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HomeMy WebLinkAbout2012-04-02 Workshop Meeting Agenda and Reports.pdfDistrict of Maple Ridge COUNCIL WORKSHOP AGENDA April 2, 2012 9:00 a.m. Blaney Room, 1st Floor, Municipal Hall The purpose of the Council Workshop is to review and discuss policies and other items of interest to Council. Although resolutions may be passed at this meeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to staff for more information or clarification. REMINDERS April 2 Closed Council following Workshop Committee of the Whole Meeting 1:00 P.M. 1. ADOPTION OF THE AGENDA 2. MINUTES -March 19, 2012 3. PRESENTATIONS AT THE REQUEST OF COUNCIL 3.1 4, UNFINISHED AND NEW BUSINESS 4.1 RCMP Update Verbal report by Superintendent Dave Walsh 4.2 Wildlife Interface Management Strategy - Presentation by Conservation Officer Denny Chretien, Fraser Valley Zone Conservation Officer Service, Ministry of Environment Council Workshop April 2, 2012 Page 2 of 4 4.3 Bear Aware Program - Presentation by Kim Day, Executive Director, Ridge Meadows Recycling Society Staff report dated April 2, 2012 providing information on the "Bear Aware Program". 4.4 Reserves Staff report dated April 2, 2012 providing an overview of the District's financial resources. 4.5 Municipal Police Unit Agreement Staff report dated April 2, 2012 recommending that the Municipal Police Unit Agreement be approved and that the Corporate Officer be authorized to sign and seal the agreement. 5. CORRESPONDENCE The following correspondence has been received and requires a response. Staff is seeking direction from Council on each item. Options that Council may consider include: a) Acknowledge receipt of correspondence and advise that no further action will be taken. b) Direct staff to prepare a report and recommendation regarding the subject matter. c) Forward the correspondence to a regular Council meeting for further discussion. d) Other. Once direction is given the appropriate response will be sent. 5.1 Ministry of Community, Sport and Cultural Development - Strategic Community Investment Funds Letter dated February 24, 2012 from the Ministry of Community, Sport and Cultural Development requesting authorization for entering into a Strategic Community Investment Funds Agreement. Recommendation: Authorize Corporate Officer to sign and seal agreement G. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL Council Workshop April 2, 2012 Page 3 of 4 MATTERS DEEMED EXPEDIENT ADJOURNMENT Checked by: Date: Council Workshop April 2, 2012 Page 4 of 4 Rules for Holding a Closed Meeting A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; (c) labour relations or employee negotiations; (d) the security of property of the municipality; (e) the acaulsition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality; (f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; (g) litigation or potential litigation affecting the municipality; (h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council (i) the receiving of advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 0) information that is prohibited or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; (k) negotiations and related discussions respecting the proposed_ provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (1) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report] (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection of subsection (2) (o) the consideration of whether the authority under section 91 (other persons attending closed meetings) should be exercised in relation to a council meeting. (p) information relating to local government participation in provincial negotiations with First Nations, where an agreement provides that the information is to be kept confidential. V. `. MAPLEi Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer BEAR AWARE PROGRAM MEETING DATE: 02 April 2012 FILE NO: MEETING: Council Workshop EXECUTIVE SUMMARY: In 2011 there were a number of high profile incidents where bears had been euthanized, and in many cases this was a result of becoming habituated to contact with humans. The primary reason for this high level of human and bear interaction is the current practices around the handling of garbage as well as the use of bird feeders, composting, fruit trees and bee hives particularly in the urban interface area, although statistics have been sighted well beyond the urban interface boundaries of Maple Ridge. RECOMMENDATION(S): That this report be received as information DISCUSSION: a) Background Context: Management of Wildlife is under the Provinces jurisdiction through the Ministry of Environment. This District however has a responsibility to develop appropriate regulations and bylaws that affirm best practices across all departments to support and assist the Ministry and Conservation Officers as they carry out their mandate. One of the most beneficial roles that the District can contribute is in the education of residents on best practices, which in many cases can be accomplished through existing public education programs such as recycling and environmental stewardship and education programs. Our partnership with School District No 42 could also be beneficial by assisting with the distribution of educational information to both students and parents in this regard. The collaboration of multiple municipal departments, stewardship groups and provincial organizations will go a long way towards drastically reducing wildlife and human interactions and the unnecessary loss of life for wildlife, which will also make our community a much safer place to live. b) Desired Outcome(s): The desired outcome would be the reduction of human and wildlife interaction through raising the awareness of our residents regarding appropriate garbage management strategies, to reduce or eliminate attractants for bears and other wildlife looking for food. 43 c) Strategic Alignment Implementation of the strategies recommended by Maple Ridge Conservation Officers will contribute to Maple Ridge being a safe, livable community for both our residents and wildlife in the area, which fits with Councils strategic direction. d) Citizen/Customer Implications: It is intended that the initial focus of this program be on education and raising awareness, however it is also anticipated that new regulations and bylaws will be introduced over time to ensure compliance in the long term. The Conservation officers have also offered their assistance through the use of ministry regulation ticketing (fines where necessary). e) Interdepartmental Implications: Staff members from the Ridge Meadows Recycling Society and Municipal Departments such as Planning, Bylaws, Clerks Department, Communications and Parks and Leisure have been working together to develop the program to date, and are committed to working through the various steps of implementing this educational program. The Districts Communications Department will be developing and deploying social media and print advertising to support the "Bear Aware Program" f) Business Plan/Financial Implications: The District of Maple Ridge and the Ridge Meadows Recycling Society have made an application to the Ministry for a bear aware wage subsidy and seed grant. If successful the District would be provided with a staff person up to a value of $8,780.00, the District would be responsible for the wage top up of $2,856.00 and the Ridge Meadows Recycling Society will contribute $5,620.00 which includes staff support, access to phones and copiers etc, as well as suitable office space for the duration of the project, which is estimated to be from May through to the end of November 2012. There will likely be additional costs associated with the design and production of appropriate signage and other information media to share this information in an effective manner in the community. The Parks Department has budgeted to replace some of the traditional garbage barrels in parks and other public areas with bear proof cans, with a focus on "interface areas" over the next several years. �) Alternatifes: The alternative in this case would be to continue to rely on the Conservation Service to provide the current service levels through the 2 Conservation Officers assigned to this area, however this is not recommended. The Conservation Officers certainly have regulatory powers; however the bear aware program is only one small part of their overall responsibility which are spread out over a significant area of the Lower Mainland. Working cooperatively with multiple agencies is considered the best way to overcome this growing concern. CONCLUSIONS: Approximately 20 staff members and other stakeholders recently attended a presentation provided by the BC Conservation Officers, where bear behavior as a result of easy access to garbage was discussed in detail. It was confirmed that the bear population is growing, and that without proper intervention the current situation where bears are being destroyed is likely to increase. C Prepared by: David Boag r Director, Parks anq�Facilities Approved byl Ke n&a4lManager, Community Development, Parks and Recreation Concurrence: J.L. (Jim) Rule 1 Chief Administrative Officer db Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: Chief Administrative Officer Reserves EXECUTIVE SUMMARY: April 2, 2012 ATTN: Council Workshop This report is intended to provide an overview of the District's financial resources. They are grouped into four categories: 1. Accumulated surplus (revenue funds). This is the cumulative balance of excess revenues over expenses and net transfers to reserves. 2. Reserve funds. These allocations are established by bylaw to hold financial assets for specific purposes, typically capital. 3. Reserve accounts. These allocations represent discretionary appropriations of surplus established to meet business needs as directed by Council. 4. Restricted revenues. Monies collected from others and in return, we are obligated to provide specific services. The amounts on Schedule "A" detail the balances in each of these categories. At the end of 2011, the balance in the accumulated surplus (revenue funds), reserve funds and reserve accounts totalled $64.3 million and we had a further $41 million in restricted revenues. RECOMMENDATION: This report is submitted for information only. DISCUSSION: The District of Maple Ridge has financial resources that have been summarized on the attached Schedule "A". Some of these resources are subject to legislation in the Community Charter while others are not. As part of our financial planning process, detailed projections are done for key reserves to ensure that the available resources can support the planned activities. The transactions between our reserves, funds and accounts, are what we refer to as transfers. Transfers are internal transactions that do not result in revenues or expenses. For example, our financial plan provides for 2% of general taxation to be deposited into the Fire Department Capital Acquisition Reserve in order to a build the financial capacity to address the fire protection needs. In 2011,a planned transfer of $1.2 million was made into this reserve. As another example, each year, we contribute money into the Equipment Replacement Reserve so that we can replace equipment when needed. In 2011, a transfer of $1.9 million was made to this reserve. These are both examples of "transfers to" transactions. We also have "transfers from" transactions. For example, in 2011, some of our fleet vehicles were replaced and the identified funding source was the Equipment Replacement Reserve, so we transferred monies from the reserve for those purchases. 4A Page 1 of 7 The District's financial resources can be categorized as follows: 1. Accumulated Surplus (Revenue Funds) The District's business is comprised of three major cost centres: General Revenue, the Sewer Utility and the Water Utility. The excess of revenues over expenses and net transfers to reserves for each cost centre flows to the accumulated surplus balance. The accumulated surplus balance in the revenue funds at the end of 2011 is $11.4 million. Of this amount, $5.7 million relates to the sewer and water utilities and, as per Council's rate stabilization policy, these balances have been used to mitigate the impact of regional rate increases to our rate payers. The general revenue fund has an accumulated surplus amount of $5.7 million and can be used to provide funding for extraordinary one-time items in line with Council's financial sustainability policies. 2. Reserve Funds Reserve funds are established by bylaw and hold financial assets for specific purposes, typically for capital investment. Once a reserve fund has been established, the funds in it can only be used for the purposes noted in the establishing bylaw and any use of the funds must be authorized in the Financial Plan Bylaw. The following provides a brief summary of the District's reserve funds: Local Improvement The balance in this fund is comprised primarily of monies returned to us by the Municipal Finance Authority (MFA) when debt was retired for which sinking fund monies had been held. These funds are intended to be used for local capital improvement projects where a community benefit is derived and a municipal contribution is deemed necessary. ii). Equipment Replacement Each year we transfer monies to this reserve in recognition of the fact that the equipment in use today will need to be replaced in the future. iii). Capital Works The capital works reserve provides for future capital investment. Each year 1% of general taxation is credited to the reserve along with fixed transfer amounts of approximately $200,000 as well as 75% of the proceeds from any land sales. Our practice is to retain a minimum balance of 10% of the prior year's taxation in order to have some funds available in the event of an emergency. iv). Fire Department Capital Each year 2% of general taxation is transferred to the reserve to build the financial capacity required to respond to increasing the fire protection capacity needed as the community grows. The balance in this reserve was drawn down between 2007 and 2010 to fund the construction and renovation of Fire Hall #1. Council has authorized the use of debt financing for the construction of Fire Hall #4 in the future. This reserve will provide the funding for that debt. Page 2of7 v). Sanitary Sewer This fund resulted from surpluses on sanitary sewer projects in previous years and is available for use on current and future sanitary sewer projects. vi). Land This reserve receives 25% of the proceeds from land sales and is used for land acquisitions. In 2009 the fund received an infusion of $1.5 million as part of the year- end process to provide funding for land acquisitions of importance for Council where there is no other identifiable source of funding. In 2010, Council was able to use this reserve to assist with the purchase of strategic lands in the town centre. 3. Reserve Accounts Reserve accounts are appropriations of surplus, established to meet business needs. They can be established or dissolved as Council directs to ensure that identified business needs are met and risks are managed appropriately. The following provides a brief summary of the District's reserve accounts: i). Committed Projects (capital and operating) These represent items approved by Council in prior years that were not completed, but are still deemed necessary. A number of the capital projects that will receive funding from this reserve are reliant on third party funding and/or awaiting the outcome of property acquisition negotiations. The amounts in these reserves have increased by $1.8 million from the 2010 balance. The bulk of this increase relates to items provided for as part of 2011 year-end processes: Protective Services Contingency ($345K), Town Centre Investment Incentive Program ($570K) and Albion Area Studies contingency ($185K). ii). Self Insurance In order to control insurance premium costs we have relatively high deductibles and have chosen to self -insure many events. This reserve account provides funding for insurance deductibles and for self -insured claims. iii). Police Services This reserve was established a number of years ago to fund one-time police services initiatives. As per policy, at least 50% of RCMP contract savings are transferred into this reserve each year. Some of the projects funded from this reserve are the result of changing standards mandated by the RCMP, for example the cell retrofit undertaken in 2010, or initiatives such as the pilot Community Safety Officer program. In 2012, should RCMP members be awarded a retroactive settlement, this reserve will provide the District with the capacity to meet that settlement. iv). Core Reserve This reserve was established at the outset of project to construct the new downtown facilities to provide a mechanism to build our capacity to finance the project over time while smoothing the impact to taxpayers. It assists in managing the cash flows related to the commercial component of the project and is also available to assist with capital improvements. In 2010, funds from this reserve we used to assist with the acquisition of strategic lands in the downtown area. Page 3 of 7 v). Recycling Reserve The recycling reserve retains the balance of recycling levies in excess of contract costs as well as the District's share of the Recycling Society's profits. The reserve is used to provide funding for recycling related projects, such as studies or equipment purchases, or to help offset losses incurred by the Society in the event of falling commodity values. vi). Building Inspections This account is designed to allow us to deal with the impact of an unexpected reduction in building permit revenues. The amount of revenue realized from building permits varies from year to year in relation to development activity. In years when revenues exceed budgeted targets, a portion of the favourable variance is transferred to this reserve. In years when building permits revenues fall short of financial plan targets, we can mitigate the impact of that shortfall by transferring monies from the reserve, providing us with some capacity to sustain service levels in the short-term. In 2011, we transferred $263,885 from this reserve to offset a shortfall in building permit revenues. vii). Gravel Soil removal fees are credited to this account each year. It is intended to assist with minor infrastructure repair that may be required as a result of soil removal activities. In 2011, this reserve provided the funding needed to resurface a portion of Dewdney Trunk Road that sees a lot of traffic from gravel trucks. viii). Facility Maintenance Not all facility maintenance is required on an annual basis and this reserve was established to smooth the impact of annual fluctuations in required maintenance costs. ix). Snow Removal This reserve in intended to ensure that the District has the financial capacity to respond to costs associated with higher than normal snowfall without the need to curtail other services. Our annual budget for snow removal is approximately $230,000, with actual costs fluctuating in relation to the severity of weather experienced; in recent years it has not been unusual to see costs in excess of budget. The reserve was established in 1999 with a balance of $200,000; in each of 2007 and 2008, in recognition of inflationary pressures and the increased costs associated with changing weather patterns the balance in the reserve was increased to a balance of $700,000. In 2011, costs exceeded budgeted amounts by $13,985. This amount was transferred from the reserve to offset the impact to the bottom line. x). Cemetery Maintenance Any excess of revenues over expenses in the cemetery cost centre is transferred to this reserve at year-end and is used as a funding source to maintain the cemetery function, both the facility and the related technology. In 2011, this reserve provided some of the funding needed to install a columbarium at the cemetery. The perpetual care fund is a separate entity and is managed as a trust. xi). Infrastructure Sustainability In 2007, the first infrastructure sustainability account was established in recognition of the need to build the capacity to maintain our growing infrastructure, the Page 4 of 7 replacement cost of which exceeds $1.3 billion. The level of annual maintenance and rehabilitation spending required to maintain it is estimated at over $40 million, our actual expenditures are less than a quarter of this amount. Starting in 2008, we began to dedicate 1% of taxation to address the gap between required and actual spending. xii). Critical Building Infrastructure This reserve was established in 2006 in recognition of the need to provide for emergency or irregular items associated with facility maintenance. Facilities, such as the RCMP building, Municipal Hall and the Leisure Centre were constructed at approximately the same time; consequently, some of the building infrastructure, such as the boilers, will likely need to be replaced at similar times. Such infrastructure is costly to replace and our existing lifecycle budget does not have the capacity to provide the necessary funding. This reserve is intended to provide the necessary capacity without having to defer other planned facility infrastructure maintenance. xiii). Infrastructure Grants Contribution This reserve was established in 2008 to provide the capacity to take advantage of infrastructure grant programs that typically require a municipality to provide matching funds. In 2010, as senior levels of government began winding down the current round of infrastructure grant programs, Council authorized using some of the monies in this reserve to assist in the acquisition of strategic lands in the downtown area. The remaining balance of $9,383 will be exhausted in 2012. xiv). Gaming Revenues In 2010, Council entered into an agreement with the Province, resulting in the District receiving a portion of the net revenues from provincial casino gaming at the Maple Ridge community gaming centre. Monies received under this agreement must be used to benefit the community. In June of 2011, Council adopted a policy framework to guide the use of gaming monies in the community. (Policy 5.55) Under this policy, gaming revenues will be targeted to fund non -recurring items, in particular, capital improvements that cannot be funded through development charges. The resources listed above represent the District's financial assets and do not include non- financial assets, such as our Silver Valley land holdings, a strategic non-renewable resource available to Council. 4. Restricted Revenues Restricted revenues are monies collected from others for which we are obligated to provide specific works. Due to the restrictions on their use, these monies are reported as a liability until the specific works are undertaken. The following provides an overview of the District's restricted revenues: i). Development Cost Charges These funds are collected from the development community and are used to assist in funding the infrastructure requirements resulting from development. DCC's are the largest source of funding for the District's capital program with planned investment in infrastructure exceeding $40 million between 2012 and 2016. Page 5 of 7 ii). Parkland Acquisition (ESA) The Parkland Acquisition Reserve consists of monies paid by the development community that are used to acquire environmentally sensitive areas, such as land required for watercourse protection. Land acquisitions along the North Alouette and adjacent to Davison's Pool exhausted this funding source in 2007. Subsequent collections have started to rebuild capacity in this fund. iii). Downtown Parking Facilities These funds are collected in lieu of providing parking spaces and are to be used for the provision of parking in the downtown area. iv). Developer Specified Projects Charges collected from the development community to assist with the provision of certain infrastructure works. CONCLUSIONS: The above information and attached schedule are intended to provide an overview of the District's financial resources. At the end of 2011 our accumulated surplus (revenue funds), reserve fund and reserve accounts total $64.3 million and we have a further $41 million in restricted revenues. Much of this amount is held for capital investment in the community. Not included in these amounts are non -financial resources, such as our land holdings in Silver Valley. The District has a sound business planning framework which includes a series of financial sustainability policies. The funds, accounts and revenues outlined in this report were established over many years and assist Council in managing the municipality's finances. Prepared by: Catherine Nolan, CGA Manager of Accounting Approved by: Paul Gill, CGA GM: i corporate and Financial Services Concurrence: J.L. (Ji } Rule Chief dministrative Officer Page 6 of 7 ACCUMULATED SURPLUS (REVENUE FUNDS) General Revenue Sewer Revenue Water Revenue RESERVE FUNDS Local Improvement Equipment Replacement Capital Works Fire Department Capital Acquisition Sanitary Sewer Land RESERVE ACCOUNTS Specific projects - capital Specific projects - operating Self insurance Police services Core development Recycling Community development Building inspections Gravel extraction Neighbourhood improvements Facility maintenance Snow removal Youth and arts centre Cemetery maintenance Infrastructure Sustainability (town centre bldgs) Infrastructure Sustainability (road network) Infrastructure Sustainability (drainage) Critical infrastructure reserve Infrastructure grants contribution Gaming revenues WATER AND SEWER RESERVE ACCOUNTS Self Insurance - Sewer Specific projects - Sewer Self Insurance - Water Specific projects - water TOTAL RESERVES Schedule"A" 2011 2010 2009 2008 2007 $ 5,750,719 $ 5,156,074 $ 4,985,070 $ 4,448,718 $ 3,170,271 2,508,311 2,515,823 3,059,571 2,963,911 3,527,232 Note 15 3,176,352 3,638,446 3,393,195 3,714928 3,330,097 11,435,382 11,310, 343 11, 427, 836 11,125, 557 10,027,601 2,410,449 2,196,846 2,145,754 2,077,103 1,973,590 8,739,798 7,459,146 6,937,477 7,329,490 8,049,670 9,597,847 8,362,412 8,404,633 8,686,373 9,055,490 2,636,745 1,473,146 1,807,185 6,062,996 7,140,170 1,525,588 1,552,189 1,524,971 1,442, 312 1,390,549 234,121 231,528 1,919,946 406,056 268,712 25,144,548 71,275,267 22,739,966 26,004,330 27,878,181 4,279,626 4,064,496 4,408,631 4,239,744 4,152,968 4,840,167 3,189, 906 2,253,608 3,124, 747 3,701,663 921,367 956,241 914,702 938,349 922,602 3,209,740 2,521,930 2,618,915 2,259,704 1,858,021 904,121 592,016 1,116, 807 1,129, 505 970,325 1,504,858 1,583,709 1,634,271 1,475, 367 1,618,549 1,274 1,252 1,218 1,176 1,134 1,579,971 1,810,750 1,761,704 1,704,522 968,034 478,835 563,875 419,417 549,384 496,450 51,477 50,523 60,697 58,688 56,571 479,668 317,512 515,408 360,508 89,519 686,015 700,000 700,000 700,000 350,000 - - 3,708 8,535 8,535 109,068 189,608 151,980 109,457 103,224 38,926 - - 295,385 200,000 882,417 1,106,822 L225,889 419,417 - 201,882 493,634 40,282 - 200,052 196,759 172,072 368,625 5D1,023 9,383 271,979 1,200,000 1,200,000 704,430 125 60D 21,0834177 19, 736, 612 19,199, 308 18, 943,113 15, 998, 618 108,873 102,373 95,873 36,184 89,684 { 2,917,913 3,109,415 2,160,492 1,738,057 1,308,040 l 89,028 82,528 99,528 93,028 86,528 3,563,856 2,201,777 1,722,636 1,0g8,066 887,835 6,679,670 5,496,093 4,078,529 2,955,335 2,372,486 $ 52,907,495 $ 45,507,972 $ 46,017,803 $47,902,778 $46,248,885 Schedule 6 TOTAL RESERVES AND REVENUE ACCUMULATED SURPLUS $ 64,347,877 $ 56,818,315 $ 57,445,639 $59,028,335 $56,276,486 RESTRICTED REVENUES Development cost charges $ 35,660,974 $ 32,211,726 $ 31,644,928 $34,330,309 $36,704,662 Parkland acquistion 295,082 162,355 - - - Downtown parking facilities 164,193 161,244 144,515 139,734 134,695 Note 11 Developer specified projects 4,922,373 4,641,174 4,367,763 4,129,236 4,026,358 $ 41,042,622 $ 37,176,499 $ 36,157,206 $38,599,279 $40,865,715 j Page 7 of 7 I RIDGE Deep Roots Greater Heights TO: FROM: SUBJECT District of Maple Ridge His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: Chief Administrative Officer Municipal Police Unit Agreement EXECUTIVE SUMMARY: April 2, 2012 ATTN: Council Workshop For the past several years, the Provincial and Federal Governments have been working towards renewing the agreements for the services provided by the RCMP. Agreement in principle was reached in November, 2011 and the final agreements for British Columbia were signed on March 21, 2012. The Province had three goals heading into the negotiations: 1. Changing the relationship from client -based to one of true partnership. 2. Expanding the operational and financial accountability of the RCMP. 3. Cost -containment and cost control. There are three main agreements which govern the RCMP services provided to the Province and municipalities and the new agreements reflect significant progress on the goals noted above. Two of the three agreements are between the senior levels of governments. The third agreement is the Municipal Police Unit Agreement (MPU). This agreement is between the Province and each municipality choosing to use the services of the RCMP for its local police service. Municipal approval of this agreement is required so that we can continue to use the services of the RCMP. RECOMMENDATION(S): That the Municipal Police Unit Agreement dated April 1, 2012 be approved and that the Corporate Officer be authorized to sign and seal the agreement. DISCUSSION: a) Background Context: The current RCMP contracts were for a term of 20 years expiring on March 31, 2012 and negotiations for renewal have been taking place over the past several years. The eight Provinces and three Territories that use the services of the RCMP were negotiating as a "block" with the Federal Government represented by Public Safety Canada. Ontario and Quebec were not involved in the negotiations as they have their own Provincial police forces. The Provincial negotiating team was led by Mr. Kevin Begg, Assistant Deputy Minister, Province of BC. In the last year, Alberta and Saskatchewan broke away from the group and agreed to terms with Public Safety Canada. The remaining Provinces and Territories reached an agreement in principle in November 2011 and BC's final agreement was signed on March 21, 2012. 4.5 Page 1 of 4 a) Background Context (cont'd): There are three separate agreements governing RCMP services in British Columbia: 1. Provincial Police Service Agreement (PPSA) This is the master agreement between the Federal and Provincial Governments. It outlines the terms and conditions under which the RCMP services can be provided to the Province. 2. Municipal Police Services Agreement (MPSA) Municipalities in provinces that have entered into a PPSA may choose to have the RCMP serve as their municipal police force. This agreement between the Federal and BC Governments outlines the terms and conditions under which the services are to be provided to interested municipalities. 3. Municipal Police Unit Agreement {MPU] This agreement is between the Province and individual municipalities that choose to have the RCMP serve as their municipal police force. It reflects the terms and conditions in the Municipal Police Services Agreement. We are required to sign this standardized agreement, if we wish to retain the services of the RCMP. The RCMP is not a signatory to any of these agreements. While municipalities were not directly involved in the negotiations, they were given several opportunities for input. Over the years, a series of consultation workshops were held. As well, written requests for input were made available through the Union of BC Municipalities. Further, a Local Government Working Group was established. This group met regularly with the BC representatives at the negotiating table, providing advice and input. Local government representatives were also allowed to serve as observers during the negotiations with the Federal government. b) Highlights of the New Contracts: Entering into negotiations, the municipalities and the Province were hoping to make progress in three key areas: 1. Changing the Relationship from client -based to true partnership The existing contracts implied a client - service provider type relationship. In other words, the municipalities were considered the consumer of the services offered by the contractor. Our aim was to change this to reflect a relationship that allowed for meaningful input into the services that are provided as well as how they are provided. This has been largely achieved through the following measures: A Federal -Provincial -Territorial RCMP Contract Management Committee (CMC) will be created to make sure the contracts are working as intended. There will be municipal representation on this committee. Page 2 of 4 1. Changing the Relationship from client -based to true partnership (cont'd) ■ Through the CIVIC, we will have the ability to initiate independent reviews of RCMP programs to evaluate and challenge how programs are being delivered to ensure efficiency and effectiveness. Municipalities will also have the ability to conduct operational effectiveness reviews of their local detachment services. ■ The CIVIC will be consulted before any changes are made that impact our costs and the quality of service we receive. ■ Municipalities will have input into establishing local policing priorities, with regular reporting on how these are being carried out. ■ Municipalities will have input into the selection of their local detachment commander. ■ A new dispute resolution process to allow for municipal concerns to be addressed in a more timely and systematic manner is included in the agreement. 2. Expanding the Operational and Financial Accountability ■ The detachment commander will provide updates, as requested, on the implementation of the local government's goals and objectives. ■ The detachment will provide multi -year financial plans and will provide regular reports on financial performance in relation to these plans. ■ Municipalities will receive early notification of changes in standards that will have cost or service delivery implications for them. ■ Regular reporting of staffing levels within the detachment. ■ Reports, on request, of complaints made against RCMP members in the local detachment. 3. Cost Containment and Cost Control The municipalities had requested a greater contribution from the Federal Government towards their policing costs. This was a non -starter, given the financial pressure that the Federal Government is under. In fact the federal position was that there were a number of costs that were not being passed on to municipalities in the current agreement and they were hoping to change this. In other words, they were hoping to include additional costs into the basket of costs that flow to the municipalities. Negotiations in this area were long and protracted. At the end of the day, the additional cost implications of the new contract have been contained to well under one percent per year. Having said this, there are a number of items that have not been finalized and these could have an impact on our policing costs. These include: ■ The cost of the new headquarters building in Surrey. ■ Any retroactive pay that might be awarded to RCMP officers, including the ongoing financial implications of same. ■ The possibility of unionization. As well, and though not specifically mentioned in the agreements, there is the matter of how the integrated teams are paid for. Our costs for the integrated teams are approaching $2 million per year, out of an overall contract budget of about $14.5 million. We currently pay for our share with a 10% contribution from the Federal Government. The aim is to shift these costs to the provincial cost sharing formula which includes a 30% contribution from the Page 3 of 4 3. Cost Containment and Cost Control (cont'd) Federal Government. As of April 1, 2012, the costs of the Integrated Homicide Investigation Team (IHIT) will be billed to us at 70% and the Province is developing a framework to address whether other teams can be treated similarly. This could produce savings to the order of $400,000 annually which will help address other financial pressures. Over the coming months, staff will work with RCMP headquarters to produce a revised multi year financial plan reflecting the terms and conditions of the new contract. This information will be available to Council, in time for its 2013-2017 budget deliberations. c) Business Plan/Financial Implications: Policing is the biggest cost centre in the municipality. For 2012, the total policing budget is about $17.6 million of which $14.5 million relates to the RCMP contract. The remainder is for the support staff, housing and dispatch services. The new contract has no significant financial implications for the municipalities, though there are still some unresolved issues such as the cost of the new headquarters building, the possibility of unionization and the ongoing implications of a possible retroactive wage adjustment. The savings in the treatment of the costs for the integrated teams should help mitigate these increases, and perhaps produce additional savings. A revised multi -year financial plan for RCMP costs will be produced at the earliest. d) Conclusion: The municipality is well served by the RCMP and approval of the attached Municipal Police Unit Agreement will provide for the continued delivery of RCMP services. Preparectby: Paul Gill, GM: CvKporao & Financial Services Concurrence: Jh0ef L. (Jim) Rule Administrative Officer Page 4 of 4 SCHEDULE C [MUNICIPALITY OF MUNICIPAL POLICE UNIT AGREEMENT Dated as of April 1, 2012 2 BI2ITISH COLUMBIA MUNICIPAL POLICE UNIT TABLE OF CONTENTS PAGE ARTICLE 1.0 Interpretation 2 ARTICLE 2.0 Application of Governing Agreements and Legislation 6 ARTICLE 3.0 Purpose and Scope 7 ARTICLE 4.0 Management of the Municipal Police Unit 9 ARTICLE 5.0 Operation of the Municipal Police Unit 9 ARTICLE 6.0 Increase or Reduction in the Municipal Police Unit 10 ARTICLE 7.0 Resources and Organization 11 ARTICLE 8.0 Emergencies & Events 12 ARTICLE 9.0 Municipal Population 14 ARTICLE 10.0 Accommodation 14 ARTICLE 11.0 Basis of Payment Equipment 16 ARTICLE 12.0 Equipment 27 ARTICLE 13.0 Transfer of Ownership of Equipment 27 ARTICLE 14.0 Jails and Lock -ups 29 ARTICLE 15.0 Method of Payment 29 ARTICLE 16.0 Financial Planning and Reporting 30 ARTICLE 17.0 Operational Effectiveness Assessments 32 ARTICLE 18.0 Local Government Contract Management Committee 32 ARTICLE 19.0 Disputes 33 ARTICLE 20.0 Notice 34 ARTICLE 21.0 Review 35 ARTICLE 22.0 Term of Agreement 35 ARTICLE 23.0 Default 35 ARTICLE 24.0 Amendments 36 ARTICLE 25.0 Survival 36 ANNEX "A" Number of Members Assigned [MUNICIPALITY OF MUNICIPAL POLICE UNIT AGREEMENT Memorandum of Agreement dated as of April 1, 2012. BETWEEN: P Rl THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA (herein called the "Province"). [MUNICIPALITY OF, BC [postal code] (herein called the "Municipality") Whereas the Minister of Public Safety and Solicitor General, on behalf of the Province pursuant to Section 14 of the Police Act (British Columbia), and the Federal Minister, on behalf of Canada pursuant to Section 20 of the Royal Canadian Mounted Police Act, have entered into an agreement for the use or employment of the Royal Canadian Mounted Police or any portion thereof, to carry out the powers and duties of the provincial police force relating to the provision of municipal police services and in aiding the administration of justice in the Province and in carrying into effect the laws in force therein; And Whereas pursuant to Section 3 of the Police Act, the Municipality has elected to provide policing in the Municipality by engaging the provincial police force to act as the municipal police force by means of this Agreement; And Whereas by Order in Council number dated the _ day of , 2012, the Lieutenant Governor in Council has authorized the Minister of Justice to enter into this Agreement on behalf of the Government of British Columbia. NOW, THEREFORE, in consideration of their respective obligations set out below, the parties hereto agree as follows: ARTICLE 1.0 - INTERPRETATION 1.1 In this agreement each of the following terms will, unless the context otherwise requires, have the meaning set out beside it: a) "Applicable CRF Lending Rate" means the rate of interest approved by the Minister of Finance for Canada, in the month that an item of Equipment —Type A is purchased, for amortized loans from the Consolidated Revenue Fund for Canada equal to the period of amortization set for item of Equipment —Type A under paragraph 11.2(l) ; b) "Chief Executive Officer" or "CEO" means the mayor, reeve, warden or other head of the Municipality, however designated, , and includes such delegate approved, from time to time, by the municipal council; c) "Commanding Officer" means the officer of the RCMP, resident in the Province, appointed by the Commissioner to command the Division; d) "Commissioner" means the Commissioner of the Royal Canadian Mounted Police; e) "Detachment" means an organizational component of the Division that has prescribed territorial boundaries and includes satellite and community service offices; i) "Detachment Commander" means the Member in charge of a Detachment who manages its physical, financial and human resources; g "Division" means the organizational component of the RCMP that is responsible for law enforcement and the prevention of crime in the Province; h) "Earned Retirement Benefit" means an allowance that is earned and accumulated over time and then paid out in a lump sum to the Member upon retirement; i) "Emergency" means an urgent and critical situation of a temporary nature that requires a deployment of additional police resources to maintain law and order, keep the peace or protect the safety of persons, property or communities ; 5 j) "Equipment" means, at a minimum, all property other than land and buildings whether purchased, leased, constructed, developed or otherwise acquired, and includes Equipment —Type A and Equipment —Type B; k) "Equipment —Type A" refers to Equipment acquired on a non -recurring or extraordinary basis such as specialized motor vehicles, ships and other watercraft, aircraft of any kind, whether manned or un-manned, identification systems, telecommunication and other communication systems including radio towers and related assets that may be affixed to real property; 1) "Equipment —Type B" refers to Equipment acquired on an annual or recurring basis such as standard police cruisers, radio and computer equipment, security and investigational equipment such as identification devices, firearms, photographic devices and systems, and technology and other licensing fees; m) "External Review Committee" has the meaning given to it in subarticle 10.1; n) "Fair Market Value" means an amount equal to the price at which an item or Equipment might be expected to bring if offered for sale in a fair market and that price will normally be determined through a standard industry valuation protocol, such as an independent appraisal, obtained by Canada o) "Federal Minister" means the federal Minister responsible for the Royal Canadian Mounted Police; p) "Fiscal Year" means the period beginning on April 1 in any year and ending on March 31 in the next year; q)"Full Time Equivalent Utilization" or "FTE Utilization" means, for the Service, the number calculated as follows: i) the total number of days worked, including vacation time and statutory holidays, by all Members, or Support Staff, as the case may be; ii) divided by the applicable work year, where: A) the work year for a Member is a 260 day year based on an 8 hour work day; and B) the work year for a Support Staff is a 260 day year based on 7.5 hour work day; except leap years when the work year for both Members and Support Staff are increased by one work day; r) "Furnished", with respect to any accommodation, means supplied with office furnishings including desks, chairs, filing cabinets, bookcases and tables but does not include office equipment such as computers, calculators, photo copiers, fax machines and specialized security equipment; s) "Major Event" means an event of national or international significance that is planned in advance, within Canada, that requires additional police resources, if the overall responsibility for security for that event rests with Canada; t) "Member" means any member of the RCMP appointed pursuant to the Royal Canadian Mounted Police Act and any Regulations made pursuant thereto and, without limitation, includes any regular member, special constable, special constable member and civilian so appointed; u) "Member in Charge" means the Detachment Commander or other senior Member in charge of the Municipal Police Service; v) "Minister" means the provincial Minister responsible for policing services in the Province and includes the Deputy Minister and any person designated by the Minister or the Deputy Minister to act for or on behalf of the Minister with respect to any matter under this Agreement; w) "Municipal Police Service" or "Service" means the aggregate of resources and Members utilized by Canada to provide municipal police services to specific municipalities in the Province pursuant to the Municipal Police Service Agreement for British Columbia, but does not include those resources and Members employed primarily in i) police services of a national or international nature, such as forensic laboratories, the Canadian Police Information System, identification services and the Canadian Police College, ii) national security investigation services, iii) protective security such as security at embassies and airports, and security for internationally protected persons, iv) services provided to or on behalf of federal government departments, and 0 v) any policing services provided under the Provincial Police Service Agreement; x) "Municipal Police Service Agreement" means the Agreement dated as of April 1, 2012 between Canada and the Province for the provision by Canada of municipal police services to specific municipalities in the Province; y) "Municipal Police Unit" means the portion of the Municipal Police Service assigned by Canada to provide the police services for the Municipality under this Agreement; z) "Pension contribution" means, with respect to any Member or federal public service employee, the aggregate of the employer's contributions made under the Royal Canadian Mounted Police Superannuation Act, the Supplementary Retirement Benefits Act, the Public Service Superannuation Act, the Special Retirement Arrangements Act, and the Canada Pension Plan; aa) "Province" means the Province of British Columbia; bb) "Provincial Police Service Agreement" means an agreement that covers a period beginning April 1, 2012, between Canada and the Province for the provision by Canada of provincial police services; cc) "Public Complaints Commission" means the Commission, or its successor, that is defined in the Royal Canadian Mounted Police Act;; dd) "Region" means a grouping of Divisions or subdivisions, created by the Commissioner, for the purposes of administration; cc) "Renovate" means a renovation of a building or living quarters and its sub -systems which substantially prolongs its useful life up to and including effectively resetting that useful life to be equal to that of a newly constructed building or living quarters. The age of a building or living quarters which has been fully Renovated is determined as if that building or living quarters were constructed in the Fiscal Year that the Renovation was completed; ff) "Royal Canadian Mounted Police" or "RCMP" means the police force for Canada continued under the Royal Canadian Mounted Police Act; gg) "Salary" means monetary compensation, including annual salary, service pay, senior constable allowance, shift allowance, and other pay provided in recognition of additional duties or time worked;; hh) "Special Event" means an event of a short duration that is organized in advance, for which the overall responsibility for policing rests with the provincial or municipal government, and for which additional police resources are required to maintain law and order, keep the peace or protect the safety of persons, property or communities;; ii) "Staff Relations Representative Program" means the program established under the Royal Canadian Mounted Police Regulations, 1988; J) "Support Staff' means all those persons who are employed by the Municipality including clerks, stenographers, data processors, telecommunication operators, jail guards, matrons and janitors who are required for the effective operation of the Municipal Police Unit. kk) "Unit" means a named component of the Division to which Members of the Provincial Police Service are assigned. 1.2 Each of the following is attached hereto and forms a part of this Agreement: a) Annex "A" — Schedule of Personnel Resources Assigned to the Municipal Police Unit. 1.3 The singular number includes the plural and the plural number includes the singular where such is consistent with the context. 1.4 The headings in this Agreement have been inserted for convenience of reference only and do not constitute a part of this Agreement or affect its meaning. ARTICLE 2.0 - APPLICATION OF GOVERNING AGREEMENTS & LEGISLATION 2.1 It is understood and agreed between the Province and the Municipality that: a) this Agreement is pursuant to the terms and conditions of the Municipal Police Service Agreement for British Columbia; b) the contractual obligations assumed by, and rights conferred upon, the Municipality or an official of the Municipality by this Agreement, are contractual obligations assumed by and rights conferred upon, the Province or the Minister pursuant to the Municipal Police Service Agreement for British Columbia; the discharge of any obligation of the Province by the Municipality will operate as a discharge of the Municipality; and in discharging any such obligations the Municipality will be discharging the Province's obligations to Canada. c) the Municipality is liable for any obligation in this Agreement which is an obligation of the Province pursuant to the Municipal Police Service Agreement for British Columbia; 2.2 Nothing in this Agreement will be interpreted as limiting in any way the jurisdiction of the Province in respect of the administration of justice and law enforcement in the Province. 2.3 Nothing in this Agreement will be interpreted as limiting in any way the obligations of the Municipality or the council of the Municipality to provide policing in the Municipality pursuant to the Police Act and the Community Charter. 2.4 Where in this Agreement, it is stated that Canada, the RCMP, the Municipal Police Unit or a Member will perform any action, the Minister will cause such action to be performed in accordance with the Municipal Police Service Agreement for British Columbia. 2.5 It is understood and agreed by the Province and the Municipality that, pursuant to the Municipal Police Service Agreement for British Columbia and, notwithstanding that this Agreement is between the Province and the Municipality, Canada and the Municipality may deal directly with each other in respect to any matter where such an arrangement is indicated in this Agreement, including matters relating to invoicing, payment and, financial and resource planning, and such other matters as may be agreed between the Minister and the Commanding Officer. ARTICLE 3.0 - PURPOSE AND SCOPE 3.1 Canada will provide and maintain a Municipal Police Unit within the Municipality, being part of the provincial police force, to act as the municipal police force in the Municipality in accordance with this Agreement. 3.2 The Municipality hereby engages the Municipal Police Unit, being part of the provincial police force, to act as the municipal police force in the Municipality in accordance with this Agreement. 3.3 The number of personnel listed in Annex "A", as adjusted from time to time in accordance with Article 6, are all the Members in the Municipal Police Unit. 3.4 Those Members who form part of the Municipal Police Unit will: a) will perform the duties of peace officers; b) will render such services as are necessary to 10 i) preserve the peace, protect life and property, prevent crime and offences against the laws of Canada and the Province, apprehend criminals, offenders and others who may be lawfully taken into custody; and ii) execute all warrants and perform all duties and services in relation thereto that may, under the laws of Canada, the Province or the Municipality, be executed and performed by peace officers; c) may render such services as are necessary to prevent offenses against by-laws of the Municipality, after having given due consideration to other demands for enforcement services appropriate to the effective and efficient delivery of police services in the Municipality. 3.5 a) The Municipal Police Unit will not be required to perform any duties or provide any services which are not appropriate to the effective and efficient delivery of police services in the Municipality. b) Where, at the date of this Agreement, the Municipal Police Unit is performing any duties or providing any services referred to in paragraph (a), the Municipal Police Unit will continue to perform such duties and provide such services until such time as these duties and services are performed or provided by some other persons. c) During the term of this Agreement, and at such times as they may mutually agree, the Commanding Officer, the Minister and the CEO will identify, discuss and, where it is mutually agreed to be feasible, the Municipality will use its best efforts to implement alternative means by which the Municipal Police Unit would cease to perform or provide the duties and services referred to in paragraph (a). 3.6 The Municipality will provide, without any cost to Canada or the Province, all necessary Support Staff; such staff will meet the job and other related requirements as determined by the Commissioner. 3.7 Where the Municipality fails to provide any Support Staff required by subarticle 3.6, the Province or Canada may provide such Support Staff and the Municipality will pay 100 per cent of all the cost of that Support Staff. 3.8 Where the Municipality provides Support Staff to Canada in support of provincial policing or in support of federal policing, Canada will pay the Municipality the salaries for any part of the Support Staff that is so employed. 11 3.9 The Minister, in consultation with the Commanding Officer, may require any Municipal Police Unit from time to time to provide assistance or special expertise temporarily to other police agencies in the Province. ARTICLE 4.0 - MANAGEMENT OF THE MUNICIPAL POLICE UNIT 4.1 The internal management of the Municipal Police Service, including its administration and the determination and application of professional police procedures, will remain under the control of Canada. 4.2 The Minister and the CEO will determine, in consultation with the Commissioner, the level of policing service to be provided by the Municipal Police Unit. 4.3 The professional police standards and procedures determined in respect of the Provincial Police Service in accordance with the Provincial Police Services Agreement subarticle 6.5 will also apply to the Municipal Police Service, unless the Commissioner is of the opinion that to do so would be contradictory to a requirement imposed by law, or would negatively affect the RCMP's ability to deliver effective or efficient police services. ARTICLE 5.0 - OPERATION OF THE MUNICIPAL POLICE UNIT 5.1 For the purposes of this Agreement, the Commanding Officer will act under the direction of the Minister in aiding the administration of justice in the Province and in carrying into effect the laws in force therein. 5.2 It is recognized that, pursuant to the Provincial Police Service Agreement, the Commanding Officer will implement the objectives, priorities and goals as determined by the Minister for policing in the Province. 5.3 The CEO may set objectives, priorities and goals for the Municipal Police Unit that are not inconsistent with those of the Minister for other components of the provincial police service. 5.4 The Member in Charge of a Municipal Police Unit will, subject to paragraph 3.4(c) and when enforcing the by-laws of the Municipality, act under the lawful direction of the CEO or such other person as the CEO may designate in writing. 5.5 The Member in Charge of a Municipal Police Unit will: a) report as reasonably required to either the CEO or the designate of the CEO on the matter of law enforcement in the Municipality and on the implementation of objectives, priorities and goals for the Municipal Police Unit; and 12 b) provide the CEO each month with the particulars of any new or outstanding complaints made against the Municipal Police Unit by any member of the public to the RCMP, all of which is subject to applicable laws; the form and substance of the particulars will be agreed upon by the Member in Charge and the CEO. 5.6 Before appointing the Member in Charge, the Commanding Officer will consult with the CEO, and the CEO may request that the community be consulted, in which case, such consultation is to be undertaken in accordance with the RCMP's policies on community participation. ARTICLE 6.0 - INCREASE OR REDUCTION IN THE MUNICIPAL POLICE UNIT 6.1 a) Subsequent to a written request from the CEO to the Minister, and a written request to Canada from the Minister, Canada will increase or reduce the number of Members in the Municipal Police Unit as soon as practicable within one year from the receipt of a written request from the Minister unless, in the case of a reduction, the Federal Minister gives written reasons to the Minister stating that the requested reduction would lower the level of resources below the level needed to deliver effective and efficient policing or to maintain public or officer safety. b) Subject to the other terms and conditions of this Agreement, neither Canada, the Province nor the Municipality will add to or delete from, the duties or functions of the Municipal Police Unit as it was on April 1, 2012 without prior consultation and agreement between the Commissioner and the Minister. 6.2 Subject to the discretion of the Commanding Officer, no Member will be replaced when attending a training course that is related to the Municipal Police Service, when on annual leave, or when ill except where illness results in a Member's absence for a period of more than 30 consecutive days. 6.3 In the event that the Municipality desires the removal of any particular Member of the Municipal Police Unit, a written request for such removal, together with the reasons, will be forwarded by the CEO to the Minister, who will forward the request to the Commanding Officer; the Commanding Officer will give such request full consideration and if the matter is not then resolved the Commanding Officer will refer the request to the Commissioner whose decision will be final. ARTICLE 7.0 - RESOURCES AND ORGANIZATION 13 7.1 In each Fiscal Year, in respect of the Municipal Police Unit, the Member in Charge will give to the CEO annual statements, and such additional statements as may be reasonably requested from time to time by the CEO, of the composition of the Municipal Police Unit that show or include: a) a current organization chart of the Municipal Police Unit; b) the location and function of all Members and Support Staff who are not casual employees; c) the location and function of all casual employees and temporary employees; d) the number of vacancies which represent positions with no-one assigned to the positions; e) the number of vacancies in which the assigned individual is on special leave and, where possible, including an indication of whether or not an additional individual has been assigned to backfill the position; f) the number of Members being deployed in surplus to the established strength; and in each case an explanation of changes since the previous statement. 7.2 For the purposes of human resource planning for the next Fiscal Year, the Member in Charge will consult with the CEO and obtain approval, or approval in principle, from the CEO on or prior to June 1 of each year for the number of Members required to maintain the level of policing service to be provided by the Municipal Police Unit as determined pursuant to subarticle 4.2. 7.3 The Member in Charge, upon receiving reasonable notice, will provide the Minister and CEO with any additional information, to the extent possible, relating to human resource and organizational planning of the Municipal Police Unit. 14 ARTICLE 8.0 — EMERGENCIES & EVENTS 8.1 If, in the opinion of the Minister, an Emergency in an area of provincial responsibility exists or is likely to exist in the Province: a) part of the Municipal Police Service may, at the written request of the Minister made to the Commanding Officer, and after consultation with the CEO, be redeployed to such extent as is reasonably necessary to maintain law and order, keep the peace and ensure the safety of persons, property or communities; b) the Province will pay the costs of the redeployment including Salary, transportation and maintenance at the applicable cost -sharing ratio set out in subarticle 11.1; and c) the Commissioner will ensure that the Municipality continues to receive adequate policing. 8.2 If, in the opinion of the Commissioner, an Emergency in an area of provincial responsibility exists or is likely to exist outside the Province: a) the Commissioner may, after consultation with the Minister, and the CEO, temporarily withdraw up to 10 per cent of the Members of the Municipal Police Unit (including any necessary equipment) to meet such Emergency; b) during the period of any withdrawal Canada shall pay 100 per cent of all costs of the withdrawal and redeployment including Salary, transportation and maintenance, for the duration of the withdrawal ; and c) the Commissioner will ensure that the Municipality continues to receive adequate policing. 8.3 If, in the opinion of the Commissioner, there is a need to use part of the Municipal Police Unit with respect to an Emergency in an area of federal responsibility that exists or is likely to exist anywhere in Canada: a) the Commissioner may, after consultation with the Minister and the CEO, temporarily withdraw up to 10 per cent of the Members of any Municipal Police Unit (including any necessary equipment) to perform any duties or functions with respect to such Emergency; b) if the Emergency exists inside the Municipality, Canada will pay all costs of the withdrawal and redeployment including Salary, transportation and maintenance as follows: 15 i) Canada will pay all such costs for the first 30 days at the cost - sharing ratio set out in subarticle 11.1; and ii) after 30 days, Canada will pay 100 per cent of all such costs; and c) if the Emergency exists outside the Municipality, the Municipality will not bear the Salary and incremental costs of the Members and Equipment withdrawn. d) the Commissioner will ensure that the Municipality continues to receive adequate policing. 8.4 If, in the opinion of the Commissioner, there is a need to use part of a Municipal Police Unit with respect to a Major Event that exists or is likely to exist anywhere in Canada: a) the Commissioner may, in consultation with the Minister and the CEO, temporarily withdraw up to 10 per cent of the Members of any Municipal Police Unit (including any necessary Equipment) to perform any duties or functions with respect to such Major Event; and b) Canada shall pay 100 per cent of all costs of the withdrawal and redeployment including Salary, transportation and maintenance, for the duration of the entire Major Event. 8.5 Withdrawal of Members from the Municipal Police Unit in accordance with this Article will not extend for a period of more than 30 consecutive days without further consultation between the Commissioner and the Minister, with advice to the CEO. 8.6 a) For the purpose of a Special Event, the Municipal Police Service may be redeployed to provide additional police resources as is reasonably necessary to maintain law and order, keep the peace and protect the safety of persons, property or communities. b) For the purposes of paragraph (a), the redeployment of additional police resources will be based on the Municipal Police Service's operational assessment of the type of gathering, potential crowd behaviour and other situational factors. The duties to be performed by the additional police resources are to be in accordance with subarticle 3.4 and paragraph 3.5(a). c) The Province or Municipality, as the case may be, receiving the additional resources will pay all of the costs of the redeployment including Salary, transportation and maintenance at the applicable cost -sharing ratio set out in subarticle 11.1. ARTICLE 9.0 - MUNICIPAL POPULATION 9.1 For the purpose of this Agreement the population of the Municipality will be determined as follows: a) for the period of April 1, 2012 to March 31, 2017, the population of the Municipality as established by the 2011 federal census; b) for the period April 1, 2017 to March 31, 20122, the population of the Municipality as established by the 2016 federal census; c) for the period April 1, 20122 to March 31, 2027, the population of the Municipality as established by the 2021 census; and d) for the period April 1, 2027 to March 31, 2032, the population of the Municipality as established by the 2026 census, ARTICLE 10.0 - ACCOMMODATION 10.1 a) The Municipality will, in consultation with the Member in Charge, provide and maintain at no cost to Canada or the Province, accommodation that is fit for use by the Municipal Police Unit and Support Staff, including: i) office space that is furnished, heated and lighted, together with electricity, water supply, and building and property maintenance services; ii) jail cell facilities that are heated and lighted together with bedding and water supply; and iii) if determined by the Municipal Police Service to be required, heated and lighted garage space. b) When providing and maintaining accommodations, the Municipality will pay 100 per cent of all operating and maintenance costs, including costs such as building and property maintenance services. 10.2 The accommodation provided for the use of the Municipal Police Unit and Support Staff will be to the satisfaction of the Commissioner and will meet the security standards of the RCMP. 17 10.3 If the Commissioner is not satisfied with the Municipal Police Unit accommodation or any part of it that is provided for the use of the Municipal Police Unit or Support Staff, or is of the opinion that it does not meet the security standards of the RCMP, then: a) the Commanding Officer will identify the specific concerns with the Municipality as part of the regular reporting and planning process under Article 16, Financial Planning and Reporting or at any other time as deemed necessary. b) if the Municipality is unable to resolve concerns within a reasonable period of time, the Commanding Officer will provide the Municipality with a notice that sets out the reasons for which the Commissioner is not satisfied with the accommodation, including any existing or forecasted major deficiency in that accommodation, and if applicable the details of what is required to meet the security standards of the RCMP and advising that the deficiencies are to be corrected within two years from the date of the notice. c) if, within one year of the notice, the deficiency has not been corrected by the Municipality then the Commanding Officer will, as soon as practicable, give a second notice with respect to the deficiency, and the Municipality will, as soon as practicable, provide the Commanding Officer with a written report of the action that will be taken to correct the deficiency within the two years from the first notice. d) if, within two years of receipt of notice referred to in paragraph (b), the deficiency has not been corrected to the satisfaction of the Commissioner, then the Commanding Officer will, as soon as practicable, inform the Minister in writing that the accommodation still fails to comply with subsection 10.2 and that Canada then may make the necessary changes to the accommodation or lease other accommodation and in that case the Municipality will be responsible to pay Canada 100 per cent of all the costs, including all costs that would otherwise be borne by the Municipality under subarticle 12.1. e) all notices and writings with respect to the correction of the deficiencies will be between the Commanding Officer and the CEO, and a copy of each such notice or writing will be sent to the Minister. 10.4 Canada and the Province may agree that it would be more appropriate for Canada and the Province to provide and maintain accommodations for the use by the Municipal Police Units and Support Staff. 10.5 If, under 10.4 Canada and the Province have agreed to provide and maintain any accommodation for use by the Municipal Police Unit then that accommodation [ c! will be included as Buildings or Living Quarters as part of the accommodation program of works in accordance with and for the purposes of Articles 12 and 13 of the Provincial Police Service Agreement, and, the Municipality agrees to: a) pay 100 per cent of all the costs referred to in subarticle 10.1 of this Agreement calculated to reflect the proportion of the accommodation occupied by the Municipal Police Unit; and b) pay Canada an amount for the accommodation which is calculated and informed by the actual costs under the accommodation program of works in accordance with Article 12 of the Provincial Police Service Agreement in respect of the accommodation converted to an annual per square meter rental rate calculated to reflect the proportion of the accommodation occupied by the Municipal Police Unit. 10.6 Despite any payments made under this Agreement by the Municipality, there shall be no transfer, granting or creation of any interest in real property or a license, as those terms are defined in the Federal Real Property and Federal Immovables Act, from Canada in favour of the Municipality. All of the real property that is held, acquired, used or administered by Canada to provide and maintain the Municipal Police Unit, other than leased accommodation, shall remain at all times the sole property of Canada. For greater certainty, The Province and the Municipality agree that no real property interest whatsoever or a licence are acquired, created or implied by this Agreement. ARTICLE 11.0 - BASIS OF CALCULATION OF PAYMI ENT 11.1 a) Subject to any other terms of this Agreement, in respect of each Fiscal Year the Municipality will pay to Canada, at the applicable cost -sharing ratio determined in accordance with paragraph (b), the cost of providing and maintaining the Municipal Police Unit as determined in accordance with this article. b) The cost of the Municipal Police Unit will be shared between Canada and the Municipality as follows: i) if the Municipality has a population of less than 15,000, the Municipality will pay to Canada 70 per cent of the cost; and ii) if the Municipality has a population of 15,000 or more, the Municipality will pay to Canada 90 per cent of the cost. 11.2 The cost referred to in subarticle 11.1 will include expenditures made by Canada in each Fiscal Year to provide and maintain the Municipal Police Unit, including: W1 a) all operating and maintenance costs such as Salaries and wages, transportation and travel, information, professional services, rentals, repairs, utilities and supplies, and miscellaneous operational expenses as established by the RCMP's Chart of Accounts; . b) all costs of Equipment purchases, except if the cost for an Equipment purchase is equal to or exceeds $150,000 and if the CEO has requested that such cost for that purchase be amortized in accordance with paragraph (1); c) the cost to Canada for the employer's Pension Contribution with respect to Members under the Royal Canadian Mounted Police Superannuation Act, the Special Retirement Arrangements Act and the Supplementary Retirement Benefits Act determined by the provisions of the Provincial Police Service Agreement; d) the cost to Canada for the employer's Pension Contribution with respect to federal public service employees, which Pension Contribution shall be determined annually by reference to the Actuarial Report of the Office of Superintendent of Financial Institutions; e) the cost to Canada for the employer's contributions made under the Canada Pension Plan with respect to Members and federal public service employees; i the cost to Canada of the employer's contributions for employment insurance with respect to Members and federal public service employees; g) the per Member costs for each category described in clauses (A) through (E), which are shared by all activities in the Division, will be calculated by: i) dividing the total costs of each category (A) through (E), by ii) the annual Full Time Equivalent Utilization of all Members for all activities in the Division for each Fiscal Year, excluding those Members who are assigned to divisional/regional headquarters administration, and iii) multiplying the result by the Full Time Equivalent Utilization of Members of the Service. A) Divisional and regional headquarters administration services, such as: 1) Management; 20 2) Financial Management; 3) Human Resources; 4) Information Technology; and 5) Asset Management; B) Special Leave, such as: 1) Medical; 2) Maternity; 3) Paternity; 4) Parental; 5) Graduated Return to Work; and 6) Pregnant Member Working; C) Pay in lieu of leave; D) Health Services, such as: 1) Health Services for regular members; 2) Health Services for civilian members; 3) Health Services for non-members, including Applicants and Public Service Employees; and 4) Health Services Offices/Administration Unit; E) Earned Retirement Benefit, provided always that if it becomes technically possible to allocate these costs in a manner that reflects the jurisdiction in which the Earned Retirement Benefits were accrued then the allocation method may be changed; h) for the Fiscal Years beginning April 1, 2012, and ending March 31, 2015, all the costs of recruiting, the Cadet Training Program at Depot and the Police Dog Service Training Centre incurred by Canada and listed in the 21 provisions of paragraph (i) will be deemed to be equal to the product obtained by multiplying $3,500 by the total FTE Utilization of Members in the Municipal Police Unit for the Fiscal Year; i) beginning April 1, 2015, all the costs of recruiting, Cadet Training Program at Depot, and the Police Dog Service Training Centre to be determined as follows: Recruiting i) The average of all the expenditures made by Canada in respect of recruiting for the RCMP for the previous three Fiscal Years, divided by the average FTE Utilization of Members in the RCMP for the previous three Fiscal Years and multiplying the result by the total FTE Utilization of Members in the Municipal Police Unit for the Fiscal Year. A) The expenditures made by Canada for recruiting, such as: 1) Divisional, Regional and National Recruitment, including things such as: the salary and travel of recruiters, office supplies and equipment, and, advertising and marketing. 2) Processing of Applicants, including things such as: the travel of applicants, recruitment steps like career presentations, written examinations, physical, medical and psychological testing, interviews to assess suitability of applicants, reliability examinations using a polygraph interview, field investigations and the issuing of security clearances. B) The expenditures made by Canada for major capital investments to construct, Renovate or acquire buildings for recruiting are excluded. Cadet Training Program at Depot ii) The average of all the expenditures made by Canada in respect of the Cadet Training Program at Depot for the previous three Fiscal Years, less the average of any revenues received by Canada in respect of the provision of training services to third parties for the previous three Fiscal Years, divided by the average FTE Utilization of Members in the RCMP for the previous three Fiscal Years and multiplying the result by the total FTE Utilization of Members in the Municipal Police Unit for the Fiscal Year. LZ A.) The expenditures made by Canada for the Cadet Training Program at Depot, such as: 1) Cadet Training, including things such as: cadet allowance; clothing and operational equipment; travel to Depot and relocation of the cadet to their first posting; 2) Training Support and Depot Administration, including things such as: salaries; relocation of trainers to Depot; office supplies and equipment; 3) Facilities operating and maintenance, including things such as: maintenance equipment and vehicles; professional and contractual services; utilities and minor capital; B) The expenditures made by Canada for the Cadet Training Program at Depot exclude expenditures made in respect of major capital to construct, Renovate or acquire buildings, and exclude the operating and maintenance for buildings at Depot that are not used to support the Cadet Training Program (such as the RCMP Heritage Centre). Police Dog Service Training Centre iii) The average of all the expenditures made by Canada in respect of the Police Dog Service Training Centre ("PDSTC") for the previous three Fiscal Years, less the average of any revenues received by Canada in respect of the sale of dogs or the provision of training services to third parties for the previous three Fiscal Years, divided by the average FTE Utilization of police dog teams in the RCMP for the previous three Fiscal Years, and multiplying the result by the total FTE Utilization of police dog teams in the Municipal Police Unit for the Fiscal Year. A) The expenditures made by Canada for PDSTC, such as: 1) Dog Breeding, including such things as: kennel operations, equipment, professional services (e.g., veterinary). 2) Dog Team Training Program (police dog and handler) and Validation (re -certification) including things such 23 as: training operations, and the salary and travel of instructors. 3) PDSTC Administration, including things such as: salaries, operating and maintenance, relocation to PDSTC, and office supplies and equipment; and 4) Facilities operating and maintenance, including things such as: maintenance equipment and vehicles, utilities, minor capital, and contractual services. B) The expenditures made by Canada for major capital to construct, Renovate or acquire buildings in support of the PDSTC are excluded. j) the costs incurred by the Municipal Police Unit for participation in the PRIME -BC (RMS) information management system, operated by PRIMECORP Police Records Information Management Environment Incorporated. k) the cost incurred by Canada in providing security at points of entry in respect of the Municipal Police Unit, including at divisional or regional headquarters, determined on a proportional basis relative to the total occupancy of the building; 1) if any item of Equipment —Type A costs at least $150,000 and if requested by the CEO, an amount equivalent to the straight line amortization of the capital cost over the estimated life of that item of equipment, together with interest at a rate equal to the Applicable CRF Lending Rate on the unpaid balance of the capital cost. The estimated life of that item of equipment will be no longer than the period determined by Canada to depreciate such equipment and the amortization period will not exceed the estimated life of that item of equipment. The CEO may also specify an amortization period that is shorter than the estimated life of the item of equipment; m) the cost of maintaining and providing the Public Complaints Commission to be calculated in each Fiscal Year by dividing the cost to Canada of maintaining and providing the Public Complaints Commission for that Fiscal Year by the total FTE Utilization of Members in the RCMP in that same Fiscal Year and multiplying the result by the total FTE Utilization of Members in the Municipal Police Unit in that same Fiscal Year; n) the cost for legal advisory services received by the RCMP in direct support of providing and maintaining the Municipal Police Unit within the municipality, and those costs are to be calculated by: 24 i) dividing the applicable base amount determined in accordance with subparagraphs (ii) and (iii) by the total FTE Utilization of Members in the police services of each province, territory, and municipality with which Canada has a similar agreement or an agreement for a municipal police service and multiplying the result by the total FTE Utilization of Members in the Municipal Police Unit for the Fiscal Year; ii) for the Fiscal Year beginning April 1, 2012, and ending March 31, 2013, the applicable base amount is to be $2,000,000; and iii) each base amount established under this Agreement will be adjusted in the next Fiscal Year to establish a new base amount to be applicable to that next Fiscal Year, such adjustment is to be calculated on the basis of any change during the immediately preceding Fiscal Year in the National Consumer Price Index determined by Statistics Canada, such adjustment to be made immediately following when that change becomes known. iv) The initial value of the Consumer Price Index will be 118.8, for the month of November 2011 as set out in Table 6 of the Consumer Price Index published by Statistics Canada. v) For greater certainty, the costs for legal advisory services are not to include those costs related to a matter where Canada and the Municipality are adverse in interest or if the costs are excluded by operation of paragraph 11.3(c) or subarticle 11.10. o) where costs are incurred by the RCMP to provide and maintain the enhanced reporting and accountability capacity to provide improved administration of this Agreement, the Province's share of those costs are to be calculated by: i) dividing the costs determined in accordance with subparagraph (ii) by the total FTE Utilization of Members in the police services of each province, territory, and municipality with which Canada has a similar agreement or an agreement for a municipal police service and multiplying the result by the total FTE Utilization of Members in the Municipal Police Unit for the Fiscal Year; ii) subject to subparagraph (iv), the costs are deemed to be $1,500,000. iii) The RCMP will provide annual statements on the number, location 2C and position of all staff assigned to provide and maintain the enhanced reporting and accountability capacity and the activities generated by those staff. iv) By March 31, 2015, the Contract Management Committee established under the Provincial Police Service Agreement will undertake a review of reports being produced to assess whether they are meeting the interests of the Committee, whether adjustments are necessary and to assess associated cost implications of any adjustments if made. v) The parties acknowledge that the enhanced reporting and accountability capacity will, to the extent reasonably possible, generate such reporting as may be required under the terms of this Agreement. vi) The parties acknowledge that the resources dedicated to such capacity may only be increased by agreement between Canada, the Province and all of the provinces and territories with which Canada has an agreement similar to Provincial Police Service Agreement, and if an increase is agreed to, that the base amount will be revised by agreement in writing. vii) The parties acknowledge that Canada and the Province have committed to work together to avoid a duplication of existing capacity within the Service and to explore ways in which they can better utilize that capacity to provide improved administration of this Agreement. 11.3 The cost of each Municipal Police Unit will not include: a) the cost of relocation of personnel; b) the cost of Equipment —Type A if such cost is at least $150,000 per item and if the CEO has requested that such cost be amortized under paragraph 11.2(1); c) the cost of any civil action, compensation claim, ex gratia payment or claim for associated legal fees; and d) the cost incurred by Canada in respect of providing point of entry security for federal buildings other than divisional or regional headquarters. 11.4 If the Municipality has a population of under 15,000, the Municipality will pay to Canada in each Fiscal Year the costs determined in accordance with subarticle 11.2 and calculated by applying the following formulae: 26 a) A/AM = PM, where: i) "A" is the aggregate cost of all the Municipal Police Units in municipalities in the Province having a population of less than 15,000; ii) "AM" is the FTE utilization of Members utilized in those Municipal Police Units for the Fiscal Year; and iii) "PM" is the yearly cost per Member of the Municipal Police Units in those municipalities; and b) PM x QA x 0.7 = C, where: i) "PM" has the meaning given to it in paragraph (a); ii) "QA" is the projected FTE utilization of Members to be utilized in the Municipal Police Units for that Fiscal Year; and iii) "C" is the amount of costs referred to in subarticle 11.2 that is payable by the Province for that Fiscal Year. 11.5 If the Municipality has a population of 15,000 or more, the Municipality will pay to Canada in each Fiscal Year the costs determined in accordance with subarticle 11.2 and calculated by applying the following formulae: a) A/AM = PM, where; i) "A" is the cost of providing the Municipal Police Unit in the Municipality; ii) "AM" is the FTE utilization of Members utilized in the Municipal Police Unit for the Fiscal Year; and iii) "PM" is the yearly cost per Member of the Municipal Police Unit in the Municipality; and b) PM x QA x 0.9 = C, where i) "PM" has the meaning given to it in paragraph (a); ii) "QA" is the projected FTE utilization of Members to be utilized in that Municipal Police Unit for that Fiscal Year; and 27 ill) "C" is the amount of costs referred to in subarticle 11.2 that is payable by the Province for that Fiscal Year. 11.6 For purposes of determining costs pursuant to this article, any Member who is on: a) sick leave or suspended for more than 30 consecutive days; b) parental leave; or c) pension retirement leave will be deemed not to be in the Municipal Police Service and the costs relating thereto will be allocated to divisional headquarters administration. 11.7 There will be deducted from the cost payable by the Province in respect of a Municipal Police Unit: a) any amount, at the appropriate cost sharing ratio set out in paragraph 11.1(b), subsequently refunded or reimbursed to Canada with respect to any expenses that were paid by the Province; b) any amount, at the appropriate cost sharing ratio set out in paragraph 11.1(b), received by Canada from the sale, transfer out of the Municipal Police Unit or other disposition of any item of Equipment that cost less than $150,000 and was purchased by Canada for use in the Municipal Police Unit. 11.8 Canada will pay 100 per cent of all of the costs incurred in respect of the External Review Committee and the Staff Relations Representative Program or their respective successors. 11.9 In respect of the Municipal Police Unit, except where the Province accepts responsibility for costs, the Municipality will pay to Canada 100 per cent of all of the following costs: a) hospitalization, medical examination or treatment, including mental health examination or treatment, for any person in the custody of the RCMP except if such costs have been incurred in the obtaining of evidence; b) witness fees, transportation, maintenance and escort costs for persons (except for Members and Support Staff) required as witnesses in criminal and civil proceedings and proceedings under provincial laws; c) conveyance by a third party that is obtained by a Member of the Service for a disabled, injured, ill or deceased person if the cost of the service is not paid by or on behalf of the person or their estate; W. d) all incremental costs incurred when, at the request of a Municipality listed in Annex "A", the scope and duration of a search and rescue operation is extended beyond that which the Member in Charge considers to be appropriate in the circumstances and the Member in Charge has so advised the CEO. 11.10 a) The Municipality acknowledges that under the Municipal Police Service Agreement if any Member employed in any Municipal Police Unit receives the benefit of any statutory defence such as that provided by the Police Act (British Columbia) to any claim or action and in connection therewith the Province may be or may become liable for any of the payments contemplated by subparagraph 11.3(c), Canada will indemnify and hold harmless the Province with respect to any such claims or actions and Canada will assume the conduct and the carriage of any proceeding relating to such claim. b) The Municipality will promptly notify Province of any claim or action referred to in paragraph (a) and, upon request, the Municipality will provide all reasonable assistance to the Province, Canada or the RCMP with respect to any such claim or action.. b) The Municipality will not compromise or settle any such claim or action without the consent of Province. 11.11 In respect of each Municipality, the Municipality will pay separately to Canada, at the appropriate cost sharing ratio determined in accordance with paragraph 11.1(b), the cost of overtime utilized by or on behalf of the Municipal Police Unit. ARTICLE 1.2.0 - EQUIPMENT 12.1 a) Equipment supplied by Canada for use by the Municipal Police Unit will be of a standard and quantity that is necessary to carry out its responsibilities under this Agreement. b) Canada, in procuring such Equipment, will do so in accordance with its own procurement practices and procedures, directives of the Treasury Board of Canada and the Government Contract Regulations. 12.2 If any item of Equipment —Type A that was purchased during this Agreement by Canada at a cost of more than 5150,000 for the Municipal Police Unit, is lost, damaged, destroyed or removed from the Municipal Police Unit, the financial consequences from the loss, damage, destruction or removal of that item will be determined as follows: 29 a) if the Municipality paid for the item in full at the applicable cost -sharing ratio in the year of acquisition, the Municipality will be credited, at the applicable cost -sharing ratio stipulated in paragraph 11.1(b), with the Fair Market Value, if any, of that item; b) if the Municipality has not yet paid its full share of the purchase cost of the item, the Municipality will be credited with a percentage of the Fair Market Value of that item that is equal to the proportion of the amounts paid by the Municipality for that item, exclusive of interest, up to the time of loss, damage, destruction or removal divided by the original acquisition costs incurred by Canada for that item; c) the Fair Market Value referred to in paragraph (a) and (b) is to be determined as of the time immediately preceding the loss, damage, destruction or removal of the item; and d) if the item of Equipment is subject of amortization in accordance with subparagraph 11.2(1), the payments will cease in the Fiscal Year when the item was lost, damaged, destroyed or removed. ARTICLE 13.0 - TRANSFER OF OWNERSHIP OF EQUIPMENT 13.1 In the event of the expiry or termination of this Agreement: a) subject to subarticle 13.2, the ownership of any item of Equipment that was purchased by Canada for the Municipal Police Unit and in respect of which the Municipality has paid its full share, will, at the option of the Municipality: i) be acquired by the Province pursuant to its option under the Municipal Police Service Agreement, upon payment by the Municipality to Canada of an amount equal to the amount that the current Fair Market Value exceeds the amount, exclusive of interest, already paid to Canada by the Municipality for that item of equipment and then be transferred to the Municipality; or ii) remain vested in Canada, in which case Canada will credit the Municipality with the amount, if any, by which the current Fair Market Value exceeds the amount that Canada paid for that item of Equipment; b) subject to subarticle 13.2, if any item of Equipment —Type A that cost more than $150,000 was purchased by Canada for the Municipal Police Unit and amortized under paragraph 11.2(1) and the Municipality has not yet 30 paid its full share of the expenditures owing for that item of Equipment, then the ownership of that item of Equipment will, at the option of the Municipality: i) be acquired by the Province after the Municipality pays to Canada an amount equal to the amount that the current Fair Market Value exceeds the amount, exclusive of interest, that was already paid to Canada by the Municipality for that item of Equipment, and then be transferred to the Municipality; or ii) remain vested in Canada, in which case Canada will credit the Municipality with a percentage of the Fair Market Value that is equal to the proportion of the amounts paid by the Municipality for that item, exclusive of any interest, up to the time of the expiry or termination divided by the original acquisition costs incurred by Canada for the item; and i) any amortized amount remaining owing by the Municipality in respect of that item of equipment will cease. c) the Fair Market Value referred to in paragraph (a) and (b) is to be determined as of the time immediately preceding the termination or expiry. 13.2 Municipality acknowledges that the option to transfer ownership of an item of Equipment referred to in paragraph 13.1 (a) and (b) may only be exercised by the Province if it has provided notice in writing of the intent to exercise that option; and a) in the event of termination such notice must be received by Canada at least 6 months prior to the date of the intended termination; or b) in the event of expiry such notice must be received by Canada at least 3 months prior to the date of the expiry; and the transfer must be completed within 6 months following the effective date of termination or expiry, unless the Canada and Province agree otherwise. ARTICLE 14.0 - JAILS AND LOCK -UPS 14.1 Canada is under no obligation to maintain any jails for prisoners committed to custody for less than two years for an offence committed within the Province against the Criminal Code, the laws of the Province, or the by-laws of a Municipality, but where necessary due to remoteness or the absence of an 31 efficient alternative, such prisoners may be held in lock -ups maintained by the RCMP. ARTICLE 15.0 - METHOD OF PAYMENT 15.1 a) Subject to paragraph (c), all amounts payable by the Municipality will be due 45 days from the date of receipt of an invoice from Canada; payment will be made by cheque payable to the Receiver General for Canada and sent to the Commissioner in Ottawa, or as Canada might otherwise direct in writing, by registered mail; where the Commissioner and the Minister agree in writing, payments may be made by any other method. b) Canada will invoice for payment on a quarterly basis, on or about July 1, October 1, January 1 and March 31 in each Fiscal Year; with the invoices being for the four periods ending June 30, September 30, December 31, and March 31 respectively, and each invoice will cover 1/4 of the estimated cost of each of the Municipal Police Units for that Fiscal Year. c) Any deficiency in payment or over -payment by the Municipality in one Fiscal Year will be credited to or debited against the Municipality, as the case may be, and will be reflected in the first invoice of the succeeding Fiscal Year. d) The Municipality may make any payment that is required to be made by the Province. ARTICLE 16.0 - FINANCIAL PLANNING AND REPORTING 16.1 a) Each Fiscal Year the Member in Charge and the CEO will, in an agreed upon format and schedule, exchange information necessary for the RCMP to prepare the projected Multi -Year Financial Plan for that Municipal Police Unit, which will include the projected budget for any Divisional and Regional administration that is required to support the Service, for the consideration of the CEO in preparation of the annual budgets for the Service. b) For the purposes of paragraph (a), the Multi -Year Financial Plan will cover a period of three Fiscal Years, or up to five Fiscal Years, as determined by the Minister, beginning on the first day of the next Fiscal Year. c) For the purposes of paragraphs (a) and (b), the information exchanged between the Member in Charge and the CEO will, at a minimum, address the following: 32 i) the number of positions required for the Municipal Police Unit; ii) the resources, including staffing levels, allocated to any Divisional and Regional administration that is required to support the Service; iii) budgetary considerations affecting the Municipal Police Unit and any Divisional and Regional administration that is required to support the Service; iv) the proposed multi -year equipment plans; v) any significant deviation between the budget for the previous Fiscal Year and expenditures for the current Fiscal Year; and vi) any other agreed upon information. d) Each Fiscal Year the Member in Charge will, on or before June 1, provide the CEO with the Multi -Year Financial Plan. e) Each Fiscal Year the CEO will, on or before June 15, provide the Member in Charge with the projected annual budget for the Municipal Police Unit for the next Fiscal Year, as well as the projected budgets, if available, for the balance of the Multi -Year Financial Plan. i} Each Fiscal Year the CEO will, to the extent they become available, provide the Member in Charge with updates of the projected annual budget for the next Fiscal Year for the Municipal Police Unit until the conclusion of the municipal budget process for the next Fiscal Year. 16.2 a) The CEO will, at the conclusion of the municipal budget process for each Fiscal Year, provide to the Member in Charge: i) a written statement indicating the approved annual budget for the Municipal Police Unit for that Fiscal Year•, and ii) if available, a written statement indicating any changes to the projected annual budgets for the balance of the then current Multi - Year Financial Plan. b) The Member in Charge will seek approval from the CEO as soon as feasible with respect to any proposed changes to the said approved annual budget. 16.3 The Member in Charge will at mutually agreeable intervals during the Fiscal Year, and in a standardized format, provide the CEO with the following: 33 a) details of the year-to-date expenditures together with the forecasted expenditures for the remainder of the Fiscal Year including explanations of any material variances from the approved annual budget referred to in subparagraph 16.2(a)(i); and b) proposed changes or updates to the Service's multi -year infrastructure and equipment plans. 16.4 The Member in Charge will, no later than three months following the conclusion of each Fiscal Year, provide the CEO in a standardized format with an accurate, detailed accounting of all actual expenditures for the Municipal Police Unit, together with an explanation of any material variances from the approved annual budget referred to in subparagraph 16.2(a)(i). 16.5 In respect of each Municipality having a population of 15,000 or more, the Member in Charge will obtain the approval of the CEO prior to purchasing Equipment —Type A over $150,000. 16.6 Each Fiscal Year the Member in Charge will provide the CEO with a copy of the current RCMP's Chart of Accounts used to record financial transactions. 16.7 The Member in Charge, being given reasonable notice, will provide the CEO with any additional information reasonably relating to the financial implications of the Municipal Police Unit. 16.8 In addition to the above, the -parties will work to continue to strengthen the overall financial efficiency and administration of this Agreement including developing and implementing on -going initiatives to contain costs and improve long-term financial planning, with a view to achieving greater predictability, efficiency and transparency when budgeting for future policing costs. ARTICLE 17.0 - OPERATIONAL EFFECTIVENESS ASSESSMENTS 17.1 The CEO and the Member in Charge may, in accordance with this article, undertake reviews of matters arising out of the provision of the Municipal Police Unit, and prior to initiating a Dispute under Article 20, the CEO and the Member in Charge should give due consideration to undertaking such reviews. 17.2 The frequency, scope and subject matter to be reviewed are subject to the agreement of the CEO and the Member in Charge. 17.3 If either of the CEO or the Member in Charge wishes to propose a matter for review, they will notify the other in writing of the matter proposed to be reviewed, together with full written details thereof. 34 17.4 If either of the CEO or the Member in Charge is in receipt of a notice provided under subarticle 17.3, they will respond in writing as soon as practicable to provide notice of its agreement or counter -proposal, together with full written details thereof. ARTICLE 18.0 — LOCA.L GOVERNMENT CONTRACT MANAGEMENT COMMITTEE 18.1 There will be a Joint Provincial -Local Government RCMP Contract Management Committee (the "Committee") in accordance with this article. 18.2 The Committee will work towards the goal of providing an efficient and effective police service in support of the administration of justice to all municipalities in the province that receive policing services from the RCMP and to meet the evolving needs of policing in the Province. 18.3 The Committee will be composed of: a) the Assistant Deputy Minister responsible for the administration of the Municipal Police Service Agreement; and b) no more than ten local government representatives, being either elected officials or local government staff, appointed from time to time by the Union of British Columbia Municipalities. 18.4 The Committee will have two Co-chairs; a) one Co-chair will be the Assistant Deputy Minister responsible for the administration of the Municipal Police Service Agreement; and b) one Co-chair will be appointed by the Union of British Columbia Municipalities and, by such appointment, will be the nominee of to be the associate member of the Contract Management Committee for the purposes of paragraph 21.9(b) of the Provincial Police Service Agreement. ARTICLE 19.0 - DISPUTES 19.1 Any issue, matter of general concern, or dispute ("Dispute") arising from this Agreement will be a matter for consultation and resolution between the CEO and the Member in Charge. 19.2 The CEO and the Member in Charge will consult each other should there be any issue, matter of general concern, or dispute arising from the interpretation or 35 implementation of this Agreement, and will, in good faith, attempt to resolve the matter before providing written notice of a Dispute. 19.3 If either of the CEO or the Member in Charge has provided the other with a written notice identifying the nature of the Dispute and containing a request for a meeting, consultations are to take place in a timely manner. 19.4 If a Dispute is related to an invoice under this Agreement, consultation will take place in the following manner: a) Within 30 days of providing notice identifying the nature of the Dispute and containing a request for a meeting, the Member in Charge will attempt to resolve the Dispute with the CEO. b) If some or all of the issues in dispute are not resolved within 45 days of receipt of the notice provided under subarticle 19.3, then the Municipality and the RCMP will attempt to resolve the Dispute through a second level of discussion, to be undertaken between the CEO and the Commanding Officer. c) If some or all of the issues in dispute are not resolved within 60 days of receipt of the notice provided under subarticle 19.3, then the Municipality and the RCMP will attempt to resolve the Dispute through a second level of discussion, to be undertaken among the CEO and the Federal and Provincial Assistant Deputy Ministers responsible for issues related to this Agreement. d) If some or all of the issues in dispute are not resolved within 120 days of receipt of the notice provided under subarticle 19.3, then the Municipality and the RCMP will attempt to resolve the Dispute through a third level of discussion, to be undertaken among the CEO and the Federal and Provincial Deputy Ministers responsible for issues related to this Agreement. e) If some or all of the issues in dispute are not resolved within 180 days of receipt of the notice provided under subarticle 19.3, then the matter will be referred to the CEO and to the Federal Minister and the Minister for resolution in such manner as they will see fit. 19.5 Notwithstanding subarticle 19.4, any Dispute arising from this Agreement may be referred to the Federal Minister and the Minister, or their Deputy Ministers, for consultation and resolution at any time and in such manner as they see fit. 19.6 If a Dispute is not resolved through consultation, it may be dealt with through an alternative dispute resolution process on such terms and within such time as may be agreed to in writing by the Province Minister, the Municipality and the RCMP. 90 19.7 All information exchanged during any part of this process will be regarded as "without prejudice" communications for the purpose of settlement negotiations and will be treated as confidential by all parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable will not be rendered inadmissible or non -discoverable by virtue of its use during any part of this process. 19.8 The provisions of this Agreement will continue to apply despite any Dispute. ARTICLE 20.0 - NOTICE 20.1 Any notice that is required or permitted under this Agreement, to be given by one parry to the other party, will be given in writing and will be communicated as follows: a) to Canada, by registered mail, addressed to the Federal Minister at Ottawa, Ontario; b) to the Province, by registered mail, addressed to the Minister, by official title, at the Parliament Buildings, Victoria, B.C.; and c) to the Municipality by registered mail addressed to the Chief Elected Officer, by official title, at the regular mailing address of the Municipality. ARTICLE 21.0 - REVIEW 21.1 Amendments resulting from any review provided for in Articles 20 and 22 of the Provincial Police Service Agreement will be applicable to and binding on this Agreement. ARTICLE 22.0 - TERM OF AGREEMENT 22.1 a) Notwithstanding the date on which this Agreement was executed and subject to paragraph (c), this Agreement will come into force on April 1, 2012 and, subject to paragraph 22.1(c), will continue in force until March 31, 2032; b) On or after March 31, 2030 and prior to the expiry of this Agreement, this Agreement may be renewed for an additional period upon terms that are agreed to by the parties. c) This Agreement may be terminated on March 31 in any year by either party giving the other party notice of such termination; 37 i) 25 months prior to the date of the intended termination in the case of the Municipality giving such notice; and ii) 23 months prior to the date of the intended termination in the case of the Province giving such notice. ARTICLE 23.0 - DEFAULT 23.1 Despite any other provision of this Agreement, in the event the Municipality fails to perform any obligation under this Agreement, then, and in addition to and without prejudice to any other remedy available to the Province or the Minister, the Province may at its option: a) cancel this Agreement upon two months written notice to the Municipality, unless the default is remedied prior to the expiration of the two month notice period; and b) continue to provide municipal police services to the Municipality pursuant to Section 4 of the Police Act, as amended from time to time, in which event all costs incurred by the Province in continuing to provide such police services will constitute a debt due to and recoverable by the Province pursuant to the Police Act. ARTICLE 24.0 — AMENDMENT 24.1 Subject to subarticle 21.4, this Agreement may only be amended by the written agreement of the parties. ARTICLE 25.0 SURVIVAL 25.1 The obligations and rights set out in Articles 11.10 (Basis of Calculation of Payment), 15(Method of Payment), 20 (Notice), 23 (Default) and 24 (Amendment) will survive the expiry or termination of this Agreement. 25.2 The obligations and rights set out in Article 11 (Basis of Calculation of Payment), except 11.10, will survive following the expiry or termination of this Agreement until the date on which the amount owed by the Municipality under that article is paid in its entirety. 25.3 The obligations and rights set out in subarticle 10.4 (Accommodation) will survive until the day on which the amount owed by the Municipality under this Agreement is paid in its entirety. 38 IN WITNESS WHEREOF the Honourable, Minister of Justice and Attorney General, has hereunto set his hand on behalf of the Province and the Corporate Seal of the Municipality has been hereunto affixed in the presence of its duly qualified officers: SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by the, Honourable Minister of Justice and Attorney General for the Province this day of 2012 in the presence of: THE Corporate Seal of the was hereunto affixed this day of 2012, in the presence of: Minister Justice and Attorney General [C/S] ANNEX "A" MEMBERS ASSIGNED TO THE MUNICIPAL POLICE UNIT Effective Total Date Members April 1, 2012 Amending Document References For the Province For the Municipality This Agreement This Agreement Cr,OM%WOPX%K IChZPrar Pe7im S— 2012-Unit Agnt\12Feb24_2012 Monicipel Police Unit-final.doc MAR GM MAYOR AO_ Ogler _c�'Li_ BRITISH C"'OLUNIBIA Action. February 24, 2012 To: All Municipal and Regional District Financial Administrators Re: Strategic Community Investment Funds In this difficult economic time, certainty is critical for the Ministry of Community, Sport and Cultural Development and for local governments. Restructuring the small community and regional district and traffic fine revenue sharing grants provides this certainty. Many local governments rely on a steady stream of grant funding to meet operational requirements and there are frequently concerns with respect to the level of grant funding for the future. Undertaking the Strategic Community Investment Fund 2012-2014 program allows the Province of British Columbia (Province) to strengthen its commitment to local governments. The Strategic Community Investment Fund 2012-2014 program will achieve the objectives of supporting local government efforts to stimulate local economies and will provide local governments with increased financial certainty while continuing to support investments in community safety for whlich traffic fine revenue sharing grants are intended. Providing more funding sooner allows local governments to make strategic spending decisions, stimulating local economies and creating local jobs. By detailing the level of funding in the Funds Agreement for each of the next three years, both the Province and local governments are provided with budget certainty for the future. As in past years, the grant amounts will be recalculated as new data is received. Under the Funds Agreement, the Province agrees to pay local governments $308.6 million by June 30, 2014. Payments will be made in five instalments. These will include an immediate one-time grant, along with a second installment in June 2012. Installments will occur as listed in the agreement, up to and including June 2014. Funding will be provided in a flexible, objective -based approach, enabling the money to flow quickly to communities while ensuring a strong accountability framework. Local governments receiving funds will continue to develop a plan that sets out the intended uses and performance targets for those funds and will report publicly on their plan and progress towards achieving performance targets by June 30 in each following year. smi In order to access the Funds, please sign the attached Funds Agreement to indicate your acceptance of the terms and conditions within and return to the Ministry of Community, Sport and Cultural Development as soon as possible, and no later than March 23, 2012. The Province cannot ensure payment of Funds to local governments submitting signed Funds Agreements after March 23, 2012 (Trevor Thompson will contact the Province and get an extension on this date). In recognition of the short timeframe to sign and deliver the Funds Agreements, local governments are encouraged to email an electronic version of their signed Agreement. Electronic copies of a signed Funds Agreement may be emailed to: Jen n ifer. Richardson @0 qgv. be. ca. Hard copy original signed Funds Agreements, along with the Council/Board resolution authorizing entering into the Agreement, may be sent to: Mailing Address Ministry of Community, Sport and Cultural Development Local Government Infrastructure and Finance Branch PO Box 9838 Stn Prov Govt Victoria, BC V8W 9T1 If you have any questions, please contact Jennifer Richardson at 250-356-9609 or by email at: Jennifer.Rictards2,2Cjgo,,v.b,..,,.ca. This Agreement made as of 2012, District of Maple Ridge (Local Government) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA represented by the Deputy Minister of the Ministry of Community, Sport and Cultural Development (Province). A. The Province acknowledges that in this difficult economic time, financial certainty is critical for the Province and for local governments. B. The Province intends to strengthen its commitment to local governments by providing Strategic Community Investment Funds (Funds) over the next three years (2012 — 2014). This is also intended to provide bridge financing until local and provincial economies improve. C. By clarifying funding levels for the next three years, local governments are provided with the fiscal certainty required to make spending decisions, stimulate local economies and create jobs. D. The Province and the Local Government acknowledge the importance of reporting to residents on how the Funds are used. The Funds will be provided using a flexible, purpose and objective -based approach to enable the Funds to flow quickly to communities, while ensuring a strong accountability and reporting framework. NOW THEREFORE,. in consideration of the mutual promises herein, the Local Government and the Province agree as follows: Provided the Local Government complies with the terms and conditions of this Agreement, the Province will pay to the Local Government the Funds in the following amounts, for the purposes identified, on or before the date indicated. Assured Funds Use Date Amount Small Community Grants local government services March 31, 2012 $ 0 June 30, 2012 $ 0 March 31, 2013 $ 0 June 30, 2013 $ 0 June 30, 2014 $ 0 Traffic Fine Revenue Sharing Grants defray the cost of local police enforcement March 31, 2012 $414,185 June 30, 2012 $670,673 March 31, 20131 $138,062 June 30, 2013 $394,549 June 30, 2014 $532.611 1. CONDITIONS RELATING TO PAYMENTS BY THE PROVINCE Notwithstanding any other provision of this Agreement, the payment of money, or incurrence of an obligation or commitment, by the Province pursuant to this Agreement, is subject to: (a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act (R.S.B.C. 1996, c. 138) (the "FAA"), to enable British Columbia in any fiscal year or part thereof when any such payment may be required, to make that payment; and (b) Treasury Board, as defined in the FAA, not having controlled or limited, pursuant to the FAA, expenditure under any appropriation referred to in section 1 (a). 2. ACCOUNTABILITY AND REPORTING TO RESIDENTS (a) Local governments receiving Funds will develop a plan that sets out the intended uses and performance targets for the Funds received from the Province. (b) By June 30th and in each following year, the Local Government will report publicly on the plan under section 2(a), and progress made toward achieving performance targets for the Funds in accordance with those plans. 3. TERM This Agreement shall commence on the date that it is fully executed by both of the Parties and shall expire on June 30, 2015. ? F-111 0j 1.11 This Agreement has been executed on behalf of the Local Government by the duly authorized Corporate Officer pursuant to a resolution of the Council or Board, and on behalf of the Province, by the Deputy Minister, Ministry of Community, Sport and Cultural Development. District of Maple Ridge Corporate Officer HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented by the Deputy Minister of the Ministry of Community, Sport and Cultural Development Deputy Minister Ministry of Community, Sport and Cultural Development