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HomeMy WebLinkAbout06 035 Agree Com Safety Service · e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 - 035 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AMENDED AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES WHEREAS the Council for the Corporation of the Municipality of Kincardine, with the adoption of By-law No. 2005 - 018, entered into an agreement with the Minister of Community Safety and Correctional Services to provide for the provision of policing services within the Municipality; AND WHEREAS Her Majesty the Queen in Right of the Province of Ontario as represented by The Minister of Community Safety and Correctional Services (the Ministry) has established the Safer Communities - 1,000 Officers Partnership Program (the Program) to hire 1,000 new police officers across the Province of Ontario; AND WHEREAS the Ministry has agreed to fund through the Program, 400 of the 1,000 officers hired between October 23, 2003 and March 31, 2006, back to May 18, 2005; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Sections 8 and 9 (1) provides municipalities with powers of a natural person to enable them to govern their affairs as they consider appropriate under this or any other Act; AND WHEREAS the Ministry has agreed to fund the Kincardine Police Service Board by granting funds to the Municipality of Kincardine for the purpose of increasing the number of sworn officers of the OPP South Bruce Detachment - Kincardine; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Community Safety and Correctional Services in order to participate in the program; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine passed By-law No. 2006 - 025 on March 01, 2006 to authorize the Municipality to enter into such agreement; AND WHEREAS the Agreement approved under By-law No. 2006-025 has been modified to change the Municipality's allocation from one officer hired during the period October 23, 2003 to March 01, 2006 to one officer hired post April 01, 2006; .../2 e e e e Page 2 Safer Communities - 1,000 Officers Partnership Program Agreement By-Law By-Law 2006 - 035 NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Community Safety and Correctional Services. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Safer Communities - 1,000 Officers Partnership Program Agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by The Minister of Community Safety and Correctional Services attached hereto as Schedule "A". 3. That By-law No. 2006 - 025 is hereby repealed. 4. This By-law shall come into full force and effect upon its final passage. 5. This By-law may be cited as the "Amendment to the Safer Communities Agreement By-law". READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 15th day of March, 2006. ;u. -I ~. " Mayor ~ ~erk THIS AGREEMENT made as of the rThisIs~"L"to~ No.cbl){.-A~ theL of Ir1 A-(I,c.. ¡..J 2()(){, . \"t day of MARc..~ ,2006. ~~ ~.ÞJ~ .--" , .. ... '" ,,- BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services (the "Ministry") - and- Municipality of Kincardine (the "Municipality") and- Kincardine Police Services Board (the "Board") WHEREAS the Ministry has established the Safer Communities - 1,000 Officers Partnership Program (the "Program") as part of the government's commitment to make Ontario communities safer and stronger; AND WHEREAS the objective of the program is to hire 1,000 New Police Officers across the province of Ontario £rom October 23, 2003, the beginning of the Ontario Government's mandate, to enhance community policing and the six-targeted àreas identified by the govermnent in its fight against crime in Ontario: youth crime, guns and gangs, organized crime and marijuana grow ops, dangerous offenders, domestic violence, and protecting children from Internet luring and child pornography; AND WHEREAS the 1,000 New Police Officers will contribute to government's efforts to address justice efficiency issues, which could lead to efficiencies in the court system; AND WHEREAS the Ministry has agreed to fund through the Program, 400 of the 1,000 police officers hired between October 23,2003 and March 31, 2006 back to May 18,2005; .' ,oj. """ - 2- AND WHEREAS the Ministry has agreed to fund the Board by granting funds to the Municipality for the purpose of increasing the number of sworn officers of the South Bruce OPP Detachment - Kincardine for meeting the objectives of the program; NOW THEREFORE, in consideration of the mutual covenants and Agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the parties hereto agree as follows: 1.0 Defmitions 1.1 In this Agreement the following words shall have the following meanings: (a) "Agreement" means this Agreement entered into between the Ministry and the Municipality and the Board and all schedules and attachments to this Agreement and any instrument amending this Agreement; (b) "Community Policing and/or Targeted Area Activities" means the policing activities described in Schedule "B"; (c) "Fiscal Year" means £rom April 1 51 in the year the Grant Funds were provided and until the following March 3151; (d) "Grant Fund(s)(ing)" means the grant funds provided to the Municipality by the Ministry pursuant to this Agreement; (e) "Recipient" means the Municipality of Kincardine or the Kincardine Police Services Board; (f) "New Police Officer(s)" means new recruit(s) and experienced police officer(s) hired since the beginning of the Ontario Government's mandate; (g) "New Hire(s)" means an officer(s) hired post April 1 , 2006 under the Program. 2.0 Term ofthe Agreement 2.1 The Agreement shall commence on April 1, 2006 and shall expire on March 31, 2008 unless terminated earlier pursuant to either section 16.1 or 17.1 of this Agreement. 3.0 Grant Funding 3.1 In accordance with Schedule "A", the Ministry shall cost-share approximately 50% up to a cap of $35,000.00 per officer per annum to the Municipality to provide to the Board so that the Board can employ new officers in full-time Community Policing and/or Targeted Area Activities. - ~..:J. ~ - 3 - 3.2 The Ministry shall disburse the Grant Funds according to the schedule provided in Schedule "A". 3.3 Despite sections 3.1 and 3.2, the Ministry, in its sole discretion, rnay adjust the amount of Grant Funding to be provided to the Municipality for the Board in any Fiscal Year during which the Agreement is in effect, based upon the Ministry's assessment of documentation provided to the Ministry pursuant to section 7.1 of this Agreement. 3.4 Despite sections 3.1 and 3.2, the Ministry shall not provide any Grant Funds to the Municipality for the Board until the insurance requirements described in section 11.0 have been met and the Municipal Council has provided a municipal by-law or resolution authorizing the Municipality to enter into this Agreement with the Ministry. 4.0 Municipality and Board Warrant 4.1 The Municipality and the Board warrant that they shall carry out the Program in compliance with all federal, provincial or municipal laws or regulations, or any orders, rules or by-laws related to any aspect of the Program. 5.0 Further Conditions 5.1 The Ministry, acting reasonably, shall be entitled, at any time, to irnpose such additional terms or conditions on the use of the Grant Funds which it, in its sole discretion, considers appropriate for the proper expenditure and management of the Grant Funds and the carrying out and completion of the Program and shall be entitled to impose such terms and conditions on any consent granted pursuant to this Agreement. 6.0 Further Grants 6.1 It is agreed and understood that the provision of the Grant Funds in no way commits the Ministry to provide other or additional grants to the Municipality or the Board now or in the future. 7.0 Accounting and Review 7.1 The Municipality and Board: (a) shall keep and maintain all financial records, invoices and other financially- related documents relating to the Grant Funding in a mauner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by the Ministry for a period of seven (7) years £rom the date of the termination of this Agreement; (b) shall maintain all non-financial documents and records relating to the Grant Funding in a confidential mauner consistent with all applicable laws; and 1..4 « - 4- (c) hereby authorize an employee, agent or consultant of the Ministry, upon twenty- . four (24) hours' notice and during normal business hours, to enter upon the business premises of the Municipality and the Board to review the status and manner of operation of the Program and to inspect and copy any financial records, invoices and other fmancially-related documents, non-financial records and documents, in the possession or under the control of the Municipality or the Board which relate to the Grant Funds. 7.2 The Ministry's right of inspection in this Agreement includes the right to perform a full or partial audit. 7.3 To assist the Ministry in the task described in this section, the Municipality and the Board shall provide any other information to the Ministry reasonably requested by the Ministry. 7.4 The purposes for which the Ministry may exercise its right under this section include: (a) determining for what items and purposes the Municipality and the Board expended the Grant Funds; (b) determining whether, and to what extent, the Municipality and the Board expended the Grant Funds with due regard to economy and efficiency; and (c) determining whether the Municipality and the Board completed the Program effectively and in accordance with the terms of this Agreement. 8.0 Conflict of Interest 8.1 The Recipient shall ensure that the Program is carried out in all its aspects without a conflict of interest by any person associated with the Program in whatever capacity. 8.2 The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 9.0 Limitation of Liability 9.1 The Ministry, its officers, employees and agents shall not be liable for any incidental, indirect, special or consequential damages, injury or any loss of use or profit of the Municipality or the Board arising out of or in any way related to the Program or this Agreement. (- '" - 5- 10.0 Indemnity 1 0.1 The Municipality and the Board shall indenmit)' the Ministry, its officers, employees and agents £rom and against all costs incurred as a result of a claim or proceeding related to the Municipality's or the Board's activities under the Program, unless it was caused by the negligence or wilful act of an officer, employee, or agent of the Ministry. 11.0 Insurance 11.1 Prior to the beginning of the Program, the Municipality and the Board shall put in effect and maintain for the period during which the Agreement is in effect, at their own expense, with insurers acceptable to the Ministry, Commercial General Liability Insurance to an inclusive limit of not less than Five Million Dollars ($5,000,000) per occurrence for property damage, third party bodily injury and personal injury, and including, at least, the following policy endorsements: (a) Her Majesty the Queen in right of Ontario as represented by the Minister as an additional insured; (b) Contractual Liability; (c) Products and Completed Operations Liability; (d) Ernployer's Liability and Voluntary Compensation or wsm coverage, as applicable; (e) Non-Owned autornobile coverage with blanket contractual and physical damage coverage for Hired Automobiles; and (f) A thirty (30) day written notice of cancel1ation. 11.2 Prior to the beginning of the Program, the Municipality and Board shall provide the Ministry with a valid Certificate of Insurance (and thereafter, shall provide any replacements thereof) that confirms the above requirements. The Municipality and the Board shall provide the Ministry with any renewal replacement certificates as may be necessary. 12.0 Credit 12.1 The Municipality and the Board shall acknowledge the support of the Ministry in al1 public communications and publicity relating to the Program or this Agreement including press releases, published reports, radio and television programs and public meetings, in a format approved by the Ministry. 12.2 The Municipality and the Board shall ensure the acknowledgement in any report or materials indicate that the views expressed in the report or materials are the views of the Municipality and the Board and do not necessarily reflect those of the Ministry. \f. \I -6- 13.0 Reports 13.1 The Municipality and the Board shall prepare and deliver: (a) In the form identified in Schedule "A", the reports described in Schedule "A"; (b) Such other reports as the Ministry may reasonably require from time to time; and (c) A fmal audited financial statement to the Ministry, within the time period stipulated by the Ministry. 13.2 The Municipality and the Board shall each ensure that all reports on behalf of the Municipality or the Board are signed by an authorized signatory, as applicable. 14.0 Inspection 14.1 The Ministry reserves the right to inspect any aspect of the Community Policing and/or Targeted Area Activities being carried out under the Program at any time. 15.0 Assignment 15.l Neither the Municipality nor the Board shall assign this Agreement or the Grant Funds, or any part thereof, without the prior written approval of the Ministry, which approval may be withheld by the Ministry in its sole discretion or given subject to such terms and conditions as the Ministry may impose. 16.0 Termination by Ministry for Convenience 16.1 The Ministry rnay in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry uoder this Agreement or at law or . in equity, terminate this Agreement at any time, for any reason, upon giving at least thirty (30) days notice to the Municipality and the Board. 16.2 Where notice to terminate is given under this section, the Ministry may, in its sole discretion, assess the state of the Program and allow the Municipality and the Board to wind down the Community Policing and/or Targeted Area Activities by the end of the notice period. 17.0 Termination by the Ministry 17.1 The Ministry may, in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry under this Agreement or at law or in equity, terminate this Agreement immediately upon giving notice to the Municipality and the Board if: ,. ~ - 7- (a) in the opinion of the Ministry: i) the Municipality or the Board has knowingly provided false or misleading information regarding their funding request or in any other communication with the Ministry; ii) the Municipality or the Board breaches any term or condition of this Agreement; iii) the Municipality or the Board is unable to carry out Community Policing and/or Targeted Area Activities or is likely to discontinue it; (b) the Municipality or the Board makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or ( c) the Municipality or the Board ceases to operate. 17.2 If the Ministry, in its sole discretion, considers the nature of the breach to be such that it can be remedied and that it is appropriate to allow the Municipality or the Board the opportunity to remedy the breach, the Ministry will give the Municipality or the Board, as circumstances dictate, an opportunity to remedy the breach by giving the Municipality and the Board written notice: (a) of the particulars of the breach; (b) of the period of time within which the Municipality or the Board, as circumstances dictate, is required to remedy the breach; (c) that the Ministry shall terminate this Agreement: i) at the end of the notice period provided for in the notice if the Municipality or the Board fails to remedy the breach within the time specified in the notice; or ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Ministry that the Municipality or the Board cannot cornpletely remedy the breach within that time or such further period of time as the Ministry considers reasonable, or the Municipality or the Board is not proceeding to remedy the breach in a way that is satisfactory to the Ministry. 17.3 If the Ministry has provided the Municipality and the Board with an opportunity to remedy the breach, and \I. ",¡;. - 8- (a) the Municipality or the Board does not remedy the breach within the time period specified in the notice; or (b) it becomes apparent to the Ministry, acting reasonably, that the Municipality or the Board cannot completely remedy the breach within the time specified in the notice or such further period of time as the Ministry considers reasonable; or (c) the Municipality or the Board is not proceeding to remedy the breach in a way that is satisfactory to the Ministry, acting reasonably; the Ministry shall have the right to immediately terminate this Agreement by giving notice oftermination to the Municipality and the Board. 17.4 In the event of termination pursuant to this section the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. 18.0 Grant Funding Upon Termination 18.1 If this Agreement is terminated by the Ministry pursuant to section 16.1, the Ministry shall: (a) cancel all further Grant Funding instalments; (b) demand the repayment of any Grant Funds remaining in the possession or under the control of the Municipality and the Board that are not required by the Municipality and the Board to pay the costs of winding down the Community Policing and/or Targeted Area Activities as determined by the Ministry pursuant to section 16.2. 18.2 If this Agreement is terminated by the Ministry pursuant to section 17.1, the Ministry shall: (a) cancel all further Grant Funding instalments; (b) demand the repayment of any Grant Funds remaining in the possession or under the control of the Municipality and the Board. 18.3 If this Agreement is terminated by the Ministry because the Municipality and the Board use the Grant Funds for purposes not agreed upon by the Ministry, the Ministry may in addition to the rights conferred upon it under this Agreement or in law or in equity, demand nom the Municipality and the Board the payment of funds equal to those irnproperly used by the Municipality or the Board. " '. - 9- lS.4 If the Ministry demands the repayment of any part of the Grant Funds pursuant to this Agreement the amount demanded shall be deemed to be a debt due and owing to the Ministry and the Municipality and the Board shan pay the amount to the Ministry immediately unless the Ministry directs otherwise. lS.5 The Ministry reserves the right to demand interest on any amount owing by the Municipality or the Board at the then current rate charged by the Province of Ontario on accounts receivable. lS.6 The Municipality and the Board shall repay the amount demanded by cheque payable to the "Minister of Finance" and rnailed to the Ministry to the attention of the Ministry Representative as provided for in section 21. 19.0 Grant Funding at end of Fiscal Year or on Expiry of Agreement 19.1 Any part of the Grant Funds that have not been used or accounted for by the Municipality or the Board by the end of any Fiscal Year during the term of this Agreement shall belong to the Ministry. The Municipality and the Board shall use the Grant Funds only for the purposes set out in this Agreement or shall return the Grant Funds to the Ministry immediately upon the request of the Ministry. 19.2 Any part of the Grant Funds that have not been used or accounted for by the Municipality or the Board at the time the Agreement is terminated shall belong to the Ministry. The Municipality and the Board shall use the Grant Funds only for the purposes set out in this Agreement or shall return the Grant Funds to the Ministry immediately upon the request of the Ministry. 19.3 At the end of any Fiscal Year during the term of this Agreement or upon the expiry of the Agreement, the Municipality and the Board shall, upon the demand of the Ministry, repay to the Ministry an amount equal to any part of the Grant Funds used by the Municipality and the Board for purposes not identified in this Agreement. This amount shall be a debt due and owing to the Ministry and the Ministry's right to demand payment of this money is in addition to the rights conferred upon it under this Agreement or in law or in equity. 20.0 Counterparts 20.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together sha1l constitute one and the same instrument. ~, .... - 10- 21.0 Notièes 21.1 Any notice or communication required to be given under this Agreement shall be in writing and shall be served personally, delivered by courier or sent by certified or registered mail, postage prepared with return receipt requested, or sent by facsimile addressed to the other party at the address provided below or at such other address as either party shalllatef designate to the other in writing. All notices shall be addressed as follows: To the Ministry: To the Municipality: Ministry of Community Safety and Correctional Services 25 Grosvenor Street, 12th Floor Toronto ON M7A2H3 Municipality of Kincardine 1475 Concession 5, RR. 5 Kincardine ON N2Z 2X6 Attention: Eve Roknic, Manager (A) Program Development Section Police Support Services Branch Policing Services Division Attention: His Worship Glen Sutton Mayor Fax: Telephone: (519) 396-3468 Fax: Telephone: (416) 314-3092 (416) 314-3074 To the Board: Kincardine Police Services Board 1475 Concession 5, RR 5 Kincardine ON N2Z 2X6 Attention: Ms. Sandy Donald, Chair Fax: Telephone: (519) 396-3468 21.2 All notices shall be effective: (a) at the time the delivery is made when the notice is delivered personally, by courier or by facsimile; and (b) seventy-two (72) hours after deposit in the rnail when the notice is sent by certified or registered or postage prepaid mail. ~...." ~ '.. - 11 - 22.0 Confidentiality 22.1 Subject to the rights and safeguards provided for in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. the Municipality and the Board shan not disclose or publish at any time, any of the information provided to them by the Ministry pursuant to this Agreement or any of the information obtained or discovered in the course of the performance of the Municipality's and the Board's duties and obligations under this Agreement ("Ministry Information") without the prior written consent of the Ministry Representative. 22.2 An information the Municipality and the Board are required to provide to the Ministry under this Agreement is deemed to be the property of the Ministry and as such is to remain confidential. A breach of this provision could result in the immediate termination of this Agreement. 23.0 Severability of Provisions 23.1 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and any invalid provision shall be deemed to be severed. 24.0 Waiver 24.1 A waiver of any failure to comply with any term of this Agreement must be written and signed by the Municipality and the Board or by the Ministry as the circumstances dictate. Each waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. 25.0 Independent Parties 25.1 The parties are and shall at all times remain independent and are not and shall not represent themselves to be the agent, joint venturer, partner or employee of the other. In respect to this Agreement and the Program, no representations shall be made or acts taken by any party which could establish or imply any apparent relationship of recipient, joint venture, partnership or employment and no party shall be bound in any mauner whatsoever by any agreements, warranties or representations made by the other parties to any other person nor with respect to any other action of any other party. 26.0 Assignment of Agreement or Grant Funds 26.1 The Recipient shall not assign this Agreement or the Grant Funds or any part thereof without the prior written consent of the Ministry. ~ -!' ' ,. - 12- 27.0 Governing Law 27.1 This Agreement and the rights, obligations and relations of the parties hereto shall be governed by and constmed in accordance with the laws of the Province of Ontario. 28.0 Further Assurances 28.1 The parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 29.0 Circumstances Beyond the Control of Either Party 29.1 No party shall be responsible for damage caused by delay or failure to perform under the terms of this Agreement resulting £rom matters beyond the control of the party including strike, lockout or any other action arising ITom a labour dispute, fire, flood, act of God, war, riot or other insurrection, lawful act of public authority, or delay or default caused by a common carrier which cannot be reasonably foreseen or provided against. 30.0 Survival 30.1 The provisions in articles 7.0 (Accounting and Review), 9.0 (Limitation of Liability), 10.0 (Indenmity), 12.0 (Credit), 14.0 (Inspection), 18.0 (Grant Funding upon Termination) and 19.0 (Grant Funding at end of Fiscal Year or on Expiry of Agreement) shall survive termination or expiry of this Agreement for a period of seven (7) years ITom the date of expiry or termination of this Agreement. The provisions in article 22.0 (Confidentiality) shall survive the termination or expiry of this Agreement. 31.0 Schedules 31.1 The following are the schedules attached to and forming part of this Agreement: (a) Schedule "A" (Funding Payment Schedule) (b) Schedule "B" (Grant Application) (c) Schedule "C" (BiannuallAunual Reporting Forms (Interim and Final) re: Cormnunity Policing and/or Targeted Area Activities) 32.0 Entire Agreement 32.1 This Agreement together with the attached schedules listed in section 31.1 of this Agreement constitutes the entire Agreement between the parties with respect to the subject matter ofthe Agreement and supersedes all prior oral or written representations and Agreements. 32.2 This Agreement may only be modified by a written Agreement duly executed by the parties. ~ ~ " ... -13 - IN WITNESS WHEREOF the parties have executed this Agreement made as of the date first written above. 1fla;:1 -:¡ (0 rø Da HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services ~~ ~ u... Authorized Signatory for the ::Zstry Noreen Alleyne Assistant Deputy Minister (A) Policing Services Division Municipality of Kincardine ~ 17, ;}"'OJo Date per: __D~ "... ~ , v .. ." ",,: 't ,~~ Authorized Signato for the MumCl N-' "~;"~~ ,""=- N 1 ,-... \,40" -... -... '~. <,. - ame: G enn R. Sutton \,- ~ ." ". ':/'~ ':::. \:'....... --:.;...-- Position: Mayor ~ ::=:: :. ." ::: ~===: ß).,f -: '";...~ I,::::;;; -'"- =-.::; \ ~ _ J _ '"_ ~ ~... ~ r-r"\ a ^A vr ~:... ..-- .;;;-.~; Signatory for the M -*J~-~-<~"" ;: John deRosenroll -~,J-0'_\'';':'';':'/ CAO .........¿¿././ù..··· C61~tV C~ Witness toK'inl1é' C 1~'V'1 Print Witness Name · I~S~~ Authorized Name: Position: Kincardine Police Services Board 'l'A{t~ ,;}ök<.ø Date ignatory for the Board A.R. (Sandy) Donald Chair Witnes ,t"'c.. ~lJ 7& Print Witness Name t"!: .',fo - 14- Schedule "A" Attached to and forming part of the Agreement between the Ministry of Community Safety and Correctional Services and Municipality of Kincardine and Kincardine Police Services Board dated the n day of Y\A.~"" , 2006. Allocation 1. The Ministry agrees to cost-share one (1) police officer who has been allocated to the targeted area/court efficiencies as fonows. A B Total ~gory AIIocatieD (C+D) o C lUres...... October 13, 2003 & Mardi 31 2006 o D lUres from April 1,2006 to October 2Ð07 o 1 o o o o Internet 0 o o o o o o 1 o o o o o o T~ 1 o o o 1 2. The Ministry will provide the Grant in accordance with the Program, under the terms of which the Board and Municipality win carry out Community Policing and/or Targeted Area Activities as outlined in the grant application, attached as Schedule "B". 3. In circumstances where the Board and Municipality have hired a new recruit(s) to allow the redeployment of a more experienced officer(s) to the targeted area{s), the Ministry will provide funding for the new recruit(s) and not for the redeployed officer(s). 4. The Grant shall be used by the Board and the Municipality solely for the purposes of enhancing the service's Community Policing and Targeted Area(s) capacity as wen as contributing to court efficiencies, as applicable, and for no other purposes. The Grant shall not be used for purposes related to maintaining the existing complement of police officers, as defIDed by the October 23, 2003 Benchmark complement, self-declared to the Ministry in the grant application, attached as Schedule "B", dne to the assignment of police officers to non-Community Policing and non-Targeted Area Activities. ~ ~, :. j. - 15 - 5. If the Board and the Municipality is a participant in the existing Community Policing Partnerships (CPP) Program, the Municipality and the Board has a legal obligation to maintain the complement numbers for which they have already been funded and for which they continue to receive Ministry funding. Ontario Police College 6. Since admission of New Hires under the Program is being tied to the OPC intake schedule, the Board and Municipality shall ensure that the number of New Hires recruited at the OPC is in accordance with the training schedule provided by the Ministry for the May 2006 and September 2006 classes. Should the training dates prove inconvenient, the Board and Municipality shall obtain £rom the Ministry an extension to defer hiring to a later date to coincide with the OPC intake schedule. 7. In relation to new recruits, the Board and the Municipality shall ensure that the time between the date of hire of new recruits and their entry into the OPC does not exceed 15 days. October 23, 2003 Benchmark 8. The Program will increase the actual total number of sworn officers above the October 23, 2003 figures self-declared to the Ministry. The purpose of this benchmark is to ensure that the Ministry is not paying the salaries of new officers hired to replace officers who have resigned, retired or been terminated. In addition, the Program will not cover civilianization or the hiring of existing officers who increase the complement due to amalgamations. Officers funded through the Program must increase the complement above the combined complement of the amalgamated police service. Use of the Grant Funds 9. The Grant shall be used to cost-share the costs of salaries, overtime and payroll benefits to approximately 50% up to a cap of $35,000 per officer per annum for officers hired under the Program and engaged in full time Community Policing and/or Targeted Area Activities. The Ministry's share of overtime will be 50% to a maximum of $5,000.00. Reporting Requirements 10. In order to receive the first cost-shared payment each fiscal year, to cover the officer(s) salary-related costs incurred from April 151 to September 30111, the Board and the Municipality shall, by October 15111 of each Fiscal Year that the Agreement is in effect, submit an Interim Report, in the form provided in Schedule "C". The Interim Report shall include the following information: (a) the name(s) of the police officer(s) hired under the Program, the date hired, salary paid to date and salary requested (approximately 50%); (b) the name(s) of experienced police officer(s) redeployed to the Targeted Area(s), as applicable; ,. ,:". ~ ... - 16- (c) confirmation that the police officer(s) in the targeted area(s) has received specialized or adequate training, as applicable; (d) the number of sworn officers as of September 30th of each year and the number of sworn officers self-declared as of October 23,2003 to the Ministry as well as the number of sworn officers submitted as of June 15, 2004 to Statistics Canada; (e) confirmation of Community Policing and Targeted Area Activities undertaken by the police officer(s) under the Program, as applicable; and (f) contribution to justice sector efficiencies, specifically efficiencies affecting the court system, as applicable. 11. In order to receive the final cost-shared payment each fiscal year, to cover the officer(s) salary-related costs incurred £rom October 1st to March 31st, the Board and the Municipality shall, by March 15th of each Fiscal Year that the Agreement is in effect, submit an Annual Report, in the form provided in Schedule "C". The Annual Report shall include the following information: (a) the name(s) of the police officer(s) hired under the Program, the date hired, salary paid to date, salary requested (approximately 50%), overtime (actual) and overtime requested (50%) and total number of officers funded by the Program; (b) the name(s) of experienced police officer(s) redeployed to the Targeted Area(s), as applicable; (c) confirmation that the police officer(s) in the targeted area(s) has received specialized or adequate training, as applicable; (d) the name(s) of existing police officer(s), overtime rate, total overtime hours (actual), overtime requested (50%); (e) the number of sworn officers as of March 15th and the number ofsworn officers self- declared as of October 23, 2003 to the Ministry as well as the number of sworn officers submitted as of June 15, 2004 to Statistics Canada; . (f) confirmation ofCormnunity Policing and Targeted Area Activities undertaken by the police officer(s) under the Program, as applicable; and (g) contribution to justice sector efficiencies, specifically efficiencies affecting the court system, as applicable. Payment Schedule 12. The Ministry will reimburse the Board and the Municipality bi-aunually subject to the Ministry receiving and approving the interim and aunual Program reports. Overtime will be paid aunually after the Program's Annual Report, in the form provided in Schedule "C", is received and approved by the Ministry. .. ": .~,. - 17- 13. The Board and the Municipality may be required tò provide such further or additional information as the Ministry, acting reasonably, deems appropriate in approving the Program's Interim and Aunual reports. 14. Approval of the Interim and Aunual reports is at the sole discretion of the Ministry. Return of Unused Funds 15. The Board and Municipality shall return to the Ministry any balance of the Grant that is not spent in accordance with this Agreement. Ministry Representative 16. The Ministry Representative for the Program is: Eve Roknic Manager (A), Program Development Section Police Support Services Branch Policing Services Division Ministry of Community Safety and Correctional Services 25 Grosvenor Street, 12th Floor Toronto ON M7 A 2H3 "": ~......_,~_.",,,.--.,,,..,.,. -"~ .~-"-I. ? ~,~ ~ ,. Please complete (type or print) all sections of this form. Schedule B , Safer Communities- 1~~nershiP Program APPLICA TION ® APPLICANT INFORMATION Name of Police Service: Name and Title of Contact: South Bruce O.P.P. Sgt. Marilyn Stewart, Operations Manager Police Service Address: (StreetlCityfTownlPostal Telephone No.: 519-396-3341 Code) Facsimile No.: 519-396-4526 Box 40 1808 Hwy #21, Kincardine, Ontario N2Z2Y6 Name of Town, Municipality or Regional Municipality Name and Title of Contact: or Band Council: Mayor Glen Sutton Municipality of Kincardine Town, Municipality or Regional Municipality's or Band Telephone No.: 519 - 396 - 3468 Council's Address: (StreetlCityfTown/Postal Code) Name of Police Services Board or First Nations Name and Title of Contact: Commission: Kincardine Pollee Services Board Chair Sandy Donald Police Services Board or First Nations Commission Telephone No.: 519 - 396 3468 Address: (StreetlCityfTown/Postal Code) 1475 Concesssion 5, R.R. 5, Kincardine, Ontario Facsimile No.: N2Z 2X6 PROFILE OF POLICE SERVICE Number of sworn officers as of October 23, 2003 (i.e. actual uniform strength): 15 Number of sworn officers as of the date of this application: 15 Population of area policed: 12,000 Geographic description of area served by your police service (Please reference townships, urban areas, no. of communities, etc.): Urban Town of Kincardine, Rural Townships of Kincardine and Bruce, Villages of North Bruce, Underwood, Tiverton, Invehuron, Armow Has this area been affected by an amalgamation since Yes 0 October 2003? No X If yes, please give details of police services/municipalities/band councils affected as well as the date of the amalgamation: N/A 8/1212005 Page 1 016 ~ ç"~ PROJECT INFORMATION AND DESCRIPTION . Indicate number of proposed officers to be deployed to community policing and number of officers deployed to the six targeted high priority areas. 1. Community Policing 2. Youth Crime 3. Guns and gangs 4. Organized Crime (marijuana grow ops) 1 5. Dangerous Offenders Domestic Violence 6. 7. Protecting Children from Intemet luring and child pomography Total Number of Proposed New Officers Requested Under the Pro ram sum of 1 to Note: Officers hired between October 23,2003 and March 31, 2006 are eligible for funding effective May 18, 2005. Column B is the sum of columns C and D. The program will fund only net new officers and not those hired to replace officers who have resigned, retired or been tenninated. 1 The following eligibility criteria will be used to assess proposals: .,( Increased complement over the October 2003 benchmark. .,( Provision of crime prevention and community policing initiatives. .,( Demonstrated service gap in relation to the designated initiatives. .,( Officers will receive specialized training in the targeted area. .,( Officers may be dedicated to one or more of the areas, as appropriate. ,( A projection of enforcement activities and results in the high priority areas. ,( Activities to promote public awareness about crime prevention and any of the other targeted areas, as appropriate. ,( Contribution to justice sector efficiencies, specifically efficiencies affecting the court system. Explain your goals and objectives as they relate to the eligibility criteria of the program (if required, use additional paper and attach to the application): . To increase the detachment complement by one full time officer position . Dedicate this position to full time Crime PreventionlYouth CrimelCommunity Policing initiatives 912012005 Page 2 of 6 ~ . '?-~ · Enhance the present Community Service Officer for schools and to expand Crime Prevention programs and police presence, thus increase interaction with youths. · The selected officer for this position will receive specific training in relation to effective presentation, relationship building, crime prevention, and youth initiatives. · Have officer dedicated to reducing and preventing youth crime and establishing relationships with local students at the schools during school term. · Officer will spend the majority of their time as appropriate between two high schools. In addition the officer will do initiatives and build relationships in elementary schools. · Officer will be assigned full time youth crimelcommunity policing initiatives within the municipality during summer months such as directed patrols of school grounds, skateboard parks, playgrounds, youth centers and other areas where youth frequent. · Officer will design and present substance abuse presentations to be offered to the public (parents and youth) with advertisement through local newspapers, radio stations and flyers at least twice per year. · Officer will deal with youth crime at the high schools at a local level, and issue appropriate alternative measures through consultation with all stakeholders such as the school administration, parents, and victims thereby increasing court system efficiency and avoiding costly court appearances by police, witnesses and victims · Officer presence in school will initially act as a deterrent, thereby reducing the number of criminal incidents and costly police response by being present during school hours and available for consultation. · Long-term results of officer presence will be relationship building and an open door policy so that students can discuss problems and difficulties they are having before they escalate to criminal offences. This will therefore avoid the costs associated with a criminal investigation/prosecution. · Address Crime Prevention through presentations to the school body and being an active member of the school. · In light of a spike in the use of crystal meth this officer will increase awareness among youth to the dangers associated to drug use. He will also be used as a resource in the investigation of drug offences that are schoollyouth related. Provide a concise description outlining the proposed activities to be undertaken and how they meet the eligibility criteria (if required, use additional paper and attach to the application): · Guaranteed officer presence within the school during school hours. Officer presence will act as a deterrent. As relationships are built, crime prevention will be realized. · A permanent extended service office will be established within the schools for the officer to enhance presence and encourage the youth of the school to establish contacts with the officer. This will build solid lifelong relationships between the community and police. · The officer will be introduced to the school bodies through an introduction letter outlining the officers experience, goals etc. and encouraging an open door policy and willingness to work with everyone at the school to develop and safer, more conductive atmosphere to learn in. 912012005 Page 3 of 6 . .' ,.~. · Do regular foot patrols each and every day within the schools especially during lunch hour and between classes. · Do vehicle patrols in and around the school properties, and foot/vehicle patrols In known areas where students congregate away from the school to prevent criminal activity from takIng place. · Establish a friendly but firm rapport with the students. · Develop presentations on drug abuse/awareness (specifically on methamphetamine), impaired driving and any other preventative programs established in consultation with school staff on current or local issues. · To be available to speak and meet with school administration and/or parents on any issues that may be identified and fall within the eligibility criteria. · Deal with any and all Incidents relating to the schools and apply community policing strategIes and alternative measures consequences whenever appropriate to reduce regular police response and alleviate costly court appearances. · Officer will also take enforcement action whenever appropriate in relation to criminal behavior where altemative measures are not applicable. · Officer will attend regional/provincial trainIng sessions and courses on being an effective youth/school officer as available. · The key to prevention is education. To assist with Youth Crime Prevention and Community POlicIng Initiatives as well as Internet Luring the officer will design and present a presentation on RecognIzing Substance Abuse and Internet Safety (Luring/MSN/ chat lineslfraud etc) to be offered to the public (youth and parents) twice a year. To be advertised through local radio, newspapers and flyers. · During summer months when school is not in session, officer will continue to focus full time on local youth issues. Such as petty thefts, mischiefs, loitering and drug offences. · Officer will work flexible hours during the summer months using cruisers, bikes and A TVs to conduct regular patrols and visits to known congregation areas, bike paths, skateboard parks, youth drop in centers and regular foot patrol in the downtown area focusing specifically on youth and community policing issues. · During the 2003104 school year this detachment dealt with 110 reported criminal incidents at the local high schools such as drugs, assaults, intimidation, threatening, dangerous driving, theft, mischief and weapons. It is this detachments strategy to reduce these criminal occurrences in our schools through proactive youth crime initiatives and community policing activities through a direct presence in the school. It is anticipated that the officer's presence may increase the reportIng of incidents, due to the ease of reporting, but this will eventually reduce significantly the overall occurrences in the schools. · Officer presence will positively influence student behaviour and thus support the school administration to promote a better learning environment. · The office can assist the school administration by providing advice and resources in developing and planning for emergency situations. · 912012005 Page 4 of 6 ·1 ...:-"'~. Service gap identification. Outline how the funding will enable your police service to provide enhanced (additional) services to your community and achieve your results (if required, use additional paper and attach to the application): · Currently this detachment has one community service officer that services 22 elementary and secondary schools within the detachment area. · As a result, any youth crime prevention/community policing activities and presentatiOns are conducted only when requested on a re-aclive basis due to the sheer volume of requests. This same officer is responsible for all media inquiries. press releases on a daily basis. and all presentation/appearance/display requests that come from the public. · Prior to OPP cfustering of detachments in the 1990's, two officers filled this CSO position. The 2 positions were reduced to one during this clustering. Since that time this detachment has amalgamated with two municipal police services and this CSO position has assumed CSO duties in both of those municipalities as well. · Currently this position does not allow for pro-active activities in these areas. · A school officer dedicated to youth crimelcommunity policing issues specific to the high schools will not only enhance our effectiveness in dealing with these issues in this municipality, but also allow for the current CSO officer to conduct some proactive prevention programs/presentations with the remaining schools within the municipality. In whole. this will promote a safer Ontario community by addressing our youth issues and promoting community policing. · . Over the long term this program will allow for the reallocation of investigative abilities from school related occurrences to other much needed areas. Police ChieflOPP Commissioner: (Please Print) Name of Police Service: AI Inspector Paul HOLMES Ontario Provincial Pollee, South Bruce Detachment ......ccn__ Signatt~ ,,/ ;~.r" Date: ;};) Sef'o.:> . Chair: (Please Print) Name of Police Services Board/First Nations Commission: Mr. Sandy DONALD Kincardine Police Services Board Date: á{f-- /" '" ,-. t' ,~. ,j('''' a..ð'_...:.-' 'ii!;q~,ry) ..", ¡...1n ..,- .~ ....)c."'¥"r~x'~~ i¡ Municipality/Band Council~ Name of Municipality/Band Council: Municipality of Kincardine Date: :>pP¡-. L'-, 3cDS'. Mr. Glen SUTTON Signature: ß1R......A. ~ 912012005 Page 5016 , r-{ -- ~ I I All information held by the Ministry of Community Safety and Correctional Services may be subject to release, pursuant to the Freedom of Information and Protection of Privacy Act. 912012005 Page 6 of 6 '. "'~ Ontario SCHEDULE"C" SAFER COMMUNITIES -1,000 OFFICERS PARTNERSHIP PROGRAM SEPTEMBER 30TH INTERIM REPORT MARCH 31ST ANNUAL (FINAL) REPORT Attached to and forming part of the Agreement between the Ministry of Community Safety and Correctional Services and·~øf~8J1d··~PoIIce~.£IoanI dated the day of , 2006. PlEASE REMIT NO LATER THAN MARCH 15TH TO THE ATTEHTtoN OF: Propram DeveIopneri SectIon, PoIk:ing Services Division 25 Grosvenor Street. 12th Floor. Toronto ON M7A 2H3 For more Irformatlon: Community Safely AnlIySt. Tel: (41') '1403081 or Grant OffIcer. T": (41') 314-0201 Fax: (41.) 314-3012 ALL BOXES MUST BE COMPlETED. PLEASE PRINT, -REFER TO GUIDELINES AND REPORT SAMPLE" Police Servlce/OPP Detachment: If OPP, COntract Location Municipality: MrJMrsMs. .... Nome .... Name Ro_ Contact Person: Telephone NumÞer ....-- ... F.._ ....-- ....... 00 not use brac$ets, COfM'BS, hyphens Complete MaiNng address (Police Service): (La. R.R. #. Emergency Lot #, Street No. & Name, P. O. Box #. City. Postal Code) Street Address city Province; Postal Code Name at Chief at Police/Detachment Commander: o Same as above FIrstHame La$!: Name TItle Ro'" T.~Number Area Code ... Fax N.-nber ....C_ ....... Do not use brackets. c:onmas. hyphens Address of Chief of PoIlcelDelachment Comma'-: D Same as above S_I Address City Province: Postal Code Ran"'TI._11on PrInt Name Dat.. NIImberof S""," OfIIcers as of March 15. 200_: Number of Sworn 0fIIcen¡ os of September 30. 200_: Number of Sworn OfIIcers as of October 23. 2003: Number of Sworn Off...,. as of June 15.2004: Population Served: _.....) See _ Excel shee' Page 1 '. " . Cw) Ontario SCHEDULE "C" SAFER COMMUNITIES -1,000 OFFICERS PARTNERSHIP PROGRAM SEPTEMBER 30TH INTERIM REPORT MARCH 31ST ANNUAL (FINAL) REPORT PLEASE PRINT "REFER TO GUIDELINES" . SECTION 0 - AREA OF DEPLOYMENT t " r" 1 "1 r! II , ) I" J l' " t , ~'E r ...!.. C,'C ~ ...!.---w . . ,,- " ~'" I . t~~ ' I , L~' . ~ , . ,. 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ConwnunIIy Patrols (foot. bicycle. cru..... _rfne) 2. WottIng with SchOOls and Youth .schoOUyouth outreach programs. retpOndlng to )'OUth 1811(1 and 'IIotence) 3. Enhanced Traffic Enforcement (high coIItslon IntefHCtions, CItIzen conrpIBlnt IDOnIIS. communiIy SIfety zones) . Drug and Street Crtme Enforcement (street level drug .ñ.è.IIMIIlt, HEAT....... ....k and enter task force. Other lal Programs thIt emonstrate Incr&IIMd ......... --- Page 4 t. J,¡,. ~ (W) Ontario SCHEDULE "C" SAFER COMMUNITIES -1,000 OFFICERS PARTNERSHIP PROGRAM SEPTEMBER 30TH INTERIM REPORT MARCH 31ST ANNUAL (FINAL) REPORT COMPLETE BOXes. AS APPLICABlE. PLEASE PRINT, -REFER TO GUIDELINES"' 1. Youth Crime 2. Guns one! Gangs 3. Orglnlzed Crime and Ma'Uulna Gr_ Ops 4. Dangeroul OfIandera 5. Domestic Violence 6. Protactlng Chlldran from Internet Luring one! Child Pronography Page 5 . ., t- J>, ~ ! c:I o It: ø. ø. X U) It: W Z .... la~ o(..w ø.w" ..- ~:&~ W ii!_ (.)~"=- _õiE;¡/ 11-",::> ~ ~ ~ 0...... 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