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HomeMy WebLinkAboutPLN 25-21Report to Council Report Number: PLN 25-21 Date: April 26, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Valley Plentiful Community Garden - Draft Memorandum of Understanding - File: D-7001 Recommendation: 1. That Report PLN 25-21 of the Director, City Development & CBO, regarding the Draft Memorandum of Understanding with Valley Plentiful Community Garden, be endorsed; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding between the City of Pickering and Valley Plentiful Community Garden Committee, as set out in Attachment #1 of this report, subject to revisions as may be acceptable to the City Solicitor and the Director, City Development & CBO; 3. That the appropriate City staff be directed to take the necessary actions as per the Draft Memorandum of Understanding; and 4. That staff be directed to report back to Council with recommendations pertaining to a community garden policy. Executive Summary: For the past several months, City staff have been working with the newly formed Valley Plentiful Community Garden Committee (the “Committee”) to support the continued operation of the community garden program located at Diana Princess of Wales Park. In particular, staff have been working with the Committee to get the necessary agreements and procedures in place for the 2021 season. The agreements and procedures that govern the Community Garden Program activities (between the Committee and its membership) include an Annual Gardener Membership Application, Garden Membership Agreement & Code of Conduct, Hydro One Agreement Terms and Conditions, COVID-19 Protocols Agreement, and the Conflict Resolution Policy Procedure. The agreement that governs the obligations of the Valley Plentiful Community Garden Committee and its membership (between the Committee and the City of Pickering) are reflected in the Draft Memorandum of Understanding. These documents will help to create a clear and transparent framework by formalizing expectations, rules and roles for the City, Valley Plentiful Community Garden Committee and gardeners with respect to the use of the Diana Princess of Wales Park. The Draft Memorandum of Understanding (see Attachment #1) outlines responsibilities and obligations of the City of Pickering and Valley Plentiful Garden Committee regarding the use of designated lands at Diana Princess of Wales Park. The lands at Diana Princess of Wales Park are owned by Hydro One and leased to the City of Pickering for public recreational purposes. Report PLN 25-21 April 26, 2021 Subject: Valley Plentiful Community Garden Page 2 As a result, the terms and conditions that govern the operation of the Valley Plentiful Community Garden program are set out in the Draft Memorandum of Understanding between the City of Pickering and Valley Plentiful Garden Committee. Financial Implications: Not applicable to this report. Discussion: Valley Plentiful Community Garden has been a well-loved space for Pickering residents for many years. The garden supports local food security, creates a welcoming space for people to come together and learn, and helps others by supporting the local food bank. As per Council Resolution #224/14, City staff are responsible to prepare and bring back to Council agreements for those associations that have dedicated use of City facilities. Consistent with this directive, City staff have been working with the Valley Plentiful Community Garden since 2020 to develop and formalize an agreement and framework for the operation of Valley Plentiful Community Garden. This framework includes the development of necessary procedures to govern committee activities, obligations for the Committee to possess liability insurance, and a Draft Memorandum of Understanding to permit the use of designated lands at Diana Princess of Wales Park for the Valley Plentiful Community Garden program. The Annual Gardener Membership Application, Garden Membership Agreement & Code of Conduct, Hydro One Agreement Terms and Conditions, COVID-19 Protocols Agreement, and Conflict Resolution Policy Procedure will be executed between the gardeners and the Garden Committee. Staff have reviewed and amended each of these documents from an operational, legal and insurance perspective. The Draft Memorandum of Understanding will be executed between the City of Pickering and the Garden Committee to outline the responsibilities and obligations of each party. These agreements and forms will be reviewed annually should changes be warranted. Planning for the future, there may be more requests for the City to consider and/or support the formation of new community gardens. As a result, staff will review how other municipalities have structured official policies and procedures pertaining to community gardens and report back to Council with a recommendation in late 2021. Attachment: 1. Draft Memorandum of Understanding Report PLN 25-21 April 26, 2021 Subject: Valley Plentiful Community Garden Page 3 Prepared By: Chantal Whitaker, BESc (Hons), CSR-P Supervisor, Sustainability Approved/Endorsed By: Kyle Bentley, P. Eng. Director, City Development & CBO CW :ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report #PLN 25-21 Draft Memorandum of Understanding and Garden Agreement Between The Corporation of the City of Pickering and Valley Plentiful Community Garden This Memorandum of Understanding is between Valley Plentiful Community Garden and the City of Pickering, and constitutes a garden agreement regarding use of Diana, Princess of Wales Park as a community garden located at 1550P Diefenbaker Court. City of Pickering Responsibilities •Continue to facilitate the use of the identified site for a community garden (subject to approval from Hydro One). •Supply of pathway woodchips subject to availability. •General grounds maintenance of surrounding park space and trees (not including the fruit trees) related to grass cutting, water supply system, public pathway maintenance and garbage pickup. •Assist the Valley Plentiful Community Garden Committee with the communication and promotion of garden events and initiatives, as appropriate. Garden Committee Responsibilities •Comply with all City of Pickering by-laws, provincial regulations and Hydro One Terms and Conditions. •At its own expense, arrange and maintain general liability insurance satisfactory to the City for all liability arising out of bodily injury (including death) and property damage, such insurance to be not less than $2,000,000 per occurrence or loss, to be in full force and effect at all times. A copy of the Certificate of Insurance confirming such insurance coverage shall be provided to the City and the City shall be an Additional Insured on such policy. The policy shall contain an undertaking to the insurer to notify the City in writing not less than thirty (30) days prior to any material change, cancellation or termination of the policy. •Administer the signing and compliance of the following: •Annual Gardener Membership Application; •Garden Membership Agreement & Code of Conduct; •Hydro One Agreement Terms and Conditions; •COVID-19 Protocols Agreement; and the •Conflict Resolution Policy Procedure •Maintain regular contact with the designated City of Pickering representative. •Provide the City of Pickering representative with a list of Garden Committee members and their contact information. • If requested, provide the City of Pickering representative with signed copies of the Annual Gardener Membership Application, Garden Membership Agreement & Code of Conduct, COVID-19 Protocols, Hydro Agreement Terms and Conditions for each member. • Maintain a ‘waiting list’ for those interested in participating in the garden. • Maintain and secure the community garden, garden sheds, compost containers, fruit trees and other community garden infrastructure at no cost to the City of Pickering. • Provide the City of Pickering representative with a brief year-end report summarizing garden activities and future garden plans. • Assist the City of Pickering with communication and promotion of events and initiatives, as appropriate. Community Garden Committee Representative Date Draft _______________________________ Name The Corporation of the City of Pickering Date Draft _______________________________ Name Title I have the authority to bind the Corporation. The Corporation of the City of Pickering Date _______________________________ Name Title I have the authority to bind the Corporation. Draft