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Home > By-Laws > 3382-2018 Police Services Contract Agreement

3382-2018 Police Services Contract Agreement

3382-2018 Police Services Contract Agreement

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES OF ONTARIO (“ONTARIO”) AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA (“THE MUNICIPALITY”) FOR THE PROVISION OF POLICE SERVICES UNDER SECTION 10 OF THE POLICE SERVICES ACT, R.S.O. 1990, c. P. 15

Passed by Council December 11, 2018


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NO. 3382-2018
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES OF
ONTARIO (“ONTARIO”) AND THE CORPORATION OF THE TOWNSHIP OF
AUGUSTA (“THE MUNICIPALITY”) FOR THE PROVISION OFPOLICE SERVICES
UNDER SECTION 10 OF THE POLICE SERVICES ACT, R.S.0.1990, c. P. 15

WHEREAS the Corporation of the Township of Augusta deems it necessary to comply
with Section 10 of the Police Services Act, R.S.O. 1990, c. P. 15;

AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c. P. 15,
as amended, (the Act), the Municipality is required to provide adequate and effective
police services _in ·accordance with its needs;

AND WHEREAS under Section 5 of the Act, the Municipality’s responsibility for
providing police services may be discharged by entering into an Agreement with Ontario
under Section 1 0 of the Act;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:

1. That the Corporation of the Township of Augusta enter into an Agreement with the
Ministry of Community Safety and Correctional Services for Police Services, and
that the said contract shall be known as Schedule “A” attached hereto to this Bylaw.

2. That the Mayor and Chief Administrative Officer are hereby authorized to execute
such Agreement and Affix the Corporation Seal thereto.

3. By-Law 3146-2015 is hereby rescinded January 1, 2018.

4 All other By-Laws inconsistent herewith are hereby repealed.

5. This by-law shall be in force and effect as of January 1, 2019.

Read a first and second time this 11 day of December 2018.

Read a third time and passed this 11 day of December 2018.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

The term of this Agreement, made in 2 originally executed copies, is from the 01st day of
January 2019, to the 31st day of December 2022.

AGREEMENT FOR THE PROVISION OF POLICE SERVICES
UNDER SECTION 10 OF THE POLICE SERVICES ACT, R.S.O. 1990, c. P.15, as am.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES
(“Ontario”)

OF THE FIRST PART

AND:

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
(the “Municipality”)

OF THE SECOND PART

RECITALS:

(a) Under s. 4(1) of the Police Services Act, R.S.O. 1990, c. P.15, as am., the Municipality is
required to provide adequate and effective police services in accordance with its needs;

(b) Under s. 5 of the Police Services Act, the Municipality’s responsibility for providing police
services may be discharged by entering into an Agreement with the Solicitor General
under s. 1 0 of the Act;

(c) Pursuant to Order-in-Council 497/2004, 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; therefore, all references to the
Minister of Community Safety and Correctional Services shall be deemed to include the
powers previously exercised by the Solicitor General;

(d) The Municipality has expressed its intent to provide police services, in pursuance of its
responsibilities under s. 5 of the Police Services Act, by means of this Agreement, as
evidenced by by-law number 3382-2018, dated December 11, 2018 (attached as
Schedule “A”);

(e) This Agreement reflects the intent of the parties to provide an adequate and effective level
of police services for the Municipality as set out in the “Contract Policing Proposal,” dated
October 11,2018 (attached as Schedule “B”);

NOW THEREFORE, in consideration of the premises and covenants herein, the patties agree
as follows:
1. The parties warrant that the recitals are true.

Definitions

2. In this Agreement:

(a) “Annual Billing Statement” means a statement prepared by Ontario and submitted to
the Municipality for review and approval which contains:

(i) the Municipality’s policing costs for the year following the year in which the
statement is prepared, based on an estimate of salary, benefits, overtime, shift
premium, statut01y holiday payouts, prisoner transportation, court security (if
applicable), and accommodation/cleaning (if applicable); and

(ii) a year-end adjustment reconciling salary, benefits, overtime, shift premium,
statut01y holiday payouts, prisoner transportation, court security (if applicable),
and accommodation/cleaning (if applicable) costs to those billed for the preceding
year.

(b) “Board” means Township of Augusta Police Services Board.

(c) “Commissioner” means the Commissioner of the O.P.P.

(d) “Detachment Commander” means the O.P.P. officer in charge of Grenville County
Detachments.

General Provisions

3. Ontario shall provide adequate and effective police services in accordance 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 under this Agreement in
accordance with this Agreement.

4. The Commissioner shall ensure that the Detachment Commander responds appropriately
to the Board’s objectives and priorities for police services, developed after consultation
with the Detachment Commander, pursuant to s. 10(9)(b) of the Police Services Act.

5. The Commissioner shall cause the Detachment Commander or his or her designate to
report to the Board at mutually agreed upon intervals in accordance with the Police
Services Act regarding the provision of police services in and for the Municipality. The
O.P.P. will determine the information to be contained in the reports and the format in
which they will be provided.

6. (a) For the purposes of s. 10(6) of the Police Services Act, the O.P.P. shall provide police
services to the Municipality, including the enforcement of mutually agreed upon bylaws.
The parties shall review this part of the agreement alll1ually, with 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’s Building Code
inspector and those by-laws related to animal control will not form part of this
Agreement.

7. The parties agree that sections 132 and 133 of the Police Services Act will be applied as if
the Grenville County Detachment of the O.P.P. was a municipal police force, and as if the
Detachment Commander was a Chief of Police.

Service Levels

8. (a) Ontario shall cause the Commissioner to assign police officers and other persons to
duties relating to the police services in and for the Municipality so as to provide the
municipality adequate and effective policing services.

(b) Where the Municipality receives dedicated enhancement positions, it shall be
responsible for all costs associated with those dedicated resources. In the event that the
Municipality decides to reduce the number of enhancement positions, it shall provide
Ontario with at least one year’s prior written notice and shall be responsible for all
costs associated with such reduction.

Liability of Ontario

9. The O.P.P. shall be liable for any damages that may arise as a result of any negligent acts
or omissions of its members in the performance of this Agreement.

Provincial Services Usage

10. The O.P.P. as legislated by the Police Services Act, must be capable of providing
provincial level response that can be mobilized for emergencies, disaster or specialized
needs. The O.P.P. may meet this requirement by deploying resources that normally would
be assigned to the Detachment that serves the Municipality. The O.P.P. shall ensure that in
the event resources are deployed to a situation requiring provincial level response,
appropriate resources remain available to the Detachment to provide adequate and
effective policing to the Municipality. The use of O.P.P. officers in cases where there is a
provincial obligation to respond will be accounted for as part of the billing model.

Equipment and Facilities

11. Ontario shall supply or cause to be supplied all vehicles and equipment reasonably
necessary and appropriate for the use of the 0 .P .P. in providing police services under this
Agreement.

12. The parties will enter into negotiations concerning the provision and payment of
appropriate buildings and rental agreements, including, but not limited to, location,
leasehold improvements, and capital costs, where applicable.

Adequacy Standards Regulation

13. The O.P.P. shall undertake and be responsible for ensuring that all mandatory standards of
adequate and effective police services as required by Ontario Regulation 3/99 under the
Police Services Act are met and maintained.

14. The Detachment Commander shall provide the Board with reasonable documentation, as
agreed upon between the Board and the O.P.P., to allow the Board to evaluate the services
and satisfy itself that adequate and effective standards and policies are in place.

15. It shall be the responsibility of the Board to monitor the delivery of police services to
ensure that the provisions of the Ontario Regulation 3/99 under the Police Services Act are
satisfied on an ongoing basis.
Cost of Police Services

16. (a) On or before October 01’1 in each year, Ontario shall prepare and deliver to the
Municipality for review and approval, the Annual Billing Statement for the following
year, together with sufficient documentation and information reasonably necessary to
explain and support the billing.

(b) The Municipality shall review the Annual Billing Statement upon receipt m1d, within
90 days of such receipt, shall approve the Annual Billing Statement or deliver to
Ontario a request to review the Annual Billing Statement.

17. (a) In the event that the Municipality fails to approve or request a review of the Annual
Billing Statement within 90 days of receipt, the Municipality shall be deemed to have
approved the Annual Billing Statement.

(b) In the event that the Municipality requests a review of the Annual Billing Statement as
provided in this paragraph, the Annual Billing Statement shall be approved, or
amended and approved in accordance with Section 18.

18. Where the Municipality has delivered to Ontario a request to review the Annual Billing
Statement, Ontario shall carry it out expeditiously, and Ontario shall cooperate to permit
such a review to be carried out. If the parties are unable to agree on the Annual Billing
Statement, either party may submit the matter to the dispute resolution mechm1isms set out
in paragraphs 22 m1d 23. In the event that the Municipality delivers a request to review to
Ontario, the Annual Billing Statement shall be deemed to apply during the period of
review.

19. The Municipality shall make monthly installment payments to Ontario due no later than 30
days following receipt by the Municipality of each monthly invoice, each one being one
twelfth of the Annual Billing Statement for that year. Any amounts which have become
due and owing shall hem· interest at the rate set by the Minister of Finance from time to
time.

20. Ontario shall keep all records, statements of account, invoices and any other such
documents necessary to support the Annual Billing Statement, and all such records shall be
kept for a period of seven years. Ontario shall pem1it the Municipality, upon notice to
Ontario, to examine all such records and books of account and conduct a review of the
A1mual Billing Statement.

21. Upon the approval or deemed approval of the Annual Billing Statement, as provided in
this Agreement, adjustments shall be made in the amounts paid by the Municipality by
installment so that (i) the total amount paid in respect of the preceding year is equal to the
amount shown on the approved Annual Billing Statement and (ii) the installments for the
year following the year in which the statement is prepared are each equal to one twelfth of
the approved Annual Billing Statement. Any amounts payable by one party to the other
shall be paid to the appropriate party in the remaining monthly billings for the year
following the year in which the statement is prepared.

Dispute Resolution Mechanisms

22. (a) The provisions of this paragraph apply in the event of a dispute between the
Municipality and Ontario concerning financial m1d 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 issues
arising out of the interpretation, application, administration, or alleged violation of this
Agreement (“Policing Disputes”).

(b) In the event that a dispute arises, the Detachment Conn11ander, or representative, and
the Municipality or the Board, as the case may be, or their representative, shall meet
within 30 days of such dispute arising, and use all best good faith efforts to resolve the
dispute.

(c) If the dispute remains w1resolved, the Regional Conm1m1der, or representative, 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 Commissioner, 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 a Financial Dispute remains unresolved, the issue may be refe1red to mediation by
either party, and each party shall use all good faith efforts to resolve the dispute.

23. (a) Financial Disputes that cannot be resolved through any of the methods described
within paragraph 22, may be referred to and settled by binding arbitration. The
provisions of the Arbitration Act, 1991 shall apply to m1y such arbitration, unless
otherwise indicated below:

(i) The language of the arbitration shall be English.

(ii) The place of the arbitration shall be the Township of Augusta

(iii) Each party agrees that the arbitration shall be conducted in a summary manner to
ensure a full hearing in a cost effective and efficient manner.

(iv) Each party shall make prompt full disclosure to the other and, subject to the
availability of an arbitrator the arbitration shall be commenced within 30 days of
the conclusion of the meeting with the Commissioner, or the mediator, if
applicable.

(v) Each party shall be responsible for its own legal expenses and for an equal share
of the fees and expenses of the arbitration and any other related expenses. Section
54 of the Arbitration Act shall not apply; the arbitrator shall 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.

(b) Policing Disputes shall not be subject to mediation or arbitration.

(c) Neither party shall be entitled to proceed to mediation or arbitration until all of the
meetings referred to in paragraph 22 have been held, and each party undertakes to
exert all best good faith efforts to resolve the dispute in those meetings.

(d) Mediations or arbitration of disputes conducted under this Agreement shall remain
closed to the public. All parties to any dispute shall keep all details, admissions or
communications made in the course of the dispute resolution process strictly
confidential, nor shall such information be admissible in any legal proceeding, except
as follows:

(i) on consent of all parties;

(ii) as may be ordered by a court of competent jurisdiction;

(iii) the final decision of the arbitrator may be released.

(e) Each of the meetings outlined in paragraph 22 shall be commenced no earlier than 15
days, and concluded no more than 30 days, from the conclusion of the prior stage
unless the parties otherwise agree.

(f) Notwithstanding any of the above provisions, nothing in this Agreement shall be
construed so as to give the Municipality or the Board the right to alter any policy of tl1e
O.P.P. or the Ministry. Nothing in this Agreement shall be construed so as to give the
Municipality or the Board, the right to supersede or vary the duties and obligations of
the Solicitor General pursuant to s. 3(2) of tl1e Police Services Act, or of the
Commissioner pursuant to s. 17 and s. 41 of the Police Services Act, and further, the
rights of the Municipality and the Board pursuant to the Agreement are subject to tl1e
Municipality’s obligations under s. 4 of the Police Services Act.

Detachment Commander Selection

24. The Detaclm1ent Conm1ander shall be selected from a short-listed pool of candidates as
determined by the OPP in accordance with its relevant provincial policies. Following the
formulation of the short-list, a joint committee consisting of Board members and persons
nominated by the Commissioner, shall select the successful candidate in accordance with
the process set out in the OPP’s provincial policies.

Notice

25. Any notice, statement, invoice or account to be delivered or given by any of the below
listed groups to any other of them shall be delivered to such groups using the delive1y
methods as listed below. Any notice, statement, invoice or account sent by mail shall be
deemed to be received on the third day following the date of mailing unless shown to the
contrary, and if sent by fax or by email, it shall be deemed to be received on the date it was
sent. Any group may change its contact information by giving notice provided herein:

(a) by mail to Ontario addressed to: The Minister of Community Safety and Correctional
Services, 25 Grosvenor Street, 11th Floor, Toronto, Ontario, M7A 1Y6, or by fax to
(416) 325-6067.

(b) by mail to the Commissioner addressed to: The Commissioner, Ontario Provincial
Police, 777 Memorial Avenue, Orillia, Ontario, L3V 7V3, to the attention of the
Manager, Municipal Policing Bureau, by fax to (705) 330-4191, or by email to
opp.municipalpolicing@opp.ca

(c) by mail to the Municipality addressed to: The Mayor, Township of Augusta, 3560
County Road 26, R.R. #2, Prescott, Ontario, KOE ITO, or by fax to (613) 925-3499

(d) by mail to the Board addressed to: The Township of Augusta Police Services Board,
3560 County Road 26, R.R. #2, Prescott, Ontario, KOE ITO, or by fax to (613)
925-3499

Commencement and Termination of Agreement

26. Notwithstanding the date upon which this Agreement is signed, the term of this Agreement
shall commence on the 01st day of January 2019, and shall conclude on the 31st day of
December 2022.

27. Either party to this Agreement may terminate this Agreement upon one year written notice
of termination to the other party, in which case this Agreement shall te1minate one year
following the delive1y 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 services
under this contract to, and including the date of such termination and Ontario shall
continue to be responsible to provide the services outlined in this Agreement.

28. Should the Municipality’s designated responsibility to provide policing under the Police
Services Act be changed, either by statute or government interpretation, the Municipality
maintains its right upon being so informed to give written notice of its intention to
terminate this Agreement forthwith.

Entire Agreement

29. This Agreement at1d the schedules attached constitute the entire Agreement between the
parties, and there are no representations, WatTat1ties, collateral agreements or conditions
affecting this Agreement or the relationship of the parties or supported hereby other than
as expressed herein in writing. Any amendment to this Agreement must be in writing, duly
executed by the parties.

IN WITNESS WHEREOF, the Municipality has affixed its Corporate Seal attested by the
signature of its duly authorized signing officers, and the Deputy Minister of Community Safety,
Minist1y of Community Safety and Correctional Services has personally signed this Agreement
to be effective as of the date set out herein.

FOR ONTARIO

Signed by Deputy Minister of Community Safety

FOR THE MUNICIPALITY

Signed by Mayor Doug Malanka and Clerk Annette Simonian

Date signed by the Municipality:  12 December 2018

SCHEDULE “A”
BY-LAW OF THE MUNICIPAL COUNCIL

SCHEDULE “B”
PROPOSAL FOR POLICE SERVICES

The Township of Augusta
Contract Policing Proposal
Prepared by: Sergeant Josee Sabourin
Ontario Provincial Police
Municipal Policing Bureau
Date: October 11, 2018

Executive Summary

The Ontario Provincial Police (OPP) has over 100 years of experience in providing effective
community-based policing and protection throughout Ontario. The OPP has provided municipal police
services under contract for over 70 years and currently maintains contracts with over 140 communities
across Ontario.

The Township of Augusta requested a contract proposal for OPP municipal policing. This proposal is
based on the OPP Billing Model, with the Township paying an amount equal to the sum of its allocated
portion of the OPP’s total municipal policing Base and Calls for Service costs, as well as the costs for
Overtime, Prisoner Transportation, Court Security, and Accommodation/Cleaning Services as
applicable. Where a municipality chooses to receive police services from the OPP pursuant to a
contract, the OPP will provide the level of police services required to provide adequate and effective
policing, including providing the services set out in Regulation 3/99, Adequacy and Effectiveness of
Police Services under the Police Services Act.

This proposal reflects the integrated policing concept, incorporating a police services contract for the
Township of Augusta with OPP highway patrol services and provincial responsibilities under one
administration. The resources will be deployed to the municipality from the Grenville County OPP
Detachments.

The Grenville County OPP Detachment Commander will be responsible to oversee all aspects of
service delivery. The detachment management including Staff Sergeant(s) and Sergeant I Platoon
Leaders as applicable will provide assistance and supervision to members of the Grenville County
Detachments.

It is the intent to maintain all existing community service programs and community policing committees,
in consultation with the Police Services Board.

Any new community service program considered may be implemented after consultation with the
Township of Augusta Council, the Township’s Police Services Board and the Grenville County OPP
Detachment Commander.

When a municipality chooses to receive police services from the OPP under contract, the OPP will
ensure that the municipality receives adequate and effective police services in accordance with the
Police Services Act and Regulations. The shared infrastructure of the OPP broadens local access to
resources, expertise, solutions, training and management without duplicating services. The Township
of Augusta will continue to benefit as additional staff are readily available from within the Grenville
County OPP Detachments as well as neighboring detachments and regions, should the need arise.

The Township of Augusta will be required to maintain a Police Services Board, as mandated by
Section 10 of the Police Services Act that will generally determine objectives and priorities for police
services within the community, after consultation with the Detachment Commander. The
Commissioner is committed to ensuring that the Detachment Commander of the Grenville County OPP
Detachments responds appropriately to the Board’s advice and priorities in a manner consistent with
the Board’s identified concerns, expectations and needs.

It is long-standing OPP policy and practice to be accountable to the communities we serve. The
Commander of the Grenville County OPP Detachments, or designee, will report 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 over 100 contracts currently in place and future
contracts pending, there is great emphasis placed on OPP accountability to Police Services Boards.

The OPP is required to provide provincial level emergency response that can be mobilized in times of
emergency, disaster or a specialized investigative need. The OPP meets such emergent needs, on an
on-call, as-needed basis, by deploying small numbers of officers from multiple locations and
assignments, both provincial and municipal. During such times, the OPP is responsible to ensure that
appropriate resources remain in place to make certain the municipality receives adequate and effective
police services in accordance with the Police Services Act and Regulations. The use of OPP officers in
cases where there is a provincial obligation to respond will be accounted for as part of the billing
model.

If the Township of Augusta chooses to accept an OPP contract for its policing service, the Grenville
County OPP Detachment Commander will assign resources, focusing on meeting the Township’s
unique policing needs.

Value for the Township of Augusta:

• Assurance of adequacy and effectiveness of police services;
• Dedication to resolving community issues through local involvement and community policing
committees;
• Availability of additional staffing support from neighbouring detachments, regional headquarters
and general headquarters;
• Work with the Detachment Commander in determining the local policing priorities and
objectives through the Township’s Police Services Board; and
• Access to a comprehensive infrastructure and specialized services

The estimated policing cost for 2019 associated to this proposal as presented in the Annual Billing
Statement is $1,034,929. This amount is reflective of the most current cost estimates under the OPP
Billing Model, exclusive of the year-end adjustments.

The year-end adjustment for the year 2017 totalling $-10,718 is listed separately from the 2019
estimated cost, but forms part of the Grand Total Billing as shown near the bottom of the Annual Billing
Statement.

Not included in this proposal are:

• The cost of maintaining the Police Services Board
• Any applicable revenues accruing to the municipality as a result of police activity

OPP 2019 Annual Billing Statement

OPP Contacts

Please forward any questions or concerns to Inspector June Dobson, Detachment
Commander, Grenville County Detachments, or Sergeant Josee Sabourin, Municipal
Policing Specialist, Municipal Policing Bureau, OPP General Headquarters.

Inspector June Dobson
Sergeant Josee Sabourin
(613) 925-4221
(705) 329-6238