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HomeMy WebLinkAboutOES 34-02 Citq o~ REPORT TO THE Finance & Operations Committee I:: () ~J . 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. 60 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 .., v \!'iACHi'1b\I'I; L.,iC f\EPORT#ßt~..s4--ó;l.. J~ /9 5 61 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; 62 I\TTACHMENT H --~ TO REPORT # rES h -0 ? V C~ ,;( dJ <; 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. ATTACHMENT # -.!..__TO REPORT # .alES 34--0.). NkÇ)¿ 31 S 63 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. I REPORT # {J£ ß;?4- --()~ /':;;vs& k éj :; 61 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 ATTACHMEt\IT #., t. REPORT #peS34 -62 /I:~e :{ ~~. 6:1 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.