GREATER VANCOUVER REGIONAL DISTRICT (GVRD) - PARKS BOARD OF DIRECTORS

Transcription

1 Meeting 1 of 7 GREATER VANCOUVER REGIONAL DISTRICT (GVRD) - PARKS BOARD OF DIRECTORS REGULAR BOARD MEETING Friday, July 31, :00 A.M. 2 nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia Membership and Votes A G E N D A 1 A. ADOPTION OF THE AGENDA 1. July 31, 2015 Regular Meeting Agenda That the GVRD Board adopt the agenda for its regular meeting scheduled for July 31, 2015 as circulated. B. ADOPTION OF THE MINUTES 1. July 3, 2015 Regular Meeting Minutes That the GVRD Board adopt the minutes for its regular meeting held July 3, 2015 as circulated. C. DELEGATIONS D. INVITED PRESENTATIONS E. CONSENT AGENDA Note: Directors may adopt in one motion all recommendations appearing on the Consent Agenda or, prior to the vote, request an item be removed from the Consent Agenda for debate or discussion, voting in opposition to a recommendation, or declaring a conflict of interest with an item. 1. REGIONAL PARKS COMMITTEE REPORTS 1.1 Regional Parks Role in Promoting Agriculture That the GVRD Board approve the Regional Parks Role in Promoting Agriculture Policy as presented in the reported dated June 29, 2015, titled Regional Parks Role in Promoting Agriculture. 1 Note: Recommendation is shown under each item, where applicable. July 21, 2015 Greater Vancouver Regional District - Parks - 1

2 GVRD Board Agenda - Parks July 31, 2015 Agenda Page 2 of Burnaby Lake Regional Park Burnaby Lake Park Association Contribution Agreement That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Burnaby Lake Park Association for a one-year term in the amount of $10,000, commencing November 1, 2015 and ending October 31, Derby Reach and Brae Island Regional Parks Derby Reach Brae Island Parks Association Contribution Agreement That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Derby Reach Brae Island Parks Association for a one-year term in the amount of $8,800, commencing November 1, 2015 and ending October 31, Kanaka Creek Regional Park Kanaka Education and Environmental Partnership Society Contribution Agreement That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Kanaka Education and Environmental Partnership Society for a one-year term in the amount of $15,000, commencing November 1, 2015 and ending October 31, Minnekhada Regional Park Minnekhada Park Association Contribution Agreement That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Minnekhada Park Association in the amount of $10,000, commencing November 1, 2015 and ending October 31, Pacific Spirit Regional Park Pacific Spirit Park Society Contribution Agreement That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Pacific Spirit Park Society in the amount of $15,000, commencing November 1, 2015 and ending October 31, F. ITEMS REMOVED FROM THE CONSENT AGENDA G. REPORTS NOT INCLUDED IN CONSENT AGENDA H. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN I. OTHER BUSINESS J. BUSINESS ARISING FROM DELEGATIONS K. RESOLUTION TO CLOSE MEETING Note: The Board must state by resolution the basis under section 90 of the Community Charter on which the meeting is being closed. If a member wishes to add an item the basis must be included below. Greater Vancouver Regional District - Parks - 2

3 GVRD Board Agenda - Parks July 31, 2015 Agenda Page 3 of 3 L. RISE AND REPORT (Items Released from Closed Meeting) M. ADJOURNMENT/CONCLUSION That the GVRD Board adjourn/conclude its regular meeting of July 31, Greater Vancouver Regional District - Parks - 3

4 Section B 1 GREATER VANCOUVER REGIONAL DISTRICT BOARD OF DIRECTORS - PARKS Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Board of Directors - Parks held at 9:02 a.m. on Friday, July 3, 2015 in the 2 nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia. MEMBERS PRESENT: Chair, Director Greg Moore, Port Coquitlam Alternate Director George Affleck, Vancouver for Tim Stevenson Director Wayne Baldwin, White Rock Alternate Director Elizabeth Ball, Vancouver for Raymond Louie Director John Becker, Pitt Meadows Director Henry Braun, Abbotsford Director Malcolm Brodie, Richmond Director Mike Clay, Port Moody Director Jonathan Coté, New Westminster Alternate Director Melissa De Genova, Vancouver for Heather Deal Director Sav Dhaliwal, Burnaby Director Ralph Drew, Belcarra Director Charlie Fox, Langley Township Director Moe Gill, Abbotsford Director Maria Harris, Electoral Area A Director Linda Hepner, Surrey Director Craig Hodge, Coquitlam Director Lois Jackson, Delta Director Kerry Jang, Vancouver Director Colleen Jordan, Burnaby Director Bob Long, Langley Township Director Mary Martin, Surrey Director John McEwen, Anmore Director Geoff Meggs, Vancouver Director Darrell Mussatto, North Vancouver City Director Maureen Nicholson, Bowen Island Director Nicole Read, Maple Ridge Director Andrea Reimer, Vancouver Director Michael Smith, West Vancouver Director Barbara Steele, Surrey Director Harold Steves, Richmond Director Richard Stewart, Coquitlam Director Rudy Storteboom, Langley City Director Judy Villeneuve, Surrey Director Richard Walton, North Vancouver District Alternate Director Helen Waterson, Lions Bay for Karl Buhr Alternate Director Dave Woods, Surrey for Bruce Hayne Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Board of Directors - Parks held on Friday, July 3, 2015 Page 1 of 4 Greater Vancouver Regional District - Parks - 4

5 MEMBERS PRESENT (Continued): Director Bryce Williams, Tsawwassen MEMBERS ABSENT: Director Derek Corrigan, Burnaby Director Gregor Robertson, Vancouver STAFF PRESENT: Carol Mason, Commissioner/Chief Administrative Officer Deanna Manojlovic, Assistant to Regional Committees, Board and Information Services, Legal and Legislative Services Chris Plagnol, Director, Board and Information Services/Corporate Officer, Legal and Legislative Services A. ADOPTION OF THE AGENDA 1. July 3, 2015 Regular Meeting Agenda It was MOVED and SECONDED That the GVRD Board adopt the agenda for its regular meeting scheduled for July 3, 2015 as circulated. CARRIED B. ADOPTION OF THE MINUTES 1. June 12, 2015 Regular Meeting Minutes C. DELEGATIONS No items presented. It was MOVED and SECONDED That the GVRD Board adopt the minutes for its regular meeting held June 12, 2015 as circulated. CARRIED D. INVITED PRESENTATIONS No items presented. Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Board of Directors - Parks held on Friday, July 3, 2015 Page 2 of 4 Greater Vancouver Regional District - Parks - 5

6 E. CONSENT AGENDA It was MOVED and SECONDED That the GVRD Board adopt the recommendation contained in the following item presented in the July 3, 2015 GVRD Board Parks Consent Agenda: 1.1 Boundary Bay Regional Park Delta Heritage Airpark Licence Agreement Renewal CARRIED The item and recommendation referred to above is as follows: 1.1 Boundary Bay Regional Park Delta Heritage Airpark Licence Agreement Renewal Report dated May 13, 2015 from Tom McComb, Acting Division Manager, West Area Regional Parks, Planning, Policy and Environment, seeking GVRD Board approval to renew the License Agreement with the Recreational Aircraft Association of Canada Chapter 85, for the operation and management of Delta Heritage Airpark. Recommendation: That the GVRD Board: a) Authorize staff to enter into a License Agreement with the Recreational Aircraft Association Chapter 85 for continued operation and management of the Delta Heritage Airpark for a term of five (5) years, from August 1, 2015 to July 31, 2020, with an option to renew the License Agreement at GVRD s sole discretion for a further five (5) year term to July 31, 2025; b) Authorize the Property Division Manager to execute the necessary documents. Adopted on Consent F. ITEMS REMOVED FROM THE CONSENT AGENDA No items presented. G. REPORTS NOT INCLUDED IN CONSENT AGENDA No items presented. H. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN No items presented. I. OTHER BUSINESS No items presented. J. BUSINESS ARISING FROM DELEGATIONS No items presented. Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Board of Directors - Parks held on Friday, July 3, 2015 Page 3 of 4 Greater Vancouver Regional District - Parks - 6

7 K. RESOLUTION TO CLOSE MEETING It was MOVED and SECONDED That the GVRD Board close its regular meeting scheduled for July 3, 2015 pursuant to the Community Charter provisions, Section 90 (1) (e) as follows: 90 (1) A part of a board meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following: (e) the acquisition, disposition or expropriation of land or improvements, if the board or committee considers that disclosure could reasonably be expected to harm the interests of the regional district. CARRIED L. RISE AND REPORT (Items Released from Closed Meeting) No items presented. M. ADJOURNMENT/CONCLUSION It was MOVED and SECONDED That the GVRD Board adjourn its regular meeting of July 3, CARRIED (Time: 9:03 a.m.) CERTIFIED CORRECT Chris Plagnol, Corporate Officer Greg Moore, Chair FINAL Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Board of Directors - Parks held on Friday, July 3, 2015 Page 4 of 4 Greater Vancouver Regional District - Parks - 7

8 Section E 1.1 To: From: Regional Parks Committee Frieda Schade, Division Manager, Planning and Engineering Services, Regional Parks Date: June 29, 2015 Meeting Date: July 9, 2015 Subject: Regional Parks Role in Promoting Agriculture RECOMMENDATION That the GVRD Board approve the Regional Parks Role in Promoting Agriculture Policy as presented in the reported dated June 29, 2015, titled Regional Parks Role in Promoting Agriculture. PURPOSE To seek GVRD Board approval on a policy regarding the role of Metro Vancouver Regional Parks in promoting agriculture. BACKGROUND The 2014 Regional Parks Service Review Report included the following recommendation #20: Draft a policy for the Board s consideration on the role of the Regional Parks Service in promoting local agriculture. The existence of working agricultural areas in regional parks was identified in the 2014 Regional Parks Service Review Report as a challenge. REGIONAL PARKS AND AGRICULTURAL LAND In 20 regional park sites there are approximately 2,400 ha of regional park land in the Agricultural Land Reserve; these lands constitute approximately 17% of the Regional Parks Service s total land base of 14,500 ha. The 2014 Regional Parks Service Review Report, adopted by the GVRD Board in November 2014, confirmed that the Regional Parks Service exists primarily to protect the region s important natural areas while also seeking to provide opportunities for people to connect with, enjoy, be active within and learn about the region s natural environment. For the purposes of identifying the Service s role in promoting agriculture, the following general principles are put forward, based on past legal opinions: a) Regional parks are intended for public use and enjoyment; b) A broad spectrum of uses and management can be accommodated within a regional park, but such uses must be consistent with the operation of a park; c) A land use that has a commercial aspect may be acceptable, provided that the primary purpose of land use is to enhance the purpose of the regional park; and d) Metro Vancouver cannot grant exclusive use of regional park land to a commercial agricultural operation. Greater Vancouver Regional District - Parks - 8

9 Regional Parks Role in Promoting Agriculture Regional Parks Committee Meeting: July 9, 2015 Page 2 of 2 While agricultural lands are not targeted for acquisition as regional parkland, agricultural land is, at time, acquired by the GVRD for addition to and operation as a regional park. As suggested earlier, once agricultural lands are added to a regional park, constraints apply to the use of such lands. Agriculture is a private commercial land use that excludes the public, and does not fall within the mandate of the regional parks function. Metro Vancouver cannot grant exclusive use of regional parkland to a commercial agricultural operation. Within regional parks, Metro Vancouver is able to provide opportunities for agricultural demonstrations, themed events, tours, education, and interpretation. These opportunities for promotion, however, do not typically include farming. A draft policy statement titled Regional Parks Role in Promoting Agriculture is attached for the consideration of the GVRD Board (Attachment 1). ALTERNATIVES 1. That the GVRD Board approve the Regional Parks Role in Promoting Agriculture Policy as presented in the reported dated June 29, 2015, titled Regional Parks Role in Promoting Agriculture. 2. That the Regional Parks Committee provide alternate direction to staff. FINANCIAL IMPLICATIONS The policy does not impose any financial obligations on the GVRD Board. SUMMARY / CONCLUSION Once contained within regional parks, agricultural lands must serve purposes that enhance public use and enjoyment of the lands. Such uses may include agricultural demonstrations, themed events, tours, education, and interpretation. These purposes do not typically include a continuation of farming. Incorporating public access into farms in parks is an option, but Metro Vancouver cannot grant commercial agricultural operations exclusive use of regional park land. In general, agriculture to the extent that it exists, is considered a temporary land use activity in regional parks while lands are held for future development as parkland. Staff recommend Alternative 1. Attachment: (DOC ) Board Policy Regional Parks Role in Promoting Agriculture Greater Vancouver Regional District - Parks - 9

10 Attachment BOARD POLICY REGIONAL PARKS ROLE IN PROMOTING AGRICULTURE Effective Date: Approved By: GVRD Board PURPOSE To establish by policy the role of the Regional Parks Service in promoting agriculture. DEFINITIONS Agricultural Lands Lands within the Agricultural Land Reserve (ALR). Regional Park Lands All properties held by the GVRD as Regional Preserves, Regional Nature Parks, Regional Multi Use Parks and Regional Trails. CONTEXT As an outcome of the Regional Park Service Review (2014), the GVRD Board called for a clear policy on the role of the Regional Parks Service in promoting agriculture. This document addresses the Board s direction. APPLICATION This policy applies to all GVRD regional park lands. POLICY In regional parks GVRD may support agricultural initiatives, demonstration projects, themed events and other similar agricultural uses that enhance public use, advance ecological objectives, educate the public and/or provide interpretive value. Such uses must not undermine the primary purpose of the host regional park, and must be consistent with the relevant regional park management plan in place. GVRD will phase out agricultural operations that do not meet the terms noted above. GVRD will also phase out agricultural uses when lands are required for development as regional park land. GVRD will not grant a commercial agricultural operation the exclusive use of regional park land. GVRD may use agriculture as a land management tool to achieve ecological, stewardship, operational and other park objectives to the extent that such objectives are compatible with and support the public s use and enjoyment of the host regional park. Where a regional park is located in an agricultural neighbourhood, GVRD will work with local farmers to minimize the regional park s impact on local agriculture. Steps taken by the GVRD may include the application of careful site planning, the introduction of appropriate park management, the use of buffer zones and signage, and the establishment of codes of conduct for visitors. Agricultural operations that are situated on regional park land must be bound by a non exclusive license agreement. The terms of the agreement may include the development of an environmental farm plan, or a requirement for sustainable or organic practices. Orbit Document # Greater Vancouver Regional District - Parks - 10 Regional Parks Role in Promoting Agriculture Page 1 of 1

11 Section E 1.2 To: From: Regional Parks Committee Gudrun Jensen, Division Manager, Visitor and Operations Services, Regional Parks Date: June 5, 2015 Meeting Date: July 9, 2015 Subject: Burnaby Lake Regional Park Burnaby Lake Park Association Contribution Agreement RECOMMENDATION That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Burnaby Lake Park Association for a one year term in the amount of $10,000, commencing November 1, 2015 and ending October 31, PURPOSE To seek GVRD Board approval to enter into a one year contribution agreement with the Burnaby Lake Park Association. BACKGROUND At its November 15, 2013 meeting, the GVRD Board adopted a resolution that requires staff to report back on the development of service agreements where appropriate with respect to providing annual funding to external organizations. The Metro Vancouver Regional Parks 2015 budget contains $63,500 for capacity building and support for park associations active in regional parks as part of a broader Park Partnership Program. Funding is used to support opportunities for citizens to participate in efforts and activities that, taken together, help in caring for regional parks. The type and scope of programs and services vary among park associations based on of the associations goals and the nature of each association s relationship with Metro Vancouver Regional Parks. Section 176(1) of the Local Government Act provides that the GVRD may provide assistance for the purpose of benefitting the community or any aspect of the community. Contribution Agreement The Park Association Contribution Funding Agreement template provides general terms of reference for a park association s activities and a framework for assessment of the funding use (see Attachment). Term The term of the proposed agreement commences on November 1, 2015 and ends on October 31, There is provision in the agreement for early termination in the event of bankruptcy, if the funds are being used in a manner contrary to the agreement or not in the public interest, or the park association is unable to meet its agreed obligations. Funding The Contribution Agreement proposes $10,000 for the Burnaby Lake Park Association. The funds are included in the 2015 Regional Parks budget. Greater Vancouver Regional District - Parks - 11

12 Burnaby Lake Regional Park Burnaby Lake Park Association Contribution Agreement Regional Parks Committee Meeting: July 9, 2015 Page 2 of 2 Services to GVRD In 2014, Burnaby Lake Park Association volunteers contributed 1,687 volunteer hours, delivering 82 activities including stewardship projects, events and park interpretation and education programs to 886 attendees. Funds were used to hire park association staff, support volunteers in regional parks, and enhance community engagement. Funds were also used to leverage additional donations and support from other sources. Annual Reporting The Burnaby Lake Park Association will submit an annual report to GVRD. ALTERNATIVES 1. That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Burnaby Lake Park Association for a one year term in the amount of $10,000, commencing November 1, 2015 and ending October 31, That the Regional Parks Committee receive for information and provide alternate direction to staff. FINANCIAL IMPLICATIONS Funding for Contribution Agreements has been approved by the GVRD Board in the 2015 budget as part of the broader Park Partnership Program. SUMMARY / CONCLUSION Alternative 1 meets Metro Vancouver s requirements for the administration of contribution funds to Burnaby Lake Park Association. Proposed funding supports the Burnaby Lake Park Association capacity to provide community benefit to regional parks through their many volunteer programs and services Staff recommend Alternative 1. Attachment: Contribution Agreement Burnaby Lake Park Association (DOC ) Greater Vancouver Regional District - Parks - 12

13 Attachment CONTRIBUTION AGREEMENT THIS AGREEMENT made the day of, 2015 BETWEEN: AND: WHEREAS: GREATER VANCOUVER REGIONAL DISTRICT 4330 Kingsway Burnaby, BC V5H 4G8 ("GVRD") BURNABY LAKE PARK ASSOCIATION c/o 9146 Avalon Avenue Burnaby, BC V3N 4G8 (the "Recipient") A. The Recipient is a non profit association. One of the objects of the Recipient is to preserve, protect and enhance the natural environment of Burnaby Lake Regional Park, while advocating respect, appreciation and enjoyment of the Park s natural attributes and recreational resources; B. The Recipient has requested to receive, and the GVRD has agreed to provide funds to the Recipient for a purpose beneficial to the community or an aspect of the community; and C. Section 176(1) (c) of the Local Government Act provides that the GVRD may provide assistance for the purpose of benefitting the community or any aspect of the community. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, terms and conditions to be hereinafter contained (the receipt and sufficiency of which are hereby acknowledged), the parties hereto covenant and agree each with the other as follows: 1.0 INTERPRETATION In this Agreement the following terms have the following meanings: Greater Vancouver Regional District - Parks - 13

14 Page 2 Agreement means this agreement and the appended schedules. Plan means the plan set out in Schedule A of the Agreement which sets out the specific purpose or activities for which the Recipient may use the funds provided to the Recipient under this Agreement. Services means any activities or services set out in the Plan. 2.0 TERM The term of this Agreement will commence on November 1, 2015, and end on October 31, 2016, (the Term ) unless otherwise terminated as provided herein. 3.0 SERVICES 3.1 The Recipient shall only use the funds provided in accordance with Article 4.0 (the Funds ) to provide Services in accordance with the terms and conditions of this Agreement. 3.2 The Recipient shall, at the GVRD s written request, provide all information required to enable the GVRD to evaluate, using the criteria set out in Schedule B, the Recipient s provision of the Services. 3.3 The Recipient will provide the Services under the terms of the Agreement subject to any applicable bylaws of the GVRD and applicable legislation and regulations and in a manner consistent with any applicable guidelines provided by the GVRD. 3.4 GVRD must approve any changes to the Plan or Services in writing prior to the changes being made during the Term. 3.5 If the Recipient makes changes without the prior approval of the GVRD pursuant to section 3.4, the GVRD may, at its sole discretion, withdraw the Funds and immediately terminate the Agreement. 4.0 FUNDING AND PAYMENT 4.1 GVRD has agreed to provide the Funds to support the Recipient s provision of the Services, in accordance with section The payment of Funds is subject to the GVRD being satisfied that the Recipient will perform the Services in accordance with the Plan and all requirements under the Agreement. 4.3 GVRD shall pay by cheque the sum of $10,000 for the provision of the Services, by November 1, Greater Vancouver Regional District - Parks - 14

15 Page REPORTING 6.0 TAXES The Recipient shall report to the GVRD in accordance with the requirements of the reporting section of Schedule B. It is the Recipient s responsibility to determine whether or not it has to be registered for GST and/or PST purposes. The amount of funding provided in this Agreement includes any GST and/or PST which may be payable by the GVRD. Any liability for GST and/or PST required in respect of this Agreement will be the responsibility of the Recipient. 7.0 SEPARATE FUNDS AND FINANCIAL STATEMENTS The books of account of the Recipient shall be kept in accordance with Generally Accepted Accounting Practices. 8.0 RIGHT OF AUDIT At any time, the GVRD may give to the Recipient written notice that it desires its representative to examine the books of account of the Recipient, and the Recipient shall produce for examination to such representative within ten days after receipt of such notice, its books of account, and the said representative shall have a right of access to all records, documents, books, accounts and vouchers of the Recipient and shall be entitled to require from the Directors and Officers of the Recipient such information and explanations as, in his/her opinion, may be necessary to enable the staff to report to the GVRD Board on the financial position of the Recipient. 9.0 INDEMNITY AND RELEASE 9.1 The Recipient shall indemnify and save harmless the GVRD from and against all actions, causes of action, claims, liabilities, damages, losses, costs, legal fees, fees, fines, charges or expenses which the GVRD may incur, be threatened by or be required to pay by reason of or arising out of the provision of the Services by the Recipient, the Recipient s use of any facility where Services are provided, the breach by the Recipient of any term of this Agreement, or by the Recipient s contravention of any law, enactment or regulation of a federal, provincial or local government. 9.2 The Recipient releases the GVRD, its elected officials, appointed officers, employees and agents from and waives any claim, right, remedy, action, cause of action, loss, damage, expense, fee or liability which the Recipient may have against any or all of them in respect of an act of the GVRD in relation to this Agreement except insofar as such claim, right, remedy, action, cause of action, loss, damage, expense, fee or liability arises from the negligence of the GVRD, its elected officials and appointed officers, employees, agents or contractors. 9.3 This section shall survive the expiry or sooner termination of this Agreement. Greater Vancouver Regional District - Parks - 15

16 Page TERMINATION 10.1 GVRD may terminate this Agreement immediately without notice to the Recipient should: (a) (b) the Recipient make an assignment in bankruptcy or is declared bankrupt; or GVRD, in its sole discretion, determine that any of the Funds are being used in a manner contrary to the Plan or the public interest GVRD may terminate this Agreement upon giving ninety (90) days written notice to the Recipient If the GVRD terminates the Agreement for any reason, the Recipient shall immediately return any Funds that have not been spent on providing the Services. The Recipient will provide a full accounting of all Funds not returned The Recipient may terminate this Agreement upon giving thirty (30) days written notice to the GVRD should the Recipient, for any reason, be unable to meet its obligations with respect to the provision of the Services as set forth in this Agreement Upon termination by the Recipient, the Recipient shall immediately return any Funds that have not been spent on providing the Services. The Recipient will provide a full accounting of all Funds not returned NOTICE 11.1 It is hereby mutually agreed that any notice required to be given under this Agreement will be deemed to be sufficiently given: (a) (b) if delivered at the time of delivery; and if mailed from any government post in the Province of British Columbia by prepaid registered mail addressed as follows: To GVRD: Mitch Sokalski, Director, Regional Parks GVRD 4330 Kingsway Burnaby, BC V5H 4G8 To the Recipient: Bryan Green, Chair Burnaby Lake Park Association c/o 9146 Avalon Avenue Burnaby, BC V3N 4G8 Greater Vancouver Regional District - Parks - 16

17 Page Unless otherwise specified herein, any notice required to be given under this Agreement by any party will be deemed to have been given if mailed by prepaid registered mail, sent by facsimile transmission, or delivered to the address of the other party set forth above or at such other address as the other party may from time to time direct in writing, and any such notice will be deemed to have been received if mailed or faxed, seventy two (72) hours after the time of mailing or faxing and if delivered, upon the date of delivery. If normal mail service or facsimile service is interrupted by strike, slow down, force majeure or other cause, then a notice sent by the impaired means of communication will not be deemed to be received until actually received, and the party sending the notice must utilize any other such services which have not been so interrupted or must deliver such notice in order to ensure prompt receipt thereof AUTHORIZATION 13.0 TIME The execution and delivery of this Agreement and the completion of the transactions contemplated by this Agreement, if any, have been duly and validly authorized by all necessary corporate action of the Recipient, and this Agreement constitutes a legal, valid and binding obligation of the Recipient enforceable against the Recipient in accordance with its terms and the persons signing this Agreement on the Recipient s behalf are duly authorized to do so. Time is of the essence in this Agreement BINDING In consideration of being granted the Funds, the Recipient agrees to be bound by the terms and conditions of this Agreement, and if the Recipient represents a group or organization, the Recipient agrees to inform all responsible persons associated with the group or organization of the terms and conditions of this Agreement ASSIGNMENT The Recipient may not assign this Agreement in whole or in part without the prior written consent of the GVRD ENUREMENT This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and permitted assignees RELATIONSHIP OF PARTIES No provision of this Agreement shall be construed to create a partnership or joint venture relationship, an employer employee relationship, a landlord tenant, or a principal agent relationship. Greater Vancouver Regional District - Parks - 17

18 Page WAIVER The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar AMENDMENTS This Agreement may not be modified or amended except by the written agreement of the parties WHOLE AGREEMENT The whole agreement between the parties is set forth in this document and no representations, warranties or conditions, express or implied, have been made other than those expressed LANGUAGE Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires CUMULATIVE REMEDIES No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity GOVERNING LAW AND JURISDICTION This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia and the parties attorn to the exclusive jurisdiction of the courts of British Columbia COUNTERPARTS This Agreement may be executed in counterparts with the same effect as if both parties had signed the same document. Each counterpart shall be deemed to be an original. All counterparts shall be construed together and shall constitute one and the same Agreement. Greater Vancouver Regional District - Parks - 18

19 Page 7 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. For the GREATER VANCOUVER REGIONAL DISTRICT Carol Mason, Chief Administrative Officer For BURNABY LAKE PARK ASSOCIATION Bryan Green, Chair Greater Vancouver Regional District - Parks - 19

20 Page 8 SCHEDULE A Burnaby Lake Park Association (Recipient) 2016 Plan The primary purpose of these funds is to provide a level of coordination for the park association recipient, to provide capacity to serve the people and communities it reaches through its initiatives. The range of key deliverables includes: Enable the volunteer Board of Directors to achieve broader GVRD outcomes; Coordinate volunteer work parties; Manage volunteers; Provide administrative support to the Board, including record keeping as appropriate; Coordinate society communications with Board, committees, society members, volunteers, GVRD staff, public and Parks Association partner groups; Coordinate and/or conduct outreach including social media, displays and booths to increase community awareness; Coordinate and support events; Coordinate and support fundraising; and Coordinate programs that include GVRD messaging. Greater Vancouver Regional District - Parks - 20

21 Page 9 SCHEDULE B Evaluation Oversight: GVRD staff regularly interact with Burnaby Lake Park Association Board, paid Coordinators and staff/volunteers. Reporting: Burnaby Lake Park Association is required to provide: Records of volunteer hours, events, activities, participants and associated statistics annually to GVRD at the beginning of September (year to date) and the beginning of January (for previous year). These statistics are included in GVRD s annual business plan report. A report outlining accomplishments for the year, such as funds raised, Board development, new initiatives, number of members, new partnerships, awards and recognition, anecdotal success stories, etc Greater Vancouver Regional District - Parks - 21

22 Section E 1.3 To: From: Regional Parks Committee Gudrun Jensen, Division Manager, Visitor and Operations Services, Regional Parks Date: June 5, 2015 Meeting Date: July 9, 2015 Subject: Derby Reach and Brae Island Regional Parks Derby Reach Brae Island Parks Association Contribution Agreement RECOMMENDATION That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Derby Reach Brae Island Parks Association for a one year term in the amount of $8,800, commencing November 1, 2015 and ending October 31, PURPOSE To seek GVRD Board approval to enter into a one year contribution agreement with the Derby Reach Brae Island Parks Association. BACKGROUND At its November 15, 2013 meeting, the GVRD Board adopted a resolution that requires staff to report back on the development of service agreements where appropriate with respect to providing annual funding to external organizations. The Metro Vancouver Regional Parks 2015 budget contains $63,500 for capacity building and support for park associations active in regional parks as part of a broader Park Partnership Program. Funding is used to support opportunities for citizens to participate in efforts and activities that, taken together, help in caring for regional parks. The type and scope of programs and services vary among park associations based on of the associations goals and the nature of each association s relationship with Metro Vancouver Regional Parks. Section 176(1) of the Local Government Act provides that the GVRD may provide assistance for the purpose of benefitting the community or any aspect of the community. Contribution Agreement The Park Association Contribution Funding Agreement template provides general terms of reference for a park association s activities and a framework for assessment of the funding use (see Attachment). Term The term of the proposed agreement commences on November 1, 2015 and ends on October 31, There is provision in the agreement for early termination in the event of bankruptcy, if the funds are being used in a manner contrary to the agreement or not in the public interest, or the park association is unable to meet its agreed obligations. Funding The Contribution Agreement proposes $8,800 for the Derby Reach Brae Island Parks Association. The funds are included in the 2015 Regional Parks budget. Greater Vancouver Regional District - Parks - 22

23 Derby Reach and Brae Island Regional Parks Derby Reach Brae Island Parks Association Contribution Agreement Regional Parks Committee Meeting: July 9, 2015 Page 2 of 2 Services to GVRD In 2014, Derby Reach Brae Island Parks Association volunteers contributed 1,196 volunteer hours, delivering 42 activities including stewardship projects, events and park interpretation and education programs to 846 attendees. Funds were used to hire park association staff, support volunteers in regional parks and enhance community engagement. Funds were also used to leverage additional donations and support from other sources. Annual Reporting The Derby Reach Brae Island Parks Association will submit an annual report to the GVRD. ALTERNATIVES 1. That the GVRD Board approve the Contribution Agreement between the Greater Vancouver Regional District and the Derby Reach Brae Island Parks Association for a one year term in the amount of $8,800, commencing November 1, 2015 and ending October 31, That the Regional Parks Committee receive for information and provide alternate direction to staff. FINANCIAL IMPLICATIONS Funding for Contribution Agreements has been approved by the GVRD Board in the 2015 budget as part of the broader Parks Partnership Program. SUMMARY / CONCLUSION Alternative 1 meets Metro Vancouver s requirements for the administration of contribution funds to Derby Reach Brae Island Parks Association. Proposed funding supports Derby Reach Brae Island Parks Association capacity to provide community benefit to regional parks through their many volunteer programs and services. Staff recommend Alternative 1. Attachment: Contribution Agreement Derby Reach Brae Island Parks Association (DOC ) Greater Vancouver Regional District - Parks - 23

24 Attachment CONTRIBUTION AGREEMENT THIS AGREEMENT made the day of, 2015 BETWEEN: AND: WHEREAS: GREATER VANCOUVER REGIONAL DISTRICT 4330 Kingsway Burnaby, BC V5H 4G8 ("GVRD") DERBY REACH BRAE ISLAND PARKS ASSOCIATION c/o th Street Langley, BC V2Z 1W5 (the "Recipient") A. The Recipient is a non profit association. One of the objects of the Recipient is to promote appreciation, understanding and enjoyment of Derby Reach and Brae Island Regional Parks while preserving their natural and historical features; B. The Recipient has requested to receive, and the GVRD has agreed to provide funds to the Recipient for a purpose beneficial to the community or an aspect of the community; and C. Section 176(1) (c) of the Local Government Act provides that the GVRD may provide assistance for the purpose of benefitting the community or any aspect of the community. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, terms and conditions to be hereinafter contained (the receipt and sufficiency of which are hereby acknowledged), the parties hereto covenant and agree each with the other as follows: 1.0 INTERPRETATION In this Agreement the following terms have the following meanings: Agreement means this agreement and the appended schedules. Greater Vancouver Regional District - Parks - 24

25 Page 2 Plan means the plan set out in Schedule A of the Agreement which sets out the specific purpose or activities for which the Recipient may use the funds provided to the Recipient under this Agreement. Services means any activities or services set out in the Plan. 2.0 TERM The term of this Agreement will commence on November 1, 2015, and end on October 31, 2016, (the Term ) unless otherwise terminated as provided herein. 3.0 SERVICES 3.1 The Recipient shall only use the funds provided in accordance with Article 4.0 (the Funds ) to provide Services in accordance with the terms and conditions of this Agreement. 3.2 The Recipient shall, at the GVRD s written request, provide all information required to enable the GVRD to evaluate, using the criteria set out in Schedule B, the Recipient s provision of the Services. 3.3 The Recipient will provide the Services under the terms of the Agreement subject to any applicable bylaws of the GVRD and applicable legislation and regulations and in a manner consistent with any applicable guidelines provided by the GVRD. 3.4 GVRD must approve any changes to the Plan or Services in writing prior to the changes being made during the Term. 3.5 If the Recipient makes changes without the prior approval of the GVRD pursuant to section 3.4, the GVRD may, at its sole discretion, withdraw the Funds and immediately terminate the Agreement. 4.0 FUNDING AND PAYMENT 4.1 GVRD has agreed to provide the Funds to support the Recipient s provision of the Services, in accordance with section The payment of Funds is subject to the GVRD being satisfied that the Recipient will perform the Services in accordance with the Plan and all requirements under the Agreement. 4.3 GVRD shall pay by cheque the sum of $8,800 for the provision of the Services, by November 1, REPORTING The Recipient shall report to the GVRD in accordance with the requirements of the reporting section of Schedule B. Greater Vancouver Regional District - Parks - 25

26 Page TAXES It is the Recipient s responsibility to determine whether or not it has to be registered for GST and/or PST purposes. The amount of funding provided in this Agreement includes any GST and/or PST which may be payable by the GVRD. Any liability for GST and/or PST required in respect of this Agreement will be the responsibility of the Recipient. 7.0 SEPARATE FUNDS AND FINANCIAL STATEMENTS The books of account of the Recipient shall be kept in accordance with Generally Accepted Accounting Practices. 8.0 RIGHT OF AUDIT At any time, the GVRD may give to the Recipient written notice that it desires its representative to examine the books of account of the Recipient, and the Recipient shall produce for examination to such representative within ten days after receipt of such notice, its books of account, and the said representative shall have a right of access to all records, documents, books, accounts and vouchers of the Recipient and shall be entitled to require from the Directors and Officers of the Recipient such information and explanations as, in his/her opinion, may be necessary to enable the staff to report to the GVRD Board on the financial position of the Recipient. 9.0 INDEMNITY AND RELEASE 9.1 The Recipient shall indemnify and save harmless the GVRD from and against all actions, causes of action, claims, liabilities, damages, losses, costs, legal fees, fees, fines, charges or expenses which the GVRD may incur, be threatened by or be required to pay by reason of or arising out of the provision of the Services by the Recipient, the Recipient s use of any facility where Services are provided, the breach by the Recipient of any term of this Agreement, or by the Recipient s contravention of any law, enactment or regulation of a federal, provincial or local government. 9.2 The Recipient releases the GVRD, its elected officials, appointed officers, employees and agents from and waives any claim, right, remedy, action, cause of action, loss, damage, expense, fee or liability which the Recipient may have against any or all of them in respect of an act of the GVRD in relation to this Agreement except insofar as such claim, right, remedy, action, cause of action, loss, damage, expense, fee or liability arises from the negligence of the GVRD, its elected officials and appointed officers, employees, agents or contractors. 9.3 This section shall survive the expiry or sooner termination of this Agreement TERMINATION 10.1 GVRD may terminate this Agreement immediately without notice to the Recipient should: Greater Vancouver Regional District - Parks - 26

27 Page 4 (a) (b) the Recipient make an assignment in bankruptcy or is declared bankrupt; or GVRD, in its sole discretion, determine that any of the Funds are being used in a manner contrary to the Plan or the public interest GVRD may terminate this Agreement upon giving ninety (90) days written notice to the Recipient If the GVRD terminates the Agreement for any reason, the Recipient shall immediately return any Funds that have not been spent on providing the Services. The Recipient will provide a full accounting of all Funds not returned The Recipient may terminate this Agreement upon giving thirty (30) days written notice to the GVRD should the Recipient, for any reason, be unable to meet its obligations with respect to the provision of the Services as set forth in this Agreement Upon termination by the Recipient, the Recipient shall immediately return any Funds that have not been spent on providing the Services. The Recipient will provide a full accounting of all Funds not returned NOTICE 11.1 It is hereby mutually agreed that any notice required to be given under this Agreement will be deemed to be sufficiently given: (a) (b) if delivered at the time of delivery; and if mailed from any government post in the Province of British Columbia by prepaid registered mail addressed as follows: To GVRD: Mitch Sokalski, Director, Regional Parks GVRD 4330 Kingsway Burnaby, BC V5H 4G8 To the Recipient: William Wilde, Chair c/o th Street Langley, BC V2Z 1W Unless otherwise specified herein, any notice required to be given under this Agreement by any party will be deemed to have been given if mailed by prepaid registered mail, sent by facsimile transmission, or delivered to the address of the other party set forth above or at such other address as the other party may from time to time direct in writing, and any such notice will be deemed to have been received if mailed or faxed, seventy two (72) hours after the time of mailing or faxing and if delivered, upon the date of delivery. If normal mail service Greater Vancouver Regional District - Parks - 27

28 Page 5 or facsimile service is interrupted by strike, slow down, force majeure or other cause, then a notice sent by the impaired means of communication will not be deemed to be received until actually received, and the party sending the notice must utilize any other such services which have not been so interrupted or must deliver such notice in order to ensure prompt receipt thereof AUTHORIZATION 13.0 TIME The execution and delivery of this Agreement and the completion of the transactions contemplated by this Agreement, if any, have been duly and validly authorized by all necessary corporate action of the Recipient, and this Agreement constitutes a legal, valid and binding obligation of the Recipient enforceable against the Recipient in accordance with its terms and the persons signing this Agreement on the Recipient s behalf are duly authorized to do so. Time is of the essence in this Agreement BINDING In consideration of being granted the Funds, the Recipient agrees to be bound by the terms and conditions of this Agreement, and if the Recipient represents a group or organization, the Recipient agrees to inform all responsible persons associated with the group or organization of the terms and conditions of this Agreement ASSIGNMENT The Recipient may not assign this Agreement in whole or in part without the prior written consent of the GVRD ENUREMENT This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and permitted assignees RELATIONSHIP OF PARTIES No provision of this Agreement shall be construed to create a partnership or joint venture relationship, an employer employee relationship, a landlord tenant, or a principal agent relationship WAIVER The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar. Greater Vancouver Regional District - Parks - 28

29 Page AMENDMENTS This Agreement may not be modified or amended except by the written agreement of the parties WHOLE AGREEMENT The whole agreement between the parties is set forth in this document and no representations, warranties or conditions, express or implied, have been made other than those expressed LANGUAGE Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires CUMULATIVE REMEDIES No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity GOVERNING LAW AND JURISDICTION This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia and the parties attorn to the exclusive jurisdiction of the courts of British Columbia COUNTERPARTS This Agreement may be executed in counterparts with the same effect as if both parties had signed the same document. Each counterpart shall be deemed to be an original. All counterparts shall be construed together and shall constitute one and the same Agreement. Greater Vancouver Regional District - Parks - 29

30 Page 7 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. For the GREATER VANCOUVER REGIONAL DISTRICT Carol Mason, Chief Administrative Officer For DERBY REACH BRAE ISLAND PARKS ASSOCIATION William Wilde, Chair Greater Vancouver Regional District - Parks - 30