Loading...
HomeMy WebLinkAbout2020-11-04 Agreement - Recreation Services (Duchess) THIS AGREEMENT dated the day of 2020 BETWEEN COUNTY OF NEWELL (the"County") OF THE FIRST PART -and- VILLAGE OF DUCHESS (the Village) OF THE SECOND PART RECREATION SERVICES AGREEMENT WHEREAS the County and the Village are municipal corporations pursuant to the Municipal Government Act(Alberta); AND WHEREAS the County and the Village have common boundaries and are required to create an intermunicipai collaboration framework pursuant to Part 17.2 of the Municipal Government Act which must address,amongst other things,services relating to recreation; AND WHEREAS the County and the Village recognize the value of recreation facilities and programs and their contribution to the quality of life for residents; AND WHEREAS It has been agreed by the County and the Village to authorize the establishment of a Recreation,Parks,&Culture Board under joint control of both parties; NOW THEREFORE pursuant to Part 27.2 of the Municipal Government Act and in consideration of the covenants and agreements contained herein,the receipt of sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. DEFINITIONS 1.1. In this Agreement,the following terms shall have the following meanings: a) "Agreement"means this Agreement and Includes any Schedules hereto. b) "Capital Expenditure" means the funding payable by the County and the Village pursuant to this Agreement which Is used to acquire, upgrade, and maintain physical assets such as buildings and equipment with a useful life that exceeds one year and a cost of$10,000 and above. Recreation Services Agreement—County of Newell and Village of Duchess 1 I P a g e c) "County"means the County of Newell. d) "Operational Recreation Funding"means the funding payable by the County and the Village pursuant to this Agreement which Is used to pay for the day-to-day expenses of providing Recreation Services such as salaries, utilities, goods and supplies and minor equipment under$10,000. e) "Recreation Services"means recreation facilities and programming owned or operated by the Village or Society and funded,in whole or in part,by Recreation Funding. f) "Society"means the Duchess Agricultural Society. g) "Village"means the Village of Duchess. 2. TERM OF AGREEMENT 2.1. The term of this Agreement shall be four(4)years commencing on the 1"day of January,2020 (the"term"). 3. RECREATION FUNDING 3.1. Subject to the terms and conditions of this Agreement, the County will provide Recreation Funding for each calendar year during the term of the Agreement as set out herein, commencing in the 2020 calendar year. 3.2. The Operational Recreation Funding payable by the County to the Village during the 2020 calendar year shall be as follows: a) $59,000.00 to be used by the Village for the sole purpose of providing an indoor athletic field, outdoor playgrounds and walking trails which are open to and available to residents of both the Village and the County,and; b) $55,950.00 as a contribution that will be matched by the Village (combined amount $111,900.00)that will be paid to the Duchess Agricultural Society for the sole purpose of funding recreation services provided by the Society. c) $5,000.00 as a contribution that will be matched by the Village (combined amount $10,000.00) as the base budget that will be allocated by the Recreation, Parks & Culture Board to eligible community groups that operate recreation or culture facilities or provide recreation or cultural programs or services. 3.3. The Operational Recreation Funding payable by the County to the Village for subsequent years during the Term of this Agreement shall be calculated by increasing the amount of Recreation Funding payable in the immediately preceding year by TWO (2.0%) PERCENT, and shall be Recreation Services Agreement--County of Newell and Village of Duchess 2 P a g e payable no later than May 1 of the year in question or such other date as is agreed upon in writing by the parties. 3.4. The County agrees to pay fifty percent (50%) of any Capital Expenditures required for Village Recreational Facilities during the Term of this Agreement as approved by both Councils on a case-by-case basis. The Village shall invoice the County using the actual costs of the Capital Expenditure and shall include copies of all invoices to be paid by the Village for the Capital Expenditures with an invoice to the County. 3.5. The County and the Village each agree to pay fifty percent (50%) of any Capital Expenditures, less any fundraising,grants and donations received by the Society, required for Society Facilities during the Term of this Agreement as approved by both Councils on a case-by-case basis. The Society shall invoice the County and Village using the actual costs of the Capital Expenditure and shall include copies of all invoices to be paid by the Society for the Capital Expenditures with an Invoice to the County and the Village. 3.6. If the Village or the Society determines that there are emergency projects which require Capital Expenditures, it shall notify the Board as soon as possible about the emergency project. Emergency projects will be funded as outlined In 3.4 and 3.5 above as approved by both Councils on a case-by-case basis. 3.7. The County agrees to pay its portion of any Capital Expenditures within 30 days from the date of receiving an invoice from the Village or Society. Invoices may be sent to.aRtenewelimall.ga for processing. 4. RESPONSIBILITY FOR CONTRIBUTIONS 4.1. The County and the Village shall each be solely responsible for securing their respective contributions to capital and operating costs and expenses for the Recreation Services,and may secure and obtain funding in a form and on terms and conditions determined to be reasonable and appropriate by the securing party in its sole discretion, S. RECREATION,PARKS,&CULTURE BOARD 5.1. The County and the Village agree to constitute a "Recreation, Parks, & Culture Board", hereinafter referred to as "the Board" to oversee the allocation of recreation funding for the area identified as the Village of Duchess and the subject area designated by the County. 5.2. The said members shall consist of: a) Two members of the Village Council as appointed by the Village Council. b) Two members of the County Council with one being a Councillor that represents the subject area designated by the County. Recreation Services Agreement—County of Newell and village of Duchess 3 1 P a g e c) One member of the Duchess Agricultural Society. 5.3. The Board shall be governed by and subject to the following: a) The Chairperson shall be elected during the first meeting after the annual organizational meeting for each Council. b) The Board shall meet at least twice each year in May and September, The times and dates of meetings will be determined by the Board at its first meeting. c) Additional meetings outside of the schedule set in accordance with Article 5.3(b)above may be called by the Chairperson or at the request of any two members(which may Include the Board Chair). d) The minutes of all regular and special meetings shall be recorded by the Village CAO or Designate.Copies of all minutes shall be filed with the Village Office and all Board members and the County shall receive a copy of the minutes. e) A quorum of the said Board shall be a majority of the members of the board,with at least one member from each municipality. f) Neither the Board nor any member shall have the power to pledge the credit of the Village or the County or both in connection with any matters whatsoever, nor shall the Board or any member have any power to authorize any expenditure to be charged against the Village or the County or both. 5.4. The responsibilities of the Board shall be(in order of priority): a) to report to the Councils,through annual budgets,financial reporting supportto community recreational/parks/cultural organizations or individuals for the provision of recreational, parks,cultural programs located In the Area, b) to recommend to the Councils, policies and standards concerning recreational/parks/cultural matters, c) to co-operate with and encourage all organizations located within the area who are working for and supporting recreational/parks/cultural services, d) The Board may hear and review representation by an individual,organization,or delegation of citizens concerned with recreation, parks and/or culture and submit recommendations to each Council on recreation related matters that the Board considers to be in the general interest of all citizens within the Area. Recreation Services Agreement—County of Newell and Village of Ouchess 4 1 P a g e e) The Board shall recommend to the Councils,Capital Expenditures for approval for the next calendar year by September 30. f) The Board shall submit an official request for funds in excess of the base budget required by the Board for the next calendar year to the Village and County Councils by September 30. A final report of funds expended for the previous calendar year shall be submitted to each Council by April 30. 5.5. Funds allocated for community groups shall be based on the merits of applications submitted. The Board Is delegated the authority to determine which groups will be funded and amounts thus approved. 5.6. The Board may specify conditions if any that apply to the issuance of grant funds such as providing formal accountability for the use of funds approved by the Board. 5.7. That If either or both of the Councils for the Village and the County are of the opinion that the annual budget recommended by the Board is excessive, such Council shall have the right to request that the Board reconsider the budget with the objective being to reduce the financial Impact upon the contributing municipalities. 5.8. That the Village shall be the signing authority for all cheques,vouchers and monies received or spent. The administrative support/secretary function for the Board shall be provided by the CAO or designate for the Village. 5.9. Requirements for funded applications: a) A current financial statement must be supplied with an application;exceptions will be made for newly formed groups with no previous financial activity. b) An application must Include a proposed budget and a statement of need. c) The Board has control over the application funding process and schedule. d) All of the above criteria must be met before the Board will consider the funding application. 6. USE OF FUNDING AND REPORTING REQUIREMENTS 6.1. The Village and the Society shall use the Recreation Funding received pursuant to this Agreement solely for the purpose for which It is intended and designated pursuant to this Agreement,taking into account the purpose and intent of this Agreement. 6.2. Without limitation to any other provision of this Agreement, the Village and the Society shall provide the County with an accounting and supporting documentation regarding the use of the Recreation Funding, ninety(90)days from the end of their fiscal year which shall include: Recreation Services Agreement—County of Newell and village of Duchess 5 1 P a g e a) An annual financial report which identifies the cost of recreational services;and b) A summary of the monetary contribution made to the Society. 6.3. The County shall provide the Village with an accounting and supporting documentation regarding the monetary contributions made to the Society within 90 days from the end of each calendar year. 7. VILLAGE'S OBLIGATIONS 7.1. In recognition of the payments to be made by the County to the Village pursuant to this Agreement, during the Term and any Renewal Term,the Village shall permit County Residents to access Village Recreational Services and Facilities in the same frequency and In the same manner as if County Residents were Village Residents. 7.2. County Residents shall pay the same user fees, charges or levies which the Village charges Village Residents for access to Village Recreational Services and Facilities. 7.3. The Village shall provide, or cause to be provided,the Recreation Services in accordance with all applicable federal and provincial legislation and regulations and with the degree of skill, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced provider of such services. S. INSURANCE AND INDEMNITY 8.1. Each party shall hold harmless the other party, the other party's employees and agents from any and all third party claims, demands, or actions for which it Is legally responsible, including those arising out of negligence or wilful acts by the responsible party,its employees or agents. This hold harmless shall survive this Agreement. 8.2. Each party shall, at its own expense, insure its operations under a contract of Comprehensive General Liability Insurance,in accordance with the Alberta Insurance Act,in an amount not less than FIVE MILLION($5,000,000.00)DOLLARS,insuring against bodily injury,personal injury,and property damage including loss of use thereof. Recreation Services Agreement--County of Newell and Village of Duchess 6 1 P a g e IN WITNESS WHEREOF the parties have executed this Agreement as of the date herein above written. "Z-0 1 -o Reeve-County o ewell Date seal 0 Co my of Newell Date 0 Mayor— lage of Duchess Date seal / IL- o r/,/, ri Village of Duchess Date Recreation Services Agreement—county of Newell and Village of Duchess 7 R a g e