the Malahide C.A.O. and Malahide Council in respect of all employment matters. The Director of Planning and Development Services shall report on operations of the department as it relates to Bayham planning matters to the Bayham C.A.O. 2.4 Malahide shall employ a Planning/Development Technician to provide a mix of planning and development services. This employee will be subject to applicable administrative and/or employment policies, procedures, and practices of the Township of Malahide and will report directly to the Director of Planning and Development Services 2.5 Bayham may, during the Term of this Agreement, employ a Planning/Development Technician to provide a mix of planning and development services. In the event that Bayham employs such an employee, the Parties agree that such employee may provide support to Malahide's Planning and Development Services department on terms and conditions that may be agreed to between the parties to ensure the efficient delivery of planning services for both Municipalities. However, for all employment -related matters the Planning/Development Technician shall be solely responsible to Bayham and shall report to Bayham's C.A.O. 23 The Malahide Chief Building Official will report to the Director of Planning and Development Services. 3.0 Vehicles and Equipment 25 3.1 The Municipalities shall provide such vehicles and equipment as are reasonably required to provide Planning and Development Approvals Services in their respective Municipalities. 3.2 The Municipalities shall provide a sufficient workspace for Planning and Development Services Staff in their respective municipal offices, with Bayham making available such space that may be necessary for delivery of the Planning and Development Services as may be reasonably required. 3.3 In order to maximize the efficiency/effectiveness of the Common Planning and Development Approvals Service delivery model, the Municipalities agree to utilize the CloudPermit Portal/ Workflow tool to provide a seamless link to Building Services using its workflow configuration capabilities. 4.0 Shared Portfolio of Consultants 4A Both Malahide and Bayham may contract the services of a Planning Consultant and/or Engineering Consultant to augment its staffing levels and/or provide specialized services to ensure its capacity to provide Planning and Development Services to the Municipalities. 4.2 The Municipalities agree to make best efforts, in conformance with their purchasing policies, to consolidate their existing Planning Consultants in a shared portfolio. The Municipalities agree that, when appropriate, such retained firm(s) can be deployed across files located at their historic client municipality. The shared portfolio of consultants will secure additional coverage/capacity for both municipalities. 5.0 Application Fees 5.1 Each Municipality shall be responsible for establishing their own application fees for planning applications in accordance with section 69 of the Planning Act. 5.2 Fees payable to Bayham will be collected directly by Bayham from an applicant at the time of application. Bayham will confirm that the fee has been paid or remains outstanding at the time Bayham delivers the application and any associated file material to the Malahide Planning and Development Services department. 6.D Financial Arrangement 6.1 The Planning and Development Approvals Service as set out in sections 1.1 and 1.2 above shall be provided on a Cost Recovery Basis. All Planning/ Development Approvals files will be invoiced based on 100% of billable effort by Malahide to Bayham. All non -allocated work activities will be invoiced on a 50/50 split of effort between Malahide and Bayham. U The Municipalities acknowledge that any hours worked by the Planning and Development Services Staff outside of regular working hours will be recognized at the applicable overtime rate. 26 6.3 The Municipalities further acknowledge that the number of hours logged by the Planning and Development Services Staff to deliver Services will be recorded in fifteen minute increments and that any portion of a fifteen minute increment shall be considered a full fifteen minutes. 6.4 For every year that this Agreement is in effect, Malahide shall provide Bayham with a detailed Annual Cost Estimate showing the projected cost of providing Planning and Development Services to Bayham for that year. Such Annual Cost Estimate shall be provided to Bayham not later than November 1st of the preceding year. 63 After every year for which this Agreement is in effect, Malahide shall provide Bayham with a Reconciliation Statement showing the actual cost incurred by Malahide to provide Planning and Development Services to Bayham. In the event that the actual cost incurred is greater than the Cost Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the discrepancy. Malahide shall provide Bayham with the Reconciliation Statement not later than March 1st each year. 6.6 Malahide will invoice Bayham as follows: i. March 31st — 25% of Annual Cost Estimate ii. June 30th — 25% of Annual Cost Estimate iii. September 301h — 25 % of Annual Cost Estimate iv. December 31st — 25 % of Annual Cost Estimate v. March 1st of the following year — a reconciliation of Annual Cost Estimate to actual cost incurred by Malahide to provide Planning and Development Services to Bayham. If there is an excess of funds collected by Malahide, it will be refunded to Bayham, and if there is a deficit, it will be invoiced to Bayham. 6-7 Capital costs, which include the initial investment of any required equipment, will be paid by Malahide with costs to be recovered from Bayham according to the allocation of service hours as documented in the common docketing system. The Parties agree that the Planning Services will not require the purchase of a vehicle. Personal vehicles will be utilized in accordance with Malahide policies, and the Director will also be able to utilize the Building Services vehicle. 6.7 On a quarterly basis, Malahide will invoice Bayham for any additional expenditures or disbursements as incurred and previously approved by the Municipalities in writing. Malahide will provide all supporting documents to substantiate any fees or services provided. 6.8 Upon receipt of an itemized invoice, payment shall be within thirty (30) days of the date of the invoice. Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per month (15% per annum) from the due date to the date of payment. 7.0 Results Reporting to Councils 7.1 Malahide shall prepare a quarterly report in relation to all Planning and Development activities including, but not limited to, the following: 1. Number of applications 27 Ii. Application processing/decision timeframes, including results reporting (Key Performance Indicators) that will enable the comparison of actual processing/decision timeframes to target timeframes iil. Generated fees/deposits IV. Tracking of billable hours across Malahide and Bayham files (docketing) in order to reconcile 50/50 budgeted sharing with actual level of efforts expended for each municipality This report will be shared with the Municipalities and the Service Sharing Working Group (the "Working Group" or "SSWG").