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1999-032 To Enter into Agreement with the Corporation of the City of Barrie to provide services under the provisions of Bill 108 an Act to Deal with the Prosecution of Provincial Offences, to reduce . ."'.,''^- . . e - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 99- 32 BEING A BY-LAW TO ENTER INTO AGREEMENT WITH THE CORPORATION OF THE CITY OF BARRIE TO PROVIDE SERVICES UNDER THE PROVISIONS OF BILL 108, AN ACT TO DEAL WITH THE PROSECUTION OF PROVINCIAL OFFENCES, TO REDUCE DUPLICATION AND TO STREAMLINE ADMINISTRATION. WHEREAS the Bill 108, "An Act to deal with the prosecution of certain provincial offences, to reduce duplication and to streamline administration" was passed by the Province of Ontario and received Royal Assent, June 11, 1998; AND WHEREAS Bill 1 08 amends the Provincial Offences Act to address local justice matters; AND WHEREAS The Corporation of the City of Barrie has proposed to provide necessary services to municipalities in the Orillia Court Catchment Area, as required and set out in legislation and in accordance with the agreement to be executed between the City of Barrie and the Province of Ontario; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, ENACTS AS FOLLOWS: 1 . THAT The Corporation of the Township of Oro-Medonte enter into agreement with the City of Barrie for the provisions of services as required under the provisions of Bill 108 in the form and manner of Appendix A attached hereto. 2. That the Mayor and Clerk be authorized to duly execute this agreement. 3. That this By-law shall come into force and effect immediately upon final passing. BY-LAW READ A FIRST AND SECOND TIME THIS 7th DAY OF APRIL, 1999. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF APRIL, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE <7 7'""\ ,/ :':;.t: <;!,f,'/t"w.~ ~::, "{',,,:--- Mayor, Ian Beard AL ,,""/ ,/ Z~""At,_, ~ ~ Clerk, Lynda Aiken . t. INTERMUNICIPAL SERVICE AGREEMENT PROVINCIAL OFFENCES ACT TillS AGREEMENT DATED this day of ,1999. BETWEEN: . THE CORPORATION OF THE CITY OF BARRIE Hereinafter called the "City" ~ and - THE CATCHMENT AREA PARTNERS, being BARRIE CATCHMENT AREA: THE CORPORATION OF THE TOWNSHIP OF ADJALA- TOSORONTIO THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY THE CORPORATION OF THE TOWNSHIP OF CLEARVIEW THE CORPORATION OF THE TOWN OF COLLINGWOOD THE CORPORATION OF THE TOWNSHIP OF ESSA THE CORPORATION OF THE TOWN OF INNISFIL THE CORPORATION OF THE TOWN OF NEW TECUMSETH THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE THE CORPORATION OF THE TOWNSHIP OF SPRINGW ATER THE CORPORATION OF THE TOWN OF W ASAGA BEACH ORILLIA CATCHMENT AREA: BEAUSOLEIL FIRST NATION CHIPPEWAS OF MNJIKANlNG FIRST NATION THE CORPORATION OF THE TOWN OF MIDLAND THE CORPORATION OF THE CITY OF ORILLIA THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE THE CORPORATION OF THE TOWN OF PENET ANGUISHENE THE CORPORATION OF THE TOWNSHIP OF RAMARA THE CORPORATION OF THE TOWNSHIP OF SEVERN THE CORPORATION OF THE TOWNSHIP OF TAY THE CORPORATION OF THE TOWNSHIP OF TINY Hereinafter called "the Partners" - and - THE CORPORATION OF THE COUNTY OF SIMCOE .. .I ~ I ' .. ' INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 2 All of which are collectively referred to herein as the "Parties" WHEREAS: . the Province requires an Intermunicipal Service Agreement (ISA) to be made in support of a Memorandum of Understanding (MOU) for the transfer of service delivery for all Court Administration and Court Support functions and the Provincial Offences Act and the prosecution of matters commenced under Parts I and II of the Act where not currently assumed by a partner; and, . · the Parties have agreed to the City being the Municipal Partner to effect the seamless transition of POA court administration and to sharing the net revenues on a municipal corporate basis amongst the Partners. NOW THEREFORE the Parties hereto agree as follows: 1. SCHEDULES Schedules A and B attached, form part of this agreement. 2. DEFINITIONS Municipal corporate basis when used in this agreement in relation to cost or revenue sharing means sharing on the basis that the Partner within whose boundary the offence occurs shall receive the net fine revenue and for purposes of this definition, the term Municipal includes First Nations. Provincial Offences Act when used in this Agreement means the Streamlining of Administration of Provincial Offences Act, 1997, S.O. 1998, Chapter 4.. Senior Prosecutor means the person designated by the City to be responsible for prosecutions. Transfer Agreement means the Memorandum of Understanding (called herein the MOD) and the Local Side Agreement (called herein the LSA) entered into between the City and the Attorney General under Part X of the Provincial Offences Act. 3. The City agrees to enter into a Memorandum ofDnderstanding with Her Majesty The Queen in Right of Ontario as requested by the Attorney General, for the City to be the Municipal Partner to the Public for court administration and court support functions under the Provincial Offences Act and the prosecution of matters commenced under Parts I and II of the Act, where not currently assumed by a Partner, upon terms acceptable to the City and as generally set out in the MOD. .../ . t " INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 3 4. PROVINCIAL OFFENCES ACT PANEL 4.1 The Parties agree to the establishment of a Provincial Offences Act Panel (the Panel) within each catchment area. a) The composition of the Panel for the Orillia Catchment Area will be the Chief Administrative Officer or designate from the City of Barrie and the Chief Administrative Officer or designate from each of the Partners within the Catchment Area. . b) The composition of the Panel for the Barrie Catchment Area will be the Chief Administrative Officer or designate from the City of Barrie and the Chief Administrative Officer or designate from each of the Partners within the Catchment Area. 4.2 The Panels will review and approve annual budget estimates related to services provided by the City under the Provincial Offences Act and will serve in the resolution of dispute process as set out under Article 9 to this Agreement. 4.3 In addition to its function set out under Clause 4.2, the Panels may, from time to time as requested by one or more Partners, report on levels of service. 4.4 The Panels shall function in accordance with the Terms of Reference set out under Schedule B. 5. EACH PARTNER: a) acknowledges the receipt of, and the opportunity to review, the Memorandum of Understanding; and b) agrees to be strictly bound by each of the MOU terms that relate to the Partner, as if each covenant was set out herein, so as to maintain the integrity of, and public confidence in, prosecutions and the administration of justice; and c) acknowledges that the estimated costs and revenues provided by the Province are based on estimates only and that neither the Partners nor the City can rely on the accuracy of such estimates; and d) agrees to the appointment of the CAO's or designates as prescribed, to the Panel. e) agrees that for purposes of this Agreement as it relates to the sharing of revenues and costs, and use of the Panel, that the City shall be considered a Partner within the Barrie Catchment Area. .. .I .' INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 4 6. THE CITY AGREES TO: a) in accordance with the MOD provide: i) . ii) iii) the administration, court support and prosecution relating to proceedings commenced under Part I of the Act; and any remaining administration, court support and prosecution of proceedings commenced under Part II of the Act that was carried out by the Attorney General prior to this Agreement; and the administration and court support relating to the proceedings under Part III of the Act; and b) share with the Partners on a municipal corporate basis, the net POA revenues in accordance with Schedule A on a quarterly basis based on estimated revenues and expenses; and c) provide a year end reconciliation ofthe actual costs and revenues provided by the City under Bill 108; d) report to the Panel within 30 days following the fiscal year end on December 31 as to estimated revenues and expenses for the coming year, to consider any recommendations made by the Panel, and that in the event the Parties cannot agree on the estimated costs of Operation, recommend proceeding to dispute resolution commencing the process at 9.9. e) consult with the affected Partner( s) and advise the appropriate Panel when significant change to a service level is proposed and further, should a dispute arise resulting from the proposed change, agrees that the change will not proceed until the dispute resolution process has reached conclusion. 7. REVENUE 7.1 The City shall collect fines, costs and surcharges and enforce their payment in accordance with Section 165(1) of the Act. Collection and enforcement and disbursement of revenue are to be carried out in accordance with the Transfer Agreement and this Agreement. 7.2 The Parties agree that the sharing of revenues and expenses between the City and each of the Partners shall be based upon the formula set out in Schedule "A". 8. REPORTS AND ACCOUNTING 8.1 All monies received by the City in respect of fines, costs, surcharges pursuant to this Agreement are to be separately and clearly identified in the financial records of the City and are subject to an annual audit for the review of the Panel. .../ INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 5 8.2 Each Partner shall be entitled to review the financial records maintained by the City that relates to all services provided by the City under the Provincial Offences Act. 9. DISPUTE RESOLUTION 9.1 The Partners and the City agree to foster and participate in a co-operative approach to disputes arising under the ISA. The Partners and the City also agree that all reasonable efforts will be made to resolve disputes informally and amicably at an early stage. . 9.2 In the event that a dispute arises between a Partner and the City with respect to the terms and conditions of the ISA, or with respect to a service level issue, the Partners and the City agree to use the mechanism set out in this Section to resolve the dispute. 9.3 The provisions of this Section do not apply to issues governed by the Ministry of the Attorney General, the provisions and obligations under the MOU or LSA or any issues relating to the judiciary, principles of justice, or corporate management issues of the City, or issues related to budget unless the dispute is supported by the majority of Partners in a Catchment Area. 9.4 In the event that a dispute or concern arises between a Partner and the City, and such dispute or concern can not be resolved through initial discussion between the City and the Partner, such dispute or concern will be referred to the appropriate Panel. 9.5 The members of the appropriate Panel will foster and assist in the resolution of the dispute and will make appropriate recommendations to the concerned Partner and the City in order to facilitate such resolution. 9.6 Where any dispute impacts more than one Partner, the Panel shall consult with each of the concerned Partners, as well as the City. 9.7 The Panel, together with the concerned Partners and the City wiJ] attempt to resolve the dispute or alternatively agree upon a recommendation for consideration to the City or Partners, as may be appropriate. 9.8 If such recommendation or resolution results in a necessary amendment to this Agreement, upon the agreement of all impacted Partners and the City, such amendment shall be reduced to writing and become part of this Agreement after being duly executed by the City and all of the Partners. Should all of the Municipalities not agree, any Partner may proceed to arbitration. 9.9 Where the Partners, with the assistance of the Panel are unable to reach a resolution to the dispute or where the recommendation of the Panel does not resolve the dispute, the Partners may choose to: ..J INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 6 a) discontinue the dispute, or b) choose the services of a third party mediator to facilitate resolution of the dispute, or c) proceed to arbitration. e 9.10 The mediator shall inquire into the issue in dispute and shall attempt to assist the Partners in resolving the dispute. 9.11 In the event that the Partners do not agree with the recommendations of the mediator, any of the Partners may apply to an arbitrator to resolve the dispute and the dispute shall be settled in accordance with the Arbitration statutes then in force in the Province of Ontario, and this section constitutes a submission under such Arbitration statutes. The arbitrator shall be selected in accordance with Paragraph 9.12. Any arbitration will be conducted according to the rules for the conducting of arbitrations of the Arbitration Institute of Canada Inc., in effect at the day of commencement of the arbitration and by one arbitrator appointed in accordance with the Institute's rules. The arbitration will take place in the City of Barrie unless otherwise agreed. The arbitration will be final and binding upon the Parties. The law governing the procedures and the substance of the arbitration will be the law of Ontario. 9.12 The Partners in dispute may agree in writing upon the appointment of a single Arbitrator who will determine the dispute as sole Arbitrator. If the Partners in dispute cannot agree on a sole Arbitrator then each of the Partners in dispute will appoint an Arbitrator and provide the other party with written notice of the appointment. If one party does not provide such notice, then the Arbitrator who has been appointed by the other party will be the sole Arbitrator and will constitute the Arbitral Tribunal. 9.13 Where the services of a mediator or an arbitrator are undertaken, the cost of such mediator or arbitrator's services shall be shared by the Partners as part of the costs associated with this agreement within a respective catchment area or where a dispute involves both catchment areas, the costs will be distributed over both. 9.14 Any dispute arising from the failure of the City to fulfill its obligations as set out under the MOD shall be filed with the Ministry of Attorney General and the dispute resolution process as established within the MOD for disputes between the MOD and the City shall apply. 9.15 Subject to section 6e) the Partners acknowledge and agree that when a matter is under dispute all service provided by the City will continue in accordance with the terms of this Agreement and the requirements of the Transfer Agreement. .../ INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 7 10. ORO-MEDONTE The Corporation of the Township of Oro-Medonte is the sole Partner located in both Catchment Areas. a) Oro-Medonte agrees to provide the City with the information necessary to isolate and deal with that part of the Township located in each respective Catchment Area. e b) Should a dispute occur every effort will be made to isolate the dispute to one or the other Catchment Area and the cost share referred to in article 9.13 will be shared by the Partners of that Catchment Area. ) If the dispute cannot be isolated to one Catchment Area the cost share referred to in article 9.13 shaH be shared by the Partners of both Catchment Areas. d) It is agreed by the Partners and the City that no provision of this Agreement is intended to impose a burden on, or grant a benefit to, the Partner, Oro-Medonte by virtue of its location in both Catchment Areas. 11. LIMITATION OF LIABILITY 11. 1 The City shall protect itself from and against all claims that might arise from anything done, purported to be done or admitted to be done under this Agreement by the City, its elected officials, employees, agents or contractors and shall maintain a policy of comprehensive general liability insurance providing coverage for a limit of not less than five million dollars ($5,000,000.00) per occurrence as required by the MOD. Each Partner will cooperate fully with the City so that this insurance can be obtained and continued. 11.2 Each Partner shall indemnify and save harmless the City, its elected Officials, employees, agents and contractors from all manner of claims, losses, costs, expenses, actions or proceedings of any kind or nature whatsoever based on, occasioned by or attributable to anything done or admitted to be done by each Partner or by its elected officials, employees, agents or contractors in connection with this Agreement or with the performance of each Partner's obligations under this Agreement. 11.3 The City shall indemnify and save harmless each Partner, their elected officials, employees, agents and contractors, from all manner of claims, losses, costs, expenses, actions or proceedings of any kind or nature whatsoever based on, occasioned by, or attributable to anything done or admitted to be done by the City or by its elected officials, employees, agents, or contractors in connection with this Agreement or with the performance of the City's obligations under this Agreement. .. ./ INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 8 12. TERMINATION OF AGREEMENT 12.1 The City and each Partner acknowledge that this Agreement may be terminated by either of them if the MOD which will be entered into between the City and the Attorney General is terminated. 12.2 The City agrees to give reasonable notice to each Partner if the said MOD is to be terminated so that the City and each Partner can deal with the proper termination of this Agreement. e 12.3 Should the MOD between the City and the Attorney General be terminated resulting in the need for the Partners to seek another provider of administration, court support and prosecution related to proceedings commenced under the Provincial Offences Act, the capital assets to the extent paid for by the Partners shall be transferred to the provider chosen by the Partners. 12.4 A vote of two-thirds of the Partners within either the OriIlia or the Barrie catchment area may terminate this agreement as it affects their respective catchment area upon giving twelve (12) months notice to the City. For purposes of this clause the two-thirds vote does not include the County of Simcoe. IN WITNESS WHEREOF the Parties hereto have signed and sealed this Agreement by their proper signing officers. BEAUSOLEIL FIRST NATION Per: Per: CHIPPEWAS OF MNJIKANING FIRST NATION Per: Per: .../ . INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 9 THE CORPORATION OF THE CITY OF BARRIE Per: Per: Mayor Clerk THE CORPORATION OF THE CITY OF ORlLLIA Per: Per: Mayor Clerk THE CORPORATION OF THE COUNTY OF SIMCOE Per: Per: Mayor Clerk THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO Per: Per: Mayor Clerk .../ INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 10 TIlE CORPORATION OF TIlE TOWN OF BRADFORD WEST GWILLIMBURY Per: Mayor . Per: Clerk TIlE CORPORATION OF TIlE TOWNSHIP OF CLEARVIEW Per: Mayor Per: Clerk TIlE CORPORATION OF TIlE TOWN OF COLLINGWOOD Per: Mayor Per: Clerk TIlE CORPORATION OF TIlE TOWNSHIP OF ESSA Per: Mayor Per: Clerk .. .I . INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 11 THE CORPORATION OF THE TOWN OF INNISFIL Per: Per: Mayor Clerk THE CORPORATION OF THE TOWN OF MIDLAND Per: Per: Mayor Clerk THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: Per: Mayor Clerk THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Per: Mayor Clerk . .j . '. INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 12 THE CORPORATION OF THE TOWN OF PENETANGUISHENE Per: Mayor Per: Clerk THE CORPORATION OF THE TOWNSHIP OF RAMARA Per: Mayor Per: Clerk THE CORPORATION OF THE TOWNSHIP OF SEVERN Per: Mayor Per: Clerk THE CORPORATION OF THE TOWNSHIP OF SPRINGW A TER Per: Mayor Per: Clerk .. .I " '", (" . INTERMUNICIPAL SERVICE AGREEMENT - PROVINCIAL OFFENCES ACT PAGE 13 THE CORPORATION OF THE TOWNSHIP OF TAY Per: Per: Mayor Clerk THE CORPORATION OF THE TOWNSHIP OF TINY Per: Per: Mayor Clerk THE CORPORATION OF THE TOWN OF W ASAGA BEACH Per: Per: Mayor Clerk ". .. SCHEDULE A APPORTIONMENT OF COSTS AND REVENUE Revenues and expenditures will be shared by the Partners as follows: 4t A: Provincial Offences Act revenues from January l, 1998 to the date of transfer will be shared in accordance with the "final CRF" formulas provided by the Province for 1998 and 1999 less a 10% holdback or any part thereof at the sole discretion of the City, from the 1998 "final CRF" as a reserve to provide for start-up costs. The start-up costs will be apportioned as part of the operational costs in accordance with the formula set out in Part B to this Schedule. Gross Provincial Offences Act revenues after the transfer date, will be deposited to the holdback reserve until the reserve is returned to its initial holdback balance, at which time the reserve will be distributed to the Partners in accordance with the "final 1998 CRF fonnula". NOTE: The CRF formula means the formula used by the Province to allocate the Community Reinvestment Fund (CRF). B: Revenues and expenditures from the date of transfer will be shared according to budget. There will be a budget provided for each catchment area and costs will be calculated on a catchment area basis. The first years budgets following the date of transfer will estimate revenues and expenditures for the balance of the year and will include the start up costs. The revenues and expenditures for subsequent years would be based on the prevIous year. Apportionment Revenues subsequent to the date of transfer will be apportioned on a Municipal Corporate Basis as follows: · Est. Cost ..;- Est. Revenue = Cost as a percentage of revenue for each Catchment Area. · Apportionment = Est. Revenue less cost percentage Estimates will be reviewed quarterly and necessary adjustments made for quarterly payment. Year-end audit will determine actuals and any necessary adjustments. . ,", '" SCHEDULE B THE PANEL TERMS OF REFERENCE A. The composition of the Panel for each Catchment Area is set out under Article 4 to this Agreement. B. The Panel is a mechanism for local accountability. Its deliberations will be made in consultation with the Partners within the respective Catchment Area and will reflect the position of the majority. All decisions will be based on majority rule of those present. C. A quorum constitutes a simple majority. The Panel chairperson will be the City. D. Should any Partner choose to have a designate as a member of the Panel, the Partner understands and agrees the designate will have the same voting authority as the Chief Administrative Officer.