Body: Council Type: Document Meeting: Regular Date: 2004 Collection: Documents Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Council Reference Manual/2004 -2006 LSR Cost Sharing Agreement.pdf)
Document Text
DUNCIL MEETING 1 5 MAY 17 ‘05
THIS AGREEMENT made in quadruplicate this _ _ day of
,2005.
BETWEEN: THE CORPORATION OF THE CITY OF KINGSTON hereinafter called “Kingston” OF THE FIRST PART -andTHE CORPORATION OFTHE COUNTY OF FRONTENAC hereinafter called “Frontenac” OF THE SECOND PART WHEREAS the Social Assistance Reform Act, 1997, (BI1I142), S.O. 1997, c.25, and the Services Improvement Act, 1997, (BiJl152), S.O. 1997, c.30, were enacted, a)
to reallocate responsibilities between Provincial and Municipal Governments for the delivery of local services, .
b)
toimprove efficiency in the delivery of certain social and community services by consolidating municipal service management, and
c)
toprovide a mechanism for apportioning the costs oflocal services through agreements orbyarbitration between counties and separated municipalities;
AND WHEREAS the Government of Ontario expects municipalities to provide and to fund either fully orwith provincial financial assistance, certain social, community and health services; AND WHEREAS Kingston has been approved by the Minister ofCommunity and Social Services as the consolidated municipal service manager for Ontario Works, Child Care, Ontario Disability Support Program and Social Housing, and by the Attorney General as the administrative municipal partner forProvincial Offences for Kingston and Frontenac and its consliluent municipalities; AND WHEREAS Frontenac has been approved by the Minister of Health and Long Term Care as the service delivery agent for land ambulance for Kingston and Frontenac and its constituent municipalities; AND WHEREAS Kingston and Frontenac made an agreement dated October 18,2000, to provde for the sharing of costs in respect of local services for a term of three (3) years that ended on December 31, 2003, and which agreement the parties intend shall be replaced by this Agreement and thereafter be ofnofurther force oreffect. THEREFORE IN CONSIDERATION OF the mutual covenants and agreements and subject to the terms and condttions contained in this Agreement, Kingston and Frontenac covenant and agree with each other as follows:
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DEFINITIONS
- In this Agreement; “childcare” means those components of childcare programs that are provided in accordance with the Day Nurseries Acl, RSO 1990, c. 0.2, as amended, and administered by the Consolidated Municipal Service Manager; “Childcare Administration Costs” means the administration costs incurred by the City of Kingston to deliver childcare programs as the delivery agent for Childcare; “cross boundary childcare agreement” means any agreement between the Consolidated Municipal Service Manager and any other consolidated municipal service manager in another jurisdiction which provides for childcare services to residents from within one party’s jurisdiction who access childcare services within the jurisdiction ofthe other party; “emergency hostel services” has the same meaning as defined in Directive No. 4.0-17 of the Ontario Works Policy Directives and shall mean the provislon of board, lodging and personal needs to homeless people on a short term and infrequent basis, excluding emergency reception and/or evacuation centres; “fee subsidy” means subsidized child care tor parents in financial need as determined in accordance with Ministry ofCommunity and Social Services Childcare Guidelines; “local service” means any of: Ontario Works, Ontario Disability Support Program, social housing, childcare, land ambul:lnce and provincial offences administration, or any combination thereof; “net cost’ means, in respect ofOntario Works, Ontario Disability Support, childcare, social housing and land ambulance, the total cost of the local service less all related grants, subsidies, revenue and cost recoveries, save and except Community Reinvestment Funding, received by the service provider; “net revenue” means, in respect of Provincial Offences, the total of all revenue, save and except Community Reinvestment Funding, less all related expenditures incurred by the service provider; “ODSP Program and Administrative Costs” means all program and administration costs as detailed in the Ministry ofCommunity and Social Services Municipal Cost Sharing Report which is provided monthly by the Southeast Ministry oj Community and Social Services Area Office for the Ontario Disability Support Program; ‘‘ODSP Cost of Administration for the CMSM” means the costs incurred by Kingston related to the tracking oj clients, the apportioning of ODSP Program and Administrative costs between Kingston and Frontenac, and liaison with the Provincial Ministry; “Ontario Works Administration Costs” means those administrative costs incurred by the City of Kingston as the Consolidated Municipal Service Manager for Ontario Works, including those administrative costs referred to in the Ontario Works Directive 51.1-17 to which the Province contributes a share; ‘‘Ontario Works Program Costs" means the cost of all recipient allowances, benefits, client related expenses, emergency hostel service costs, Ontario Works Childcare expenses and direct
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employment assistance program delivery costs incurred by Kingston as the consolidated service manager and mandated by the Province; “Province” means the Government ofthe Province ofOntario; “Social Housing Administrative Costs” means all costs incurred by Kingston as the Consolidated Municipal Service Manager to administer the social housing portfolio, including salaries, benefits, and allother related administrative expenses. “Social Housing Program Costs” means all costs incurred by Kingston as the Consolidated Municipal Service Manager for the social housing portfolio to fund the agencies and housing providers toenable them tooperate and maintain the social housing portfolio. “special needs resourcing” means staff, equipment supplies or services for special needs children accessing a child care centre, including licensed private home caregivers and approved recreation programs as determined in accordance with Ministry of Community and Social Services Childcare Guidelines; ‘‘wage subsidy" means salary and benefit enhancement for employees of child care centres, including licensed private home caregivers, as determined in accordance with Ministry of Community and Social Services Child Care Guidelines; “weighted assessmenf’ means the sum of, (a) the product ofmultiplying the assessments for all taxable property within Kingston and Frontenac, as set out on the returned roll provided by the Municipal Property Assessment Corporation for the respective municipality, by the tax ratios for the applicable property class in the respective municipality; and (b) the product ofmultiplying the assessments for allproperties subject topayments in lieu of taxes within Kingston and Frontenac, as set out on the returned roll provided by the Municipal Property Assessment Corporation for the respective municipality, by the tax ratios for the applicable property class in the respective municipality; and (c) an eqUivalent assessment for the education share ofpayments inlieu retained by each municipality; but shall not include the equivalent assessment for institutional grants and flat rate revenue.
OBLIGATIONS OF CONSOLIDATED MUNICIPAL SERVICE MANAGER 2. As the approved Consolidated Municipal Service Manager (the “CMSM’) for Ontario Works, Child Care, Ontario Disability Support Program and Social Housing for Kingston and Frontenac, Kingston shall discharge such responsibilities asthe Province may prescribe for municipal service managers in respect ofthe foregoing local services, including the following: a)
managing the system of local services within the service delivery area;
b)
being accountable tothe Province and local taxpayers for management ofthese services within the policies and standards established bythe Province;
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c)
administering cost-sharing arrangements with the Province for Ontario Works, Child· Care, Ontario Disability Support Program and Social Housing;
d)
determining within Provincial Policies the most cost effective approach as todelivering services toclients in the service delivery area;
e)
taking advantage of opportunities to rationalize delivery across services where it iscost effective and not inconflict with Provincial policies.
OBLIGATIONS OF ADMINISTRATIVE MUNICIPAL PARTNER FOR PROVINCIAL OFFENCES 3. As the approved administrative municipal partner for Provincial Offences for Kingston and Frontenac, Kingston shall discharge such responsibilities as the Province may prescribe for the administrative municipal partner in respect ofthis service, including the following: a) managing the system ofProvincial Offences within the service delivery area; b) being accountable to the Province and local taxpayers for management of this service within the policies and standards established bythe Province; c) administering revenue-sharing arrangements with the Province of Ontario for Provincial Offences; d) determining within Provincial policies the most cost effective approach in the service delivery area; e) taking advantage ofopportunities to rationalize delivery where it is cost effective and not in conflict with Provincial policies. . OBLIGATIONS OF SERVICE DELIVERY AGENT FOR LAND AMBULANCE 4. As the approved service delivery agent for land ambulance for Kingston and Frontenac, Frontenac shall discharge such responsibilities as the Province may prescribe for the service delivery agent inrespect ofthis service, including the follOWing: a) managing the system ofland ambulance within the service delivery area; b) being accountable to the Province and local taxpayers for management of this service within the policies and standards established by the Province; c) administering cost-sharing arrangements with the Province for land ambulance; d) determining within Provincial policies the most cost effective approach in the service delivery area; e) taking advantage ofopportunities to rationalize delivery where it is cost effective and not in conflict with Provincial policies. , APPORTIONMENT OF COSTS 5. During the term of this Agreement, Kingston and Frontenac shall apportion the net costs of
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Ontario Works, Ontario Disability Support, Child Care, Social Housing and Land Ambulance and the net revenue from Provincial Offences in accordance with the provisions of this Agreement for apportioning net costs and net revenue, and neither party shall seek to renegotiate the terms of this Agreement, including the provisioils for apportioning net costs and net revenue, or to submit the apportioning of such net costs and net revenue to arbitration except with the expressed written approval ofthe other party. TERM OF AGREEMENT 6. The term of this Agreement shall be three (3) years, commencing on January I, 2004 and continuing toand ending on December 31, 2006. 7. Any party wishing to change the apportionment of the costs of the local services after December 31, 2006, may give written notice of its wish to the other party at any time after March 31, 2006, and before June 3D, 2006, and such notice shall indicate whether the party giVing the notice wishes to re-negotiate the terms of this Agreement, or to submit the apportionment ofcosts toarbitration. 8. If neither party gives notice in accordance with clause 7 of this Agreement, the term of the Agreement shall continue on a year to year basis after December 31, 2006, and on the same terms and conditions, subject only tothe right ofeither party to again give notice inaccordance with clause 7 between March 31 and June 30 of each year that this Agreement continues in effect. 9. If the parties.are unable to re-negotiate the terms ofthis Agreement on orbefore September30 following notice being given in accordance with Clauses 7 or 8 above and if neither party has given notice requesting the apportionment of costs be submitted to arbitration, this Agreement shall end on the follOWing December 31 and the apportionment of costs between the parties thereafter shall be determined insuch manner as may be prescribed bythe Province.
TERMINATION OF PRIOR LSR AGREEMENT 10. Kingston and Frontenac agree that, effective January 1,2004,this Agreement shall replace the prior agreement between Kingston and Frontenac dated October 18, 2000, that provided for the sharing of local service costs, and thereafter that agreement shall be of no further force or effect. 11. Section 10 ofthis Agreement shall not prevent either party from seeking a reconciliation of and readjustment for Community Reinvestment Funds received from the Province for the years prior to 2004 based on the cost apportionment formulae contained in the lSR Cost Sharing Agreements between the parties in effect for those years.
ONTARIO DISABIUTY SUPPORT PROGRAM 12. Kingston and Frontenac agree that the net cost of ODSP Program and Administrative Costs shall be apportioned between them based on the net cost of the caseload for those clients
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located within the geographic area of each party’s jurisdiction. Where costs billed by the Province are not detailed by geographic residency they will be shared between Kingston and Frontenac in the same proportions that the remaining ODSP Program and Administrative Costs are shared, notwithstanding the inability.ofthe parties todetermine the residency ofthe recipients for those costs. 13. Kingston and Frontenac agree that the net cost ofODSP Cost ofAdministration for the CMSM shall be apportioned between them in the same proportions as their respective shares of Weighted Assessment. ONTARIO WORKS
Kingston and Frontenac agree that the net cost of Ontario Works Program Costs shall be apportioned between them according to the net cost ofthe caseload for those clients located within the geographic area ofeach party’s jurisdiction.
Despite paragraph 14, Kingston and Frontenac agree that they can not determine the residency of the recipients of Emergency Hostel Services and therefore, the net cost of Emergency Hostel Services shall be shared between them in the same proportion that the remaining Ontario Works Program Costs are shared.
Kingston and Frontenac agree that the net cost ofOntario Works Administration Costs shall be apportioned between them in the same proportions as their respective shares of Weighted Assessment. NATIONAL CHILD BENEFIT SAVINGS REINVESTMENT
Kingston and Frontenac agree that the National Child Benefit Savings allocated by the Province will be apportioned between them as follows: (a) in the case of savings for Ontario Disability Support Program recipients, in the same proportions as for ODSP Program and Administrative Costs; and (b) in the case of savings for Ontario Works recipients in the same proportions as for Ontario Works Program Costs,
Kingston and Frontenac agree that each municipality will self direct and administer its respective National Child Benefit Savings reinvestment obligation for Ontario Works and the Ontario Disability Support Program.
Kingston will be responsible forcalculating the reinvestment forecast and apportionment ofthe National Child Benefit SaVings to be allocated by the Province, as well asfor the preparation and submission of related provincial quarterly reports and other reports asmay be required by the Province.
Frontenac will proVide to Kingston all National Child Benefit Savings reinvestment related data required for provincial quarterly reports and other related reports as may be required by the Province and requested by Kingston from time totime.
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- Prior to submitting the reinvestment forecast for National Child Benefit Savings, Kingston shall provide a copy to Frontenac for comment and Frontenac shall provide its comments to Kingston within 10days of receipt.
- In the event that either party fails to meet its obligations as prescribed by the Province for reinvestment of National Child Benefit Savings allocated bythe Province, the parties agree that neither party shall be responsible for any default or shortfall caused by the other party’s failure to comply with Provincial reqUirements. Without limiting the generality of the foregoing, the party in default agrees to reimburse the other party for any reduction in Provincial subsidies caused bythe default orshortfall. CHILD CARE
- Kingston and Frontenac shall be responsible for the payment of any fee subsidy and the cost of any special needs resourcing for clients who reside within their respective geographic boundaries, including any fee subsidy and special needs resourcing that their residents may incur outside of the geographic boundaries of Kingston and Frontenac and that may be provided for incross boundary agreements between the CMSM and adjoining CMSM’s.
- Kingston and Frontenac agree that each ofthe parties shall pay the costs ofthe wage subsidy inthe same proportions astheir respective shares of Weighted Assessment.
- Kingston and Frontenac agree to cost share the net cost ofone time minor capital funding for Health and Safety, for which provincial surplus fee subsidy funding has been approved provincially for reallocation, on the basis of the geographic location of the childcare facility within each party’s jurisdiction where the funding is expended.
- Kingston and Frontenac agree to cost share Childcare Administration Costs in the same proportions as their respective shares ofweighted assessment.
LAND AMBULANCE 27. Kingston and Frontenac agree that the net cost of land ambulance services and administration shall be apportioned between them in the same proportions as their respective shares of Weighted Assessment.
SOCIAL HOUSING 28. Kingston and Frontenac agree that the net Social Housing Program Costs shall be apportioned between them based on the actual net cost of each social housing facility located within their respective geographic areas. 29. Kingston and Frontenac agree that the net Social Housing Administrative Costs shall be apportioned between them in the same proportions as their respective shares of Weighted Assessment.
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PROVINCIAL OFFENCES 30. Kingston and Frontenac shall apportion the net revenue from Provincial Offences in the same proportions astheir respeclive shares ofWeighted Assessment. COMMUNITY REINVESTMENT FUND 31. As the delivery agents, the parties shall report blended cost sharing rates to the Province, in the prescribed form, that accounts for the cost sharing ratios ofall local services as determined bythis Agreement. 32. Upon receipt of Community Reinvestment Fund reconciliations from the Province, the parties will calculate the appropriate Community Reinvestment Fund amounts owing to each party in respect of each of the individual services for which CRF is payable based on the cost apportionment formulae established in this Agreement and make any readjustments that are necessary. 33. For the fiscal year commencing January 1, 2005, the Province has replaced the CRF with the Ontario Municipal Partnership Fund and the parties agree that the provisions of sections 31 and 32 shall apply with necessary modifications in respect oftheir obligations to report to the Province and to calculate the appropriate amounts owing to each party in respect of each of the local services for which the Ontario Municipal Partnership Fund ispayable. INVOICES
.
- Each party to whom a contribution towards the cost ofa local service is payable by the other may issue an invoice in advance for the amount payable on a monthly or quarterly basis. Any invoices or accounts submitted by either party shall be paid on the date that is the later of (i) the first day ofthe billing period and (ii) 30days from the date of receipt, failing which interest shall be paid on the amount outstanding at the prime lending rate ineffect from time to time of the chartered bank providing services to Kingston. ACCOUNTS AND RECORDS
- Frontenac and Kingston shall keep proper accounts and records ofall receipts, revenue, costs and expenditures incurred by Frontenac and Kingston in connection with the local services, and such accounts, records or other relevant information shall be open to inspection and independent audit at all times during business hours by the other whose accredited officers may make any copies and take any extracts that they may require
- Kingston and Frontenac shall from time to time execute and deliver such further documents and instruments and do all acts and things as either party may reasonably require toeffectively carry out orbetter evidence orperfect the full intent and meaning ofthis Agreement. DISPUTE RESOLUTION
- In the event of any dispute about any matter arising out of this Agreement between Kingston and Frontenac, the following shall apply:
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a) If the dispute cannot be satisfactorily resolved by the Chief Administrative officers of Kingston and Frontenac within a reasonable time, the dispute shall be referred to the Rural-Urban Liaison Advisory Committee and the Committee shall report its finding to the respective Councils ofKingston and Frontenac. b) if the dispute remains unresolved, it shall be submitted forthwith to a mediator to be agreed upon bythe parties.
C) If the parties cannot agree on a mediator or if the dispute is not satisfactorily settled between the parties through medialion, the dispute shall be submitted, subject toany other requirements of law, to arbitralion pursuant to the Arbitration Act 1991, or any other means of alternate disputeresolulion satisfactory to the parties, and the decision of the arbitrator, or if more that one, the decision of a majority shall be final and binding on the parties 38. The arbitrator will not have any power to alter or change any provision ofthis Agreement orto Impose any new provision to this Agreement or to substitute any new provisions for any existing provisions or to give any decision inconsistent with the terms and provisions of this Agreement. 39. Each party shall pay its own costs of the arbitration and shall share equally the costs of the arbitrator and any incidental expenses. AMENDMENT 40. No amendment to this Agreement shall be permitted, except bythe written mutual consent of both parties, and any amendment shall be in writing. NO ASSIGNMENT 41. Neither this Agreement nor any ofthe benefits or burdens under it shall be assigned, in whole orinpart, by either Kingston orFrontenac without the prior written consent ofthe other. ' TIME OF THE ESSENCE 42. Time shall be ofthe essence ofthis Agreement. NOTICE 43. Any notice or other document required or permitted to be given orsent or delivered hereunder to any party, shall be inwriting and shall be sufficiently given if it is: a)
delivered personally tothe other party;
b) .
sent tothe party entitled toreceive it by registered mail, postage prepaid; or
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sent by facsimile transmission
Notices shall be sent to the following addresses offacsimile numbers. Inthe case ofKingston Chief Administrative Officer The Corporation ofthe City ofKingston 216 Ontario Street Kingston, ON K7L 2Z3 Fax: 613-546-5133 Inthe case ofFrontenac: Chief Administrative Officer The Corporation ofthe County ofFrontenac 2069 Battersea Road Glenburnie, ON KOH 1SO Fax: 613-548-8460 or to such other addresses or facsimile numbers as the party entitled to or receiving such notice or document may, by notice given in accordance with this clause, communicate or deliver to the other party.
Any notice orother document given in accordance with the foregoing shall: a) if delivered, be deemed tohave been given and received on the date ofdelivery; b) if sent by mail, be deemed to have been given and received on the fourth regular business day following the date of mailing, unless at any time between the date of mailing and the fourth regular business day thereafter there is a discontinuance or interruption of regular postal service, whether due to strike or lock out or work slow down, affecting postal service atthe point ofdispatch ordelivery orany intermediate point, atwhich case, the same shall be deemed to have been given, sent, delivered and received in the ordinary course ofthe mail, allowing for such discontinuance or interruption of regular postal service; c) if sent by facsimile transmission, be deemed to have been given, sent, delivered and received on the date the sender receives confirmation oftransmission. NO WAIVER
No waiver byone party ofany breach by the other party ofany ofits covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach ofany other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any such breach be a waiver of any rights and remedies with respect to such or any subsequent breach. UNENFORCEABILITY OF PROVISIONS
If any clause, condition or term. orany part thereof, contained in this Agreement isdetermined
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by a court ofcompetent jurisdiction to be unenforceable orprohibfied by law the result of which is an over-expenditure byone party and an under-expendfiure by the other party of a cost in respect 01 a local service, compared tothe cost that would hav been incurred had such clause, condition or term not been held unenforceable orprohibited by law, the party that experiences such under-payment shall make a grant under section 11301 the Municipal Actin the amount of such under-payment to the part that experiences the over-payment, with the intent that the actual costs incurred by the parties are the same as or as close as possible to the costs originally intended by them under this Agreement. SUCCESSORS 48. This Agreement shall be binding upon and enure to the benefit ofthe parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties have by the hands of their duly authorized officers under corporate seal executed and delivered this Agreement as atthe date first set out above SIGNED, SEALED AND DELIVERED in the presence of The Corporation of the City of Kingston
Harvey M. Rosen, Mayor
Carolyn Downs, Clerk The Corporation oftheCounty of Frontenac Bill MacDonald, Warden
Elizabeth Fullon, GAO
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