HΛLIFΛX

HALIFAX REGIONAL MUNICIPALITY

REGIONAL TRAILS MAINTENANCE FUNDING AGREEMENT

16/17 Maintenance Agreement

June 8, 2016

Purpose of Agreement:The purpose of this Agreement is to provide a framework for annual operating and maintenance funding for the Halifax Regional Trails Association and its participating Community Trail Groups, who support trail maintenance and complement HRM service delivery.

Parties:

Halifax Regional Municipality (“HRM”), a statutory body corporate duly incorporated

under the laws of the Province of Nova Scotia,

Contact Person: David MacIsaac, Active Transportation Supervisor

Mailing Address: P.O. Box, 1749, Halifax, Nova Scotia B3J 3A5 Telephone: 490-1665

Maintenance/Operations Contact: Rob Mullane, Municipal Operations Superintendent Parks and Recreation, Mailing Address: P.O. Box, 1749, Halifax, Nova Scotia B3J 3A5 Telephone: 490-5819

-and-

Halifax Regional Trails Association (HRTA), a non-profit society incorporated under

the laws of Nova Scotia

Designated Representative Anne Patrick & Paul Adlakha HRTA Co- Chairs

Contact Person: Walter N. Regan, Chair, HRTA Maintenance Committee

Participating HRTA Community Trail Groups (the “Participants”):

1.Atlantic View Trails Association

2.Beechville Lakeside Timberlea Trails Association

3.Carrolls Corner Community Centre- Mastodon Greenway Trail

4.Chain of Lakes Trail Association

5.Cole Harbour Parks and Trails Association

6.Friends of First Lake Society

7.Halifax North West Trails Association

8.Halifax Regional Trails Association

9.Halifax Urban Greenway Association

10.McIntosh Run Watershed Association

11.Musquodoboit Trailways Association

12.Porters Lake & Myra Road Heritage Society- Crowbar Trail

13.Sackville Rivers Association

14.Sackville Lakes Park & Trails Association

15.Woodens River Watershed Environmental Organization- Bluff Wilderness Area Trail

16.St. Margarets Bay Rails to Trails Association

Criteria for Eligibility:

The following are the criteria Participants must meet to be eligible for trail maintenance funding pursuant to this Agreement:

  1. Demonstratedoutreach and engagement within their local communities: newsletters, advertisement of meetings, posters, brochures, news articles, regular minutes, formal invitation of members and Active Transportation Staffto AGMs.
  2. Member in good standing of the Halifax Regional Trails Association.
  3. Hold regular meetings and an Annual General meeting at the time appointed in their bylaws.
  4. Be incorporated and in good standing atthe Registry of Joint Stock Companies. The group must provide a copy of their current Board of Directors and Financial Statement to the HRM Regional Trails ,Project Planning & Design Services, Transportation and Public Works, P.O. Box 1749, Halifax, N.S. B3J 3A5
  5. Maintain at theirown expense insurance coverage as would be considered prudent. This coverage shall include, but is not limited to, commercial general liability insurance in amounts of no less than two million dollars ($2,000,000) per occurrence with the Municipality named as Additional Insured. A Certificate of Insurance shall be provided to HRM at the time of signing this Agreement.
  6. Currentlyplanning, constructing or managing trails on public land, or on private land by easement.
  7. Acknowledgedby signature of this Agreement that the Participant understands and agrees to be bound by the terms of this Agreement.
  8. Written permission from the landowner to use the property for active transportation and shared use trail purposes.
  9. To be eligible for HRM Maintenance funding all Participants must apply for the Province of Nova Scotia Maintenance funding grant of $1000.00 for the 2016 2017season. Before the HRM first cheques will be released a copy of the NS Maintenance funding application must be received at the HRM Regional Trails office.

Additional Terms & Conditions Applicable to HRTA and/orParticipants:

  1. Maintenance funding is allocated for the purpose of maintenance of greenways/trails not for hiring personnel or support staff.
  2. Participants eligible for an HST rebate canfile for an HST rebate for maintenance expenditures. Trail/Active Transportation Groups shall apply any rebate received to their operational requirements (i.e. gas, photocopies, and office supplies).
  3. HRTA will maintain at its own expense, insurance coverage as would be considered prudent. This coverage shall include, but is not limited to, commercial general liability insurance in amounts of no less than two million dollars ($2,000,000) per occurrence with the Municipality named as Additional Insured. A Certificate of Insurance shall be provided to HRM at the time of signing this Agreement.
  4. Shared use trails that allow ATV use will be eligible for 50% HRM maintenance funding of their trails. 50% funding is required from another source or sources, but supporting documentation is not required as in previous years.
  5. HRM Trails Staff, in conjunction with HRM Municipal Operations staff, will determine whether a funding proposal is for maintenance orstate of good repair (re-capitalization) of a trail.
  6. This Agreement will be reviewed on an annual basis and revised as needs and opportunities arise through service delivery intervention.
  7. In 2016-17, the groups and HRM will use the trail maintenance templates to clarify the roles and responsibilities of each group.
  8. Participants agree to operate based on HRM reporting and accounting procedures and principles based on attached HRM’s best practices. (Appendices2, 4, 10, 11)
  9. All proposed changes or significant amendments to funding proposals shallbe submitted in writing to the HRM Active TransportationStaff for review prior to the ratification by the community group.
  10. HRM Active TransportationStaff approval is needed before finalizing amendments to funding proposals. Formal approval rests with the Manager, HRM Project Planning & Design Services, Transportation & Public Works.
  11. Participants with more than one trail project must identify which project/s will be maintained with the HRM funds.
  12. Any Participant applying for state of good repair (recapitalization) of major pre-existing* infrastructure (bridges, culverts) on provincial lands is required to find two thirds funding from other sources. All decisions are subject to final approval of the Manager Project Planning & Design, TPW. *Pre-existing infrastructure is infrastructure that was in existence before the community group assumed management.

Termination Clause:

1. HRM may at any time, following a 30 day written notice to the HRTA, in its sole discretion, terminate this Agreement or suspend or reduce its scope.

2. If the Agreement is terminated or suspended HRM shall compensate the Participants for eligible costs, expenses and charges incurred to the date of the termination or suspension of the Agreement, however such amounts shall not exceed the value of the undispersed maintenance funds approved for the Participant and remaining at the time of the termination or suspension of the Agreement.

Maintenance Funding Scheduling:

1. HRTAwill be responsible for administering the maintenance funds and reportingto HRM on the expenditure of funds.

2. HRTA will follow the schedule provided on the annual HRM scheduling chart. (Appendix 3)

3. HRM Active TransportationStaff and the Manager, Project Planning & Design, Transportation & Public Works, will evaluate the request and proposals submitted by the HRTA and make recommendations to Regional Council for approval through the annual budget review process.

4. All funding is subject to HRM Council approval.

General Duties and Responsibilities of HRTA’s Participants:

HRTA’s Participants will:

  1. Ensure that all construction meets applicable trails standards as per the Technical Appendix: Facility Planning and Design Guidelines of the HRM Active Transportation Plan and Nova Scotia Recreational Trails Manual.
  2. Ensure that appropriate personal protective equipment be worn at all times. Operational funding may be used for this purpose.
  3. Ensure that contractors hired comply with the Occupational Health and Safety Act, S.N.S. 1996, c.7.
  4. Ensure that contractors provide proof of Commercial General Liability insurance evidencing limits of not less than Two Million Dollars ($2,000,000.) with Halifax Regional Trails Association, the partnering Trails Association (if appropriate) and if the work is to take place on property owned by or under the control of HRM, Halifax Regional Municipality named as Additional Insured on the policy, at time of hiring or in any event prior to beginning contracted work.
  5. If contractors are legally obliged to be covered by Workers’ Compensation, ensure that contractors provide evidence of this coverage and that the premiums have been paid and are up-to-date.Log and document reports as per the annual HRM scheduling chart. (Appendix3: Maintenance Committee Schedule)
  6. Ensure potential trail hazards on HRM-owned trails are immediately reported to HRM 311 ( replacing 490-4000)
  7. Participants with trailswhich crossover, are built on, provides access to or egresses onto land owned or under the control of HRM, inspect their trails for safety and potential hazards on a bi-annual basis.Complete records are to be kept for incident, accident, litigation or auditing purposes. Any emergency situation on trails should be immediately reported to the Maintenance Committee and HRM ActiveTransportationstaff for action as required.
  8. Obtain HRM approval prior to any major equipment purchase expenditure over $1,000.00 for trail maintenance by a Participant.
  9. Require Participants to keep an inventory of major maintenance equipment purchased, including values and dates purchased.
  10. Follow appropriate accounting procedures as identified by HRM finance. (Appendices 2 , 4, 10 , 11 )
  11. Require approval of all major maintenance expenditures in the form of motions in the minutes of each Participant’s regular meetings.
  12. Execute this Maintenance Funding Agreement and ensure it is also executed by all Participants.
  13. Require Participants to submit the next year’s proposals by the September 19, 2016 deadline.(Appendices 5 , 6,7, 8)

General Dutiesand Responsibilities of HRM:

HRM will:

  1. Evaluate proposals for maintenance funding and disbursement based on business plans and active transportation /trail funding criteria.
  2. Conduct random site visits to ensure expenditure of funds is in accordance with funding proposal submitted by the Participant.
  3. Refer Participants to applicable HRM Active Transportation service standards for trails. (Technical Appendix: Facility Planning and Design Guidelines of the 2014 HRM Active Transportation Plan:).
  4. Coordinate, through HRM Active TransportationStaff, the provision of occasional equipment and/or labour in the off season (November 15 to March 31) by HRM Maintenance & Operations staff if a request is received from a Participant and if HRM equipment and staff resources are available.
  5. Offer professional advice and assistance to the Participants as required with regard to maintenance and operations plans.
  6. Support recapitalization, maintenance and operations to stabilize and improve trails.
  7. Provide HRM maintenance log templates to those Participants who maintain trails that cross over, are built on, provide access to or egresses onto land owned or under the control of HRM.
  8. Provide appropriate information regarding materials to be used on trails & active transportation greenways.
  9. Coordinate with other HRM Business Units to provide technical and administrative support as required.
  10. Provide direction and guidelines for the disbursement of funds.
  11. Provide criteria with regard to maintenance vs. re-capitalization(state of good repair)

Agreement Dates:

The agreement will begin and terminate as follows:

Start date: April 1, 2016

End date: March 31, 2017

Renewal Process:

All proposals to be considered for 2017/2018funding are to be received no later than HRTA’s September19,2016 deadline.(Please see Appendices5, 6, 7 and8: Trail Maintenance Proposal Template & Trail State of Good Repair (Recapitalization) Template).Since 2014, there has been no separate State of Good Repair

(Recapitalization)account. For this agreement forward all State of Good Repair requests are allocated out of the Capital Budget Account.

HRTA and Participants will be asked to sign a maintenance funding agreement authorized by HRM, pending budget approval by Halifax Regional Council.

Partnership Remuneration:

Payment Process: 50% initial payment to the Participant ($25,000 allowable maximum per transaction)

Payment dates: 50% after 2016/17 Budget Approval and the signing of the 2016/17Agreement. Second 50% upon submission by participants of the Excel Reporting File

(Appendix 4) which reports how the first 50% was spent

Payment Recipients:

1.Atlantic View Trails Association

2.Beechville Lakeside Timberlea Trails Association

3.Carrolls Corner Community Centre- Mastodon Greenway Trail

4.Chain of Lakes Trail Association

5.Cole Harbour Parks and Trails Association

6.Friends of First Lake Society

7.Halifax North West Trails Association

8.Halifax Urban Greenway Association

9.Halifax Regional Trails Association

10.McIntosh Run Watershed Association

11.Musquodoboit Trailways Association

12.Porters Lake & Myra Road Wilderness Heritage Society- Crowbar Trail

13.Sackville Rivers Association

14.Sackville Lakes Park & Trails Association

15.Woodens River Watershed Environmental Organization- Bluff Wilderness Trail

16.St Margarets Bay Rails To Trails Association

Authorized Signatures:

By signing below, the Parties acknowledge that they have read the Agreement and agree to be bound by the terms and conditions herein, including but not limited to the terms and conditions under which HRM will process applications for maintenance funding for belonging to Halifax Regional Trails Association, and their respective roles and responsibilities of the Parties in the funding application process.

Halifax Regional Trails Association

______

SignatureTitleDate

Name:______

______

Witness SignatureTitleDate

Name:______

Halifax Regional Municipality

______

SignatureTitleDate

Name:______

______

Witness SignatureTitleDate

Name:______

Designated Representative of Participants

I am signing this, the Regional Trails Maintenance Funding Agreement, as a member of a Participant (as defined in the Agreement), and I warrant that I have authority to represent and bind the Participant for the purposes of this Agreement.

By affixing my signature, I hereby acknowledge that I have read the Regional Trails Maintenance Funding Agreement and understand the terms and conditions, as well as the process by which HRM will provide maintenance funding for trails within HRM to Participants. Further, I hereby agree that the Participant upon whose behalf I am signing this Agreement shall comply with the terms of this Agreement.

1. Atlantic View Trails Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

2. Beechville Lakeside Timberlea Trail Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

3.Carroll’s Corner Community Centre –Mastodon Greenway Trail

Authorized Signature:______

Name:______

Title: ______

Date: ______

4. Chain of Lakes Trail Association

Authorized Signature:______

Name:______

Title:______

Date:______

5. Cole Harbour Parks & Trails Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

6. Friends of First Lake Society

Authorized Signature:______

Name:______

Title:______

Date:______

7. Halifax North West Trails Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

8. Halifax Regional Trails Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

9. Halifax Urban Greenway

Authorized Signature:______

Name:______

Title: ______

Date ______

10.McIntosh Run Watershed Association

Authorized Signature:______

Name:______

Title:______

Date:______

11. Musquodoboit Trailways Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

12. Porters Lake & Myra Road Wilderness Heritage Association ( Crowbar Trail)

Authorized Signature:______

Name:______

Title:______Date:______

13. Sackville Rivers Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

14. Sackville Lakes Park & Trails Association

Authorized Signature:______

Name:______

Title: ______

Date: ______

15.St. Margarets Bay Rails To Trails Association

Authorized Signature:______

Name:______

Title: ______

Date ______

16. Woodens River Watershed Environmental Organization- Bluff Trail

Authorized Signature:______

Name:______

Title:______

Date:______

Appendix 1: Maintenance Funding Chart

16/17 Maintenance Agreement

Maintenance Approved Budget / 16/17 request / Banked surplus / 16/17 Allocation / 1st Cheque / 2nd cheque
Group Name
Atlantic View Trail Association / 13,700 / 13,700 / 6,850 / 6,850
Beechville Lakeside Timberlea Trail Association / 8,163 / 8,163 / 4,081.50 / 4,081.50
Carrolls Corner Community Centre – Mastodon Greenway Trail / 2000 / 321 / 1679 / 839.5 / 839.5
Chain of Lakes Trail Association / 8100 / 2,790 / 5310 / 2,655 / 2,655
Cole Harbour Parks & Trails Association / 40,000 / 40,000 / 20,000 / 20,000
Friends of First Lake Society / 8,600 / 1,266.58 / 7333.42 / 3,667 / 3,667
Halifax North West Trails Association / 10,700 / 530 / 10170 / 5,085 / 5,085
Halifax Regional Trails Association / 19,250 / 3,227 / 16,023 / 8,011.50 / 8,011.50
Halifax Urban Greenway Association / 5,550 / 5550 / 2,775 / 2,775
McIntosh Run Watershed Association / 2,250 / 341 / 1909 / 954.5 / 954.5
Musquodoboit Trailways Association / 21,060 / 1,980 / 19,079 / 9,540 / 9,540
Porters Lake & Myra Road Wilderness Heritage Association: Crowbar Wilderness Area Trail / 7,500 / 7,500 / 3,750 / 3,750
Sackville Rivers Association / 16,300 / 16,300 / 8,150 / 8,150
Sackville Lakes Parks and Trails Association / 8,200 / 126 / 8,074 / 4,037 / 4,037
St Margarets Bay Rails To Trails Association / 10,000 / 10,000 / 5,000 / 5,000
Woodens River Watershed Environmental Organization- Bluff Wildernesss AreaTrail / 13,828 / 13,828 / 6,914 / 6,914
Lawrencetown Cole Harbour Trails Association(banked from 2015-16) / 1900
Total / 195,201 / 12481.72 / 184,618 / 92,310 / 92,310

Appendix 2: Best Practices Checklist

Maintenance Funding Agreement 2016-17

2016-17

HRM Regional Trails Association (HRTA)

Best Practices Checklist

  1. Make HRMActive Transportation staff the first point of contact for greenway /trail related inquiries.
  1. Make every effort to follow best practices to enable good partnerships to develop i.e. make every effort to be inclusive of all partners with information, invitations to meetings etc.
  1. Inform staff and invite staff to your meetings. Staff may not be able to attend all, but make sure they know about the date and location of your meetings.
  1. Make sure to have any major decisions and major financial expenditures passed by motions, carried and reflected in the minutes at regular community board meetings.
  1. After your groups’ Annual General Meeting (AGM) have your Officers & Directors lists and amendments of by-laws updated with Registry of Joint Stocks. Please send same information to the Active Transportation Office, Project Planning and Design Services, Transportation & Public Works, Halifax, Nova Scotia B3J 3A5 attention Jessie DeBaie
  1. Make every effort to keep current membership lists up-to-date. Every community group needs to be seen as representative of its community.
  1. Keep membership with NS Trails and applicable insurance coverage up-to-date and in place.

8.For insurance and risk management purposes, make sure that a routine schedule of trailor greenway inspections is followed with reports kept up-to-date and on file.

  1. Prepare to have a representative from your group at HRTA meetings as regularly as possible. The rule is that groups are not to miss three consecutive meetings.
  1. Follow HRM procurement best practices of seeking 3 quotes for expenditures over $1000.00. Keep documentation on file. Staff may ask to see this documentation at any time.
  1. Groups who consistently award the same contractor contracts under $1000.00 for the same work to avoid getting 3 quotes may jeopardize future maintenance funding.

Appendix 3: Maintenance Committee Schedule 2016-17