HomeMy WebLinkAbout16 078 1000 Officers Partnership Program Agreement Amendment (2016) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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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
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(\ome Mu( U ClO(ke Name: 1}nAe Date
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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
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N r — ap L LI Date
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I have authority to bind the Board.
Witness Name
Name: /Io --;te l Stc Date
Title: .5E , 7/2_ 7