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By-law No. 2007-122 -1- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2007-122 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RICHMOND COMMUNITY WATER INC. WHEREAS the Municipality of Bayham is desirous of entering into an agreement with Richmond Community Water Inc. for the temporary provision of operation and maintenance services in emergency situations, on a full cost recovery basis; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule"A" and forming part of this by-law between Richmond Community Water Inc. and the Municipality of Bayham for the temporary provision of operation and maintenance services in emergency situations 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF DECEMBER 2007. IA I Am1 MA' 1 4 CLERK -2- THIS AGREEMENT MADE this 21st day of December, 2007, BETWEEN : THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Herein referred to as`Bayham") OF THE FIRST PART - and RICHMOND COMMUNITY WATER INC. PARTNERSHIP (Herein referred to as"Richmond") OF THE SECOND PART THIS AGREEMENT made pursuant to Sections 11 and 93 of the Municipal Act, 2001, for the supply of personnel services by Bayham to Richmond. WHEREAS Richmond requires personnel to assist in the operation of a non-municipal public (water) utility, in certain emergency situations and when the qualified operator is not available; AND WHEREAS Bayham is prepared to provide such personnel to Richmond on an interim basis; AND WHEREAS the parties wish to confirm arrangements for the provision of personnel services; THE PARTIES HAVE THEREFORE AGREED to the following terms: 1. Provision of Services During the term, Bayham agrees to provide the services listed on Schedule "A"to Richmond, in emergent need, on a fee-for-service basis. 2. Operating Authority Richmond is and shall remain the Operating Authority for the water utility, and shall appoint a qualified Overall Responsible Operator for the system. When providing emergency and backup services, Bayham staff will report to such qualified Operator who shall remain the Overall Responsible Operator. 3. Request for Services Richmond shall notify Bayham of its need for services by contacting the Water/Wastewater Department directly by phone during normal office hours at 519-874-4761, or through the Municipality of Bayham Dispatch Service outside of normal office hours at 519-435-6454. 4. Level of Service These services will be provided in accordance with the Safe Drinking Water Act. 5. Term, Termination 5.1 Term. This Agreement shall run for a period of ninety(90) days from and including January 7, 2008 and automatically expires on the last day, without notice. It is hereby mutually agreed that the current agreement for the operation of the Richmond water utility dated October 5, 2007 is terminated upon execution of this agreement. 5.2 Termination with Notice. This Agreement maybe terminated with no less than fourteen(14) days notice in writing by the one party to the other. -3- 6. Fee for Services 6.1 In consideration of the services provided under this Agreement, Richmond shall pay Bayham: a) $56.08 per hour for all hours worked, and b) $70.00 per week for on-call requirements, and c) reimbursement for direct costs/charges as may be incurred by Bayham 6.2 Minimum Call-out—When Bayham staff are contacted or paged by Richmond outside of regular working hours, a minimum charge equal to four hours at regular rate of pay shall apply. 6.3 Increase to Rates. The above rates are based on 2007 staffing costs. The rates shall be adjusted by the direct increase in staff wages effective January 1, 2008. 7. Conflicting Requirements Municipality of Bayham water/wastewater department has responsibility to operate the Municipality of Bayham water and wastewater services, and this shall remain the primary service for the department. Bayham staff shall respond first to such responsibilities as the first priority and to the Richmond water utility thereafter. In the event resources do not permit staff to respond to Richmond, Bayham shall not be responsible for or liable to Richmond for any damages that may occur. 8. Risk and Insurance Bayham warrants to Richmond that it will faithfully provide the services described in this Agreement. Richmond will hold Bayham harmless from and against any claim,prosecution, action, penalty or judgment arising from the provision or failure to provide services under this Agreement, and will maintain such liability insurance as Bayham considers advisable for the joint benefit of the parties. 9. Dispute Resolution The parties agree to refer technical issues to the (Elgin) County Engineer for advice and will implement the recommendations of the (Elgin) County Engineer. IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed their respective seals, attested by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: r,4auLL Mayor Clerk RICHMOND COMMUNITY WATER INC. PARTNERSHIP By: Jr1149 I have authority to bind the corporation. -4- Schedule "A" Services to be Provided The Municipality of Bayham will provide certified staff to carry out the following: • Respond to and provide operation and maintenance services in emergency situations as required. For clarity, Bayham staff will respond to direct alarms/paging as may be in place and/or upon request by the qualified operator(Overall Responsible Operator)working of behalf of Richmond. • Report on results/activities to the Operating Authority(via the Qualified Operator appointed by Richmond) and to required authorities/agencies in accordance with current statutes and regulations • Maintain logs and other records of activities and actions taken as required by current statutes and regulations for actions which Bayham has been required to take during the period for which services were supplied. Notes: 1. Performance of regular daily operations, sampling, maintenance and reporting for the private water system (all treatment and distribution equipment)will be carried out by Richmond(the Operating Authority) in accordance with the Safe Drinking Water Act. 2. It is identified that the Ministry of the Environment has issued Orders respecting this Treatment and Distribution System. The Municipality of Bayham will not undertake to address/correct such Orders but the Owners shall pursue such corrections.