HomeMy WebLinkAboutPD-101-99
DN: PD-I01&9 .,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON llEPORT #3
REPORT
Meeting:
Council
File # J. 0 </' .P e
Res. # c... - 5ft:o ~ 99
Date:
Monday, September 13, 1999
Report #:
PD-101-99 File #:
By-law #
Subject:
MEMORANDUM OF UNDERSTANDING BETWEEN THE
MUNICIPALITY OF CLARINGTON AND THE MINISTRY OF
NATURAL RESOURCES
SAMUEL WILMOT NATURE AREA
PLN. 15.12.3
Recommendations:
It is respectfully recommended:
1. THAT Report PD-101-99 be received;
2. THAT the Mayor and Clerk be authorized to execute the Memorandum of Understanding
on behalf of the Municipality of Clarington; and
3. THAT Mr. Robert Messervey, District Manager, Ministry of Natural Resources be
advised of Council's decision.
1. BACKGROUND
In March, 1998 Council adopted a Management Plan for the Samuel Wilmot Nature
Area. To help implement this Plan, staff submitted a proposal to the Ministry of Natural
Resources (MNR) for funding under the Protection and Enhancement of Fish and
Wildlife Program. The proposal, described in Section 2 of this report, was estimated at
$64,000.00. In July, Staff were verbally notified that the Municipality was awarded
$22,000.00 for the proposal.
Prior to receipt of the funds from the Ministry of Natural Resources, the Municipality is
. required to enter into a Memorandum of Understanding with the Ministry. This report
will briefly describe the terms of the Memorandum of Understanding and outline the
proj ect.
.
REPORT PD-101.99
PAGE 2
2. PROJECT OUTLINE
This is a restoration project that will protect the top-of-bank of the west side of Wilmot
Creek and provide a buffer around sensitive portion of the Newcastle Marsh. The
meadows will be planted in areas that were once cultivated, providing new habitat for
birds, wildlife and butterflies.
The planting will be performed by the Canada-Ukraine Youth Exchange students in the
coming weeks. The seeding of the meadow will be planted under municipal contract.
3. MEMORANDUM OF UNDERSTANDING WITH MNR
The Memorandum of Understanding is the Ministry's standard agreement that is required
when an agency or members of the public receives money from the province to do
improve fish and wildlife habitat.
Under the Memorandum of Understanding the Ministry will provide funding and
technical advise/guidance. The Municipality is required to carry out the work with due
diligence and care in keeping with the expertise expected from it and in a manner
acceptable to the province, use fair purchasing practice in the acquisition of supplies and
provide a progress report to the province in October 1999 and July 2000.
The Memorandum of Understanding also includes particulars regarding waivers,
assignments, insurance and indenmities, conflict of interest and goods and services taxes.
The Memorandum of Understanding is attached hereto for Council's information.
4. RECOMMENDATION
It is recommended that the Council authorize the Mayor and Clerk to execute the
Memorandum on behalf of the Municipality of Clarington.
~0C'''-
REPORT PD-101-99
PAGE 3
Respectfully submitted,
Reviewed by,
cJf'0-V2.-~
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
David J orne, .C.I.P., R.P.P.
Director of Planning & Development
CS*DJC*cd
September 8, 1999
Attachment No.1 - Memorandum of Understanding
No.2 - By-law
ATI'ACHMENT NO.1
MEMORANDUM OF UNDERSTANDING
(pARTNER FUNDING)
Agreement made in triplicate this _ day of AUGUST, 1999.
BETWEEN:
HER MAJESTY THE QUEEN in right of Ontario, as
represented by the Minister of Natural Resources, hereinafter
referred to as the "Crown"
. and-
,
Tbe Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
hereinafter referred to as the "Partecr"
WHEREAS the Crown and the Parteer are committed to work in parteership to enhance wetland and
creek buffers and restore natural habitat at the Samnel Wilmot Nature Area.
AND WHEREAS the Crown and the Parteer agree to implement a variety of hands-on habitat
enhancement initiatives with community volunteers as outlined in Schedule "A";
NOW THEREFORE the Crown and the Parteer agree as follows:
1. INTERPRETATION
It is understood that the use of the term "partner" is not intended and does not create a parteership at law
between the parties,
2. TERM
This Agreement shall commence on the _ day of August, 1999 and terminate on the thirtieth day of
June, 2000.
3. DESIGNATED REPRESENTATIVES
i) The Parteer agrees that the Crown, for the purposes of this Agreement, may act through any
individual designated by the Crown.
ii) For the purposes of this Agreement the designated representative for the Crown is:
Tim Rance, Biologist,
Ministry of Natural Resources, Aurora District
50 Bloomington Road West
Aurora, Ontario lAG 3G8
For the Partner is:
Cynthia Strike, Planner
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario LIC 3A6
iii) Both the Crown and the Partner agree that they may designate a different representative by
providing notice in writing.
4. CROWN OBLIGATIONS
i) The Crown agrees to provide a transfer payment of $22.000 to the Partner upon execution of
this Agreement.
ii) The Crown agrees to provide technical advice/gnidance.
5. PARTNER OBLIGATIONS
i) The Partner shall perform the work and services as outlined in this Agreement with due
diligence and care and in keeping with the expertise expected from it and in a manner
acceptable to the Crown.
ii) The Partner agrees to administer the funds and use fair purchasing practices in the acquisition
of supplies and services associated with all this Agreement.
iii) The Partner will report to the Crown, TIm Rance, on the progress under this Agreement in
October 1999, and at the conclusion of the project on July 2000. These reports will include
a detailed account of expenditures and a summary of activities and achievements of this
project.
6. AUDIT
The Partner shall prepare and maintain books and records of account, including all financial expenditures,
respecting its obligations under this Agreement. Upon reasonable demand the Partner shall permit the
Crown or any person designated by the Crown, to examine, audit and copy any invoices, accounts, receipts
or other records or materials relating to the Partner obligations under this Agreement or to the provisions of
the payment. This provision shall survive for a period of three years after expiration or termination of this
Agreement. The Partner's books may be kept by an independent chartered accountant.
7. TERMINATION
i) If the Partner does not perform its obligations as required by this Agreement, the Crown shall
notify the Partner, in writing, of the deficiency with particulars thereof and the Partner shall
within 30 days of receipt of notice;
a) rectify the deficiency; or
b) meet with the Crown or a designate, in order to agree to the appropriate remedial
action.
ii) If the deficiency is not rectified or appropriate remedial action is not taken within a ninety
day period after the meeting noted in clause I) b), the Crown may demand repayment of all or
part of the money disbursed under this Agreement and that money shall forthwith become due
and payable.
8. WAIVER OF TERMS
The failure of the Crown to insist in one or more instances upon the performance by the Partner of any of
the terms or conditions of this Agreement shall not be construed as a waiver of the right of the Crown to
require future performance of any such terms or conditions and the obligations of the Partner with respect to
such future performance shall continue in full force and effect. A waiver is binding on the Crown only if it
is in writing.
9. ASSIGNMENT
The Partner agrees that this Agreement. or any part thereof, shall not be assigned or subcontracted without
the prior written consent of the Crown, which approval may be withheld by the Crown in its sole discretion.
10. INSURANCE AND INDEMNITY
i) During the entire term of this Agreement. the Partner agrees to obtain and keep in force a
general public liability insurance policy in at least the amount of one million dollars
($1,000.000.00) of lawful money of Canada, that protects the Partner and the employees of the
Partner from all claims. demands. actions. causes of actio,\ that may be taken or made against
them or any of them for any loss. damage or injury. including death, of any nature or kind
whatsoever that may arise through any act or omission or both including negligent acts or
omissions of the Partner or any employee or employees of the Partner or any of them.
ii) The Partner agrees to protect. indemnify, keep indemnified and save harmless the Crown and
Her officers, servants and agents from and against all claims, demands, costs, actions, causes
of action. expenses, legal fees whatsoever which may be taken or made against them or any of
them incurred or become payable by them or any of them for any loss, damage or injury.
including death, of any nature or kind whatsoever arising out of or in consequence of any act.
neglect or omission of the Partner or any employee(s) or subcontractors of the Partner in
connection with the performance of this Agreement
11. OCCUPATIONAL HAZARDS
i) The Partner shall take special note of inherent occupational hazards, if any. The Partner shall
be knowledgeable of. and abide by, the provisions of all legislative enactment. by-laws and
regnlations in regard to health and safety in the Province of Ontario, as well as and without
limiting the generality of the foregoing. the Partner shall specifically ensure that the Partner is
knowledgeable of and performs all obligations imposed by the Occupational Health and
Safety Act of Ontario.
ii) The Partner shall at all times have available a competent supervisor who is authorized to act
on the Partner's behalf. and who is to ensure that the work and services are properly and safely
carried oul.
12. INDEPENDENT CONTRACTOR
The Partner agrees to be an independent Contractor for all intents and purposes and that the employees of
sub-contractors of the Partner shall not be or be deemed to be employees of the Crown.
13. COMPLY WITH THE LAWS
The Partner and the Partner's employees and representatives. if any. shall at all times comply with any and
all applicable federal. provincial and municipal laws, ordinances, statutes, rules. regulations and orders, and
all by-laws of all relevant local authorities.
14. CONFLICT OF INTEREST
i) The Partner, any of the sub-contractors and any of their respective advisors, partners,
directors, officers, employees, agents and volunteers shall not engage in any activity or
provide any services to the Crown where such activity or the provision of such services,
creates a conflict of interest (actually or potentially in the sole opinion of the Crown) with
provision of services pursuant to the Agreement. The Partner acknowledges and agrees that it
shall be a conflict of interest for it to use confidential information of the Crown relevant to the
services where the Crown has not specifically authorized such use.
ii) The Partner shall disclose to the Crown without delay any actual or potential situation that
may be reasonably interpreted as either a conflict of interest or a potential conflict of interest.
iii) A breach of this Section by the Partner shall entitle the Crown to terminate the Agreement, in
addition to any other remedies that the Crown has in the Agreement, in law or equity.
IS. GOODS & SERVICES TAX
The crown certifies that the suppliesfequipment/services purchased hereby are solely for the use of the
Crown and therefore not subject to the Goods and Services Tax.
16. ENTIRE AGREEMENT
The parties hereto agree that this Agreement embodies the entire Agreement between the parties and the
Partner represents that in entering into this Agreement the Partner does not rely upon any previous oral or
implied representation, inducement or understanding of any kind or nature.
17. SCHEDULES
The Crown and the Partner agree that the provisions of Schedule A to this Agreement form a part of this
Agreement as if fully incorporated herein.
IN WITNESS WHEROF the parties hereto have executed this Agreement
SIGNED, SEALED AND DELIVERED
in the presence of
c~~
witness as to execution by Tim Rance
(signature of witness)
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HER MAJESTY THE QUEEN
in right of Ontario
((~
R.W. Messervey, District M:::!:J
as authorized by the Minister of Natural
Resources for the Province of Ontario
The Municipality of Claringtnn
Mayor
Clerk
SCHEDULE "A"
to the Agreement between the Crown in right of Ontario and The Corporation of the Municipality of
Clarington
PROJECT OUTLINE
1. Project Title - Samuel Wilmot Nature Area RestoratioDS and Habitat Enhancement Project.
This is a restoration project that will protect the top-of-bank Qf the Wilmot Creek and provide a
buffer around sensitive portions of the Newcastle Marsh. The meadows will be planted in areas
that were once cultivated, providing new habitat for birds, wildlife and butterflies.
2. Deliverables
The seed and buffer planting will be purchased through the Municipality of Clarington Purchasing
Department using all policies and procedures, including purchasing goods and services locally.
The seed and plant material will be purchased in the fall 1999.
3. Scope of Work
The Municipality of Clarington is hosting a Canada-Ukraine student exchange for 12 weeks in
July-October. The students will be involved in many projects throughout the municipality,
including the planting buffer material in the Samuel Wilmot Nature area in the fall 1999. The
seeding of the wildflower meadow and grass seed will be planted under municipal contract.
AITACHMENT NO.2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-140
being a by-law to authorize the execution of the Memorandum of
Understanding between the Corporation of the Municipality ofClarington
and the Ministry of Natural Resources.
WHEREAS the Corporation of the Mnnicipality of Clarington and the Ministry of
Natural Resources are the owners of land situated within the Samuel Wilmot Nature
Area.
AND WHEREAS the Municipality of Clarington applied and received the sum of
$22,000.00 from the Ministry for habitat protection and enhancement projects in the
Samuel Wilmot Nature Area.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality ofClarington enacts as follows:
1. THAT the Mayor and Clerk be authorized to execute on behalf of the
Corporation of the Municipality of Clarington a Memorandum of Understanding
between the Corporation of the Municipality of Clarington and the Ministry of
Natura! Resources.
2. THAT the Agreement attached hereto as Schedule "A" shall form part of this By-
law_
BY-LAW read a first time this
day of
1999.
BY -LAW read a second time this
day of
1999.
BY -LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK