Loading...
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