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HomeMy WebLinkAboutPD-19-99 "<"" " . ~ .LON: P"," 19-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeti ng: General Purpose and Administration Committee File# Date: Monday, February 15, 1999 Res. #c:,~ A - 710 - qCf Report #: PD-19 -99 By-law # Subject: MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-19 -99 be received; 2. THAT the Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be APPROVED; 3. THAT the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; 4. THAT Council provide a grant to Valleys 2000 equivalent to the insurance premiums up to a maximum of $1000.00 per yearfor five years and that such funds be drawn from 7007-X-254 Unclassified Admin - Insurance Coverage; and 5. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. 1. BACKGROUND 1.1 On December 7, 1998, Rev. Frank Lockhart and Mr. Bob Simpson appeared before Council advising of a proposed community millennium project to be sponsored largely by the Bowmanville Lions Club, the Bowmanville Rotary Club, the Healthy Communities Committee and other community members. The Project included a trail system and other features that would enhance the Bowmanville Creek Valley from the downtown core to the waterfront (see Attachment No.1). Rev. Lockhart and Mr. Simpson noted that the project would not be supported by taxpayer dollars but did request the following: 606 c . REPORT PD-19-99 PAGE 2 ~, a) Municipal Staff support to assist in cCK>rdinating the project; b) the Municipality assume all the lands; and c) maintenance of the completed project. Council endorsed the project and their requests. 1.2 Update of the Committee's Progress The Committee has met several times in the last month. Staff from the Planning and Development Department, Public Works Department and Property Management on occasion, have attended these meetings. The following is a brief update on the progress of the Committee since December, 1998. . Created a new project and committee name - Valleys 2000. . Terms of Reference have been prepared for the project and a planning/landscape architect firm will be retained sometime in February. . Determined that, if sufficient funds were raised, the scope of their work would include Soper Creek Valley from the Visual Arts Centre to Concession Street, the Bowmanville Creek Valley from Highway 2 to Jackman Road. . Created sub-committees for fundraising, finance, public relations, property liaison, planning and development, and cultural heritage. . Prepared the appropriate appl ications to establ ish Valleys 2000 as a charitable organization. . Applied to the Province of Ontario for funding under Special Projects & Ministry of Natural Resources CFWIP program. 1.3 During the preparation of the Terms of Reference and the application for a charitable status, it became apparent that the roles of the Valleys 2000 and the 6D7 , , REPORT PD-19-99 PAGE 3 Municipality were unclear. As such, a Memorandum of Understanding has been prepared. (see Attachment No.2). The purpose of this report is to provide Council with an overview of the Memorandum of Understanding, inform Council of its implications to the Municipality and to seek authorization for the Mayor and Clerk to execute the agreement on behalf of the Municipality of Clarington. 2. THE MEMORANDUM OF UNDERSTANDING 2.1 The highlights of the Memorandum of Understanding are noted below. . Valleys 2000 will: retain the services of a planning/landscape architect firm; collect all funds, and be responsible for the payment of expenses relating to the consultant, fundraising, publicity, volunteer labour, buildings or structures and land enhancements; co-ordinate any volunteer work labour for trail construction, tree plantings, bank stabilization and any other projects; obtain their own liability insurance for no less than $2,000,000 and naming the Municipality as an additional insured; supervise all volunteer work activities and ensure appropriate safety equipment is available; and apply for and administer funding sources other than those requiring municipal sponsorship. . The Municipality will: , accept title (free and clear of all encumbrances) to all lands and/or easements for the lands identified in the Valleys 2000 concept. This includes assuming the liability for all the lands identified in the Valleys 2000 concept and the legal costs associated with accepting the title to the lands; tender and administer the construction of buildings and structures identified in the concept, upon receipt of the funds or a security to the Municipality's Treasurer; 6Q~ '. REPORT PD-19-99 PAGE 4 apply for funding on behalf of Valleys 2000 when required; and maintain the trails and other enhancement features in the valleylands as these items are built. A Project Work Team will be established which will include one staff member from Planning and Development, Public Works, Marketing Tourism and Economic Development and the Property Manager who will work with four members of Valleys 2000 to co-ordinate the project. The Memorandum will expire on December 31,2004 at which time all remaining assets and funds will be transferred to the Municipality. Prior to this date, however a Schedule of Works determining how the balance of assets and funds are to be used will be prepared. The Municipality will not assume any debt accumulated by Valleys 2000. 3. INSURANCE COVERAGE 3.1 This project has been conceived by the community and will be funded by the community. However, the Municipality will be the owner of the lands for the project. Valleys 2000 is of the opinion that they are closely linked with the Municipality in this project and should therefore be covered by the Municipality's insurance policy. The Municipality's insurer will not provide coverage for groups that are not committees of Council. If Valleys 2000 is formed as a committee of Council they lose many of the government and private agency funding opportunities. Since Valleys 2000 is developing open space and park land for the benefit of the Municipality, Staff recommend that Council provide a grant equivalent to insurance premiums up to an upset limit of $1,000. per year for five years. This will be considered part of the Municipality's financial contribution to the project. The Treasurer concurs with this approach. 609 REPORT PD-19-99 PAGE 5 4. CONCLUSIONS 4.1 The Valleys 2000 project is an exciting millennium project for the Municipality of Clarington. The Memorandum of Understanding defines the roles and responsibilities of both Valleys 2000 and the Municipality of Clarington. Staff recommend that the Memorandum of Understanding be approved and authorized by the Mayor and Clerk and that the sum $1,000. be granted for the next five years to assist the group in covering the costs of insurance. This report has been reviewed by the Director of Public Works, the Treasurer and the Property Manager. They concur with its contents. Respectfully submitted, Reviewed by, U",,().flQ~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Da' J. Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development CRS*DjC*cc February 5, 1999 Attach. Interested parties to be notified of Council and Committee's decision: Rev. Frank Lockhart, Chair Valleys 2000 P.O. Box 364 Bowmanville, Ontario L 1C 3L1 610 ATTACHMENT NO.1 -" ~, ~e_ ~[SCEHT 1rmi >~ ) / <! D[ "lU-CARTIER 21 ~o"' ! THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valleys 2000, WHEREAS at its meeting of February 15, 1999 the Council of the Corporation of the Municipality of Clarington adopted the recommendations contained in Report PD-19-99; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington 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 Valleys 2000, 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 199B, BY-LAW read a second time this day of 1998, BY-LAW read a third time and finally passed this day of 1998, MAYOR CLERK 614 ATTACHMENT NO.2 MEMORANDUM OF UNDERSTANDING Made this day of ,1999 BETWEEN THE MUNICIPALITY OF CLARINGTON Hereinafter called "the Municipality" OF THE FIRST PART And VALLEYS 2000 OF THE SECOND PART WHEREAS a number of community groups and interested citizens have joined together to form Valleys 2000; AND WHEREAS Valleys 2000 will establish a trail from the downtown core to the waterfront and construct other features that enhances the Bowmanville Creek Valley over a five year period, to the year 2004; AND WHEREAS Valleys 2000 will protect or enhance the environmentally sensitive features of the Bowmanville Creek Valley in any works it undertakes; AND WHEREAS Valleys 2000 will consider establishing a trail system in the Soper Creek valley and extend the trail in the Bowmanville Creek valley north of the downtown core, at sometime in the future; AND WHEREAS Valleys 2000 will initiate a fund raising campaign for funds necessary for this project; AND WHEREAS the Council of the Municipality of Clarington has heartily endorsed the project; NOW THEREFORE in consideration of the premises the Municipality and Valleys 2000 have agreed to enter into this Memorandum of Understanding. 1. Valleys 2000 accepts fully the responsibility for selecting and entering into a contractual agreement with a consultant who shall develop and recommend a concept plan for the Valleys 2000 project. 2. The Municipality will provide input into the selection process and contractual agreement for services with the selected consultant. 612 Memorandum of Understanding 3. The Municipality will accept title(free and clear of all encumbrances) to all lands and/or easements for the lands identified in the Valleys 2000 concept, at no cost to the Municipality. The lands shall be in a condition satisfactory to the Municipality's Director of Public Works. 4. Valleys 2000 accepts the responsibility for collecting all funds including following up of any pledges, and the payment of all expenses relating to the consultant, fundraising, publicity, volunteer labour, building or structures, land enhancements including bank stablization. 5. Valleys 2000 will be responsible for applying and administering all other municipal, provincial and federal grants, and/or other funding sources. The Municipality will apply for funding available through various government organizations, on behalf on Valleys 2000 if requested. 6. A Project Work Team shall be established which will include four members from the Municipality's staff and four members of Valleys 2000 to co-ordinate the project. The Project Work Team shall be responsible for the following: · managing the work program of the consultant; · negotiating the purchase and/or easements for the lands required; · public relations and publicity associated with this project; and · co-ordinate an implementation schedule of all works. 7. The Municipality, in consultation with Valleys 2000, will tender and administer the contracts for the construction of buildings or structures identified in the Valleys 2000 concept, upon receipt of funds or a security acceptable to the Municipality's Treasurer. 8. Valleys 2000 will maintain in effect liability insurance of not less than $2,000,000, naming the Corporation of the Municpality of Clarington as an additional insured. A copy of the insurance certificate is to be filed with the Municpality of Clarington. 9. Valleys 2000 is responsible for any claims directly related to the trail or any other enhancements which are built or constructed by volunteers until such time as it has been assumed by the Municipality. A Release, Waiver and Indemnity must be completed and returned to the Municipality Clarington prior to any use of undertaking of any works in the Bowmanville Creek Valley. 10. Valleys 2000 will be responsible for co-ordinating any volunteer work labour for trail construction, tree planting, bank stablization and any other projects. The site must be left in a condition acceptable to the Municipality's Director or Public Works. 613 . . Memorandum of Understanding 11. Valleys 2000 will supervise all volunteer work activities to ensure that all appropriate legislation and regulations are adhered to, including the appropriate safety equipment and training. 12 Valleys 2000 will ensure that first aid and communication equipment and written safety procedures manual be established and maintained during volunteer work activities. 13. All buildings, structures, equipment, trails and other infrastructure are to be constructed consistent with municipal standards, and in compliance with CSA standards or any other safety standards that are appl icable. 14. This Memorandum of Understanding expires on December 31, 2004, unless revised, extended or renewed by a further Memorandum of Understanding. The Valleys 2000 will complete its mandate by December 31, 2004 and transfer any remaining assets and funds to the Municipality of Clarington. Prior to October 31, 2004, the Municipality and Valleys 2000 shall prepare and agree upon a Schedule of Works determining how the balance of assets and funds are used. The Municipality of Clarington will not assume any debt accumulated by Valleys 2000. IN WITNESS WHEREOF the Parties hereto have executed this Memorandum of Understanding. THE MUNICIPALITY OF CLARINGTON Mayor Clerk V AllEYS 2000 TRUSTEES Frank Wallace Lockhart Robert Leslie Simpson lain John Craven Maciver David Lawrence Douglas Lawson William John Huether f 1 C)