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.
~