HomeMy WebLinkAbout10 073 1000 Officers Partnership Program Agreement Renewal By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KB7
uraeK
BY -LAW
NO. 2010 - 073
BEING A BY -LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE
MUNICIPALITY OF KINCARDINE AND HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY
SAFETY AND CORRECTIONAL SERVICES INREGARDS TO THE SAFER
COMMUNITIES- 1000 OFFICERS PARTNERSHIP PROGRAM
• WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
Section 8 (1) and 9 provide that the powers of a municipality under this 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 has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS with the adoption of By -law No. 2005 — 018, The Corporation of
the Municipality of Kincardine entered into an agreement with the Minister of
Community Safety and Correctional Services (the "Minister ") for the provision of
Police Services, pursuant to Sections 4, 5 and 10 of the Police Services Act,
R.S.O. 1990, c. P. 15, as amended;
AND WHEREAS with the adoption of By -law No. 2006 — 024, The Corporation of
the Municipality of Kincardine entered into an agreement with the Minister of
Community Safety and Correctional Services (the "Minister ") for the hiring of an
additional constable under the Province of Ontario's Safer Communities — 1,000
Officers Partnership Program for the term January 1, 2006 to March 31, 2008;
• which was added as an addendum to the original agreement for the provision of
police services;
AND WHEREAS this agreement was renewed, with the passage of By -law No.
2008 — 070, for a 2 year term from April 1, 2009 to March 31, 2010;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to renew its current agreement with the Minister of
Community Safety and Correctional Services for the purpose of maintaining the
increased number of sworn officers of the OPP South Bruce (Kincardine) for
enhanced police visibility;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the agreement between the Municipality of Kincardine and the Minister
of Community Safety and Correctional Services, for the purposes of
maintaining the increased number of sworn officers of the OPP South Bruce
• (Kincardine) for enhanced police visibility, be hereby renewed.
.../2
Page 2
1000 Officer Partnership Program Agreement Renewal By -law
By -law No. 2010 - 073
• 2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, any and all documents required to renew the
agreement with the Ministry of Community and Correctional Services
attached hereto as Schedule "A" and to affix the corporate seal.
•
3. This By -law shall come into full force and effect upon receipt of a duly signed
copy of the agreement with the Minister of Community Safety and
Correctional Services for the Province of Ontario.
4. This By -law may be cited as the "1000 Officers Partnership Program
Agreement Renewal By -law ".
READ a FIRST and SECOND TIME this 19 day of May, 2010.
�9yyor Cler
READ a THIRD TIME and FINALLY PASSED this 19 day of May, 2010.
Df
Clerk
•
By -CerLaw tified No to be a true and
PasBed,
complete copy of
by Council of The Corporation
i
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
K T _ of the the Municipality of Kincardine
, on the ��' day_ of
1. U :=f,
' " `
® Melanie Hogeveen
Deputy Clerk
Municipality os Kincardine V
BY-LAW
Date
NO. 2010 - 073
BEING A BY -LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE
MUNICIPALITY OF KINCARDINE AND HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY
SAFETY AND CORRECTIONAL SERVICES INREGARDS TO THE SAFER
COMMUNITIES- 1000 OFFICERS PARTNERSHIP PROGRAM
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
Section 8 (1) and 9 provide that the powers of a municipality under this 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 has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS with the adoption of By -law No. 2005 — 018, The Corporation of
the Municipality of Kincardine entered into an agreement with the Minister of
Community Safety and Correctional Services (the "Minister ") for the provision of
Police Services, pursuant to Sections 4, 5 and 10 of the Police Services Act,
R.S.O. 1990, c. P. 15, as amended;
AND WHEREAS with the adoption of By -law No. 2006 — 024, The Corporation of
the Municipality of Kincardine entered into an agreement with the Minister of
Community Safety and Correctional Services (the "Minister ") for the hiring of an
additional constable under the Province of Ontario's Safer Communities — 1,000
Officers Partnership Program for the term January 1, 2006 to March 31, 2008;
which was added as an addendum to the original agreement for the provision of
police services;
AND WHEREAS this agreement was renewed, with the passage of By -law No.
2008 — 070, for a 2 year term from April 1, 2009 to March 31, 2010;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to renew its current agreement with the Minister of
Community Safety and Correctional Services for the purpose of maintaining the
increased number of sworn officers of the OPP South Bruce (Kincardine) for
enhanced police visibility;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the agreement between the Municipality of Kincardine and the Minister
of Community Safety and Correctional— Services, for the—purposes of
maintaining the increased number of sworn officers of the OPP South Bruce
(Kincardine) for enhanced police visibility, be hereby renewed.
.../2
Page 2
1000 Officer Partnership Program Agreement Renewal By -law
By -law No. 2010 - 073
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, any and all documents required to renew the
agreement with the Ministry of Community and Correctional Services
attached hereto as Schedule "A" and to affix the corporate seal.
3. This By -law shall come into full force and effect upon receipt of a duly signed
copy of the agreement with the Minister of Community Safety and
Correctional Services for the Province of Ontario.
4. This By -law may cited as the "1000 Officers Partnership Program
Agreement Renewal By -law ".
READ a FIRST and SECOND TIME this 19 day of May, 2010.
•
-yor Cler
READ a THIRD TIME and FINALLY PASSED this 19 day of May, 2010.
• r Cler
-
THIS AGREEMENT made as of the ? L-, day of 1-- y , 2010.
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 from October 23, 2003, the beginning of the Ontario Government's mandate,
to enhance community policing and the six - targeted areas identified by the government 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 wishes to continue to fund the Board by granting funds to the
Municipality for _ th- e_ p-_ urp -ose_of_mai-ntaining_the_ increased - numbe -r_of_ sworn - officers -of th- e - QP_P
South Bruce (Kincardine) for enhanced police visibility;
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:
-2-
1.0 Definitions
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 from April 1 in the year the Grant Funds were provided
and until the following March 31
(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;
2.0 Term of the Agreement
2.1 The Agreement shall commence on April 1, 2010 and shall expire on March 31, 2012
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.
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, may 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- -m- et and the Municipal - Council - has - a - municip - al - by=law or - resolution
authorizing the Municipality to enter into this Agreement with the Ministry.
-3-
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 shall be entitled, at any time, to impose 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 tern and conditions on
any consent granted pursuant to this Agreement.
5.2 It is the Municipality and the Board's responsibility to advise the Ministry of any changes
in circumstances that may impact on their eligibility for Grant Funds under the Program,
including, but not limited to, the termination or expiry of a Municipality's contract for
policing services with the Ontario Provincial Police, pursuant to section 10 of the Police
Services Act.
5.3 As a condition to receiving Grant Funds under the Program, a Municipality which has
contracted for policing services with the Ontario Provincial Police pursuant to section 10
of the Police Services Act shall sign an amending agreement to address the change in
service levels resulting from the addition of officers under the Program, in the format
provided by the Ontario Provincial Police.
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 manner 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 from 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 manner consistent with all applicable laws; and
(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,
-4-
invoices and other financially- 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.
10.0 Indemnity
10.1 The Municipality and the Board shall indemnify the Ministry, its officers, employees and
agents from 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 ar, officer, employee ,_oragent_o_f_ 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
-5-
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) Employer's Liability and Voluntary Compensation or WSIB coverage, as
applicable;
(e) Non -Owned automobile coverage with blanket contractual and physical damage
coverage for Hired Automobiles; and
(f) A thirty (30) day written notice of cancellation.
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 all
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.
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 final 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
-6-
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
15.1 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 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 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:
(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;
- T -
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 completely remedy the breach within that time or such further
period of time as the Ministry considers reasonable, or the Municipality or
the Board are 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
(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_Agreernentlzy giving_
notice of termination 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.
-8
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 from the Municipality and the Board the payment of funds equal to those
improperly used by the Municipality or the Board.
18.4 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 shall pay the amount to the Ministry
immediately unless the Ministry directs otherwise.
18.5 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.
18.6 The Municipality and the Board shall repay the amount demanded by cheque payable to
the "Minister of Finance" and mailed 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 duringihe_term of this_Agre_ement_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.
-9-
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 shall constitute one and the same
instrument.
21.0 Notices
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 shall later designate to the other in writing. All notices shall be addressed as
follows:
To the Ministry: To the Municipality:
Ministry of Community Safety and Municipality of Kincardine
Correctional Services Address:
25 Grosvenor Street, 12` Floor 1475 Concession Road #5
Toronto ON M7A 2H3 R.R. 5
Kincardine ON N2Z 2X6
Attention: Eve Roknic, Manager (A)
Program Development Section Attention: Mayor Larry Kraemer
External Relations Branch His Worship
Public Safety Division
Fax: (519) 396 -4526
Fax: (416) 314 -3092 Telephone: (519) 396 -3468
Telephone: (416) 314 -3074
To the Board:
Kincardine Police Services Board
Address:
1475 Concession Road #5
R.R. 5
-10-
Kincardine ON N2Z 2X6
Attention: Chair Robert Wilson
Mr.
Fax: (519) 396- 4526(519) 396 -4526
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 mail when the notice is sent by certified
or registered or postage prepaid mail.
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 shall 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 All 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 fan _y _failur -e_to _comply_with_an_y_ term -o-f- 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
-11-
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 manner
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.
27.0 Governing Law
27.1 This Agreement and the rights, obligations and relations of the parties hereto shall be
governed by and construed 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 from matters beyond the control of the party including
strike, lockout or any other action arising from 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), 9.0 (Limitation of Liability), 10.0
(Indemnity), 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 from 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" (Biannual /Annual Reporting Forms (Interim and Final) re:
Community Policing and /or Targeted Area Activities)
-12-
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 of the 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.
IN WITNESS WHEREOF the parties have executed this Agreement made as of the
date first written above.
•
-13
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO as represented by the Minister
of Community Safety and Correctional Services
L I per:
Date Authorized Signatory for the Ministry
Stephen Waldie, Director
External Relations Branch
Public Safety Division
Municipality of Kincardine
per:
-
Date Autho zl e. Sig 1 ery for the Municipality
Name: Mayor Larry Kraemer
Position: His Worship
arQ.SACOULIQ, C\-\ZOffia-r)
Witness \(- 1.
5-
E LI Sl a ► Y 4tr_ Ng)
c- 110s- lime°. * de X11 -
Print Witness Na jfi�" ���� Preis SlYdn\L-c (4
Kincardine Police Services Board
per:
H eky , e a
Date Auth ized Signatory for the Board
Name: Chair Robert Wilson
Position: Mr.
i
Witn:.�
RI ..‘Qc_A b e r
Print Witness Name
- 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 'Zc day of 1"\ck y , 2010.
Allocation
1. The Ministry agrees to cost -share 1 police officer(s) of which 0 has been allocated to
community policing and 1 to the targeted areas /court efficiencies as follows.
A
Total Hires Between Hires from
October 23, April 1, 2006
Category Allocation 2003 & March to October
(C + D) 31, 2006 2007
Community Policing 0 _ 0 0
Targeted Areas:
Youth Crime 1 0 1
Guns and Gangs 0 0 0
Organized Crime (marijuana grow ops.) 0 0 0
Dangerous Offenders 0 0 0
Domestic Violence 0 0 0
Protecting Children from Internet 0 0 0
Luring and Child Pornography
Court Efficiencies 0 0 0
Total 1 0 1
2. The Ministry will provide the Grant in accordance with the Program, under the terms of
which the Board and Municipality will carry out Community Policing and /or Targeted Area
Activities as outlined in the grant application, attached as Schedule `B ".
3. 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 well 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 defined by the October 23, 2003 Benchmark complement, self - declared to the
Ministry in the grant application, attached as Schedule "B ", due to the assignment of
police officers to non - Community Policing and non - Targeted Area Activities.
4. If theme _oard 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.
October 23, 2003 Benchmark
-15-
5. 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
6. The Grant shall be used to cost -share the costs of salaries, overtime and payroll benefits to
approximately 50% up to a cap of $35,000.00 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
7. In order to receive the first cost - shared payment each fiscal year, to cover the officer(s)
salary - related costs incurred from April 1st to September 30 the Board and the Municipality
shall, by October 15 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 insert %);
(b) confirmation that the police officer(s) in the targeted area(s) has received specialized
or adequate training, as applicable;
(c) the number of sworn officers as of September 30 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;
(d) confirmation of Community Policing and Targeted Area Activities undertaken by the
police officer(s) under the Program, as applicable; and
(e) contribution to justice sector efficiencies, specifically efficiencies affecting the court
system, as applicable.
8. In order to receive the final cost - shared payment each fiscal year, to cover the officer(s)
salary - related costs incurred from October 1 to March 31st, the Board and the Municipality
shall, by March 15 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 insert %), overtime (actual) and
overtime requested (50 %) and total number of officers funded by the Program;
(b) confirmation that the police officer(s) in the targeted area(s) has received specialized
or adequate training, as applicable;
-16-
(c) the name(s) of existing police officer(s), overtime rate, total overtime hours (actual),
overtime requested (50 %);
(d) the number of sworn officers as of March 15 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.
Payment Schedule
9. The Ministry will reimburse the Board and the Municipality bi- annually subject to the
Ministry receiving and approving the interim and annual Program reports. Overtime will be
paid annually after the Program's Annual Report, in the form provided in Schedule "C ", is
received and approved by the Ministry.
10. The Board and the Municipality may be required to provide such further or additional
information as the Ministry, acting reasonably, deems appropriate in approving the
Program's Interim and Annual reports.
11. Approval of the Interim and Annual reports is at the sole discretion of the Ministry.
Return of Unused Funds
12. 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
13. The Ministry Representative for the Program is:
Oscar Mosquera, Manager
Program Development Section
External Relations Branch
Public Safety Division
Ministry of Community Safety and Correctional Services
25 Grosvenor Street, 12th Floor
Toronto ON M7A 2H3