HomeMy WebLinkAboutOES 34-02
Citq o~
REPORT TO THE
Finance & Operations Committee
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Report Number: OES 34-02
Date: September 9, 2002
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Frenchman's Bay Watershed Rehabilitation Project
Memorandum of Agreement
File: MPE1000
Recommendation:
1. That City Council endorse a Memorandum of Agreement between Pickering East
Shore Community Association (PESCA), Toronto and Region Conservation
Authority (TRCA), Ontario Power Generation Pickering Nuclear (OPGPN) and
the City of Pickering (City) for the implementation of the Frenchman's Bay
Watershed Rehabilitation Project; and
2. That the Mayor and Clerk are authorized to execute the attached Memorandum
of Agreement.
Executive Summary: PESCA in conjunction with the other partners has developed
a five-year implementation project for the Frenchman's Bay Watershed with emphasis
on alternative environmental programs, community stewardship program and an
environmental volunteer monitoring program within the City of Pickering.
PESCA is requesting funding approval from the Ontario Trillium Foundation for the five
year period for the purposes of providing a portion of salary for the Project Coordinator
as set out in Schedule 1.
Financial Implications: Provide office space and necessary equipment for the
Project Coordinator at the East Shore Community Centre.
Background: For several years the City has provided office space, equipment
and stationary for the Project Coordinator as a result of a partnership with the TRCA.
The involvement of PESCA as a non-profit community group allows the Rehabilitation
Project to apply for Trillium funding to assist with ongoing monetary needs. The City
will continue its involvement at current levels with no anticipated increased costs.
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Report OES 34-02
Date: September 9,2002
Subject: Frenchman's Bay Watershed Rehabilitation Project
- Memorandum of Agreement
Page 2
Attachments:
1.
Memorandum of Agreement
EB:mld
Attachments
Copy: Chief Administrative Officer
Division Head, Municipal Property & Engineering
Recommended for the consideration of
Pickering City Council
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Memorandum of Agreement
made in quadruplicate this
day of / June A.D. 2002
Between
Pickering East Shore Community Association
hereinafter referred to as "PESCA"
-and-
Toronto and Region Conservation Authority
hereinafter referred to as the "Authority"
-and-
City of Pickering
hereinafter referred to as the "City"
-and-
Ontario Power Generation Pickering Nuclear
hereinafter referred to as "OPGPN"
Interpretation
It is understood that the use ofthe term "partner" is not intended and does not create a
partnership at law between the parties
Definitions
Project: Frenchman's Bay Watershed Rehabilitation Project
Context
Whereas PESCA has been a partner in the planning and implementation of the
Frenchman's Bay Watershed Rehabilitation Project with the Authority, the City of
Pickering, OGPPN and other businesses and not for profit organizations;
Whereas PESCA has developed, in conjunction with the other partners, a five year
implementation project for the Frenchman's Bay watershed with emphasis on alternative
environmental programs, community stewardship programs and an environmental
volunteer monitoring program within the City of Pickering;
Whereas PESCA is requesting funding approval from the Ontario Trillium Foundation
for the five year period in the following amounts: Year 2002-2003 -- $25,000; Year 2003-
2004 -- $25,000; Year 2004-2005 -- $25,000; Year 2005-2006 -- $25,000; Year 2006-
2007 -- $25,000 for the purposes of providing a portion of salary for the Project
Coordinator as set out in Schedule 1;
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Whereas the Partners have agreed, subject to availability of funding, to hire, train,
manage, and provide office accommodation for the Project Coordinator and the Authority
has agreed to coordinate the work in accordance with Schedule 1 on behalf of the
partners;
Therefore the parties hereby agree each with the other as follows:
1. PESCA Obligations
PESCA agrees to:
1.1 Participate in the Frenchman's Bay Watershed Rehabiliation Project and
Planning Advisory Committee;
1.2 Reimburse the Authority for the direct staff costs, benefits, and expenses
related to the implementation as provided for in Schedule 1;
1.3 To pay upon receipt of invoices from the Authority within 30 calendar d~s;
1.4 Provide any reports required to the Ontario Trillium Foundation, or its
successor, or other funders to ensure there is no disruption to the project
funding;
1.5 Assist the Authority and other partners in thè hiring of any subsequent
replacement for the prqject coordinator;
1.6 Assist the partners and project coordinator in raising awareness and
participation amongst members of the Pickering Community through the
inclusion of periodic project updates within its publications;
2. Authority Obligations
The Authority agrees to subject to available funding:
2.1 Hire, train, provide supervision and WHIMIS/ First Aid/ CPR training for the
Frenchman's Bay Watershed Rehabilitation Project Coordinator;
2.2 Provide, in conjunction with Partners, office space and necessary equipment
for the Project Coordinator;
2.3 Keep separate and detailed accounts of all expenditures for audit by the
Partners and/or the Ontario Trillium Foundation as required;
2.4 Submit quarterly invoices and accounting as necessary to meet the
requirements of the Trillium Corporation;
2.5 Provide interim and annual reports to the PESCA Executive;
2.6 Advise PESCA within 15 days of any issues relating to changes of staff;
2.7 Subject to the availability of funding, undertake the work program as
described in Schedule 1;
2.8 Obtain any and all approvals/permits and points of access to any land
(private or public);
2.9 Participate in the Frenchman's Bay Watershed Rehabilitation Project and
Planning Advisory Committee.
3. City Obligations
The City agrees to:
3.1 Provide office space and necessary equipment for the Project Coordinator at
the East Shore Community Centre or equivalent facility;
3.2 Participate in the Frenchman's Bay Watershed Rehabilitation Project and
Planning Advisory Committee.
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4. OPGPN Obligations
OPGPN agrees to:
4.1 Assist with the delivery! implementation of programs that occur on
OPGPN property;
4.2 Provide technical support with respect to procedures! protocol! security
issues and obtain approvals! access to areas of OPGPN properties;
4.3 Provide necessary equipment for the Project Coordnator as described in
schedule 1;
4.4 Participate in the Frenchman's Bay Watershed Rehabilitation Project and
Planning Advisory Committee.
5.
Planning Advisory Committee
The Planning Advisory Committee will be comprised of two sub-committees; the
'Working' sub-committee and the 'Executive' sub-committee. Both sub-committees
will work in cooperation to resolve conflicts and make decisions that will ensure the
Frenchman's Bay Watershed Rehabilitation Project remains on-schedule and that all
deliverables are achieved as set out in schedule 1.
5.1 Working Sub-committee
Roles and responsibilities:
5.1.1 The 'working' sub-committee will be made up of a representative from
PESCA and the Project Coordinator;
5.1.2 Daily operations and functions will be implemented though setting prqect
priorities and developing implementation strategies;
5.1.3 Responsible for the hiring of summer and part-time contract staff;
5.1.4 Given the authority to spend money on behalf of the collaborative;
5.1.5 Decision making process consensus; in the event that the decison
making process breaks down the conflict will be brought to the Executive
Sub-committee's attention for conflict resolution.
5.2 Executive Sub-committee
Roles and responsibilities:
5.2.1 The 'executive' sub-committee will consist of representatives from each
project partner (including PESCA, City, TRCA, OPGPN, Community
Liasion and the Project Coordinator)
NOTE: Members of the community will be invited to act as the community
liaison through a news release that is sent to local media;
5.2.2 Quarterly meetings or as deemed necessary by all project partners;
5.2.3 Put forth strategic implementation plan to project partners for final
approvals;
5.2.4 Provide yearly strategic direction, monitor financial situation;
5.2.5 Provide yearly reporting (financial summary thought this was PESCA);
5.2.6 Decision making process by majority vote; in the event that the decision
making process breaks down conflicts will be resolved by neutral mediator
that will be contracted.
NOTE: At this stage of conflict, all parties will respect the outcome of a
pre-determined mediator. In the event that a mediator must be contracted the
Trillium Foundation will be made aware of the situation.
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6. Changes in the Scope of Work
Changes in the scope of work program shall be made in consultation with He City of
Pickering and the Planning Advisory Committee for the FBWRP and shall be subject
to approval of both PESCA and the Authority.
7. Term
The term of the agreement shall commence October ft 2002, and continue until
September 31st 2007.
8. Changes to Contributing Partners
In the event one or more of the contributing partners has to withdraw from the project
and agreement, the remaining partners agree to continue on a revised cost sharing
basis and/or accept a new partner to ensure continuation ofthe project; if the
remaining partners are unable to agree upon a revised cost sharing basis and/or
agree to a new partner or partners, the remaining partners agree to terminate those
FBWRP projects in progress on a mutually agreeable, timely and cosfeffective
manner.
9. Termination
9.1 If the Authority does not perform its obligations by the Agreement, PESCA
shall notify the Authority, in writing, of the deficiency with particulars thereof
and the Authority shall within (30) days of receipt of notice;
9.1.1.1 rectify the deficiency; or
9.1.1.2 meet with the PESCA Executive; in order to agree to the
appropriate remedial action.
If the deficiency is not rectified or appropriate remedial action is not taken
within a (30) day period after the meeting noted in 5.1 PEBCA may terminate
this agreement subject to payment to the Authority for work satisfactorily
completed to the date of termination.
In the event that sufficient funds are not provided to cover the terms of
the contract, the Authority is relieved of its obligations pursuant to this
agreement.
9.2
9.3
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In witness whereof PESCA, the Authority the City of Pickering and the OPGPN, by their
respective duly authorized signing officers, have duly executed this agreement on the date
and year first written above.
For Pickering East Shore
Community Association
For Toronto and Region Conservation
Authority
President
Chair
CAO
For Ontario Power Generation
Pickering Nuclear
For The City of Pickering
Mayor
Department Manager,
Pickering Environment
CAO
Schedule ~: P.ickerin~ East Shore Community Association Frenchman's Bay Watershed
Rehabilitation Project A proposal to the Ontario Trillium Foundatio!] March 22, 2002.