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HomeMy WebLinkAbout05 018 agree opp 2005 e e e . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BEING A BY·LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAl SERVICES FOR THE PROVISION OF POLICING SERVICES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 4 of the Police Services Act, R.S.O. 1990, c. P. 15, as amended, requires every municipality to provide adequate and effective police services in accordance with its needs; AND WHEREAS pursuant to the said Police Act, Section 5 provides that a Council may enter into an agreement to have police services provided by the Ontario Provincial Police; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it advisable to have police selVices for the municipality provided by the Ontario Provincial Police; AND WHEREAS the Municipal Act, 2001, 5.0. 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 pursuant to the said Police Act, Section 10 provides that the Solicitor General may enter into an agreement with the Council of a municipality for the provision of police selVices for the municipality by the Ontario Provincial Police; 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; 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 The Minister of Community Safety and Correctional Services for the provision of police services for the Municipality of Kincardine. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with the Minister of Community Safety and Correctional Services which is attached to this by-law as Schedule "A". 3. 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 for the Province of Ontario. .. ./2 ---._£ ,e e e - Page 2 opp Police Servicing 2005 Agreement By-law By-law No. 2005 - 018 4. This By-law may be cited as the "OPP Police Services 2005 Agreement By- law". READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 26th day of January, 2005. i14-.r<. ~ Mayo """" ç~ ~-" Clerk ,t-:~ " This is .. nt- No~-ðl8 p~ theØJ!:.aar of -;J ANtJAR'I 2005" ~~ This Agreement mad~04 originally execUted No. of IIUU!tbe-ctar 200 .' pies, tb'Is ~ . day 0 '5k 2~- .... AGREEMENT FOR THE PROVISION OF POUCE SER UNDER SECflON 10 OF THE POUCE SERVICES ACT, R.S.O.l BETWEEN: THE MINISTER OF COMMUNITY SAFETY AND CORRECTIO ("Ontario") o THE FIRST PART AND: THE MUNICIPALITY OF KINCARDINE (the "Municipality") OF HESECONDPART RECITALS: (a) Under s. 4(1) of the Police Services Act, R.S.O. 1990, c. P.l5, as required to provide adequate and effective police services in accordance ., the Municipality is . th its needs; (b) Under s. 5 of the Police Services Act, the Municipality's responsibili for providing police services may be discharged by entering into an Agreement with the So . citor General under s. 10 of the Act; (e) Pursuant to Order-in-Council 170812003, the powers assigned to the S licitor General in law, including those set out in the Police Services Act, have been transfi to the Minister of Community Safety and Correctional Services; therefore, all referen s to the Minister of Community Safety and Correctional Services sball be deemed to includ the powers previously exercised by the Solicitor General; in pursuance of its ent, as evidenced (a copy (d) The Municipality bas expressed its intent to provide police servi responsibilities under s. 5 of the Police Services Act, by means of this by by-law number ~ O()~ - ()/ f( . dated ofwbicb is attacbed as Scbedule "A"); (e) This Agreement reflects the intent of the parties to provide a level of police services for the Municipality as set out in the "Proposal for Policing Services," dated y, 2004 (attacbed as Scbedule "B"); (f) This Agreement reflects the intent of the parties that the proporti of the total cost of maintaining the South Bruce detachment of the Ontario Provincial Po ice (the "O.P.P.") paid by the Municipality is directly attributable to the cost of providing poli services in and for the Municipality; ~~.!: Page 2 NOW THEREFORE, in consideration of the premises and covenants here' the parties agree as follows: 1. (a) The parties warrant that the recitals are true. Definitions 2. In this Agreement: (a) "Annual Budget" means a budgetary estimate of the Municipality s annual police costs, showing the budgetary estimate for each component and the servic levels and equipment and all other matters prepared by Ontario, the O.P.P. or the Co ssioner and submitted to the Board for review and to the Municipality for review and approval by the Municipality under this Agreement. (b) "Annual Financial Statement" means a financial statement which ntains a reconciliation of the Municipality's actual annual police costs incurred the Annual Budget estimate for the year, in accordance with generally accepted acco principles, subject to this Agreement, prepared by Ontario, the a.p.p. or the Commis ioner and submitted to the~w~ewandtotheMunicipal~w~ewand~~albytheMunicipal~ under this Agreement. (e) "Board" means the Municipality of Kincardine Police Services Bo (d) "Commissioner" means the Commissioner of the a.p.p. (e) "Detachment Commander" means the O.P.P. officer in charge of Detachment. (f) "Memorandum of Understanding" means the collective agreemen negotiated from time- to-time between the Crown and the Ontario Provincial Police A iation, pertaining to compensation, benefits, and working conditions of the civilian uniformed members of the a.p.p, up to and including the rank of Sergeant-Major. General Provisions 3. Ontario shall provide adequate and effective police services in acco e with the needs of the Municipality in compliance with the terms and conditions of the Agreement. The Municipality shall pay Ontario for the police services provided un this Agreement in accordance with this Agreement. 4. The Commissioner shall ensure that the Detachment Commander respo ds ~propriately to the ~'s objectives and priorities for police services, developed consultation with the Detachment Commander, pursuant to s. IO(9)(b) of the Police Services ct. ,,, ¿....~~ '!;. Page 3 5. The Commissioner sball cause the Detachment Commander or his or be the Board at mutually agreed upon intervals in accordance with th regarding the provision of police services in and for the Munici consultation with the Detachment Commander, and in accordance with will detennine the information to be contained in the reports and the fo be provided. designate to report to Police Services Act ity. The Board, in e Police Services Act, t in which they will 6. (a) For the purposes of s. 10(6) of the Police Services Act, the O.P. . sbal1 provide police services to the Municipality, including the enforcement of mutuall agreed upon by-laws. The parties sball annually review this part of the Agreement wi a view to revising or updating the list of by-laws requiring O.P.P. enforcement. (b) Municipal Building Code violations overseen by the Municipality' inspector and those by-laws related to animal control will Agreement. Building Code t form part of this Service Levels 7. (a) Ontario sball cause the Commissioner to assign police officers and other persons to duties relating to the police services in and for the Munici ty so as to meet the minimum service level requirements set out in Schedule "C" bed to and forming part of this Agreement. The parties sbal1 review the service I vels as are found in Schedule "C" annually and shall make the appropriate adjustmen to the Annual Budget. No adjustment to the service levels as set out in Schedule "C" s I be made without the consent of the Municipality. (b) In the event that the Municipality requests an increase in excess level requirement as set out in Scbedule "C", it sball be re associated with such increase. In the event that the Municipality minimum service level, it shall be responsible for all costs reduction. the minimum service nsible for all costs ecides to revert to the associated with sucb (c) In the event that the Municipality decides to reduce the number by the Municipality in connection with this agreement, the M costs and expenses incurred as a result of any such reduction. employees employed . cipality sball bear all Liabilitv of Ontario 8. The O.P.P. sbal1 be liable for any damages that may arise as a result f any negligent acts or omissions of its members in the performance of this Agreement. - l~'''· ~ Page 4 Provincial Services Usae:e 9. The O.P.P., as legisIated by the Police Services Act, must be capable 0 providing provincíal level response that can be mobilized for emergencies, disaster or specíal' d needs. The O.P .P. may meet this requirement by deploying resources that normally wo d be assigned to the Municipality. The Detachment Commander shall ensure that in event resources are deployed to a situation requiring a provincíal level response, approp . resources remain available to the Municipality to provide adequate and effective polic' . The use of contract resources in cases where there is a provincial obligation to respond wi I be reconciled in the Municipality's Annual Financial Statement. 10. Should circumstances arise in which the Municipality qualifies for a 't pursuant to both paragraph 7 and paragraph 9, the Municipality shall be entitled upo reconciliation to the greater amount of the reduction in the Municipality's Annual Financ' Statement resulting from the application of the terms of either paragraph 7 or paragraph 9, b t not both. 11. Ontario shall deliver to the Board at mutually agreed upon intervals statement concerning statistical infonnation as required by the Board regarding police servic s provided under this Agreement. Ontario shall ensure that appropriate records are kept to upport and verify the statement provided. EøuiDment and Faeilities 12. Ontario shall supply or cause to be supplied at Ontario's cost all v hicles and equipment reasonably necessary and appropriate for the use of the O.P.P. in P viding police services under this Agreement. yment of appropriate location, leasehold 13. The parties will enter into negotiations concerning the provision and buildings and rental agreements, included, but not limited to improvements, and capital costs. Adequaev Standards Ree:u1atiOD 14. The O.P.P. shall undertake and be responsible for ensuring that all adequate and effective police services as required by Ontario Re Police Services Act are met and maintained. 16. It shall be the responsibility of the Board to monitor the delivery of that the provisions of the Ontario Regulation 3/99 under the Police S on an ongoing basis. lice services to ensure ices Act are satisfied 15. The Detachment Commander shall provide the Board with reaso Ie documentation, as agreed upon between the Board and the O.P.P., to allow the Board to e aluate the services and satisfy itself that adequate and effective standards and policies are in pi .~,.'''i'''.L_ ~ Page 5 Cost ofPoliee Services 17. (a) On or before December 1 in each year, Ontario shall prepare and liver to the Board for review and to the Municipality for review and approval, the ual Budget for the following year (Schedule "D"), together with sufficient documen . on and information reasonably necessary to explain and support the service lev Is, the adequacy of equipment and facilities and all other matters affecting the Ann Budget. Until the Annual Budget for any year is approved by the Municipality, the ual Budget for that year sha1I be deemed to be the Annual Budget for the previous y , subject to increases attributed to those items listed in paragraph 23. (b) The Municipality shall use its best efforts to approve the Annual of its receipt. The parties to this agreement shall negotiate in g faith to resolve any differences that may prevent the approval of the Annual Budget by the Municipality. 18. The Municipality sha1I make monthly installment payments to Ontario n the last day of each month in each year, each one being one twelfth of the Annual Budget or that year subject to adjustment in accordance with the Annual Financial Statement as t out below. If any installment is made in respect of a calendar year before the approval of e Annual Budget for that year, an adjustment shall be made at the time of the payment f the installment next following approval of the Annual Budget for that year so as to b all installments in conformity with the Annual Budget. 19. On or before March 31 in each year following a year to which this ent applies, Ontario shall deliver to the Municipality for its approval an Annual F' ial Statement for the preceding calendar year, and which Annual Financial Statement shall . clude a reconciliation of actual costs to billed costs for the immediately preceding year. tario sha1I keep all records, statements of account, invoices and any other such documents ecessary to support the Annual Financial Statement, and all such records shall be kept for a period of six years. Ontario shall permit the Municipality, upon notice to Ontario, to e . e all such records and books of account and conduct a review of the Annual Financial Statem t. 20. (a) The Municipality shall review the Annual Financial Statement u 90 days of such receipt, shall approve the Annual Financial S Ontario a request to review the Annual Financial Statement. n receipt and, within ent, or deliver to (b) In the event that the Municipality fails to approve or request a review of the Annual Financial Statement within 90 days of receipt, the Municipality I be deemed to have approved the Annual Financial Statement. (e) In the event that the Municipality requests a review of the Annual Financial Statement as provided in this paragraph, the Annual Financial Statement shall approved or amended and approved in accordance with paragraph 21 below. - } ,t Page 6 21. Where the Municipality has delivered to Ontario a request to review the Annual Financial Statement, the Municipality shall carry it out expeditiously, and On '0 shall cooperate to pennit such a review to be carried out. If the parties are unable to agree on the Annual Financial Statement, either party may submit the matter to the dispute olution mechanisms contained in paragraphs 25 and 26. 22. Upon the approval or deemed approval of the Annual Financial Statem nt, as provided in this Agreement, an adjustment shall be made in the amounts paid the Municipality by installment so that the total amount paid in respect of the year to whic the Annual Financial Statement relates is equal to the amount as shown on the appro ed Annual Financial Statement. Any amounts payable by one party to the other as a result 0 such adjustment shall be paid by means of a credit for the appropriate party to be included in e billing for the month immediately following the approval or deemed approval of the Ann Financial Statement. Any amounts which have become due and owing by one party or the ther according to the adjustment shall bear interest at the rate set by the Minister of Finance 0 Ontario, from time to time for the purpose of repayment of taxes, from 30 days following the date of invoice by one party to the other. 23. Despite anything in this Agreement, the total amount of money paid the Municipality for police services in respect of any calendar year shall not exceed the Ann Budget for that year, whether approved or not, and the Annual Financial Statement shall be amended to reduce or eliminAte any such excess shown therein, with the exception of costs expenses incurred as a result of the following: (a) an emergency where the emergency area includes the whol or any part of the Municipality and an emergency has been declared under the E ergency ManagemenJ Act, R.s.O. 1990, c. E.9, as amended, and all contributions to de y any costs incurred in that connection from any provincial or federal government urces which may be reasonably expected have been accounted for, (b) increases with respect to wages, benefits or other employment ma lice services in the .P.P., and which were (.:) property and plant, equipment and fuel, (d) compliance with any laws, by-laws, regulations or provincial dards which become applicable to this Agreement or the provision of police services fo lowing the approval of the Annual Budget for that year, and (e) any other matters which require the provision of municipal Municipality and which were beyond the control of Ontario or the unforeseeable at the time of the approval of the Annual Budget. 24. (a) The Board may determine user fee charges in accordance with of the Municipal Act, R.S.O. 2003, Chapter 8 and amendments th shall be collected by the O.P.P. and transferred to the Munici required to be apportioned with the O.P.P. '0 Regulation 244/02 , and any such fees 'ty and shall not be Page 7 (b) The parties agree that sections 132 and 133 of the Police Services the South Bruce Detacbment of the O.P.P. was a municipal poli Detachment Commander was a Chief of Police. t will be applied as if force, and as if the DisDute Resolution Meehamisms 25. (a) The provisions of this paragraph apply in the event ofa dispute een the Municipality and Ontario concerning financial and related issues arising out of the interpretation, application, administration, or alleged violation of this Agreement "Financial Disputes") or between the Board and the O.P.P. concerning policing iss s arising out of the interpretation, application, administration, or alleged violatio of this Agreement ("Policing Disputes"). (b) In the event that a dispute arises, the Detacbment Commander, or r the Municipality or the Board, as the case may be, or their rep within 30 days of such dispute arising and use all best good fai dispute. (e) If the dispute remains unresolved, the Regional Commander, or presentative, and the Municipality or the Board, as the case may be, or representative, shall meet and use all best good faith efforts to resolve the dispute. (d) If the dispute remains unresolved, the Commissioner, or Deputy ommissioner, and the Municipality or the Board, as the case may be, or representative, shall meet and use all best good faith efforts to resolve the dispute. (e) If the dispute remains unresolved, the issue may be referred to m 'on by either party, and each party shall use all good faith efforts to resolve the dispute 26. (a) Financial Disputes that cannot be resolved through any of the me ds described within paragraph 25, may be referred to and settled by binding arbitration The provisions of the Arbitration Act, 1991 shall apply to any such arbitration, unle otherwise indicated below: i) The language of the arbitration shall be English. ü) The place of the arbitration shall be Kincardine Ontario. iii) Each party agrees that the arbitration shall be conducted' a summary manner to ensure a full hearing in a cost effective and efficient manne . iv) Each party shall make prompt full disclosure to the 0 er and, subject to the availability of an arbitrator, the arbitration shall be comm ced within 30 days of the conclusion of the meeting with the Commission , or the mediator, if applicable. v) Each party shall be responsible for its own legal ex and for an equal share of the fees and expenses of the arbitration and any other re expenses. Section 54 of the Arbitration Act shall not apply; the arbitrator s I have no right to make an award relating to costs. vi) The parties shall have no right of appeal to a final decision of an arbitrator. " .1;: Page 8 (b) Policing Disputes shall not be subject to arbitration. (t) Neither party shall be entitled to proceed to mediation or arbi meetings referred to in paragraph 2S have been held, and each all best good faith efforts to resolve the dispute in those meetings. . on until all of the undertakes to exert (d) Mediations or arbitrations of disputes conducted under this A closed to the public. All parties to any dispute shall keep all communications made in the course of the dispute resol confidential, nor sha1l such information be admissible in any leg follows: i) on consent of all parties; ii) as may be ordered by a court of competent jurisdiction; iii) the fina1 decision of the arbitrator may be released. ent shall remain etails, admissions or . on process strictly proceeding, except as (e) Each of the meetings outlined in paragraph 2S shall be comm days, and concluded no more than 30 days, from the conclusion 0 the parties otherwise agree. no earlier than 1 S the prior stage unless (I) Notwithstanding any of the above provisions, nothing in thi Agreement shall be construed so as to give the Municipality or the Board the right to alter any policy of the a.p.p. or the Ministry. Nothing in this Agreement shall be co so as to give the Municipality or the Board, the right to supercede or vary the dutie and obligations of the Solicitor General pursuant to s. 3(2) of the Police Services Act, of the Commissioner pursuant to s. 17 and s. 41 of the Police Services Act, and , the rights of the Municipality and the Board pursuant to the Agreement are subj t to the Municipality's obligations under s. 4 of the Police Services Act. DetP..hment Commander SeleetioD 27. The Detachment Commander shall be selected from the short-listed 1 of candidates by a joint committee consisting of a majority of Board Members, and pe ns nominated by the Commissioner. The short-listed pool of candidates shall be determined by the a.p.p. using its Provincial Policies relative to promotions. Notiee 28. Any notice, statement, invoice or account to be delivered or given by groups to any other of them sha1l be delivered to all other groups in addressed to those groups at their respective address as listed transmission to the fax number listed below. Any notice, statement, in mail shall be deemed to be received on the third day following the shown to the contrary and if sent by fax sha1l be deemed to be transmission. Any group may change its address and fax number by herein: y of the below listed ·ting and sent by mail low, or sent by fax ice or account sent by of mailing unless eived on the date of 'ving notice provided , Page 9 i) to Ontario addressed to: The Minister of Community Safety and 25 Grosvenor Street, 11111 Floor, Toronto, Ontario, M7A lY6, F 5085. orrectional Services, number (416) 326- ü) to the Commissioner addressed to: The Commissioner, Ontario ovincial Police, 777 Memorial Avenue, Orillia, Ontario, L3V 7V3, to the tion of the Bureau Commander, Contract Policing Bureau, FAX number (705) 329-6 17. iii) to the Municipality addressed to: The Municipality of Kincardine, 475 Concession 5, R.R. 5 Kincardin, ON N2Z 2X6. FAX number (519) 396-8288. iv) to the Board addressed to: The Municipality of Kincardine Police S . ces Board, 1475 Concession 5, R.R. 5 Kincardin, ONN2Z 2X6. FAX number 519) 396-8288. Comm.encement and Termination of At!reement 3¿\7 29. Notwithstanding the date upon which this Agreement is signed, the of this Agreement shall commence on the 1st day of May 2004, and shall conclude on the st day of April 2009. ,g "'.... 30. Either party to this Agreement may terminAte this Agreement upon on year written notice of termination to the other party, in which case this Agreement shall one year following the delivery of such notice. Should a notice to terminate be given, the Municipality shall continue to be obligated to pay for the cost of providing police servi under this contract to and including the date of such termination and Ontario shall contin to be responsible to provide the services outlined in this Agreement. 31. Should the Municipality's designated responsibility to provide poli ing under the Police Services Act be changed, either by statute or government in . on, the Municipality maintains its right upon being so informed to give written notice of i intention to tenninate this Agreement forthwith. Entire Ål!l'eement 32. This Agreement and the schedules attached constitute the entire parties, and there are no representations, warranties, collateral affecting this Agreement or the relationship of the parties or suppo expressed herein in writing. Any amendment to this Agreement m executed by the parties. greement between the ents or conditions hereby other than as be in writing, duly "' Page 10 IN WITNESS WHEREOF, the Municipality has affixed its Corporate Seal a by the signature of its duly authorized signing officers and the Minister of Community ety and Correctional Services has personally signed this Agreemen be effective as of the date set ut herein. . FOR ONTARIO The Minister of Community Safety and Co FOR THE MUNICIPALITY .-..-/~.~<'..-- þ# - ~ ,.... ,,-,' --::.- }>~~~~:~~~. ~. ~ ,-:::~~~.;~ ....," ~~. ~--::.::";:::; ~ - :: "'-, ~- _....:\.. ~ ~ .. -:' :: ...:;:~ -- :~......_ S --~ ~~ ,~.: Mayor - \t,~- ..." "'. - ~-.. '=-~£:~=~~-~~-~::~~~ . ;";"-4~:;':'-_...,,"- ~ ~\ Chief Administrative Officer /:~I_,_' - ..['1: SCHEDULE "A" BY-LAW OF THE MUNICIPAL CO CIL , . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE - BY-LAW NO. 2005 - 018 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES FOR THE PROVISION OF POLICING SERVICES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 4 of the Police Services Act. R.S.O. 1990, c. P. 15, a amended. requires every municipality to provide adequate and effective polic services in accordance with its needs; AND WHEREAS pursuant to the said Police Act, Section 5 provides that II Council may enter into an agreement to have police services provided by thl¡ Ontario Provincial Police; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it advisable to have police services for the municipality provided by th e Ontario Provincial Police; AND WHEREAS the Municipal Act, 2001. S.O. 2001. c. 25 Sections 8 and 9 ( ) provides municipalities with powers of a natural person to enable them to gove n their affairs as they consider appropriate under this or any other Act; AND WHEREAS pursuant to the said Police Act. Section 10 provides that t e Solicitor General may enter into an a9reement with the Council of a municipal' y for the provision of police services for the municipality by the Ontario Provine I Police; AND WHEREAS the powers assigned to the Solicitor General in law. includi g those set out in the Police Services Act, have been transferred to the Minister of Community Safety and Correctional Services. pursuant to Order-in-Cour~il 1708/2003: 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 agreem nt with The Minister of Community Safety and Correctional Services for e provision of police services for the Municipality of Kincardine. 2. That the Mayor and CAO be authorized to sign. on behalf of The Corpora on of the Municipality of Kincardine. the Agreement with the Minister of Community Safety and Correctional Services which is attached to this by- ~w as Schedule "A". 3. This By-law shall come into full force and effect upon receipt of a duly s;g ed copy of an agreement with the Minister of Community Safety and Correcti nal Services for the Province of Ontario. " . /2 , page 2 OPP pol\ce sel'iiC\flQ 2005/1-Qreemeflt By-laW By-laW 1'10. Z005 - 018 l d s ,he "Opp police serviCes Z005 p..greemen' By- 4. ihis By-laW may be C' e a I( .W", R£)\P a fiRS". SECOND lhiS 26~ da'l 01 Januaf'}. Z005. and ,.\oIIRD ,.IIAE and fINÞ.LL V f'þ.SSED ~c-- Ce<tifie4 to be " cOl'Y of lIy-1"" "". 2005-018 "5,,,,4 bY the council of tbe corP"~"tiOO of tbe ~oici¡>"li~Y of ¡'inc,,~4ine 00 tb.e 26tb 4"Y of J""""~Y' 2005. ...~<.~ /~ J SCHEDULE "B" PROPOSAL FOR POLICE SERVIC S , ' The Muni ipality of Kin ardine . ~~' - . Contract Policing ~ oposal Prepared by: 0ntIIrl0 Provincial Pollee ConInIct PøIIcIng Buf'flllll May 2004 . Table of Contents . Executive Summary __..._........_.._..._._......._.._..._. ......_. 3 Chart of Services ..._............._..............._........_..............._... ..........6 opp Cost Schedule for 2004...._...__.._._........_..._. .._..... 7 Costing Summary Year 2004._........._.............................. ..........8 opp Contacts .._..._...__._...__.._...__....._.._........._.... __..9 2 ~ Executive Summary The Ontario Provincial Police (OPP) has 95 years experience in providi g effective community- based policing and protection throughout Ontario. The OPP has pro\ 'ded municipal policing services under contract for over 50 years and currently maintains contraCl s with 129 communities across Ontario. The Municipality of Kincardine requested a costing for the renewal of the olicing Agreement with the Ministry for OPP municipal policing. This proposal is based on the I vel of policing services required to provide adequate and effective policing, and includes an a alysis of the workload generated in the municipality during the past four years. This allows th OPP to compare local occurrences and incidents with provincial averages to accurately detennir e the number of officers required. Based on this infonnation, the Municipality of Kincardine requires both ro-active and re-active policing, 24 hours a day, seven days a week. The South Bruce OPP DE~achment will remain as the Administration/Operations Centre. The resources identified will continµe to be deployed to the Municipality from this facility. Position FTE* Cc ntract Resol rces 0.21> 1.48 14.110 15. 2 1.3B 1.~13 In8ï>Ae-tor Seraeant Constables Total Uniform Clerical SUDMrtIOAG8) Total Civilian *Full Time Equivalent This proposal reflects the integrated policing concept, incorporating a pol cing service contract for the Municipality of Kincardine with OPP highway patrol services and I rovincial responsibilities under one administration. The South Bruce Detachment Commander would be responsible to oven lee all aspects of service delivery. The OPP contract complement identified in this proposal w uld be assigned to the policing needs of the Municipality of Kincardine. A Community Serg ant will continue to be assigned to the Municipality who's duties will include, the supervision 0 the staff deployed from the Kincardine Operations Centre. Administrative and support resourc s would be shared and costed accordingly. This proposal includes the transfer of the present f II-time municipal clerical position, to the Ontario Provincial Police. Combined with the Sergeant's presence, this will allow the office to remain open during business hours. The Community Se~ eant's availability within the community helps to address local concems in a timely fashion. n addition there will be Sergeant-Team Leaders throughout the Detachment to provide assistan Ie and supervision to the identified complement 3 , . . . In order to provide a location for the police and public to interact, and to acilitate the delivery of policing services in a community, the OPP encourages the establishment of Community Policing OffICes (CPOs). Where such offices do exist they are usually equip d with telephone and NICHE capabilities for use by officers assigned to the municipality. Any decision on the establishment of a CPO in the Municipality of Kincardine rests entirely wit Municipal Council and any associated costs will be the responsibility of the Municipality. It is ecommended that any existing Community Policing Offices located within the Municipality be mai tained. The contract costs include a comprehensive range of services that are made available to the Municipality of Kincardine. For example, expenses relating to contract egotiations, arbitration, grievances, civil litigation, tendering/purchasing, infonnation t nology, fleet and telecommunications are included in the overall costing fonnula. The services often require considerable internal and external expertise and the high costs nonn lIy associated to such services are defrayed through the contract for OPP service. OPP salary costs are comprised of two components: base salary and a s niority bonus. The base salary costs outtined in this proposal are calculated using the top pay Ie I of each rank, but the seniority bonus is incorporated using the average cost for all seniority I vels. These costs are adjusted annually to reflect actual costs for those officers not at the maxi um levels in their salary grid. Overtime is estimated at the provincial average of 7% and this, t 0, will be reconciled to actual usage at year-end. In consultation with the Police Services Board it is the intent that all exi 'ng community service programs and community policing committees will be maintained. Any new community service programs considered may be implemented a er consultation with the Municipality of Kincardine Council, the Municipality of Kincardine Police ervices Board and the South Bruce Detachment Commander. When a municipality chooses to receive police service from the OPP und r contract, the OPP will ensure that the required resource levels are met. The shared infrastruct re of the OPP broadens local access to resources, expertise, solutions, training and manage ent without duplicating services. In this case, the Municipality of ISincardine will continue to ben t as additional staff are readily available from within the South Bruce OPP Detachment a well as neighbouring detachments and regions, should the need arise. The Municipality of Kincardine will be required to Maintain the Pol' Services Board, as mandated by the Police SeNices Act that will have control over the priorit es and objectives of the policing service within the community. The Commluloner is comm to ensuring that the Detachment Commander of the South Sruce opp Detachment ntS nds appropriately to the Soard's advice and priorities In a manner consistent with e Soard's Identified concerns, expectations and needs. It is long-standing OPP policy and practice to be accountable to the co unities we serve. The Commander of the South Bruce OPP Detachment, or designee, will re rt to the Police Services Board on a regular basis, as per the direction of the Board. The OPP is experienced in being accountable to the municipalities we serve. With 98 contracts curre tly in place and future contracts pending, there is great emphasis placed on OPP accoun ility to Police Services Boards. Future growth and/or increased workload in the Municipality of Kin rdine may necessitate additions to the proposed complement during the tenn of the contract. y required increase in 4 .!.. ,,' ! complement would be negotiated between the Municipality and the OPP, rior to any changes to the contract. Advantages to the Municipality of Kincardine: · Assurance of the adequacy of the police service; · Dedication to resolving community issues through local involvement nd community policing committees; · Service at a defined cost; · Availability of additional staffing support from neighbouring tachments, regional headquarters and general headquarters; · Seamless access to a comprehensive infrastructure and special' ed services (refer to Municipal Policing Framework for description of support and services ailable); and · Control of the policing priorities and objectives through the Municipa ity of Kincardine Police Services Board. The OPP is required to provide provincial level emergency response t at can be mobilized in times of emergency, disaster or a specialized investigative need. The 0 meets such emergent needs, on an on-<:8l1, as-needed basis, by deploying small numbers officers from multiple locations and assignments, both provincial and municipal. In so doing the OPP ensures that appropriate levels of service remain in place. Municipalities are com nsated for the contract resources mobilized in cases where there is a provincial obligation to resp 00. (Please Note- This costing proposal expires a/x months from the ate of presentation to Council. At that time the costa identified In the proposal will be subject to review and revision where necesaary.) to reflect actuals. A st schedule for the year If the Municipality of Kincardine chooses to accept an OPP contract for its policing service, the South Bruce OPP Detachment will assign resources, focusing on meting the Municipality's unique policing needs. The estimated cost associated to this proposal based on the OPP U orm and Civilian 2004 salary schedules is: $1.745.641. Salary, overtime and contractual payouts are reconciled at year-e breakdown of the costs has been included, as well as the salary and 2004. Please Note: Not included in this proposal are: · The cost of maintaining the Police Services Board · The costs associated to establishing and maintalnln Community Policing OfIIce(s) · Any applicable revenues accruing to the municipal as a result of police activity A complete description of services provided by the OPP an civilian governance Issues Is Included In the accompanying document entitled" P Municipal Policing Framework - Supplement to OPP Proposal." The services des rlbed are included in the overall opp costin formula. 5 , ' , " Services offered by your OPP Service to The Municipality of Kincardine ProIlÙllll Bv: In£""tnlcÞI e s;m;;;;" Frøm: Service Detac"ment Re<rion Ge eral Headouarters 24 hour Proactive and Reactive policinø ./ ./ Accommodations ./ ./ ./ Administrative s;;;;;;;rt Services ./ ./ ./ AIIto Theft ./ A .. Policin2 DroOTBm ./ Aviation Services ./ Behavioral Sciences ./ B ilntoxilvzer Technicians ./ ./ Business P ./ ./ ./ Bv-Iaw Enforcement ./ Canine ./ ./ Child Pomommhv Investiøation ./ Communications ./ ./ Community Policinø ./ ./ ./ Comolaint In on ./ ./ ./ Court Case Mamuzement ./ Crime Prevention ./ ./ ./ Crime StoDDerS Pro= ./ ./ ./ Criminal Investieation ./ ./ ./ Differential Resoonse ./ ./ Drue: Enforcement ./ ./ ./ EmeMencv Resoonse ./ ./ ./ Emolovee Counseline: ./ ./ ./ Explosives D¡";"'~ ./ ./ ./ Forensic Identification ./ ./ Front Line Suoervision ./ ./ Hate CrimesIE>ttremi ./ HoslaIre Neøotiation ./ ./ Human Resources Services ./ ./ ./ lUeøI Gamine: ./ Incident Command ./ ./ ./ Intel\ie;ence Section ./ Maior Case ./ MarinelSnowmobilelATV ./ ./ Media Relations ./ ./ ./ R.I.D.E. ./ ./ Search & Rescue ./ ./ Sex Offender ./ Scenes of Crime Officers ./ Surveillance Œlectronic & Phvsical) ./ Tactics and Rescue ./ Technical Traffic Collision Inv on ./ ./ Tbreat Assessment ./ Traffic ./ ./ ./ T .. ./ ./ Underwater Search and Rescue ./ VICLAS {Violent erime r:¡;;¡æg.; ./ Victims Assistance NeARS) ./ ./ ./ VIP Security ./ 6 l' .. -' opp Cost Schedule for Municipal Pollci for the Year 2004 The following categories are taken into consideration when preparing the costing Particulars 2004 Estimates Uniformed Staff Salaries' Inspector - $100,339 (AV8IBge January 1 - December 31, 2004) Staff Sergeant - $94,838 (Detachment Staff Sergeant - $88,156 (Program Ma Sergeant - $78,119 Constable - $69,419 Part-time - $53,533 Civilian Salaries ConvnunkationsSupport Overtime Hours' Shift Premium Contractual Payouts (Vacation & Slats)' Benefits Operational Support Prisoner GuardslExpenses Vehicle Usage Telephone Office & Janitorial Supplies Accommodation Uniforms & Equipment Fumiture & Equipment Cleaning Contract Mobile Radio Maintenance Office Automation RHQ Municipal Support OAG 8 - $41,348 Caretaker 2 - $38,863 $982 per uniformed member 7% of uniformed staff salaries $308.00 per uniformed member $2,064.00 per unifonned member 23.5 % civiian staff 23.5 % uniformed staff (15% for part-ti e) $512.00 per unifonned member (Training Recruiting, HR, Servicing) $527.00 per uniformed member $5,840.00 per uniformed member $1,104.00 per unifonned member $162.00 per uniformed member $125.00 per uniformed member $665.00 per uniformed member provided by OPP or municipality $892.00 per uniformed member $166.00 per uniformed member $1,246.00 per unifonned member 1.44% of Salaries, Benefits and Other D.O.E. * Munlclplllitles lire bUkd for actulll costs lit year-eruL 7 L' "" .f The Municipality of Kincardine O.P.P. COSTING SUMMARY Estimated Policing Costs for the period January 01. 2004 to December 31, 2004 Salaries and Benefl1s Unifonn Members Inspector. .. . . . . . . . . . . . . . . . . . . . . . . . Staff Sergeant-Detachment Commander . Staff Sergeant. ..................... Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . . Constables. .. . . .. . . .. . .. .. . .. . . . . .. Total Uniform Salaries Overtime (Provincial Average) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractual payout (Vacation & Statutory HOlidays) . . . . . . . . . . . . . Shift Premium.. . .. . . . .. . . . .. . . .. . . . .. . . . . .. . .. . . . . . . . . . Benefits (23.5% of Salaries). . . . .. . . .. . .. . . . . . . . . . . . . . . . . . . Total Uniform Salaries & Benefits Civilian Members Posltlon& OAG8............................ 1.33 OAG 6 . .. .. .. . .. . . .. .. .. . .. . .. . .. . Caretaker 2 ........................ Caretaker1....................... . Communication Operators. . . . . . . . . . . . . . . . . . . . " 15,437 Total Civilian Salaries Benefits (23.5% of Salaries) . . . . . . .. . .. . . . .. . . . . .. . .. . . . . . . Total Civilian Salaries & Benefits Positions 0.26 $ 26,088 1.46 114,054 14.00 971,866 $ 54,992 Total Salaries & Benefits Other Direct ODeratina EXDenses Operational support. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Prisoner Guards I Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicle Usage.. .. .. .. .. . .. . .. . .. .. .. . .. .. .. . .. . . . . .. . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office and Janitorial Supplies. . . . . . . . . . . . . . .. . . .. . . . .. . . . . . Accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uniform & Equipment. . . . .. . . . . . . . . . . . . .. . . . . .. . . . .. . . . . . Furniture & Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cleaning Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mobile Radio Equipment Maintenance. . . . . . . . . . . . . . . . . . . . . . . Office Automation (N0I81) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auxiliary Officers Per Diem. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . Total Other Direct Operating Expenses RHQ Municipal Support 1,112,008 77,841 32,446 4,762 261.322 70,429 16,551 8,049 8,284 91,805 17,355 2,547 1,965 10,454 14,022 2,610 20,562 900 1,488,378 86980 1,575,358 178,552 25 256 2004 Total Estimated Gross Policing Cost 1,779,167 Provincia/ServicesUsage......................................... 133,626\ TOTAL ESTIMATED POLICING COST $ 1,745,541 8 .. l. J. f O.P.P. Contacts Please forward any questions or concerns to Acting Insp ctor Paul Holmes, Detachment Commander, South Bruce Detachment or Serge nt Rick Sinnamon, Contract Policing, OPP Western Region Headquarters. Acting Inspector Paul Holmes Sergeant Rick Sinnamon (519) 396-3341 (519) 323-3130 Detailed descriptions of all OPP support and specialized servi es that are available have been included under separate cover in the document en ed "OPP Municipal Policing Framework". 9 '0.. l +' ,. SCHEDULE "C" PROPOSED LEVEL OF SERVIC ,~ ,,-'" ..1 I Contract Staffing Level FTE* Con ract Position . Resourc es Ins r 0.26 Seraeant 1.46 Constables 14.00 Total Uniform . . 15.72 Clerical SUDDOrt (OAG8) 1.33 Total Civilian 1.33 * - FuU Time Equivalent Note: Uniform Staff are guaranteed to provide a minimum 1,467 hours per cc Iltracted FTE officer of dedicated service per annum. Hence, the number of uniform membe 'S provided in this contract will provide 15.72 X 1467 = 23,061 hours of service per annw ~. ! . . -'- "J. -' SCHEDULE "D" ANNUAL BUDGET . .~ ... ~ ! The Municipality of {Incardlne O.P.P. COSTING SUMMARY Estimated Polidng Costs for the period January 01, 2004 to December 31,2004 Salaries and Benefi1s Positions 0.26 $ 26,088 Unifonn Members Inspector. .. . . . . . . . . . .. . . . . . . . .. . . . Staff Sergeant-Detachment Commander. Staff Sergeant. . .. . .. . .. .. . .. . .. . .. . Sergeant. . . .. .. .. . .. . .. .. . .. . . .. . . Constables .. .. . .. . .. . .. .. . .. . .. .. . . Total Uniform Salaries Overtime (Provincial Average) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractual Payout (Vacation & Statutory Holidays) . . . . . . . . . . . . . Shift Premium .......................................... Benefits (23.5% of Salaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Uniform Salaries & Banafits Civilian Members Positions OAG 8. ............. .. ... ... ... .. . 1.33 OAG 6 . .. .. .. .. .. .. . .. .. . .. . .. .. . . Caretaker 2. . . . . . . . . . . . . . . . . . . . . . . . Caretaker 1 . . . . . . . . . . .. . . . . . .. . . . . . Communication Operators. . . . . . . . . . . . . . . . . . . . .. 15,437 Total Civilian Salaries Benefits (23.5% of Salaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Civt7ian Salaries & Banefils 1.46 114,054 14.00 971,866 1,112,008 77,841 32,446 4,762 261.322 $ 54,992 70,429 16,551 Total Salaries & Benefits Other Direct Ooeratina Exoenses 8,049 8,284 91,805 17,355 2,547 1,965 10,454 Operational Support... ..... ........ ...... ..... ... ....... PrisonerGuardsIExpenses.............................. . Vehicle Usage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office and Janitorial Supplies. . . . . . . . . . .. . . . .. . . . . . . . . . . . . . Accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uniform & Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fumiture & Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cleaning Contract. ...................................... Mobile Radio Equipment Maintenance. . . . . . . . . . . . . . . . . . . . . . . Office Automation (Ncte 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auxiliary Officers Per Diem ................................ Total Other Direct Operating Expenses RHQ Municipal Support 2004 Total Estimated Gross Policing Cost Provincial Services Usage. . . . . .. . .. .. . . . .. . . . . .. . .. . . .. . . . . .. . .. . . 14,022 2,610 20,562 900 TOTAL ESTIMATED POLICING COST 1,488,378 86 980 1,575,358 178,552 25 256 1,779,167 133,626 1,745,541 ~, ~t , SCHEDULE "E" O.P.P. AUXILIARY POLICING PROG M tL (. ~ !' O.P.P. Auxiliarv Policilli! Proe:ram The parties agree to the provision of three members within the a.p. . Auxiliary Policing Program dedicated to the Municipality of Kincardine. Tw members will be attached to the Huron County Auxiliary Unit, with the remaining 0 e member attached to the Grey County Auxiliary Unit. Individual training wil be received at appropriate a.p.p. locations. The parties agree that the a.p.p. has training and operational stand ds that must be understood and met before these three individuals can commence d ty with the a.p.p. The parties agree that for the purpose of this agreement these three embers will accompany a.p.p. members assigned to patrol the South Bruce a.p P. detachment area, and will not be limited to patrols, solely within the boundaries of the Municipality of Kincardine. The parties further agree that in some ituations, ego Air Shows, Fairs, emergency situations, etc., the Municipality may rece ve at no cost the services ofa.p.p. Auxliary personnel other than these three. The cost of this program is based on a one time cost of $2500.00 pe member for uniform and equipment. An additional cost of $300.00 per member ill be paid annually by the Municipality to reimburse costs for meals, travel, a administration expenses. These costs will be forwarded to the a.p.p. for distributi n to the respective mentioned a.p.p. Auxiliary Units as per Schedule "D" ual Budget. ~