Common use of Costs and Payment Clause in Contracts

Costs and Payment. 8.1. The Parties agree that any and all direct and indirect costs for assistance are to be paid by the Assisted Municipality. The Assisted Municipality shall be responsible to pay for any and all actual costs incurred by the Assisting Municipality in providing the assistance. Such costs shall include: all wages, salaries, overtime, shift premium, and similar charges and expenses incurred in providing the assistance providing all such costs are reasonable in the circumstances. However, such costs shall not include the Assisting Municipality’s cost of employment benefits which includes, for the purposes of this Agreement, Canada Pension Plan, Employment Insurance, OMERS contributions, and/or contributions made to life insurance, health, dental, and/or disability plans or policies. 8.2. The Assisted Municipality shall also be responsible for all actual operating costs for all personnel, services, equipment, machinery or material furnished, including, but not limited to, costs of fuel, repairs, parts and any and all other items directly attributable to the operation of equipment and machinery, services and material furnished as assistance to the Assisted Municipality under this Agreement. Where there is damage incurred to loaned equipment or vehicles, if the cost to repair the damage exceeds the deductible amount of the owner’s policy, the owner’s insurance policy is primary, and the under-deductible amount shall be the responsibility of the owner of the equipment. 8.3. If necessary, for the duration of the assistance provided under this Agreement, the Assisted Municipality shall be responsible for providing all food, lodging and accommodation reasonably required by the personnel furnished pursuant to this Agreement. Where food and lodging cannot be provided in-kind, the Assisted Municipality shall pay all reasonable costs to personnel for any food and lodging purchased by personnel of the Assisting Municipality. 8.4. The Assisting Municipality shall provide to the Assisted Municipality, if practical, an estimate of the cost of providing the assistance. Equipment will be charged out at the then current OPSS 127. 8.5. Payment by the Assisted Municipality for costs incurred for the assistance provided shall be subject to the Assisted Municipality’s receipt of an invoice from the Assisting Municipality. Such invoice shall set out in sufficient detail the costs actually incurred by the Assisting Municipality in providing assistance, and where practically available, receipts for disbursements shall be forwarded in support of the invoice. 8.6. The Assisted Municipality shall remit payment of the amount owing for the assistance provided within ninety (90) days of the receipt of the Assisting Municipality’s invoice. 8.7. Any amount remaining unpaid and outstanding after the ninety (90) day period referred to in sub-section 8.6 of this Agreement shall bear interest at the rate stipulated in the Assisting Municipality’s invoice, which rate shall not exceed the Bank of Canada bank rate at the date of the invoice plus two (2) per cent per annum until paid. 8.8. Notwithstanding the above agreed-upon terms of invoicing and payment for assistance provided, there is nothing in this Agreement that prevents the Council of an Assisting Municipality from passing a resolution to waive part or all of the fees associated with having provided the assistance to the Assisted Municipality in a gesture of goodwill. However, it is not an assumption that this shall occur, and the Assisted Municipality should be prepared to pay for all assistance provided to it as per the requests it has made.