HomeMy WebLinkAboutENG 20-18G From: Richard Holborn Director, Engineering Services Subject: Funding Agreement -Swim Drink Fish Canada -Rotary Frenchman's Bay West Park -File: A-1440 Recommendation: Report to Council Report Number: ENG 20-18 Date: September 17, 2018 1. That Council authorize the Mayor and City Clerk to execute the Grant Agreement with Swim Drink Fish Canada, on such terms satisfactory to the Director, Engineering Services and any other necessary documentation, to permit the City of Pickering to enter into the Grant Agreement; 2. That Council authorize staff to apply the funds received from Swim Drink Fish Canada to the reconstruction works in Rotary Frenchman's Bay West Park, including the planting of native trees and shrubs, shoreline restoration and erosion control and a community stewardship program; 3. That $140,000.00 of the funds received from Swim Drink Fish Canada be allocated to the Frenchman's Bay West Park Phase 1 a & 1 b costs; related to planting of native trees and shrubs; 4. That the shoreline restoration, erosion control and the community stewardship program be considered in the 2019 Capital Budget at an estimated cost of $60,000.00, to be funded by the balance of the Swim Drink Fish Canada funds; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Swim Drink Fish Canada, a registered charity, has received a grant from The W. Garfield Weston Foundation through the Great Lakes Challenge and has agreed to contribute up to $200,000.00 towards specific components of the Rotary Frenchman's Bay West Park, Phase 1 reconstruction project. The funds shall be used for replanting ($140,000.00), shoreline cleanup and erosion protection ($50,000.00), and community stewardship ($10,000.00). Staff require Council's authorization to execute the Grant Agreement with Swim Drink Fish Canada and to apply the funds to the current reconstruction project, shoreline restoration works and a community stewardship program.
ENG 20-18 Subject: Funding Agreement -Swim Drink Fish Canada Rotary Frenchman's Bay West Park September 17, 2018 Page 2 Financial Implications: Tender No.T-3-2018 for reconstruction of Rotary Frenchman's Bay West Park -Phase 1 was awarded to Melter Construction Inc. at the April 10, 2018 Council Meeting. A total net project cost of $2,091,761.00 was approved. Funding for this project did not include a donation from Swim Drink Fish Canada. The scope of the approved project included the planting of native trees and shrubs. Funding in the amount of $140,000.00 is available from Swim Drink Fish Canada, and will be used to offset costs related to planting native trees and shrubs. The scope of the approved project did not include shoreline protection, erosion control and a community stewardship program. Funding in the amount of $60,000.00 is available from Swim Drink Fish Canada for this work. Staff will be recommending this expenditure in the 2019 Capital Budget with the donation as the funding source. Discussion: Swim Drink Fish Canada, a registered charity, contacted the City of Pickering and indicated an interest in providing funding for specific components of the Rotary Frenchman's Bay West Park reconstruction project as part of the Weston family Swim Drink Fish Great Lakes Challenge (the "Great Lakes Challenge"). The Great Lakes Challenge is an invitation to Ontarians to imagine a swimmable, drinkable, fishable Great Lakes watershed. The Grant, which is valued at up to $200,000.00, is being provided through The W. Garfield Weston Foundation. The funds shall be used as follows: • $140,000.00 Native trees and shrubs • $50,000.00 Shoreline restoration and erosion control • $10,000.00 Community stewardship program The Rotary Frenchman's Bay West Park-Phase 1 project, was tendered as T-3-2018 in February 2018. The project was awarded to Melter Construction Inc. and will be substantially complete by November 2018. Work under this contract includes the planting of many native trees, shrubs and flowers. In response to public comments received at the start of the park reconstruction due to the removal of trees within the redeveloped park area, it was decided to increase the size of trees being replanted. Nine of the proposed trees were also substituted with large caliper trees brought in by a tree spade. Funds received from this grant will also be applied to the cost of the new trees. As the majority of the native trees and shrubs have already been planted, City staff sought and received confirmation from Swim Drink Fish Canada that the expenditures incurred prior to the execution of the grant agreement are still eligible for funding. At the onset of construction, consideration had been given to include shoreline cleanup and erosion protection, however, detailed design, Toronto and Region Conservation Authority (TRCA) approvals and funding for this work was not in place. As such, it was not pursued. With the $50,000.00 funding provided through this donation, the City will work with TRCA on preparing a removals and erosion protection plan, and retaining a contractor to complete these works. This will provide a clean and safe beachfront along the Phase 1 reconstruction area. The shoreline within the Phase 2 and 3 area to the east is in good condition and will not need cleanup and protection.
ENG 20-18 Subject: Funding Agreement -Swim Drink Fish Canada Rotary Frenchman's Bay West Park September 17, 2018 Page 3 City staff will also work with TRCA and Swim Drink Fish Canada to develop a community stewardship plan, to educate the public on the unique natural site features, flora and fauna within the park, as well as the importance of protecting these terrestrial and wetland areas from further pollution. The plan may incorporate information brochures, interpretive signage or other services and/or materials. Funding in the amount of $10,000.00 is available from the Swim Drink Fish Canada donation. Funding was not considered for the shoreline restoration, erosion control and community stewardship program in the approved budget or the net project cost for the Rotary Frenchman's Bay West Park reconstruction project. However, as a result of the donation by Swim Drink Fish Canada, $60,000.00 has been made available. Staff will be recommending that this expenditure be considered in the 2019 Capital Budget with the Swim Drink Fish Canada donation as the funding source. Recognition of the financial contribution to the project shall be made for a period of 10 years following the completion of the project by placing The W. Garfield Weston Foundation logo on all project signage, printed material, web reports and other promotional materials. The Foundation shall also be provided the opportunity to participate at public events in connection with the project such as ribbon cutting ceremonies, media tours, and other press events. Attachments: 1. Draft Grant Agreement from Swim Drink Fish Canada 2. Location Map
ENG 20-18 Subject: Funding Agreement -Swim Drink Fish Canada Rotary Frenchman's Bay West Park September 17, 2018 Page 4 Prepared By: AM:mjh Recommended for the consideration of Pickering City Council Approved/Endorsed By: . ~ ~:;;:;ii5!==--~------~ ---;;;.? Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer ~ ¥ ,o, 2DtB Tony Prevedel, P.Eng. • Chief Administrative Officer
ATTACHMENT#,_i_TOREPOP.T# ii _,_of ....... --GRANT AGREEMENT -8 THIS GRANT AGREEMENT (this "Agreement") is entered into as of_th day of August, 2018 by and between Swim Drink Fish Canada (the "Grantor''), a registered charity within the meaning of the Income Tax Act (Canada) (the "ITA"), and Corporation of the City of Pickering, a qualified donee within the meaning of the ITA (the "Grantee") (each a "Party" and collectively, the "Parties"). RECITALS WHEREAS: A. The Weston Family Swim Drink Fish Great Lakes Challenge .(the "Great Lakes Challenge") is an invitation to Ontarians to imagine a swimmable, drinkable, fishable Great Lakes watershed and will be managed by the Granter. B. The Granter has received a grant (the "TWGW Grant'') from The W. Garfield Weston Foundation ("TWGW Foundation") for the purpo~e of supporting the Great Lakes Challenge. C. The Grantor has agreed to contribute, up to $200,000 to the Grantee to assist with wetland and aquatic habitat restoration and protection in Frenchman's Bay, Pickering. Details of the Project are described in.Schedule A. AGREEMENT NOW THEREFORE, in consideration of the representations and promises set forth herein, and intending to be legally bound,.the Parties agree to.the following terms and conditions: 1. Grant. The Granter has agreed to grant to the Grantee the amount of $200,000 (the "Grant") for use in the Project pursuant to the terms and conditions of this Agreement. The Grant shall be paid as set out below in Section 2. If the Grant funds are not sufficient to complete the Project compbnent(s) set out in Schedule B, the Grantee shall complete such component(s) at its own expense. 2. Installments Payrnenti of the Grant will be made by cheque payable to the Grantee as set out below. payments are subject to the funds being made available to Grantor by the TWGW Foundation as per section 9.: (a) $100,000 due after August 15, 2018 and upon completion of approvals process by Grantee. Draft -August 3, 2018 Page 1 of 11
(b) up to $100,000 due December 15, 2018 and subject to completion of a community stewardship plan. 3. Reporting by the Grantee. The payments contemplated by section 2(b) and 2(c) are subject to the Grantee delivering to the Granter two interim progress reports and one final report as described in Schedule C of this Agreement on or before: (a) September 12, 2018; (b) February 13, 2019; and (c)" June 12, 2019. Each report submitted shall be signed by an authorized officer, director, or.trustee of the Grantee. 4. Recordkeeping. The Grantee shall keep records and receipts to substantiate both expenditures and funds committed to third parties in furtherance of the specified components of the Project. The Grantee shall make such records available to the Granter at reasonable times, as requested qy the Granter. 5. Prohibited uses. The Grantee shall not use any portion ofthe Grant funds, or any income therefrom to: (i) wndertake any activity.for any purpose other than in furtherance of the specified components of the Project; (ii) cause any improper private benefit to occur; (iii) take any 0th.er action incqnslstent with the provisions of the ITA or the regulations thereunder; (ivJ engage in any political activities as that term is defined in the ITA; or (v) violate any Canadian or foreign law or regulation. 6. Representations and Warranties. The Grantee represents and warrants to the Granter as follows: (a) This Agreement constitutes a legal and binding obligation of the Grantee, enforceable against the Grantee in accordance with its terms, except as limited by bankruptcy, insolvency or other applicable laws. (b) There is no fact known to the Grantee or its agents and employees that would/materially affect the Grantor's decision to make the Grant under this Agreement, which has not been previously disclosed to the Granter. (c) The Grantee is a "qualified donee" for purposes of the ITA. 7. Grantor's Right to Modify or Withhold Payments. The Granter reserves the right, upon thirty (30) days' written notice to the Grantee, to modify or withhold any payments that Draft-August 3, 2018 Page 2 of 11
8. 9. 10. 11. 12. ATTACHMENT# \ TO REPORT# f:" f\/~ ~o -J 'i3 __ ?i.._of I I otherwise would be payable under this Agreement, if, in the Grantor's absolute and sole discretion, acting reasonably the Granter determines: (a) the Grant funds provided hereunder have been used by the Grantee for purposes other than those specified in this Agreement; (b) the Grantee, for any reason, is unable to carry out, or has committed a material breach of, its obligations under this Agreement; or (c) such action is necessary to comply with t e requirements of any law or regulation. Termination. If the payment of funds is modified 0r withheld by the Granter pursuant to sections ?(a) or 7(b), and the action or inaction is not, or cannot be, remedied by the Grantee to the Grantor's satisfaction, acting reasonably, the Granter, upG>n 30 days' written notice to the Grantee, shall be entitled to terminate this Agreement. Termination of TWGW Grant. The Gran ee acknowledges that the Grant is being provided to the Grantee out of funds received by the Granter from the TWGW Foundation (the "TWGW Grant") to support tl:le Great Lakes Challenge. The Grantee agrees that where a material shift in the prio ities of Uie -::rJ/VGW Fournfation results in the Granter not receiving that portion of the TWGW Grant allocated 0y the Granter to the specified components of the Project, the Granter shall not be in breaeh of this Agreement should it fail to make a payment to the Grantee as and when re~uired by this Agreement. In such event, the Gra•tor and the Grantee agree tliat this Agreement shall be terminated. Return of Unexpended/Uncommitted Funds. Where the Granter terminates this Agreement prior to completion of the specified components of the Project under section 8 above, the Grantee shall return any. r:2ortion of the Grant funds not expended or committed by the Grantee. Where the Granter termir:iates this Agreement under section 9 above, the Grantee snail be able to expend the remainder of the Grant Funds held. In either event, tbe Grantee sl:iall provide the Granter with a full accounting of all receipts and disbursements made using the Grant funds. Notice of Changes. The Grantee shall notify the Granter immediately of any change in circu stances that a~ impair the ability of the Grantee to fulfill its obligations under this Agreement. Notices.)! notiees or other communications hereunder shall be given (and shall be deemed to have been duly received if given) by registered mail (return receipt requested and postage paid), by hand delivery in writing, by nationally recognized overnight courier service or by facsimile or electronic transmission with confirmation of receipt, as follows: If to the Granter: Swim Drink Fish Canada Draft-August 3, 2018 Page 3 of 11
ATTACHMENT#~_ TO REPORT# ___ y.__of 11 379 Adelaide Street West Toronto, ON M5V 1 S4 Attention: Krystyn Tully E-mail: krystyn@swimdrinkfish.ca If to the Grantee: Corporation of the City of Pickering INSERT ~Nf--, Jo-IS 13. Indemnification. The Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless he Grantor, its officers, directors, trustees, employees, a d agents, from nd against any and all claims, liabilities, losses, and expenses (including reasonable legal fees) direc ly, indirectly, wholly, or partially arising from or in connection wi h any act or omission of the Grantee, its employees, or agents, in accepting the Grar:it, in expending or applying the funds furnished pursuant to this Agreeme t or, in carrying out the specified components of the Project, including any activities u dertaken in furtherance thereof, except to the extent that such claims, liabilities, losses, or ex~enses arise from or in connection with any act or 14. omission of the Grar.itor, its officers, ditectors, employees, or agents. (a) Subject to prior approva by the Grantor, the Grantee shall recognize puBlicly the Grantor's contribution to the Project for a period of ten years fo lowing the complet' on of tHe Project by: (i) ~ acing the Swim Drink Fish and The W. Garfield Weston (iii) Fo1:1ndation's logo on all print and web reports, promotional mate ial, signage and copy created in connection with the Project; providing the Grantor with tangible, physical recognition of its c0ntribution to the Project, in a form and scale as described in Schedule B, to be agreed upon by the Parties and to be situated in a prominent location; and where feasible, upon 10 days' written notice to the Grantor, providing the Grantor with participation (i.e., speaking opportunities) at public events in connection with the Project, including, but not limited to, ribbon cutting ceremony, media tours, and other press events. Draft-August 3, 2018 Page 4 of 11
ATTACHMENT# ; TO.REPORT# f/\Jf, do-f S ---~-Of J J (b) The Grantee agrees: (i) to place the. logo of The W. Garfield Weston Foundation on all materials and the tangible, physical recognition upon which it places the logo of the Granter pursuant to section 14(a); (ii) to reasonably accommodate additional OP,tions for recognition not contemplated expressly by this Agreeme t for the Granter; and (iii) to participate in the Grantor's Project documentation efforts, which may be requested by the Granter from time to time, unless it provides the Granter with reasonable catise not to do so. (c) The Granter shall provide trie Grantee with a communication plan and · assist the Grantee with all o treach and communication initiatives in connection with the Project. 15. Confidentiality. Subject to the provisions of Municipal Freedom of Information and Protection of Privacy Act, R.S.0. 1990, c. M.56 whicli the parties acknowledge applies to the Corporation of the City of Pickering, the Parties ack•owledge that in the course of fulfilling their respective obligations under this Agreement, each Party will have access to or acquire confidential information relating to the other Party (which in the case of the Granter, may include information about other Rr,ojects) and its affiliates and related organizations or a third P-artY, (collecfo1ely, the "Confide tial Information"). All Confidential Information is and shall remain the exclus·ve property of the Party to which it pertains. Each Party shall l<eep confi<ile tial eacH item of Confidential Information and, except with the other Party's-prior written consent, snail not disclose any Confidential Information to any person or entitY-whatsoever, nor. use the Confidential Information for any purpose other than contemplatea by tfiis Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that: (d) was generally known to the public prior to the date of this Agreement including the amount of the grant, the original funding source and the terms ofi the grant and recognition; .becomies generally known to the public through no breach of this Agreement; was, th .ough no breach of this Agreement, known by the Party receiving tble Confidential Information prior to being granted the Confidential Information; or was independently developed by the Party receiving the Confidential Information without reference to the Confidential Information. 16. Relationship. The Grantor's role in providing the Grant is solely that of a non-exclusive funder of the Project. This Agreement does not constitute, and shall not be construed as creating a partnership or joint venture between the Parties. The Parties covenant, agree Draft-August 3, 2018 Page 5 of 11
I A TACHMENT# __ -D 173 OREPORT# l:::/Ve-J oO -Co of /( and confirm that they have entered into this Agreement as independent parties carrying on separate enterprises. Nothing in this Agreement shall be construed to make either · Party an employee, franchisee, joint venturer or partner of the other Party or to otherwise be related as an independent contractor of the other Party. For clarity, the Granter encourages the Grantee to collaborate with and seek funding for the Project from other sources at its own discretion and expense. 17. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario and the federal laws of Canada applicable therein. 18. Entire agreement; amendments and waivers. This Agreement shall supersede any prior oral or written understandings or communications Between the Parties and constitutes the entire agreement of the Parties with respect to the suoject matter hereof. This Agreement, including any Schedules attached hereto, may r-iot be amended or modified, except in a writing signed by both 8arties hereto. 19. Counterparts. This Agreement may be signed in counterparts, meaning that the Agreement is valid if signed by both Parties, even if tbe signatures of the parties appear on separate copies of the same Agr:eement rather than on a single document. Draft-August 3, 2018 Page 6 of 11
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above. Draft-August 3, 2018 SWIM DRINK FISH CANADA Per: ---~---------Name: Mark Mattson Title: President Name: Krystyn Tully Title: Vice President CITY OF PICKERING Per: Name: Title: Name: Title: Page 7 of 11
ATTACHMENT# I <a of TO REPORT# " SCHEDULE A Project Background and Description Pickering: Rotary Frenchman's Bay West Park -site restoration Challenge Show how an urban community can restore waterfront natural abitat and develop a stewardship model to prevent future damage to remaining urban wetlands on the Great Lakes. Funded Activities • Re-plant native trees, shrubs and plants to replace the non-native, in dying plant material that removed to permit site restoration activities • Restore critical shoreline habitat by removing pre-existing foundations from former cottages and placement of rock for shoreline stabilization and aquatic habitat enhancement • Conduct community stewardsl;iip training to educ te the residents about the various-natural features and habitats wi hi Uie park and helR residents to identify the different flora and fauna found throughout the par • Conduct community stewardship raining to help residents prevent household waste from contaminating the park and surroundi11g etlana areas Need Located in Pickering, Frenchman's Bay is one of a series of large coastal wetlands along the north shore of Lake Ontario. Due to its size, the diversity of vegetation communities and a long list of significant features, Frenchman's Bay as been designated as an Environmentally Significant Area by the Toro•to Region Conservation Authority (TRCA). Rotary Frenchman's Bay West f?ark is located within this designated area. Most of the park, originally cottage properties, was purchase by the JRCA in the late 1960's. The dwellings were demolished and the pro erty left to re-naturalize. Through pt1blic consultation, a lilUmber of master plan studies were completed for the park area. A park plan was developed tha would preserve, protect, and enhance the valuable ecosystem components of tl:ie site as well as to develop park infrastructure that would maintain and improve the carrying capacity of the site by providing trails, formal parking and passive interpretive opportunities. The City of Pickering Council endorsed the Frenchman's Bay Waterfront Master Plan in 2012 and approved the funds to proceed with the first phase of park redevelopment in 2018. Plans include the reconstruction of the access road, and provision of layby parking, a trail system and an educational kiosk. Interpretive signage will be installed to educate the public about the significance of the park and its biodiversity. Draft -August 3, 2018 Page 8 of 11
ATTACHMENT# __ TO REPORT# __ I A significant amount of replanting will be done within the phase 1 area, where many invasive and hazardous trees were removed. Replanting will be in the form of native trees, shrubs and perennial plants. Plans also include the removal of the remnants of many old cottage foundations and shore walls that remain along the beachfront. With the removal of these structures, shoreline stabilization will be required. Aquatic habitat enhancement along the Lake Ontario shoreline will also be completed as part of this work. Timeline Construction of the phase 1 works commenced in April 2018 with site preparation, removals, and installation of tree protection fencing and erosion and sediment controls. Site works have proceeded with the expected completion date of the main project by October 2018. The planting portion of the project is to be completed during the months of August and September. A community stewardship plan will completed during the fall of 2018, to be implemented over the winter months and spring of 2019. This includes the design of information materials such brochures and interpretive signage. Detailed design and permitting for the shoreline restoration and erosion control/aquatic habitat works are scheduled to proceed during the fall of 2018. Due to the historically higher lake levels during the spring months as well as fisheries\window (March 31st to July 1st), site works are scheduled to proceed during the fall of 2019, when the lake levels are historically at their lowest. Draft-August 3, 2018 Page 9 of 11
8 SCHEDULE B Grant Allocation and Recognition Grant funds shall be used by the Grantee exclusively for waterfront and aquatic habitat restoration, including: • Re-plant native trees, shrubs and plants to replace the non-native, invasive, dead and dying plant material that removed to permit site restoration activities • Restore critical shoreline habitat by removing pre-existing foundations from former cottages and placement of rock for shoreline stabilization and aquatic habitat enhancement • Conduct community stewardship training to educate the residents about the various natural features and habitats within the park and help residents to identify the different flora and fauna found throughout the park • Conduct community stewardship training to help residents prevent household waste from contaminating the park and surrounding wetland areas The breakdown of funds is as follows: • $140,000 Native trees, shrubs and perennials • $50,000 Shoreline restoration and erosion .control • $10,000 Community stewardship training supplies, materials, rentals & contracts etc., based on an approved community stewardship plan. This plan may include informational brochures, interpretive signag1r, or other services and/or materials The recognition may be designed in cooperation with the development of, and may not conflict with, other recognitions associated with the Project Draft-August 3, 2018 Page 10 of 11
ATTACHMENT#_L SCHEDULE C Reporting Deadlines and Information Requirements Type of Report Content Due Date Interim • an executive summary of progress to date, including a October 12, 2018 Progress Report high-level overview of progress against program deliverables; and • detail of work with community and other partners; • examples or anecdotes to illustrate the impact of the March 15, 2019 work; • evidence of progress to program sustainability · .. initiatives, including additional funding secured and partnerships developed; • financial statements detailing funds allocated, spent, and committed to third parties, along with a reconciliation of the budget and information about matching funds or in-kind contributions; • photographs and/cfr videos which record progress and impact; and • other details as may be requested by the Granter, upon 2 weeks' notice. Final Report • a summary of.the work completed in respect of each December 12, of componentsfunded by the Grant; 2019 • overall impact of the Projechover the course of the Grant; • financial statements detailing funds allocated, spent and.committed to third parties, along with a reconciliation of the budget; • photographs.and/or videos which record progress and impact; and • certification by an authorized representative of the Grantee\that the Grant was used exclusively for the purposes set out in this Agreement, unless otherwise agreed by the Parties in writing . . • .. matching funds Ad Hoc Report • To be determined in the sole discretion of the TBD, upon two Granter, usually when requested by The W. Garfield weeks' notice Weston Foundation Draft-August 3, 2018 Page 11 of 11
-C~of-p](KER]NG ATTACHMENT#--J--TOREPORT#. E/\Jf} d0 -JS __ (_or t ---'~..:.~-FRENCHMAN'S BAY LAKE SUBJECT AREA ONTARIO Location Map -Rotary Frenchman's Bay West Park