HomeMy WebLinkAbout2009-01-19 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COMMITTEE OF THE WHOLE
AGENDA
January 19, 2009
1:00 p.m.
Council Chamber
Committee of the Whole is the initial venue for review of issues. No voting
takes place on bylaws or resolutions. A decision is made to send an item to
Council for debate and vote or to send an item back to staff for more
information or clarification before proceeding to Council.
Note: If required, there will be a 15 -minute break at 3:00 p.m.
Chair: Acting Mayor
1. DELEGAT/ONS/STAFFPRESENTAT/ONS- (10 minutes each)
1:00 p.m.
1.1 Spirit Square Presentation
2. PUBL/C WORKS AND DEVELOPMENT SERV/CES
Note: Owners and/or Agents of Development Applications may be permitted
to speak to their applications with a time limit of 10 minutes.
Note: The following items have been numbered to correspond with the Council
Agenda:
1101 SP/104/08, Soil Deposit Permit, 13261 and 13347 224 Street
Staff report dated January 14, 2009 recommending that the application for a
permit for the properties at 13261 224 Street and 13347 224 Street be
forwarded to the Agricultural Land Commission and that the Agricultural Land
Commission consult with the Alouette Valley Farm and Homeowners
Association.
Committee of the Whole Agenda
January 19, 2009
Page 2 of 3
3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police)
1131 Adjustments to the 2008 Collector's Roll
Staff report dated December 31, 2008 submitting information on changes to
the 2008 Collector's Roll through the issuance of Supplementary Roll
10/2008.
1132 Disbursements for the month ended December 31, 2008
Staff report dated January 9, 2009 recommending that disbursements for
December 2008 be approved.
4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES
1151 Fee for Service Agreement - Tourism Maple Ridge Pitt Meadows
Staff report dated January 11, 2009 recommending that the Corporate Officer
be authorized to execute the attached 2009 Tourism Maple Ridge and Pitt
Meadows Fee for Service Agreement.
5. CORRESPONDENCE
1171
6. OTHER ISSUES
1181
7. ADJOURNMENT
Committee of the Whole Agenda
January 19, 2009
Page 3 of 3
8. COMMUNITY FORUM
COMMUNITY FORUM
The Community Forum provides the public with an opportunity to speak with
Council on items that are of concern to them, with the exception of Public Hearing
by-laws that have not yet reached conclusion.
Each person will be permitted 2 minutes to speak or ask questions (a second
opportunity is permitted if no one else is sitting in the chairs in front of the
podium). The total time for this Forum is limited to 15 minutes.
If a question cannot be answered, the speaker will be advised when and how a
response will be given.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
If a member of the public has a concern related to a Municipal staff member, it
should be brought to the attention of the Mayor and/or Chief Administrative
Officer in a private meeting.
Other opportunities to address Council may be available through the office of the
Manager of Legislative Services who can be contacted at 463-5221 or by e-mail
at cmarlo@mapleridge.ca.
Checked by:
Date:
MAPLE RIDGE
British Cotumhia
Deep Roots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin
and Members of Council
FROM: Chief Administrative Officer
SUBJECT: Soil Deposit Permit
13261 224 Street, 13347 224 Street
DATE:
FILE NO:
ATTN:
January 14, 2009
SP/104/08
C of W
EXECUTIVE SUMMARY:
A Soil Deposit application has been made to the District which falls under Section 20 (3) of the
Agricultural Land Commission Act for non farm use. This site is 6.801 hectares and is within the
Agricultural Land Reserve and the North Alouette Floodplain. This application arises from the
farmers need to protect his farm land but also to ensure that the neighbouring properties are not at
risk. This application conforms with the requirements of the Agricultural Land Commission (ALC)
which requires Council's comments and recommendations concerning the proposed fill activity in the
floodplain before forwarding to them for review. If the Agricultural Land Commission approves the
application, the owner will be required to fulfill all conditions under the District's regulations.
RECOMMENDATION:
That the application for a fill permit under the Section 20 (3) of the Agricultural Land Commission Act
submitted by Mr. Halford on behalf of Mr. Cho for the properties at 13261 224th Street and 13347
224th Street be forwarded to the Agricultural Land Commission with the recommendation that the
placement of fill is carried out in compliance with the relevant provisions of the Maple Ridge Soil
Deposit Bylaw No. 5763 - 1999 and that the Agricultural Land Commission consult with the Alouette
Valley Farm and Homeowners Association.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Proposed:
Zoning:
Existing:
Proposed:
Halford Trucking Ltd
Nancy & John Halford
Hang K. Cho, Jeon E. Cho
Lot: B, Section: 30, Township: 12, Plan: 6569, Lot:
3, Section: 30, Township: 12, Plan: 2970.
Agricultural
No change
RS -3 (One Family Rural Residential)
No change
1101
Surrounding Uses
North: Use:
Zone:
South:
East:
West:
Designation
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Use:
Zone:
Designation:
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
b) Project Description:
Residential
61% RS -3 (One Family Rural Residential)
39% A-2 (Upland Agricultural)
100% Agricultural
3 Properties RS -3 (One Family Rural Residential)
& A-2 (Upland Farm)
1 Property 63% RS -3 (One Family Rural
Residential) & 37% A-2 (Upland Agricultural)
2 Properties 100%RS-3 (One Family Rural
Residential)
100% AGR (Agricultural)
6 Properties RS -3 (One Family Rural Residential)
100% RS -3 (One Family Rural Residential)
100% AGR (Agricultural)
4 Properties RS -3 (One Family Rural Residential)
& A-2 (Upland Farm)
2 Properties 100% RS -3 (One Family Rural
Residential)
1 Property 63% RS -3 (One Family Rural
Residential) & 37% A-2 (Upland Agricultural)
1 Property 100% A-2 (Upland Agricultural)
100% AGR (Agricultural)
Farm
No Change
6.801 Hectares
224th Street
The property in question is located within the North Alouette floodplain and is within the Agricultural
Land Reserve. It has the Alouette River running along its southern and western edges. It is also
subject to flooding along the east side of the property along 224th Street that fronts the property (this
becomes a channel when the North Alouette level rises). The area is prone to flooding from the
Alouette River and the Cattel Brook and has experienced several 1:100 and a 1:200 storm events in
the past several years.
The applicant has requested permission to bring fill onto the property to raise the levels of the fields
to ensure that the crops would be out of the water and to build a protective berm from the junction at
132hd Ave and 224th Street to the North end of the property line. They would also like permission for
fill to build access roads for berm construction and farm uses.
There are historical site specific issues of previous non-compliance with regard to this particular
property including:
• fill being brought onto site without a permit;
• construction of a berm along the edge of the N. Alouette River and at the property edge
fronting the road without a permit;
• encroachment of the berm into federal designated fish habitat area and municipal
designated watercourse setback areas;
• the existing berm has not been checked or approved by a qualified professional to
ensure it is structurally safe or if it will withstand a major flood event.
-2-
c) Planning Analysis/Environmental Implications:
There are specific concerns regarding the potential impacts of mitigation measures required to deal
with both storm water and flooding concerns. Appropriate design and mitigation measures would
need to be prepared, reviewed, and approved by a qualified professional(s) to ensure the proposed
re -grading will not result in negative impacts to the neighbouring and upstream properties or safety
concerns for neighbours.
There are ongoing risk management issues concerning farm lands located in the floodplains that
requires the careful coordination and communication between the Department of Fisheries and
Oceans (DFO), Ministry of Environment (MOE) and the District, for example:
• the construction of berms around the perimeter of the properties due to water displacement
affecting neighbouring properties;
• encroachment of berms and dykes into active floodways of major watercourses and into DFO
and municipal watercourse setback areas; and,
• large scale in -filling of farm lands to raise the elevations in floodplain areas due to water
displacement affecting neighbouring properties.
After the Agricultural Land Commission has reviewed the application and, if they approve it, the
applicant will be required to apply for a soil deposit permit under the District's regulations. There will
be conditions attached to that permit that the applicant will need to fulfill including that the
proponent provide the District with a review and written assurances from a qualified professional
that addresses the following items:
• any infill, berms, or re -grading on site will not have a negative impact on neighbouring sites
with respect to displacement or routing of water during flooding;
• mitigation controls must comply with federal fisheries and oceans regulations and municipal
regulations. Any variance from this will require authorization from the senior agencies.
During the past year, a local group representing both residents and farmers in this area was formed
(the Alouette Valley Farm & Homeowners Association). This group was involved with the Alouette
River Task Force which is now disbanded and it would be appropriate for the Agricultural Land
Commission to consult with representatives of this group in the consideration of this application.
d) Intergovernmental Issues:
Any fill being brought onto the site must be in compliance with the Department of Fisheries and
Oceans (DFO), Ministry of Environment (MOE) and the Agricultural Land Commission (ALC). The ALC
requires Council comments and is generally supportive of municipal regulations concerning hazard
management.
e) Citizen/Customer Implications:
Berming or raising grades of properties within a floodplain can have implications of displacement of
water and the subsequent impacts to neighbouring properties. For those living and working in
floodplain areas, these issues are of concern.
There are ongoing risk management issues concerning farm lands located in the floodplains that
requires careful coordination and communication between Department of Fisheries and Oceans
(DFO), Ministry of Environment (MOE) and the District. Significant issues of concern include the
construction of non permitted berms that are not structurally sound around the perimeter of the
-3-
properties, encroachment of berms and dykes into active floodplains of major watercourses and
watercourse setback areas, and large scale in -filling of farm lands to raise the elevations in
floodplain areas. These types of development activities are often at odds with municipal risk
management objectives and lead to safety and liability concerns for surrounding properties.
f) Alternatives:
That the application for a fill permit under the Section 20 (3) of the Agricultural Land Commission Act
submitted by Mr. Halford on behalf of Mr. Cho for the properties at 13261 224th Street and 13347
224th Street be forwarded to the Agricultural Land Commission with the recommendation that it be
denied for flood hazard reasons.
CONCLUSION:
This application to bring fill onto the property to mitigate the flooding in the area for farming
purposes may have consequences as there are other properties within the floodplain that would like
to utilize similar measures.
IL\ w'
Preparedby.L Michelle ones
Envir..• mental Technician
Pi
Director of PI. nning
Approv
P.Eng
elopment Services
ConcurrenE6: J. L. (Jim Rule
Chief Administrative Officer
MJ/dp
The following appendices are attached hereto:
Appendix A - subject map
-4-
P 6688
13473
S65.6'OF3
P 6688
13465
4
P 6688 1PP146
3
'PP149
P 2970
SUBJECT PROPERTIES
2
2
2
P 2970
132 45E.
8
P 6569
13339/47
13429
,}pp2ndf k fl
13442
8
P 21640
13432
13360
SK 2630
A
13348
13252
Rem 3
P 2892
4
N262'5
Rem 5
P 17838
21
P 2802
P 17838
20 / P2
i
Rem
A
P 8569
7
P 26885
PP 53
5
2
6
5
13
17
'PP153
SCALE 1:3,000
City of Pitt
Meadows,_
% 4 la
Ik r
��tYf
re
- II�
District of
Langley
13261 & 13347 224 STREET
4111.
I.
s �o
\ 1111111-n
MAPLE RIDGE
British COEumbia
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Nov 7, 2008 FILE: SP/014108 BY: PC
MAPLE RIDGE
British Columbia
Deep Roots
Greater Heights
TO:
FROM:
District of Maple Ridge
His Worship Mayor Ernie Daykin .DATE: Dec. 31, 2008
and Members of Council FILE NO: T21-212-003
Chief Administrative Officer ATTN:
SUBJECT: Adjustments to 2008 Collector's Roll
EXECUTIVE SUMMARY:
BC Assessment has revised the assessed value for the 2008 Collector's Roll through the issuance of
Supplementary Roll 10/2008. The Collector is required to make all the necessary changes to the
municipal tax roll records and report these adjustments to Council.
RECOMMENDATIONS):
The report dated Dec. 31, 2008 is submitted for information.
DISCUSSION:
a) Background Context:
Two folios are affected:
BC Assessment has reviewed two residential folios and adjusted the assessments to more
accurately reflect the values of the improvements
(Municipal tax decrease of $1,318.52 in residential class.)
b) Business Plan/Financial Implications:
There is a total decrease of $2,280.69 in tax revenue of which the municipal share is $1,318.52.
CONCLUSIONS:
A review by BC Assessment resulted in a reduction to the residential assessment base of $390,000.
This report dated Dec. 312008 is submitted for information and is available to the public.
1131
Prepared by: Silvia Rutledge
Manager, Revenue & Collections
Approved by: Paul GUI, B.B.A.; C.G.A.
General Manager: Corporate & Financial Services
Corlcurrece: J.L. (Jim) Rule
Chief Administrative Officer
MAPLE RIDGE
British Columbia
Deep Roots
Greater Heights
TO:
District of Maple Ridge
His Worship Mayor Ernie Daykin DATE: January 9, 2009
and Members of Council FILE NO:
FROM: Chief Administrative Officer
SUBJECT: Disbursements for the month ended December 31, 2008
EXECUTIVE SUMMARY:
Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor, together
with the Director of Finance. Council authorizes the vouchers for the following period through Council
resolution. The disbursement summary for the past period is attached for your information.
Expenditure details are available to any Council member for review in the Finance Department.
RECOMMENDATION:
That the `disbursements as listed below for the month ended December 31, 2008 now be approved".
GENERAL $ 9,153,367
PAYROLL $ 1,298,419
PURCHASE CARD $ 105,667
$10,557,453
DISCUSSION:
a) Background Context:
The adoption of the Five Year Consolidated Financial Plan has appropriated funds and
provided authorization for expenditures to deliver municipal services.
The disbursements are for expenditures that are provided in the financial plan.
b) Community Communications:
The citizens of Maple Ridge are informed on a routine monthly basis of financial
disbursements.
1132
c) Business Plan / Financial Implications:
Highlights of larger items included in Financial Plan or Council Resolution
• Double M Excavating - roadworks $ 1,138,332
• First Truck Centre Vanc Inc. - two Freightliner dump trucks $ 364,192
• Fraser Valley Regional Library - 4th quarter member assessment $ 528,124
• G.V. Water District - water comsumption Aug 27 - Sep 30/08 $ 512,765
• Receiver General - RCMP contract Jul - Sep /08 $ 2,795,366
• Young Anderson "In Trust" - Whonnock Lake land acquisition $ 1,116,226
d) Policy implications:
Approval of the disbursements by Council is in keeping with corporate governance practice.
CONCLUSIONS:
The disbursements for the month ended December 31, 2008 have been reviewed and are in order.
Prepared by: G'Ann Rygg
Accounting Clerk II
Approved by: Trevo hompson, CGA
Manager of Financial Planning
Approved by: Paul GiII,BBA, CGA
GM - Corporate & Financial Services
Concurrence: .L. (Jim) Rule
Chief Administrative Officer
gmr
VENDOR NAME
835059 BC Ltd
A & A Testing Ltd
BC Hydro
BC SPCA
Bhuller, Sukhbir
Chet Construction Ltd
Double M Excavating Ltd
Earth Tech Canada Inc
EBA Engineering Consultants
Envision Credit Union
First Truck Centre Vanc Inc
Fraser City Installations Ltd
Fraser Valley Regional Library
Gill, Gurcharn
Gold Creek Developments Ltd
Golder & Associates
Graham Hoffart Mathiasen Archt
Greater Vanc Water District
GTM Enviro Services Ltd
Happy Heart Fitness & Educ
Jacks Automotive & Welding
Manulife Financial
Maple Ridge Chrysler 1972 Ltd
McElhanney Consulting Services
Medical Services Plan
Minister Of Provincial Revenue
MMM Group Limited
Municipal Insurance Assoc
Municipal Pension Plan BC
Pacific Surrey Construction
Professional Mechanical Ltd
R F Binnie & Associates Ltd
Receiver General For Canada
RG Arenas (Maple Ridge) Ltd
Ridgemeadows Recycling Society
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
MONTHLY DISBURSEMENTS - PERIOD 12, 2008
DESCRIPTION OF PAYMENT
Water, storm & sanitary main connections
Pipeline inspections
Hydro charges Dec
Contract Nov
Tax sale refund
Brown Avenue extension
Roadworks 232 Street
Roadworks 240 Street
Roadworks Cottonwood Drive
National benchmarking initiative
Data collection management analysis
Security refund
Two Freightliner dump trucks
Crosswalk overhead signs
Fourth quarter member assessment
Security refund
Winter Club wheelchair access ramp
284 Street slope remediation design
Holyrood slope rehabilitation
Fraser River Escarpment
Whonnock Lake dam design & construction
Fire Hall No. 1 expansion
Water consumption Aug 27/08 - Sep 30/08
Firefighters' Park development
Weight room supervision & childcare activity room
Fire Dept equipment repairs
Employee benefits premiums
Dodge Ram pickup truck
Lower Hammond storm water management
240th Street reconstruction
Employee medical & health premiums Dec
School tax remittance
Railway crossing safety assessments
Insurance deductibles
Pension remittance
Roadside mowing
Maintenance: Firehall
Hammond Community Centre
Leisure Centre
Library
Municipal Hall
Operations
Pitt Meadows Family Rec. Centre
RCMP
Whonnock Lake
Road intersection improvements
Employer/Employee remit PPO8/25 & 08/26
RCMP contract Jul -Sep
RCMP services for film production
Ice rental Nov
Curling rink operating expenses Oct
Monthly contract for recycling Dec
Weekly recycling
Litter pick-up contract
284,763
802,557
51,012
5,347
6,961
1,838
3,106
3,161
15,685
4,108
1,118
5,273
398
2,017
728
2,335
850
281
396,844
2,795,366
226
51,752
1,201
74,781
270.
1,786
AMOUNT
47,104
67,879
39,736
21,692
50,561
95,915
1,138,332
18,144
23,183
23,750
364,192
61,520
528,124
39,190
22,000
17,252
23,987
512,765
32,918
18,234
18,198
100,734
46,866
18,846
23,664
76,924
18,599
22,699
246,824
17,313
17,108
26,377
3,192,436
52,953
76,837
Riteway Tree Service Ltd
S & A Supplies
Terasen Gas
Total Power Inc
Ultra -Tech Cleaning System Ltd
Wade & Associates Land Survey
Warrington PCI Management
Young Anderson, "In Trust"
Young, Anderson - Barristers
Zbeetnoff Agro -Environmental
Disbursements In Excess $15,000
Disbursements Under $15,000
Total Payee Disbursements
Payroll
Purchase Cards - Payment
TOTAL PERIOD 12 2008 DISBURSEMENTS
CMR
Brush chipping
Dead branch removal
Traffic signal video systems
Video camera repairs
Natural gas Dec
Trails Edge sewage pumpstation generator
Generator inspections
Maintenance: Firehalls
Library
Municipal Hall
Operations Centre
Randy Herman Building
RCMP
Abernathy Way land surveying
Biln Farms land surveying
Advance for Tower common costs Dec
Whonnock Lake land acquisition
Professional fees Nov
Maple Ridge agricultural plan
PP08/25 & 08/26
Y:\Finance\AccountIng\AR Remittances (Disbu rso rents)\2048VMonthly Council Report 2008.xds]DEC'08
15,619
378 15,997
19,814
699
22,820
1,206
1,118
4,415
4,217
551
4,037
4,135
9,404
6,800
20,513
33,505
24,026
18,473
16,204
35,000
1,116,226
26,030
22,601
8,431,429
721,938
9,153,367
1,298,419
105,667
10,557,453
MAPLE RIDGE
British Columbia
Deep Roots
Greater Heights
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: January 11, 2009
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: Committee of the Whole
SUBJECT: Fee for Service Agreement - Tourism Maple Ridge Pitt Meadows
EXECUTIVE SUMMARY:
The 2008 agreement with Tourism Maple Ridge and Pitt Meadows concluded at the end of
December 2008. Pitt Meadows is interviewing to fill their recently created position of CEO for their
Economic Development Corporation who will be responsible for delivery of their Tourism strategy.
Accordingly, Maple Ridge Economic Development staff discussed the impact to the Tourism Society
agreement with Pitt Meadows staff. Through Pitt Meadows EDAC and Business Planning they have
agreed to renew the Tourism Fee for Service Agreement for three months at ($8,750), an amount
consistent with the 2008 annual Fee for Service Agreement in the amount of $35,000; and it is
recommended that Maple Ridge renew its agreement accordingly.
RECOMMENDATION:
That the Corporate Officer be authorized to execute the 2009 Tourism Maple Ridge and Pitt
Meadows Fee for Service Agreement attached to the report dated January 11, 2009.
DISCUSSION:
Background Context: The responsibility for Tourism in Pitt Meadows will move to the Pitt Meadows
Economic Development Corporation in the coming months. Pitt Meadows has therefore renewed the
Tourism Maple Ridge and Pitt Meadows Fee for Service Agreement for the three month notice period
outlined in the agreement.
The services provided by the Tourism Society today are primarily related to operation of the Visitor
Information Centre. The product development and marketing segments of the business require
specific expertise and resources to effectively develop and manage Tourism on an ongoing basis.
Desired Outcome(s): The desired outcome is uninterrupted delivery of tourism services through the
Visitor Information Centre so that there is no impact on service as Maple Ridge explores alternative
service delivery models (which could include partnering with Pitt Meadows).
Strategic Alignment: Tourism is one of the four pillars identified by the Maple Ridge Economic
Development Commission in their Economic Strategy and in the Economic Development Business
Plan 2009 - 2013. The abundance of outdoor recreation opportunties and our vast range of
breathtaking outdoor scenery make Maple Ridge an ideal destination for tourists. Developing new
Tourism "product offerings" and marketing them is important to the economy of the region.
1151
Citizen/Customer Implications: The Council of Tourism Associations (COTA) is the voice of the BC
tourism industry, representing BC's major organizations and businesses. COTA reports that Tourism
contributes $10 billion annually to the BC economy, and directly employs 118,000 workers. Maple
Ridge is well positioned to attract a share of this tourism investment. To focus our efforts Ridge
Meadows Parks and Leisure Services is developing a Sport and Eco Tourism Strategy in 2009 that
will identify specific opportunties for the consideration of both municipalities. The Tourism Society
actively participates in the Vancouver Coast and Mountains Tourism, "Scenic 7" regional campaign
that covers the "Mighty Fraser Country". www.scenic7BC.com
Not only does development of Tourism assets benefit tourists and the local economy, Maple Ridge
citizens will also be able to take advantage of new tourism opportunities as they develop.
Business Plan/Financial Implications:
The 2009 - 2013 Business Plan identified $35,000 to provide Visitor Information Services. This is
the same amount provided in 2008. However, to be consistent with the approach Pitt Meadows has
taken we also recommend entering into a three month contract at this time.
CONCLUSIONS:
The 2008 Tourism Maple Ridge and Pitt Meadows Fee for Service Agreement ended in December
2008. Maple Ridge Economic Development will oversee the agreement and propose amendments
later in the year. In the interim it is proposed that the attached three month agreement be approved;
and that the Corporate Officer be authorized to execute up to two additional three month contracts
as required upon the recommendation of the Manager of Economic Development.
Prepared y: Sandy Blue, ABC
Manager Economic Development
Approved by: Paul Gill, B.B.A, C.G.A, F.R.M
neral Ma p -ger: Corporate & Financial Services
Conc rrence: J.L. (Jim) Rule
Chief Administrative Officer
SCB
Fee for Service Agreement
THIS AGREEMENT dated the 1st day of January, 2009
BETWEEN:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a Municipal
Corporation, duly incorporated under the laws of the Province of British Columbia
and having its place of business at 11995 Haney Place, Maple Ridge, British
Columbia
(the "District")
AND:
TOURISM MAPLE RIDGE AND PITT MEADOWS SOCIETY, having its place of
business located at 12492 Harris Road, Pitt Meadows, British Columbia
(the "Society")
WHEREAS:
a) The Society is in the business of providing tourism related services (the
"Services"); and
b) the District wishes to engage the Services of the Society and the Society
wishes to provide the Services to the District on the terms and conditions
hereinafter set forth.
NOW THEREFORE THIS AGREEMENT WITNESSES that the parties hereto
agree as follows:
1. SERVICES:
The Society agrees to supply the services set forth in this agreement.
1.1 Maintain and report on Visitor Centre (VC) and Kiosks including: tickets,
sales of BC Parks Parking Pass sales, email check kiosk, retail sales,
local and regional travel itinerary development, picnic table, bike rack,
courtesy phone, accommodation reservations, activity bookings, and
sales of local events.
1.2 Advocacy and education including:
• tourism related presentations to local community groups
• public and private tourism related training programs in both
communities (i.e. SuperHost, etc.).
• attend functions and events to support industry and community
groups
• post community event information in monthly newsletter
• maintain reciprocal membership and involvement with various
tourism related community groups (Chamber of Commerce,
Festival Society, Arts Council, Historical Society, Airport, Parks
and Leisure Services, Katzie, etc.)
• participate in regional tourism roundtables/committees to provide
a MR/PM perspective
2. TERMS OF AGREEMENT:
2.1 The District hereby engages the Society to provide the services for a
period of three (3) months, commencing on the 1st day of January, 2009
and terminating on the 31st day of March, 2009, subject to earlier
termination in accordance with Section 11.
2.1 Upon the recommendation of the District's Manager of Economic
Development this agreement will be renewed for up to two (2)
additional three month periods, on substantially the same terms as
this agreement. Either party will have the right to terminate any
Renewal Agreement by giving written notice to the other party in
accordance with Section 11.
3 FEES:
3.1
In consideration for the Society supplying the services and
deliverables, as detailed in Section 1 of this agreement, the District
agrees to pay to the Society the sum of Eight Thousand, Seven
Hundred Fifty Dollars ($8,750.00), on or about January 1, 2009.
3.2 All requests for District funding for one-time projects, items or
events shall be by separate submissions to the District, through its
Economic Development Department. Funding will be considered
based on the project, items or event merit and funding availability
and will be subject to written confirmation from the District. Where
additional funding, other than that identified within this Agreement,
is required for specific services, projects, or deliverables, the
Society will prepare a written business case and proposal which
would include but not be limited to:
3.2.1 identifying the purpose of the project, item or event.
3.2.2 Identifying the additional expected value to the District and
community.
3.2.3 Identifying all other sources of funding and their status.
3.2.4 Identifying other District resources required, other than the
requested funding.
Depending upon the size and scope of the request, the District's
Economic Development Department may request that the Society
provide a business case for the project, item or event.
3.3 The Society shall not incur any expenses for which the District shall
be required to reimburse the Society, or for which the District in any
other way shall become liable to any person. The District shall not
incur any expenses for which the Society shall be required to
reimburse the District, or for which the Society in any other way
shall become liable to any person.
3.4 The District is entitled to an annual Tourism Maple Ridge and Pitt
Meadows Society Membership (value $250.00) at no additional cost
to the District upon the execution of this Fee for Service Agreement.
4 SUPPORTING DOCUMENTS:
4.1 The Society shall provide the following documents to the District by
March 31, 2009:
a) A written status report on deliverables identified in the current
Fee for Service Agreement via a quarterly report.
4.2 The Society shall provide interim financial and status reports to the
District on a quarterly basis, as follows: March 31, 2009.
4.3 The Society shall provide the District with a copy of their
Constitution & Bylaws and remain in good standing with the
Provincial Registrar.
4.4 The Society shall provide the District with a copy of their annual
report and reviewed financial statements. The Society shall ensure
that a review report is prepared on the annual financial statements
by a CA or CGA in good standing.
5 BOARD ATTENDANCE:
5.1 The Society shall allow the District's appointees to attend Board
meetings as observers. District appointees may be Council
members and/or District staff as determined by the District who are
requested to attend Board meetings on a quarterly basis.
6 INDEMNIFICATION AND INSURANCE:
6.1 The Society agrees to and does hereby indemnify and save
harmless the District, its officers and employees from and against
all claims, demands, actions, suits, damages, losses, costs and
expenses by whomsoever brought, made or incurred arising out of
directly or indirectly the provision of services by the Society under
this Agreement.
6.2 The Society must obtain and maintain during the whole of the term
of this Agreement a policy of general public liability insurance in the
amount of at least $5,000,000.00 per occurrence.
Such insurance policy shall be on terms and with insurers satisfactory to
the District and shall name the District as an additional insured, contain a
cross -liability clause and provide that such insurers will provide to the
District thirty (30) days prior written notice of cancellation or material
alteration of such terms.
The Society shall furnish to the District a certificate of insurance or other
evidence acceptable to the District as proof of insurance coverage prior to
commencement of the services pursuant to this Agreement.
7 OTHER:
The Society and the District agree that the provisions of this Agreement shall
be given such reasonable interpretation as will facilitate a full and proper
handling of tourism, management and facilitation for all residents of and
visitors to the District.
8 ENUREMENT:
The provisions of this Agreement shall ensure to the benefit of and be binding
upon the Society, the Society's heirs, executors, administrators and assigns,
and the District, its successors and assigns.
9 ENTIRE AGREEMENT/MODIFICATION:
This Agreement between the parties and may not be modified, changed,
amended or waived except by signed written agreement of the parties.
10 ASSIGNMENT:
The Society shall not assign (in any manner including by operation of law) or
sub -contract any of its obligations under this Agreement without the prior
written consent of the District.
11 TERMINATION:
This Agreement may be terminated as follows:
11.1.1 by the District providing to the Society written notice of
immediate termination if the Society fails to remedy any
deficiency or default in providing the services after having
been given notice of the deficiency or default and a
reasonable opportunity/period of 30 days to remedy the
deficiency or default; and
11.1.2 by either party providing the other with 30 days' notice in
writing.
11.2 Upon termination of this Agreement, the Society will reimburse the
District on a prorated basis for the balance of the term. All other
obligations of the Society to the District will terminate upon the
termination or expiry of this Agreement.
12 NOTICE:
Any notice, report, statement or invoice which shall or may be given pursuant
to or in addition to this Agreement shall be in writing and shall be delivered or
sent by facsimile or by delivery, addressed to the locations of the District and
the Society first above written. Either party may change its address for
service by giving written notice of such change to the other party. Any notice
may be served by personal service upon a party or by facsimile to the number
for notice hereunder. Notices, reports, statements or invoices given by
service upon a party and any notice given by facsimile shall be effective when
received.
13 GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the
laws and courts of the Province of British Columbia and shall in all respects
be treated as a British Columbia contract.
THE CORPORATE SEAL OF THE CORPORATION
OF THE DISTRICT OF MAPLE RIDGE
hereunto affixed in the presence of:
CORPORATE OFFICER
THE CORPORATE SEAL OF THE TOURISM MAPLE
RIDGE AND PITT MEADOWS SOCIETY was hereunto
affixed in the presence of:
PRESIDENT
EXECUTIVE DIRECTOR