HomeMy WebLinkAboutEGD-018-14 Clarhigton REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 26, 2014 Resolution#: - -1 By-law#:
Report#: EGD-018-14 File#:
Subject: VALLEYS 2000 MEMORANDUM OF UNDERSTANDING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-018-14 be received;
2. THAT a new 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 Valleys 2000 be advised of Council's decision.
Submitted by: Reviewed by: '
A.S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Chief Administrative Officer
Services
ASC/PW/nl/jb
May 6, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-018-14 PAGE 2
1. PURPOSE
1.1 The purpose of this report is to advise Council on the potential renewal of a
Memorandum of Understanding (MOU) between Valleys 2000 and the
Municipality.
2. BACKGROUND
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, tree planting and the education of stakeholders about the
Bowmanville and Soper Creek valley systems.
In December 1998, Council supported the initiative and agreed to assist in
developing the Project. In April 1999, Council approved the initial MOU between
the Municipality of Clarington and Valleys 2000. Two subsequent MOD's have
been approved for 5 year terms. The existing MOU is set to expire on December
31, 2014. 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. Valleys 2000 is an incorporated non-profit,
charitable organization, carrying liability insurance and performing fundraising in
addition to carrying out volunteer works.
Valleys 2000 has applied for and received funding from various sources for trail
improvements, bank protection/restoration, pond construction, and the recently
completed Bowmanville Creek Fish By-pass channel. 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.
3. DISCUSSION
The Memorandum of Understanding between the Municipality and Valleys 2000
articulated the partnership and each party's responsibilities including liability,
safety, fund raising, public relations and ongoing maintenance. The existing MOU
expires on December 31St, 2014 at which time the remaining assets of Valleys
2000 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.
REPORT NO.: EGD-018-14 PAGE 3
Valleys 2000 would like to extend the MOU in order to continue with projects in
both 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 MOU has been in practice for almost
15 years and has worked very well for both Valleys 2000 and the Municipality.
4. CONCURRENCE
The new Memorandum of Understanding has been reviewed by the Municipal
Solicitor, and the Valleys 2000 Board of Directors.
5. CONCLUSION
The Valleys 2000 Project is an exciting partnership for the Municipality of
Clarington. The Valleys 2000 Board would like to continue with the project for the
foreseeable future. The MOU 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 a new MOU be executed to take effect January 1,
2015. Rather than establishing a fixed term for this MOU either party may
terminate the MOU upon 6 months notice to the other. If either party wishes to
revise the MOU it would be brought back to Council for approval.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Peter Windolf, Manager, Park Development
Attachments:
Attachment 1: Memorandum of Understanding
List of interested parties to be advised of Council's decision:
Valleys 2000 Board of Directors
Attachment #1
MEMORANDUM OF UNDERSTANDING EGD-018-14
Made as of this 1St day of January 2015
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called"the Municipality")
OF THE FIRST PART
and
VALLEYS 2000(BOWMANVILLE)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, abiding by standards defined by DFO, MNR, CLOCA,
and the Municipality, will work exclusively with the Municipality to build a strategic vision
to develop, enhance, promote and preserve; trails, river bank improvements,
informational signage, fish and wildlife habitat and special natural areas along parts of
the Bowmanville and Soper Creek Valleys in any works it undertakes;
AND WHEREAS Valleys 2000 will be responsible for receiving input from other interested
community organizations and working with the Municipality to include this input into the
Project and to ensure that any sub projects undertaken by these organizations meet the
aforementioned standards.
AND WHEREAS Valleys 2000 will continue to lead fundraising campaigns for funds
necessary to support the delivery of the project;
AND WHEREAS the Council of the Municipality has heartily endorsed the Project;
AND WHEREAS a Memorandum of Understanding dated January 31, 2012 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,
2014;
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 Definitions
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.
"Project Limits"means the municipally owned or leased lands in the
Bowmanville Creek Valley and Soper Creek Valley.
(iv) "Project" means the development, enhancement, promotion,
education and preservation of trails, river bank improvements, informational
signage, fish and wildlife habitat and special natural areas along parts of the
Bowmanville and Soper Creek .Valleys leading to Lake Ontario for the
recreation, benefit and enjoyment of the community.
MEMORANDUM OF UNDERSTANDING
(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 of 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) Using standards provided by the Municipality Valleys 2000
provides safety equipment and training to all
volunteers and complies with all applicable legislation, regulations
and by-laws;
c) Using standards provided by the Municipality 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 by
Schollen + Company. The Municipality's Council approved it at its meeting on
February 14, 2000 by Councils approval of the recommendation contained in
Resolution#GPA-58-00 ("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) Providing stewardship of the Bowmanville and Soper Creek valleys.This
stewardship shall include building a strategic vision to develop,enhance,
promote and preserve trails, river bank improvements,fish and wildlife
habitat and special natural areas along parts of the Bowmanville and Soper
Creek Valleys;
(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 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/or 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
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;
(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 2000, 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 be 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 specified 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 Project 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 OF UNDERSTANDING
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 st 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 Memorandum of Understanding comes into force and is binding on the
parties on January 1,2015,on which date the Memorandum of Understanding dated
January 31,2012 ceases to have any force or effect,provided that if on January 1,2015
Valleys 2000 is in breach of any of the provisions of the Memorandum of Understanding
dated January 31,2012 such breach shall be deemed to be a breach of the provisions of
this New Memorandum of Understanding.
8.2 Either Party may terminate this Memorandum of Understanding upon 6 months notice to
the other.Upon termination 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 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.
8.4 Prior to the termination of the Memorandum of Understanding,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.
8.5 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 L1 C 3A6
Attention: Director of Engineering Services
If by telecopier: (905) 623-0830
Valleys 2000 (Bowmanville) Inc.
PO Box 364
Bowmanville ON L1C 31-1
Attention: Secretary
If by telecopier: (905)623-4693
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
Mayor
Municipal Clerk
We have authority to bind the Corporation
of the Municipality of Clarington
SIGNING OFFICERS FOR VALLEYS 2000—
(BOWMANVILLE) INC.
Frank Wallace Lockhart, Chair
Harold Hammond, Director
We have authority to bind the corporation