Loading...
HomeMy WebLinkAbout2004-251 ,~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 251 being a By-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and the Valleys 2000 (Bowmanville) Inc, WHEREAS at its meeting of December 13, 2004, the Council of the Corporation of the Municipality of Clarington adopted the recommendation contained in Report PSD-154-04; NOW THEREFORE BE IT RESOLVED THAT, the Council 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 the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valley 2000 (Bowmanville) I nc, BY-LAW read a first time this 13 day of December 2004 BY-LAW read a second time this 13 day of December 2004 BY-LAW read a third time and finally passed this 13 day of December 2004 ~~ ~'~. John utt~,May~~-- ~ ~ "" ,~ NEW MEMORANDUM OF UNDERSTANDING Made as of thjs 13th day of December, 2004 BETWEEN: THE CORPORTION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called "the Municipality") OF THE FIRST PART and FRANK WALLACE LOCKHART WILLIAM JOHN HUETHER Signing officers for VALLEYS 2000 CBOWMANVILLE) 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 will develop, enhance, promote and preserve trails, river bank improvements, fish and wildlife habitat and special natural areas along parts of the Bowmanville and Soper Creeks leading to Lake Ontario for the recreation, benefit and enjoyment of the community ("the Project"); 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 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 June 6,1999 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 31,2004; 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 Conceptual Plan 1,1 An open space conceptual plan ("Conceptual Plan") was prepared to identify the long-term plan and the implementation steps over a number of phases for the Project. The Conceptual Plan identified implementation works to be undertaken by volunteers ("Volunteer Works") and the implementation works to be undertaken by contractors ("Contractor Works"). 1.2 The parties acknowledge that in February 2000, Valleys 2000 approved the Conceptual Plan prepared by Schollen + Company, The Municipality's Council approved it at its meeting on February 14, 2000 by its approval of the MEMORANDUM OF UNDERSTANDING recommendation contained in Resolution #GPA-58-00, The parties agree that all Volunteer Works and Contractor Works shall be consistent with the intent of the Conceptual Plan, 2.0 Responsibilities of Vallevs 2000 2,1 Valleys 2000 was incorporated as a charitable corporation and has received charitable status under the Income Tax Act. 2.2 Valleys 2000 shall be responsible for the following: i) Undertaking discussions for the transfer of lands and/or exclusive or non- exclusive easements in favour of the Municipality for public access, landscaping, construction for lands related to 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 a fund-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 2000 or to the Project; iv) Maintaining financial records in accordance with good accounting principles satisfactory to the Municipality's Auditor in accordance with Section 7; 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 8; 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. 3,0 Responsibilities of the Municipalitv 3,1 The Municipality shall be responsible for the following: i) Exclusively retaining consultants to prepare designs of Contractor Works and/or 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; 2 MEMORANDUM OF UNDERSTANDING 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 identified in the Conceptual Plan on behalf of Valleys 2000, subsequent to receipt of all funds from Valleys 2000 for a specified project; and , 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 8.1 of this New Memorandum of Understanding. 4,0 Proiect Manaaement 4,1 A Project Work Team shall be established which will include three members from the Municipality's staff and three 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, 4,2 The Project Work Team shall report to Valleys 2000 and to the Municipality's Council. 5.0 Volunteer Works 5.1 Any volunteer working for, or on behalf of, Valleys 2000 or anyone hired by Valleys 2000 will not be a full or part-time employee of the Municipality and will not have any rights or privileges of a full-time or part-time employee of the Municipality, 5,2 All applicable legislation and regulations shall be adhered to, including the appropriate safety equipment and training, 5,3 First aid and communications equipment and a written safety procedures manual shall be established and maintained during Volunteer Work activities to the satisfaction of the Municipality's Director of Operations in accordance with the Municipality's Volunteer Works Policy, 5.4 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 applicable, 6.0 Contractor Works 6,1 Upon receipt from Valleys 2000 of 100% of funds required or an unconditional and irrevocable Letter of Credit in a form acceptable to the Municipality's Treasurer, the Municipality will prepare specifications, design and tender for the construction of buildings, structures or other works identified as Contractor Works in the Conceptual Plan. The Municipality will enter into contractual arrangements with the successful bidder, after authorization to do so is given by the Municipality's Council. 6.2 The Municipality may budget for and implement Contractor Works, 3 MEMORANDUM OF UNDERSTANDING 6.3 The design and specifications for any work will be reviewed with Valleys 2000 prior to tendering, unless otherwise agreed to in advance by Valleys 2000. 6.4 Contractor Works will be undertaken in accordance with the Municipality's standard practices and to the satisfaction of the Director of Engineering Services, 7.0 Financial Records 7,1 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, 7,2 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, 7.3 No later than March 31st 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, 8.0 Indemnitv and Insurance 8,1 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, 8,2 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 retumed to the Municipality prior to any use of undertaking of any works in the Bowmanville Valley, 9.0 General 9,1 This New Memorandum of Understanding comes into force and is binding on the parties on December 13,2004, on which date the Memorandum of Understanding dated June 10, 1999 ceases to have any force or effect, provided that if on December 13, 2004 Valleys 2000 is in breach of any of the provisions of the Memorandum of Understanding dated June 10, 1999, such breach shall be deemed to be a breach of the provisions of this New Memorandum of Understanding, 9,2 This Memorandum of Understanding expires on December 31st, 2009, 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, 9,3 This New Memorandum of Understanding may be amended or extended by a further Memorandum of Understanding. 9.4' 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. 9,5 Prior to December 31s" 2009, 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, 4 . , MEMORANDUM OF UNDERSTANDING 9.6 If there should be any dispute(s) regarding the tenns 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, 10, Notice 10,1 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 L 1 C 3A6 Attention: Director of Engineering Services If by telecopier: (905) 623-0830 Valleys 2000 (Bowmanville) Inc. 38 King Street West Bowmanville, Ontario L 1 C 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 John Mutton, Mayor Patti L. Barrie, Municipal Clerk SiGNING OFFiCERS FOR VALLEYS 2000- (BOWMANVILLE) INC. TO BE INCORPORATED Frank Wallace Lockhart William John Huether 5