HomeMy WebLinkAboutPSD-154-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 6, 2004
Report #:
PSD-154-04
File #: PLN 16.2.2
~.,e6 II ~;J;4 - 4rd.----0Lf
By-law #:;2aJt(-;2.5!
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 PSD- 154-04 be received;
2. THAT the 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 New Memorandum of Understanding
on behalf of the Municipality of Clarington;
4. THAT the By-law authorizing execution of the New Memorandum of Understanding be
APPROVED;
5. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision.
Submitted by:
Reviewed by:
a i J. Crome, M.C,I.P., R.P.P.
Director of Planning servi~i
~n~~
A.S. Cannella, C.E.T.
Director of Engineering Services
Franklin Wu,
Chief Administrative Officer
FL/DJC/df
18 November 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
660
REPORT NO.: PSD-154-D4
PAGE 2
1.0 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. For the past couple of years the Project has focused on trail
construction, planting, education of stakeholders about Valleys 2000 and land
acqu isition.
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. It detailed the responsibilities
of each party in implementing the Project. Valleys 2000, and the Municipality have
carried out the responsibilities that they each assumed in this first Memorandum.
Valleys 2000 is an incorporated non-profit, charitable organization, carrying liability
insurance and performing fundraising in addition to carrying out volunteer works.
2.0 FUNDRAISING
Valleys 2000 has applied for and received Trillium funding for trail improvements, bank
protection/restoration, engineering and design works. Trillium will not provide the
funding to the Municipality directly. 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 students 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 been able to raise as part of his annual report to the Committee.
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 31S\ 2004 at which time the remaining assets of Valleys 2000 would be
turned over to the Municipality for designated use in the Project or to charities as per
Valleys 2000 Letters of Incorporation; altematively 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 the works set out in the Concept Plan. The New
Memorandum of Understanding (Attachment 1) uses the same principles as the initial
MOU, it has been updated to recognize the development of the Concept Plan by
Schollen & Company approved by Council in February 2000 (Recommendation #GPA-
58-00). The working relationship as outlined in the initial Memorandum of
Understanding has been in practice for almost five years and has worked very well for
both Valleys 2000 and the Municipality.
"j:;1
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REPORT NO.: PSD-154-04
PAGE 3
3.3 The New Memorandum of Understanding has been reviewed by the Municipality's
Solicitor and approved by the Valleys 2000 Board of Directors at their meeting of
November 17th, 2004.
4.0 CONCLUSION
The Valleys 2000 Board and Project is an exciting partnership and development for the
Municipality of Clarington. The New Memorandum of Understanding defines the roles
and responsibilities of both Valleys 2000 and the Municipality, to date they have
functioned very well and it is staffs recommendation that the MOU be extended for
another 5 years.
Attachments:
Attachment 1 - By-law to authorize the execution of the New Memorandum of Understanding
Attachment 2 - New Memorandum of Understanding
tib2
ATTACHMENT 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
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 Cierk be authorized to execute on behaif of the Corporation of the
Municipality of Clarington the New Memorandum of Understanding between the
Corporation of the Municipality of Clarin9ton and Valley 2000 (Bowmanville) Inc.
BY-LAW read a first time this
day of
2004
BY-LAW read a second time this
day of
2004
BY-LAW read a third time and finally passed this
day of
2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
\J t~ ~
ATTACHMENT 2
NEW MEMORANDUM OF UNDERSTANDING
Made as of this 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 (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 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;
u () ~j
MEMORANDUM OF UNDERSTANDING
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
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;
Uv,)
2
MEMORANDUM OF UNDERSTANDING
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;
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
3
(H.d,;
MEMORANDUM OF UNDERSTANDING
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 ManaQement
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
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(j U j
MEMORANDUM OF UNDERSTANDING
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.
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 returned 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
5
lH;O
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,
9.6 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,
10.0 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
6
00:;
MEMORANDUM OF UNDERSTANDING
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
u7li
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