HomeMy WebLinkAbout16 078 1000 Officers Partnership Program Agreement Amendment (2016) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ded KBTy 0. Tee e "�'1iciyutt of xiec� BY-LAW NO. 2016 - 078 BEING A BY -LAW TO AMEND BY -LAW NO. 2014 -077; 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 the Council of the The Corporation of the Municipality of Kincardine passed By -law No. 2014 -077, "1000 Officers Partnership Program Agreement (2014) By -law', on May 21, 2014; AND WHEREAS the Council deems it advisable to amend By -law No. 2014 -077 to continue the program for the period commencing April 1, 2016 and ending March 31, 2017; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: • 1. That the Municipality of Kincardine enter into an amending agreement with 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 amended. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, any and all documents required to amend the agreement with the Ministry of Community and Correctional Services attached hereto as Schedule "A ". 3. This by -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "1000 Officers Partnership Program Agreement Amendment (2016) By -law ". READ a FIRST and SECOND TIME this 15th day of June, 2016. READ a THIRD TIME and FINALLY PASSED this 15th day of June, 2016. Mayor Clerk • • THIS AMENDING AGREEMENT effective as of the 30 day of March, 2016. This is Schedule "a " to By -Law BETWEEN: No. - off passed the %S day of ►r1" 20 I Co 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 "Recipient ") - and - Kincardine Police Services Board (the "Board ") WHEREAS in 2003, the Ministry established the Safer Communities -1,000 Officers Partnership (i,000 Officers) Program (the "Program ") as part of the government's commitment to make Ontario communities safer by enhancing police visibility; AND WHEREAS in order to provide funds for the Program for the period that commenced April 1, 2014 and ends March 31, 2016, the Ministry entered into an agreement with the Recipient and the Board (the "Agreement "); AND WHEREAS the Ministry wishes to continue to provide Program funds to the Recipient and the Board for the period commencing April 1, 2016 and ending March 31, 2017; AND WHEREAS the parties wish to amend the Agreement for this purpose; 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 are expressly acknowledged, the Parties agree as follows: ARTICLE 1- AMENDMENTS TO THE AGREEMENT 1.1 In accordance with section 34.2 of the Agreement, the parties agree to amend the Agreement is as follows: (a) Section 1.2 Definition of Funding Year is hereby deleted and replaced with the following: "Funding Year" means any of Funding Year 1, Funding Year 2 or Funding year 3. (b) Section 1.2 Definition of Maximum Funds is hereby deleted and replaced with the following: "Maximum Funds" means $105,000.00. (c) Section 1.2 Definition of "Funding Year 3" is hereby added: "Funding Year 3" means the period commencing April 1, 2016 and ending March 31, 2017. (d) Section 1.2 Definition of Project Completion Date is hereby deleted and replaced with the following: "Project Completion Date" means March 31, 2015 for Funding Year 1, March 31, 2016 for Funding Year 2 and March 31, 2017 . for Funding Year 3. (e) Section 1.2 Definition of Expiry Date is hereby deleted and replaced with the following: "Expiry Date" means March 31, 2017, unless terminated earlier pursuant to this Agreement. ARTICLE 2 - AGREEMENT AS AMEDNED IN FULL FORCE AND EFFECT 2.1. The Agreement, as amended by this Amending Agreement, constitutes the entire agreement between the parties and supersedes any and all prior understandings, agreements, negotiations, and discussions between the parties, whether oral or written, relating to the Agreement or Amending Agreement. With the exception of the amendments set out in Article 1 of this Amending Agreement, all other provisions of the Agreement, as amended, and the schedules thereto shall remain unchanged and in full force and effect. THE PARTIES HAVE EXECUTED THE AGREEMENT ON THE DATES SET OUT BELOW. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minster of Community Safety and Correctional Services _ JUL272016 ephen ie Date Director Pursuant to Delegated Authority Municipality of Kincardine IL - uv∎ L5, 9-Gib (\ome Mu( U ClO(ke Name: 1}nAe Date rVi CAC Title: m-l I have authority to bind the Recipient. Witness Name in dr \jenr111ce( e Name: Oc.tiha I+��rA��� ti Date }Vie` ThepLA Cle (K Title: Ct�rk I i nc. dine Pol'ce Services Board 1{~ N r — ap L LI Date T' 1/1.,;(. iievro I have authority to bind the Board. Witness Name Name: /Io --;te l Stc Date Title: .5E , 7/2_ 7