This document can be made available in other accessible formats as soon as practicable and upon request
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1 This document can be made available in other accessible formats as soon as practicable and upon request STAFF REPORT: Chief Administrative Officer REPORT TO: Committee of the Whole MEETING DATE: December 8, 2014 REPORT NO.: CAO SUBJECT: New OPP Contract PREPARED BY: Troy Speck, CAO A. Recommendations THAT Council receive Staff Report CAO.14.15, entitled New OPP Contract for information purposes; THAT, subject to review and approval by the Town s CAO, Acting Director of Finance & IT, and Town solicitor, Council authorize the Mayor and Clerk to enter into a new contract with the Ontario Provincial Police for policing service as outlined in the 2015 Municipal Billing Statement Ontario Provincial Police, dated September 29, 2014, with the exception that the 0.44 Part Time Constable position be removed from the complement. AND THAT such contract be substantially in the form as per Appendix B to Report CAO.14.15, and the term of the contract be for a period of six (6) years, beginning January 1, B. Background Report CAO (copy attached as Appendix A ) outlined the recent history of the Town s policing contract with the Ontario Provincial Police (OPP), as well as the province s recent review and amendments to the OPP billing model for municipalities. Also appended to that report is the Town s 2015 Municipal Policing Billing Statement Ontario Provincial Police (OPP) (the 2015 OPP Billing Statement ) dated September 29, 2014, which provides and explains what the Town s 2015 OPP policing service would cost under the new billing model. As outlined in report CAO.14.11, the proposed 2015 cost to the Town would be $159,000 less than had been included in the Town s 3- year budget forecast for 2015 policing. Attached to this current report as Appendix B is a copy of the new OPP contract template, which will be reviewed by the Town s solicitor, though there is typically little if any room to request changes to the contract format, as it has been provincially vetted and approved for use with all municipalities. Desired Service Level It was only last year that the Town underwent a considerable review of its OPP policing options, including providing information to the public via Council meetings, the Town s website and a public open house, as well as soliciting feedback from the public generally, and through a public meeting. Through that process, Council arrived at a
2 Committee of the Whole December 8, 2014 CAO Page 2 of 4 resolution to renew a policing contract with the OPP that included a status quo policing service level - a decision that was supported by both the Town s Police Services Board and the Community Policing Committee. It is that status quo service level that is outlined in the September 29, 2015 OPP Billing Statement. In order to refresh the memories of members of Council, attached to this report as Appendix C is a copy of the document entitled Explanation of 2013 OPP Costing Options for Town of The Blue Mountains, which was part of the information provided to Council and the Public at the time. The service level referenced in Appendix C as 2013 Contract Option # 1 is the service level ultimately approved by Council, and is the service level reflected in the 2015 OPP Billing Statement. Contract Length Whereas previous OPP contracts were restricted to 5-year terms only, the OPP have advised that the municipality now has some options vis a vis contract length. They are: 1) Enter into either a 3, 4, 5, or 6-year contract; or 2) If the municipality wishes further time to review and consider options, they can enter into a 6-month contract, after which time a decision would have to be made about entering into a longer term contract. C. Analysis Desired Service Level Given that the review of desired service levels and feedback received from the Public was taken only last year, it is recommended that Council reconfirm that same desired policing service level by authorizing the Mayor and Clerk to enter into a new contract with the Ontario Provincial Police for policing service as outlined in the 2015 Municipal Billing Statement Ontario Provincial Police, dated September 29, 2014, with one exception, as outlined below. The status quo policing service level included a 0.44 Part Time constable. The author of this report is advised that, historically, the 0.44 Part Time constable was added to the Town s policing complement, as an enhancement, for traffic enforcement purposes. Apparently this had been due in large part to concerns that had been expressed regarding speeding in the area of the Highway 26 and Grey Road 40. Since that time, however, the OPP have added 2 dedicated traffic officers to the overall Collingwood detachment that they previously did not have, and whose patrol includes Highway 26 and GR 40. The OPP also advise that the 0.44 part-time position is currently vacant. In light of these changes, they feel that service levels to the Town would not be negatively impacted by removal of the 0.44 Part Time constable position. The 2015 cost of this position is $51,695, so its removal would result in a 2015 Town policing cost of $2,703,345, which is $210,695 less than had been included for policing cost in the Town s 3-year budget forecast.
3 Committee of the Whole December 8, 2014 CAO Page 3 of 4 It is recommended that the 0.44 Part Time Constable position be removed from the policing complement. Contract Length As indicated earlier in this report, with the new OPP contracts, we are told that the municipality is no longer limited to only 5-year contract terms. Council has the option of a 6-month contract (starting Jan. 1) if they want more time to review their options. Otherwise, we have been told the Town has the option of entering into either a 3, 4, 5 or 6-year contract with the OPP. Our Municipal Policing Bureau analyst has advised that, in 5 years time, the OPP will have 144 existing contracts that will be coming up for review/renewal, and so in terms of turnaround time that might not be the best time to be looking at renewing a contract. The new agreement template contains the same type of clause the old one did, which allows the municipality to cancel the agreement on one years notice. The billing formula is based on identifiable inputs, and not subject to negotiation or changes in cost due to length of contract. As such Staff see little, if any, advantage or disadvantage of one contract length versus another. If a longer term is selected, one issue that could conceivably arise mid-contract is a desire by the municipality to either add or remove enhanced service(s) to/from the contract. In such a case, presumably the OPP and the Town could either discuss and agree to the change or, if not, the Town still has the option under the agreement to cancel the contract on one-years notice, in which case a new contract could be entered into that reflects the desired change in service. It is therefore recommended that Council enter into a 6-year contract to reduce the administrative time and expense involved with renewing the contract more frequently. Members of Council are encouraged to review the attached report CAO and approach the CAO, Acting Director of Finance & IT and/or the Town s OPP Community liaison, Charlie Watts, with any questions or clarification required in advance of the Committee s meeting. D. The Blue Mountains Strategic Plan Within The Blue Mountains Sustainable Path document, under the Theme of Our Caring and Safe Community, one of the Goals identified is to: foster a safe environment for all members of the community considering their particular risk factors and needs. Maintaining and enhancing fire, security and emergency services and public safety is among the strategies and actions identified to achieve that Goal.
4 Committee of the Whole December 8, 2014 CAO Page 4 of 4 E. Environmental Impacts N/A F. Financial Impact Accepting the recommendations made in this report will result in a 2015 OPP policing cost of $2,703,345, which is $210,695 less than had been included for policing cost in the Town s 3-year budget forecast. G. In Consultation With Ruth Prince, Acting Director of Finance & IT John Trude, OPP Collingwood Detachment Commander Charlie Watts, Town s OPP Community Liaison David Brack, OPP Municipal Policing Bureau H. Attached Appendix A Appendix B Appendix C Report CAO.14.11, with attachments New OPP Contract Template Explanation of 2013 OPP Costing Options for Town of The Blue Mountains Respectfully submitted, Troy Speck Chief Administrative Officer
5 This document can be made available in other accessible formats as soon as practicable and upon request STAFF REPORT: Chief Administrative Officer REPORT TO: Council MEETING DATE: October 20, 2014 REPORT NO.: CAO SUBJECT: New OPP Billing Model PREPARED BY: Troy Speck, CAO A. Recommendations THAT Council receive Staff Report CAO.14.11, entitled New OPP Billing Model for information purposes; AND THAT staff return with a report to Council once further information is available regarding the Ontario Provincial Police new contract template and possible available contract lengths. B. Background The Town s 5-year contract with the Ontario Provincial Police (OPP) to provide policing service within the municipality was originally set to expire on December 31, After a considerable review of options and public feedback, on August 26, 2013, Council resolved as follows: THAT Council receive Staff Report CAO entitled Choosing an OPP Policing Option for their information purposes; and THAT Council advises the Ontario Provincial Police (OPP) and the Minister of Community Safety and Correctional Services that the Town wishes to proceed with a renewed policing contract with the Ontario Provincial Police (OPP), in accordance with the option that provides for fifteen (15) constables and maintaining the status quo of three (3) officers per shift, as presented by the OPP to Council at its meeting on April 8, 2013 as contract Option # 1; AND THAT as part of a renewed contract it is the understanding of the Town of The Blue Mountains that, in addition to all by-laws enforced by the OPP under its previous contract with the Town, under the renewed contract Option # 1, the OPP will also enforce all Town by-laws as determined by the Police Services Board in consultation with the Detachment Commander from time to time including, without limiting the foregoing, all by-law related to restrictions placed upon, and the licensing of, Short Term Accommodations within the Town, unanimously Carried. Subsequently, and before the new contract could be entered into, the province announced a review of the OPP s billing methods. This was a review aimed not at making changes to the way policing is done, or the resulting cost thereof. Rather, the review was geared toward looking at the existing cost of policing and whether that cost
6 COUNCIL October 20, 2014 CAO Page 2 of 5 was being shared equitably among Ontario municipalities who are policed by the OPP. Information from the province and the OPP at the time indicated that cost per household for OPP policing ranged anywhere from less than $100 per household for some municipalities, up to more than $1,000 per household for some other municipalities. As a result of the anticipated review, rather than enter into a new contract as previously decided, Council entered into an amending agreement with the OPP to extend the term of its previous OPP contract to December 31, 2014, applying the 2003 cost recovery formula for the 2013 year, and the 2013 cost-recovery formula starting January In August 2014, the province announced that the OPP had completed their billing review, the proposed new OPP billing model had been approved by Cabinet would be implemented beginning January On October 1, 2014, under the new billing model the Town received its 2015 Billing Statement and accompanying summaries, a copy of which are attached as Appendix A to this report. C. Analysis Based on experience with previous years billings, the Town s 2014 budget for OPP policing is $2,829,500. The 3-year budget forecast projected a 2015 budget of $2,914,500. Council will note that, under the new billing model, the Town s projected billing for OPP services, as we currently receive them (ie: including all enhancements), is $2,755,040. This represents approximately $159,000 less than forecast for How is it Calculated? In broad terms, the bulk of new Billing Model can be broken down as follows: Billing for Base Service 60.1 % Billing based on # of Calls for Service 39.9 % % The Town also incurs additional costs for Overtime; Contract Enhancements and Prisoner Security (explained in more detail below). Some municipalities also incur OPP costs for: Court Security; Accommodation; and Cleaning Services. Base Service Base Service includes cost related to proactive policing: ex. Routine patrols; crime prevention; RIDE programs; training; administration, etc. (based on a rolling 4-year average)
7 COUNCIL October 20, 2014 CAO Page 3 of 5 The total, province-wide cost of providing these base services has been totalled, and then divided by the total number of OPP-Policed Municipal properties, to arrive at a provincial Base Service Cost per property. The formula can be shown as: Total 2015 Municipal Base Services Cost _ = Base Service Cost per property Total # of Municipal OPP-policed properties OR $221,194,381 = $ per property 1,103,152 An individual municipality s base cost is calculated by multiplying the Base Service Cost per property by the total number of properties in that municipality. In the case of The Blue Mountains, there are a total of 7,468 properties (based on MPAC data re: 2012 year-end property counts). So, the Town s Base Service cost for 2015 = 7,468 x $ = $1,497,409 Calls for Service The province-wide cost of calls for service has been totalled (based on a 4-year rolling average cost). An individual municipality s Calls for Service cost is calculated by multiplying the provincial total by the percentage that municipality s calls for service represents of the total provincial calls. Total 2015 provincial Calls for Service cost: $138,122,392 x ToBM s % of total provincial Calls for service: ToBM s 2015 Calls for Service cost: $ 697,980 Additional Costs Overtime municipalities are to be billed for overtime resulting from occurrences within the municipality, and a portion of time that is not linked specifically to occurrences within the municipality (ex. training). Based on average overtime activity for 2012 and 2013, the Town s 2015 overtime billing is expected to be $88,537 Contract Enhancements Enhancements are services provided to the municipality over and above what the OPP determines is the minimum required to provide adequate and effective policing service to the municipality. The Blue Mountains currently receives the following contract enhancements, at an anticipated 2015 cost of $453,116: One additional Sergeant (Community Liaison) One additional Constable (Crime Prevention)
8 COUNCIL October 20, 2014 CAO Page 4 of 5 Part-time Constable (0.44 of a position) Detachment Admin. Clerk (Staff at Thornbury Station) Prisoner Transportation calculated based on 2013 activities, a per-property cost of $2.41. ToBM 2015 prisoner transportation cost = 7,468 properties x $2.41 = $17,998 Accordingly, the total 2015 OPP billing for The Blue Mountains will be: Base Service Cost $1,497,409 Calls for Service Cost 697,980 Overtime 88,537 Enhancements 453,116 Prisoner Transport 17,998 Total $2,755,040 Next Steps The Town s extended contract with the OPP will expire as of December 31, The OPP advise that they have just recently received the finalized version of their new contract template. They also advise that they are currently working with the province to determine if they can offer contracts with a term in the 3 6 year range, and that the length of new contracts being offered will be confirmed shortly. Once this information is available, the matter of renewing a contract with the OPP will be brought back to Council. D. The Blue Mountains Strategic Plan Providing a strong, well-managed Municipal Government. E. Environmental Impacts N/A F. Financial Impact Information provided by the OPP indicates that, for the 2015 billing year, the new OPP billing model will result in cost of $2,755,040 for the same level of service the municipality currently enjoys. This represents a $159,000 budget decrease below what had been forecast for OPP policing costs in G. In Consultation With Ruth Prince, Acting Director of Finance & IT
9 COUNCIL October 20, 2014 CAO Page 5 of 5 H. Attached Appendix A Letter dated September 29, 2014 and accompanying information package from OPP Municipal Policing Bureau. Respectfully submitted, Troy Speck Chief Administrative Officer
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35 The term of this Agreement, made in originally executed copies, is from the XX day of XXXX 201X, to the XX day of XXXX, 20XX. 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 1 ("Ontario") OF THE FIRST PART AND: XXXXXXXXXXXXXXXXXXX (the "Municipality") OF THE SECOND PART RECITALS: (a) (b) (c) (d) (e) 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; 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. 10 of the Act; 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; 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, dated (a copy of which is attached as Schedule "A"); 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 xxxxx, 20XX (attached as Schedule "B"); NOW THEREFORE, in consideration of the premises and covenants herein, the parties agree as follows:
36 2 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 Board for review and to the Municipality for review and approval which contains: (i) the Municipality s police costs for the year following the year in which the statement is prepared, based on, among other items, an estimate of salary and benefit costs; and (ii) a reconciliation of actual salary and benefit costs to those billed for the preceding year. (b) Board means XXXXXX 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 XXXXXX Detachment. 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 by-
37 laws. The parties shall annually review this part of the Agreement with a view to revising or updating the list of by-laws requiring O.P.P. enforcement. 3 (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. Service Levels 7. (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) In the event that the Municipality requests services dedicated specifically to the municipality, it shall be responsible for all costs associated with those dedicated resources. Liability of Ontario 8. 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 9. The OPP 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 OPP 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 10. Ontario shall supply or cause to be supplied at Ontario's cost all vehicles and equipment reasonably necessary and appropriate for the use of the O.P.P. in providing police services under this Agreement. 11. 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. Adequacy Standards Regulation
38 12. 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. 13. 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. 14. 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 15. (a) On or before October 1 st in each year, Ontario shall prepare and deliver to the Board for review and to the Municipality for review and approval, the Annual Billing Statement for the following year (Schedule "C"), together with sufficient documentation and information reasonably necessary to explain and support the billing. 4 (b) The Municipality shall review the Annual Billing Statement upon receipt and, within 90 days of such receipt, shall approve the Annual Billing Statement or deliver to Ontario a request to review the Annual Billing Statement. 16. (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 Where the Municipality has delivered to Ontario a request to review the Annual Billing Statement, the Municipality 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 mechanisms set out in paragraphs 22 and 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. 18. The Municipality shall make monthly installment payments to Ontario no later than the end of the month following the month for which payment is being made, each one being one twelfth of the Annual Billing Statement for that year. Any amounts which have become due and owing shall bear interest at the rate set by the Minister of Finance from time to time. 19. 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
39 kept for a period of seven years. Ontario shall permit the Municipality, upon notice to Ontario, to examine all such records and books of account and conduct a review of the Annual Billing Statement. 20. 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 by means of a credit for the appropriate party in the remaining monthly billings for the year following the year in which the statement is prepared. 21. The parties agree that sections 132 and 133 of the Police Services Act will be applied as if the xxxxxx Detachment of the O.P.P. was a municipal police force, and as if the Detachment Commander was a Chief of Police. Dispute Resolution Mechanisms 22. (a) The provisions of this paragraph apply in the event of a dispute between 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 issues arising out of the interpretation, application, administration, or alleged violation of this Agreement ( Policing Disputes ). 5 (b) (c) In the event that a dispute arises, the Detachment Commander, 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. If the dispute remains unresolved, the Regional Commander, 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 referred 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 any such arbitration, unless otherwise indicated below:
40 6 i) The language of the arbitration shall be English. ii) The place of the arbitration shall be the xxxxxxxxxxx. 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) (c) (d) Policing Disputes shall not be subject to mediation or arbitration. Neither party shall be entitled to proceed to mediation or arbitration until all of the meetings referred to in paragraphs 22 have been held, and each party undertakes to exert all best good faith efforts to resolve the dispute in those meetings. Mediations or arbitrations 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 the 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 supercede or vary the duties and obligations of the Solicitor General pursuant to s. 3(2) of the 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 the Municipality s obligations under s. 4 of the Police Services Act.
41 7 Detachment Commander Selection 24. The Detachment Commander 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 all other groups in writing and sent by mail addressed to those groups at their respective address as listed below, or sent by fax transmission to the fax number 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 shall be deemed to be received on the date of transmission. Any group may change its address and fax number by giving notice provided herein: i) to Ontario addressed to: The Minister of Community Safety and Correctional Services, 25 Grosvenor Street, 11 th Floor, Toronto, Ontario, M7A 1Y6, FAX number (416) ii) to the Commissioner addressed to: The Commissioner, Ontario Provincial Police, 777 Memorial Avenue, Orillia, Ontario, L3V 7V3, to the attention of the Manager, Contract Policing Section, FAX number (705) iii) iv) to the Municipality addressed to: The xxxxxxxxxxx, xxxxxx, xxxx Ontario, xxx xxx, FAX number (xxx) xxx-xxxx. to the Board addressed to: The xxxxxxxxxxxx Police Services Board, xxxxxxxxx, Ontario, xxx xxx, FAX number (xxx) xxx-xxxx Commencement and Termination of Agreement
42 26. Notwithstanding the date upon which this Agreement is signed, the term of this Agreement shall commence on the xxx day of xxxxx 201x, and shall conclude on the xxxx day of xxx xxxx. 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 terminate 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 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 and the schedules attached constitute the entire Agreement between the parties, and there are no representations, warranties, 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 Minister of Community Safety and Correctional Services has personally signed this Agreement to be effective as of the date set out herein. 8 FOR ONTARIO FOR THE MUNICIPALITY The Minister of Community Safety and Correctional Services Mayor, Reeve, etc. (as appropriate) Chief Administrative Officer, or Clerk (as appropriate) Date signed by the Municipality: SCHEDULE A
43 BY-LAW OF THE MUNICIPAL COUNCIL
44 SCHEDULE B PROPOSAL FOR POLICE SERVICES
45 SCHEDULE C ANNUAL BILLING STATEMENT
46 Explanation of 2013 OPP Costing Options for Town of The Blue Mountains There are 3 significant areas where the 2013 options presented by the OPP differ from each other, and from the previous contract with the OPP. They are: A Constable resources paid for by grant B Overall number of Constables available to The Blue Mountains C Resources dedicated to The Blue Mountains Each of these, along with anticipated impacts of the differences, are explained further below. A Constables paid for by grant During the term of the previous contract, 5-year funding known as the Police Officers Recruiting Fund (P.O.R.F.)was made available by the federal and provincial governments for municipalities under contract with the O.P.P. (not available to s. 5.1 municipalities). This funding paid the cost of 2 additional constables for The Blue Mountains. This grant funding ended as of April 1, 2013 and has not been renewed. As such, while the OPP proposals show the current number of full-time Constables (ie: under the most recent contract) as being 15.0, in actual fact The Blue Mountains has been receiving the service of 17.0 full-time Constables for the past 5 years, though only paying for 15.0 Constables. B Overall number of Constables available to The Blue Mountains Each of the proposals presented by the OPP contains a different number of Constables (Cst.) available to The Blue Mountains*: Contracted # of Cst. Actual Available Cst. Difference (Full & Part-time) (Full & Part-time) in # of Cst. Current ( Contract) ** Contract Option # Contract Option # Contract Option # s. 5.1 (non-contract) Option *Includes both full and part-time Constables **Includes 2.0 Constables under P.O.R.F. Funding 1
47 C Resources dedicated to The Blue Mountains Contract Options # 1 and #2 call for the continued use of the Thornbury detachment station, including a Sergeant dedicated to The Blue Mountains, and a detachment administrative clerk. Both contract Option # 3 and the s. 5.1 (non-contract) options eliminate the Sergeant position dedicated to The Blue Mountains. While the proposals initially submitted to the Town by the OPP indicated that contract Option # 3 and the s. 5.1 (non-contract) option may still allow for the presence of an administrative clerk at the Thornbury detachment station, in subsequent discussion the Detachment Commander has indicated this will not be possible under those two options, due to concerns regarding the safety of a civilian employee working alone in such a setting. In both the contract option # 3 and the s. 5.1 option, the Thornbury detachment station will be closed and all administration will be done in Collingwood. Anticipated Impacts Coverage The OPP operate on the basis of two 12-hour shifts per day in The Blue Mountains. Given the total number of constabulary resources available, the detachment Commander advises that the following officer compliment will be available per shift under the various options: Current ( contract) 3 officers/shift 2013 Contract Option # 1 3 officers/shift 2013 Contract Option # 2 2 officers/shift 2013 Contract Option # 3 2 officers/shift Under the s. 5.1 Non-Contract Option - while two officers would be assigned to a shift, if they were removed from the area for Provincial issues, gone to court or following up investigations on other matters outside the area, they would not be replaced. Should a call for service be received, officers from Collingwood would be sent and billed back accordingly. The biggest casualty of this option is the deterrence and prevention of having a uniform presence in the area. While there is obviously a savings for not paying for the presence of the officer(s), there is also the detriment of not having the officer presence in the community. 2
48 With the loss of the P.O.R.F. funding, even under contract Option # 1, the OPP Detachment Commander believes there may not be sufficient resources to go ahead with the proposed satellite OPP station in the Blue Mountain Village. He also advises that the busiest areas of the Town to patrol are the Craigleith, Tyrolean Village and Blue Mountain Village areas. As such, under scenarios with only two officers per shift, this is where they would likely spend most of their time. Considering that there are 288 square kilometres to be covered in The Blue Mountains, and that officer safety may often require two officers to respond to a call, especially at night or for calls of a serious nature, it is anticipated that, as compared to Option # 1, the remaining options will result in: - calls being prioritized - mischief and liquor offences will be lower priorities than more serious offences (ex. domestic violence); - increased response times; - lesser visibility/deterrence; and - municipal by-law enforcement being prioritized further down the list (and not being enforced at all by the OPP, under the s. 5.1 option). Local OPP Participation/Integration Under each of the three contract options, the Town would continue to have a Police Services Board (PSB), which determines local policing policy. Under the s. 5.1 (non-contract) option, there would no longer be a PSB, but the Town can have or be part of a Community Policing Advisory Committee (CPAC) that can meet with and advise the Detachment commander, but there is no formal obligation on the Detachment commander to adopt any of the CPAC s recommendations. With the availability of a locally dedicated Sergeant, the OPP have been able to have a more integrated relationship with the community. For example, when an OPP presence is sought to sit on something like an STA committee, or the local Community Policing Committee; or to work with Town staff on event preparation and projects like Share the Road, the dedicated Sergeant plays that role. Under contract Option # 3, or the s. 5.1 (non-contract) options, continuing to have that presence available will mean pulling one of the patrolling officers off the road. If a call is received during a meeting, the officer may be required to leave the meeting. Proactive Programs, Prevention and Funding The OPP advise that, in contract situations the OPP are mandated to provide a number of proactive programs, aimed at educating youth and stopping crimes before they occur. In a s. 5.1 (non-contract) situation, these programs are not mandated, and would be up to the discretion of the detachment Commander, depending upon funding and resource availability. These programs include things like: - Drug and Alcohol Resistance Education (D.A.R.E.) 3
49 - Anti-Bullying - Cyber-Bullying - Bus Patroller safety - Bicycle Rodeo In addition, municipalities under contract are available for any additional funding that may arise, such as the P.O.R.F. funding discussed earlier, or funding for additional RIDE programs. By-Law Enforcement As identified above, even under contract options # 2 and #3, with a reduction in number of officers from 3 down to 2, municipal by-law enforcement will become a lower priority response. Under a s. 5.1 (non-contract) option, the OPP will not enforce municipal by-laws at all. Currently, the OPP take approx calls per year in Town of The Blue Mountains, and approximately 350 (11%) of those are by-law enforcement calls. Staff estimate that moving to a s. 5.1 scenario where the OPP do not enforce municipal by-laws would result in at least one additional dedicated by-law enforcement officer, over and above the existing 2 (plus the anticipated new STA enforcement officer), for a total increase of 42.5 hours per week. Further, given the lower priority response for By-law Enforcement matters under Contract options # 2 and #3, it is likely that to respond to demands for service in a reasonable timeline that at least one additional dedicated by-law enforcement officer, over and above the existing 2 (plus the anticipated new STA enforcement officer) will likely be required. In addition, currently the OPP assist with the alarm by-law information processing - as we are under contract they can fulfill the transfer of that information. On conversion to a s. 5.1, alternative arrangements would be required. For example, the Town would have to make an FOI request for statistics, which would go to the OPP s North Bay office for processing. This would likely take an additional days to process, thus not impacting our ability to retrieve information, but extending the timelines within which information is available. One might think that in reducing the number of by-law enforcement calls responded to by 11%, a lesser OPP presence would be required. However, the weighted calls-for-service model used by the OPP to calculate required resources considers only Criminal Code and highway-traffic related calls. As such, whether the number of by-law enforcement related calls is 350 or zero, will not impact the amount of resources required to provide effective and efficient policing service. 4
50 Convenience of the Thornbury OPP Station Members of the public attend the OPP detachment station in Thornbury for any number of reasons. During the 2012 year, the following attendances occurred***: Criminal Record Processing Fingerprinting 30 Pension Verifications 15 For Assistance/ Directions 30 Appointments with Sgt. Watts 30 Lost/Found Property/Plate Declarations 120 Use of Board Room MNR 20 Use of Board Room - Comm Policing 40 Use of Interview Room Probation & Parole 5 Tours Schools/Sparks/Brownies 20 Total 800 *** this does not include anyone officers had attend after business hours or on weekends. ++ this includes criminal record checks required by volunteer groups and employers. Under contract Option # 3 and the s. 5.1 (non-contract) options, anyone needing these services will be required to travel to the Collingwood detachment. 5
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