HomeMy WebLinkAbout14 007 O.P.P. Services Amending Agreement (2014) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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N'°'mLITY OF ■1,
BY -LAW
NO. 2014 - 007
BEING A BY -LAW TO AMEND BY -LAW NO. 2009 -098; BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT
WITH THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL
SERVICES FOR THE PROVISION OF POLICE SERVICES WITHIN THE
MUNICIPALITY OF KINCARDINE
• WHEREAS Section 4 (1) of the Police Services Act, R.S.O. 1990, c. P.15 as
amended, states that a municipality is required to provide adequate and effective
police services in accordance with its needs;
AND WHEREAS Section 5 of the said Police Act provides that a Council may
enter into an agreement with the Solicitor General, under Section 10 of the Act,
for the provision of police services;
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 the powers assigned to the Solicitor General in law, including
those set out in the Police Services Act, have been transferred to the Minister of
• Community Safety and Correctional Services, pursuant to Order -in- Council
1708/2003;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to amend By -law No. 2009 -098 which is an Agreement with
the Minister of Community Safety and Correctional Services, for the provision of
police services for the Municipality of Kincardine; provided be the Ontario
Provincial Police;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
Amending Agreement with the Minister of Community Safety and Correctional
Services for the provision of police services within the Municipality; by the
Ontario Provincial Police.
2. That the Mayor and CAO be authorized and directed to execute, on behalf of
The Corporation of the Municipality of Kincardine, the Amending Agreement
• with the Minister of Community Safety and Correctional Services, attached
hereto as Schedule "A" and forming part of this By -law.
.../2
Page 2
O.P.P. Services Amending Agreement (2014) By -law
By -law No. 2014 - 007
3. That this By -law shall come into full force and effect upon receipt of a duly
signed copy of an agreement with the Minister of Community Safety and
• Correctional Services.
4. This By -law may be cited as the "O.P.P. Services Amending Agreement
(2014) By -law ".
READ a FIRST and SECOND TIME this 15 day of January, 2014.
READ a THIRD TIME and FINALLY PASSED this 15 day of January, 2014.
EP
a Mayor Clerk
•
•
0
This is Schedule ".A." " to By - Law
No2 passed the /6 day
of ��uorc� �OIt
This AMENDING AGREEMENT, made in four (4) originally executed copies, is from
the 1 day of May, 2014 to the 31 day of December 2014
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by
THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL
SERVICES
( "Ontario ")
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
( "the Municipality ")
BACKGROUND
A. The Parties entered into the Agreement for the provision of Police Services under
Section 10 of the Police Services Act (the "Agreement ") which commenced on the
1 day of May, 2009.
B. The Agreement includes all the Schedules and Appendices to the Agreement.
C. Pursuant to Section 32, the Parties may amend the Agreement by written
agreement.
D. The Parties wish to amend the Agreement as set out in this Amending Agreement,
by extending the duration of the contract to conclude on the 31 day of December
2014 as supported by Bylaw # 3,01 001 - 2019 dated, the 15 day of
0.0 r 20 1 of the Council of the Corporation of the Municipality of
Kincardine, ttached as Schedule "A -2 ").
NOW THEREFORE, the Parties agree as follows:
1. Section 29 of the Agreement shall be replaced with the following:
29. Notwithstanding the date upon which this Agreement is signed, the term
of this Agreement shall commence on the 1 day of May, 2009 and shall
conclude on the 31 day of December, 2014.
Relevant terms and conditions of the Agreement, that are not specifically amended but
that relate to the amendments set out in this Amending Agreement shall be deemed to be
amended so as to give effect to the changes herein.
Except for the amendments set out herein, the terms and conditions of the Agreement
remain in full force and effect and time shall remain of the essence.
Notwithstanding the date upon which this Amending Agreement is signed, this
Amending Agreement is effective from the 1 day of May, 2014 to the 31 day of
December, 2014.
FOR ONTARIO
The Minister of Communi Safety and
Correctional Services
FOR THE MUNICIPALITY
Mayor
Clcrk CAC
Date signed by the Municipality: 011151t L+
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
d2,4" k B T y _ \ Certified to be a true and
complete copy of
- �--,. T ' By -Law No. IH -C,01 passed
�y, by the Council of The Corporation
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'� E� a
,m0 Y�AlIlYOF K1flCP��� °
of the Municipality of Kincardine
on the 1 day of
BY-LAW , a:pH_ .
Jenn' er Law ie, pputy Clerk
Munici ality of Kincardine J
NO. 2014 - 007
Date anuo 2 2Ol(1
BEING A BY -LAW TO AMEND BY -LAW NO. 2009 -098; BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT
WITH THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL
SERVICES FOR THE PROVISION OF POLICE SERVICES WITHIN THE
MUNICIPALITY OF KINCARDINE
WHEREAS Section 4 (1) of the Police Services Act, R.S.O. 1990, c. P.15 as
amended, states that a municipality is required to provide adequate and effective
police services in accordance with its needs;
AND WHEREAS Section 5 of the said Police Act provides that a Council may
enter into an agreement with the Solicitor General, under Section 10 of the Act,
for the provision of police services;
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 the powers assigned to the Solicitor General in law, including
those set out in the Police Services Act, have been transferred to the Minister of
Community Safety and Correctional Services, pursuant to Order -in- Council
1708/2003;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to amend By -law No. 2009 -098 which is an Agreement with
the Minister of Community Safety and Correctional Services, for the provision of
police services for the Municipality of Kincardine; provided be the Ontario
Provincial Police;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
Amending Agreement with the Minister of Community Safety and Correctional
Services for the provision of police services within the Municipality; by the
Ontario Provincial Police.
2. That the Mayor and CAO be authorized and directed to execute, on behalf of
The Corporation of the Municipality of Kincardine, the Amending Agreement
with the Minister of Community Safety and Correctional Services, attached
hereto as Schedule "A” and forming part of this By -law.
.../2
Page 2
O.P.P. Services Amending Agreement (2014) By -law
By -law No. 2014 - 007
3. That this By -law shall come into full force and effect upon receipt of a duly
signed copy of an agreement with the Minister of Community Safety and
Correctional Services.
4. This By -law may be cited as the "O.P.P. Services Amending Agreement
(2014) By -law ".
READ a FIRST and SECOND TIME this 15 day of January, 2014.
READ a THIRD TIME and FINALLY PASSED this 15 day of January, 2014.
Q
a Mayor Clerk