HomeMy WebLinkAboutEGD-002-10C1ari~~gton
Leading the Way
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITEE
Date: Monday January 4, 2010
Report #: EGD-002-10 File #:
Resolution #: /6-/b
By-law #: o~G~'O~'~
Subject: NEW 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 EGD-002-10 be received;
2. THAT the New Memorandum of Understanding between Valleys 2000 and the
Municipality of Clarington be APPROVED;
THAT a By-law be passed to authorize the Mayor and Municipal Clerk to execute
the New Memorandum of Understanding on behalf of the Municipality of
Clarington;.
4. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's
decision.
Respectfully by,
Su fitted by: A.S. Cannella
Director of Engineering Services
~Y'cti-r-~ -~'~ `mot
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/dv
December 18, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-002-10
PAGE 2
1.0 BACKGROUND
1.1 Valleys 2000 (Bowmanville) Inc., generally referred to as Valleys 2000, is a
community-based organization comprised of volunteers, who share a vision of
developing trails, recreational amenities and environmental enhancements within
the Bowmanville and Soper Creek Valleys. Since 1999 the Project has focused
on trail construction, planting, education of stakeholders about Valleys 2000 and
land acquisition.
1.2 Valleys 2000 is an incorporated non-profit, charitable organization, carrying
liability insurance and performing fundraising in addition to carrying out volunteer
works.
1.3 In December 1998, Council supported the initiative and agreed to assist in
developing the Project. In April 1999, Council approved a Memorandum of
Understanding (MOU) between the Municipality of Clarington and Valleys 2000.
Council approved a new MOU in December 2004 which expires on December
31, 2009. The MOU details the responsibilities of each party in implementing the
Project. Valleys 2000 and the Municipality have carried out the responsibilities
that they each assumed in the MOU.
2.0 FUNDRAISING
2.1 Valleys 2000 has applied for and received funding from various sources for trail
improvements, bank protection/restoration, pond construction, engineering and
design works. In addition, Valleys 2000 has received many donations of in-kind
labour and materials to assist in the construction of works. Volunteer works have
been carried out by the Valleys 2000 Board, Courtice Secondary School, St.
Mary's Cement, St. Stephens Secondary School and others under the direction
of Valleys 2000. Valleys 2000 has also been the catalyst behind the funding
supplied by MNR for improvements to their properties, the Goodyear lands and
CLOCA lands for improved fish habitat works. Rev. Lockhart will be providing a
more detailed accounting of the monies that Valley 2000 has raised as part of his
annual report to the Committee.
REPORT NO.: EGD-002-10 PAGE 3
3.0 MEMORANDUM OF UNDERSTANDING
3.1 The Memorandum of Understanding (MOU) between the Municipality and
Valleys 2000 articulated the partnership and each parties' responsibilities
including liability, safety, fund raising, public relations and ongoing maintenance.
The MOU had a sunset date of December 3151, 2009 at which time the remaining
assets of Valleys 12000 would be turned over to the Municipality for designated
use on the Project or to charities as per Valleys 2000 Letters of Incorporation;
alternatively the MOU could be extended.
3.2 At this time, Valleys 2000 would like to extend the MOU for another five years so
that they can continue to implement works in the Bowmanville and Soper Creek
Valleys. The New Memorandum of Understanding (Attachment 1) uses the same
principles as the previous MOU. The working relationship as outlined in the initial
Memorandum of Understanding has been in practice for ten years and has
worked very well for both Valleys 2000 and the Municipality.
3.3 The New Memorandum of Understanding has been reviewed by the
Municipality's Solicitor, Director of Finance, and the Valleys 2000 Board of
Directors.
4.0 CONCLUSION
The Valleys 2000 Project is an exciting partnership and development for the
Municipality of Clarington. The New Memorandum of Understanding defines the
roles and responsibilities for Valleys 2000 and the Municipality. To date they
have functioned very well and it is the recommendation of staff that the New
Memorandum of Understanding extending the relationship between the
Municipality and Valleys 2000 for another five years, be approved.
Attachments:
Attachment 1 - By-law
Attachment 2 -New Memorandum of Understanding
ATTACHMENT NO.: 1
REPORT NO.: EGD-002-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-
Being a By-law to authorize the execution of the New
Memorandum of Understanding between the Corporation of
the Municipality of Clarington and Valleys 2000 (Bowmanville)
Inc .
WHEREAS at its meeting of January 11, 2010, the Council of the Corporation of the
Municipality of Clarington adopted the recommendation contained in Report EGD-002-10;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington:
enacts as follows:
THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the
Municipality of Clarington the New Memorandum of Understanding between the
Corporation of the Municipality of Clarington and Valley 2000 (Bowmanville) Inc.
BY-LAW read a first and second time this XXth day of XXXXX, 2010.
BY-LAW read a third time and finally passed this XXth day of XXXXX, 2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT NO.: 2
RF_PORT NO.. EGD-002-10
NEW MEMORANDUM OF UNDERSTANDING
Made as of this 11'h day of January, 2010
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called "the Municipality")
OF THE FIRST PART
and
VALLEYS 20001BOWMANVILLEI INC.
(hereinafter called "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 was incorporated as a charitable corporation and has
received charitable status under the Income Tax Act.
AND WHEREAS Valleys 2000 will protect or enhance the environmentally sensitive
features of the Bowmanville Creek Valley and Soper Creek Valley in any works it
undertakes;
AND WHEREAS Valleys 2000 has initiated a fund raising campaign for funds necessary
for this project;
AND WHEREAS the Council of the Municipality has heartily endorsed the Project;
AND WHEREAS a Memorandum of Understanding dated December 13, 2004 was
executed by the Municipality with certain persons as trustees for Valleys 2000, section
9.1 of the Memorandum of Understanding provides that it is to expire on December 31,
2009;
AND WHEREAS the parties have agreed to execute this New Memorandum of
Understanding;
NOW THEREFORE in consideration of the premises the Municipality and Valleys 2000
have agreed to enter into this New Memorandum of Understanding.
1.0 De£nitions
In this new Memorandum of Understanding
(i) "Conceptual Plan" has the meaning assigned to it in Paragraph 2.3.
(ii) "Contractor Works" means works undertaken by the municipality
pursuant to paragraph 4.2 in order to implement part of the Project.
(iii) "Project Limits" means the areas in the Bowmanville Creek Valley and
Soper Creek Valley defined on Schedule A.
(iv) "Project" means the development, enhancement, promotion and
preservation of trails, river bank improvements, fish and wildlife habitat and
special natural areas along parts of the Bowmanville and Soper Creeks
MEMORANDUM OF UNDERSTANDING
leading to Lake Ontario for the recreation, benefit and enjoyment of the
community.
(v) "Valleys 2000" means Valleys 2000 (Bowmanville) Inc.
(vi) "Volunteer Works" means works which comprise part of the Project may
be undertaken and completed by volunteers working for or on behalf df
Valleys 2000 ("Volunteer Works"), provided that:
a) Any volunteer working for or on behalf of Valleys 2000 will not be a
full- or part-time employee of The Municipality of Clarington and will
not have or enjoy any of the rights and privileges of a full-time or
part-time employee of The Municipality of Clarington;
b) Valleys 2000 provides safety equipment and training to all
volunteers and complies with all applicable legislation, regulations
and by-laws;
c) Valleys 2000 provides first aid and communications equipment and
written safety procedures manual that is appropriate in the opinion of
The Municipality of Clarington's Director of Operations for use in any
activity in which volunteers construct or install Volunteer Works,
maintain or repair any one or more portions of the Premises;
d) All buildings, structures, equipment, trails and other infrastructure
shall be constructed and installed in compliance with The
Municipality of Clarington's standards at the time of construction or
installation, in compliance with Canadian Standards Association
standards, and in compliance with all applicable safety standards;
and
e) All costs incurred by Valleys 2000 for volunteers and for Volunteer
Works are paid by Valleys 2000 from its own funds.
2.0 Conceptual Plan
2.1 An open space conceptual plan was prepared to identify the long-term plan and
the implementation steps over a number of phases for the Bowmanville Valley
portion of the Project. The conceptual plan identified implementation works to be
undertaken by volunteers and the implementation works to be undertaken by
contractors.
2.2 The parties acknowledge that in February 2000, Valleys 2000 approved the
conceptual plan for portions of the Bowmanville Creek Valley prepared I)Y
Schollen + Company. The Municipality's Council approved it at its meeting do
February 14, 2000 by Councils approval of the recommendation contained in
Resolution #GPA-58-DO ("Conceptual Plan").
2.3 The Soper Creek portion of the Project was not part of the conceptual plan, or
specifically described in the conceptual plan approved by Council on February 14,
2000. Valleys 2000 shall develop, enhance, promote and preserve trails, river
bank improvements, fish and wildlife habitat and special natural areas along parts
of the Soper Creek consistent with the Municipality's policies as the Soper Creek
portion of the Project. (The combination of the Bowmanville Creek and Soper
Creek portions of the Project are referred to in this New ,Memorandum of
Understanding as the "Conceptual Plan").
2.4 The parties agree that all Volunteer Works and Contractor Works shall be
consistent with the intent of the Conceptual Plan as modified from time to time by
the Municipality.
MEMORANDUM OF UNDERSTANDING
3.0 Responsibilities of Valleys 2000
3.1 Valleys 2000 shall be responsible for the following:
(i) Undertaking discussions for the transfer of lands andlor exclusive or non-
exclusive easements in favour of the Municipality for public access to, and
landscaping and construction of the Project. Valleys 2000 will use its best
efforts to ensure that the lands or easement areas are transferred to the
Municipality in a condition satisfactory to the Municipality's Director of
Engineering Services and free and clear of all encumbrances;
(ii) Undertaking afund-raising program for the Project and collecting all funds
including following up of any pledges, and issuing pre-numbered receipts
for all monies received;
(iii) Unless otherwise provided in this New Memorandum of Understanding,
payment of expenses incurred by Valleys 2000 either related to the
administration of Valleys 20D0 or to the Project;
(iv) Maintaining financial records in accordance with good accounting
principles satisfactory to the Municipality's Auditor in accordance with
Section 6;
(v) Applying for, administering and reporting on all municipal, provincial and
federal grants and/or other funding sources;
(vi) Maintaining in effect general liability insurance in accordance with Section
7;
(vii) Organizing, coordinating and supervising volunteer labour for the
Volunteer Works part of the Project in accordance with Section 5.
(viii) Ensuring all applicable safety standards and legislation are adhered to;
and
(ix) Organizing and coordinating all publicity and public relations related to the
Project.
4.0 Responsibilities of the Municipality
4.1 The Municipality shall be responsible for the following:
(i) Exclusively retaining consultants to prepare designs of Contractor Works
andlor supervising the construction or installation of Contractor Works;
(ii) Subject to written confirmation of available funding from Valleys 2000 to
the satisfaction of the Treasurer and approval of the purchase of land by
Council, arrange with landowners for the transfer of land and/or easements
to the Municipality as necessary for the Project;
(iii) Undertaking all legal costs associated with the transfers of land including
land appraisals, surveys, the preparation and registration of land transfers
and environmental audits;
(iv) Without derogating from Section 2.2 ii) applying for relevant funding from
provincial and federal government programs which are available to the
Municipality;
(v) Coordinating, designing, tendering and supervising any Contractor Works
on behalf of Valleys 2D00, subsequent to receipt of all funds from Valleys
2000 for a specified project; and
MEMORANDUM OF UNDERSTANDING
(vi) Maintaining any approved Project works that have been completed during
the inspection and guarantee period provided for in the construction
contracts until the lands or easement areas on which the works are
constructed are transferred to the municipality and accepted by the
Municipality's Director of Engineering Services.
(vii) Reimbursement of Valleys 2000 for the amount of the premium for the
insurance referred to in paragraph 7.1 of this New Memorandum of
Understanding.
4.2 Upon receipt from Valleys 2000 of one hundred (100%) per cent of either
the funds required for Contractor Works which comprise parts of the
Project as determined by The Municipality of Clarington's Director of
Engineering Services, acting reasonably, or an unconditional and
irrevocable Letter of Credit issued by a bank listed in Schedule 1 of the
Bank Act, in a form and containing terms acceptable to The Municipality of
Clarington's Director of Finance and Treasurer, acting reasonably, which
secures payment of such funds by Valleys 2000, the Municipality of
Clarington will prepare all necessary plans, drawings and specifications for
the Contractor Works in question and shall retain an appropriate person to
provide consulting, design and engineering services. The Municipality of
Clarington shall call for the tender of bids ("Tender Call") to construct and
install the Works. The Tender Call shall 6e made to persons whom The
Municipality of Clarington's Director of Engineering Services considers to
be experienced, qualified and with sufficient resources to undertake and
complete such Contractor Works, provided that the Tender Call shall not
include consulting, design and engineering services respecting the
Contractor Works. A Tender Call shall not be made unless Valleys 2000
has approved the design and specifications for the Contractor Works in
question in writing. Notwithstanding the foregoing, Valleys 2000 will remit
to The Municipality of Clarington the funds paid to Valleys 2000 by a
funding agency of government or any private person for consulting, design
and engineering services respecting Contract Works forthwith after they
are received by Valleys 2000 and The Municipality of Clarington covenants
to use such funds for such purposes only. The Contractor Works shall be
undertaken in accordance with The Municipality of Clarington's standard
practices at that time and completed to the satisfaction of The Municipality
of Clarington's Director of Engineering Services.
4.3 During the construction, installation and maintenance of Contractor Works,
The Municipality of Clarington's Director of Engineering Services may give
written notice to Valleys 2000 requiring that the Premises or identified parts
thereof be closed to Valleys 2000, Valleys 2000 volunteers and members
of the public for the reason and for the period specfied in the notice.
Valleys 2000 shall comply with each notice forthwith after it is given by The
Municipality of Clarington to Valleys 2000.
5.0 Proiect Management
5.1 A Project Work Team shall be established which will include members from the
Municipality's staff and members of Valleys 2000 to coordinate the Project. The
Project Work Team shall be responsible for the following:
• Managing the work program to implement the Conceptual Plan;
• Negotiating the purchase and/or easements for the lands required; and
• Coordinating an implementation schedule of all works.
5.2 The Project Work Team shall. report to Valleys 2000 and to the Municipality's
Council
MEMORANDUM OFUNDERSTANDI
6.0 Financial Records
6.1 Valleys 2000 shall maintain, in accordance with good accounting principles
satisfactory to the Municipality's Auditor, proper bank accounts and records for all
funds received and disbursed by Valleys 2000, and all bookkeeping and
accounting systems and supporting vouchers and documentations.
6.2 Valleys 2000 shall serially record all receipts and revenues and all disbursements
for each financial year and will use serial, pre-numbered receipts for all donations
collected.
6.3 No later than March 31" each year, Valleys 2000 shall file with the Municipality's
Treasurer, a report from a qualified accountant for all expenditures, receipts and
their financial status. Council may request an auditor's report at any point in time
to be paid for by the Municipality and in such a case, Valleys 2000 will provide the
auditor with immediate access to all records and persons he/she requires to fulfill
the Report.
7.0 Indemnity and Insurance
7.1 Valleys 2000 will undertake to obtain comprehensive general liability insurance
satisfactory to the Treasurer, in the amount of Five Million Dollars ($5,000,000.00)
naming the Municipality as additional insured. A copy of the insurance certificate
shall be filed with the Municipality.
7.2 Valleys 2000 is responsible for any claims 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 prior to any use or undertaking of
any works in the Bowmanville Valley and Soper Creek Valley.
8.0 General
8.1 This New Memorandum of Understanding comes into force and is binding on the
parties on January 11, 2010, on which date the Memorandum of Understanding
dated December 13, 2004 ceases to have any force or effect, provided that if on
January 11, 2010 Valleys 2000 is in breach of any of the provisions of the
Memorandum of Understanding dated December 13, 2004 such breach shall be
tleemed to be a breach of the provisions of this New Memorandum of
Understanding.
8.2 This Memorandum of Understanding expires on December 31~', 2014, on which
date Valleys 2000 will transfer any remaining assets and funds to the Municipality
for designated use in the Project or to charities as per Valleys 2000 Letters of
Incorporation.
8.3 This New Memorandum of Understanding may be amended or extended by a
further Memorandum of Understanding.
8.4 Valleys 2000 will not assume any debt or long-term liabilities and will not commit
the Municipality to pay any debt without the express written consent of the
Municipal Council.
8.5 Prior to December 31", 2014, the Municipality and Valleys 2000 shall prepare and
agree upon a Schedule of Works determining how the balance of assets and
unexpended funds of Valleys 2000 are to be used.
8.6 If there should be any dispute(s) regarding the terms and conditions of this New
Memorandum of Understanding, such dispute(s) shall be referred to a single
arbitrator agreeable to the parties under the Ontario Arbitrations Act for decision
and resolution.
MEMORANDUM OF UNDERSTANDING
9.0 Notice
9.1 If any notice or other document is required to be or may be given between the
Municipality and Valleys 2000, such notice shall be transmitted by telefax, mailed
by first class prepaid post or delivered to:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
Attention: Director of Engineering Services
If by telecopier: (905) 623-0830
Valleys 2000 (Bowmanville) Inc.
38 King Street West
Bowmanville, Ontario L1C 3K8
Attention: Secretary
If by telecopier: (905) 623-8336
IN WITNESS WHEREOF the Parties hereto have executed this New Memorandum of
Understanding as of the date above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have authority to bind the corporation
SIGNING OFFICER FOR VALLEYS 2000 -
(BOWMANVILLE) INC.
Frank Wallace Lockhart, Chair
Harold Hammond, Director
We have authority to bind the corporation
SCHEDULE"A"
Valleys 2000 Project Limits
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Valleys 2000 Project Limits
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