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HomeMy Public PortalAbout2016-02-04_COW_Public Agenda PackageMUNICIPALITY OF THE DISTRICT OF CHESTER COMMITTEE OF THE WHOLE Thursday, February 4,2 0 16 - 8:45 a.m. AGENDA 1. MEETING CALLED TO ORDER. 2. MINUTES OF PREVIOUS MEETING: 2.1 Committee of the Whole - January 21, 2016. 3. MATTERS ARISING (if any) 4. CORRESPONDENCE (if any) S. NEW BUSINESS: 5.1 Report from Director of Recreation and Parks dated January 25, 2016 regarding Relationship between Municipality of Chester, Zoe Valle Library Trustees and Library Custodian. 5.2 Request for Decision dated January 20, 2016 regarding Request for Expression of Interest - Engineering Services. 5.3 Hosting FCM Conference 2017 Board of Directors - Senior Economic Development Officer (to be circulated separately) SA WhyHere Videos - Senior Economic Development Officer. 6. ADJOURNMENT. In Camera following regular session under Section 22 of the MGA if necessary Page 1 of 1 REPORT TO SUBMITTED BY DATE SUBJECT ORIGIN BACKGROUND: MUNICIPALITY OF THE DISTRICT OF CHESTER REPORT Warden & Council Chad Haughn, Recreation & Parks Director January 25, 2016 5.1 Relationship Between Municipality of Chester, Zoe Valle Library Trustees & Library Custodian Council Request for Clarification The purpose of this report is to provide some background information and clarity for the relationship between the Municipality of Chester and the Zoe Valle Library Trustees and the Custodian. There is a long documented history of the Zoe Valle Library and Lightfoot Tower. The relevant portion of that history to this report is that in the early 1900's Mrs. Zoe Valle Lightfoot purchased the property that is now the site of the library. She died in 1926 and her sister Isabel Valle Austen gave the property to the Municipality, in trust, to be use as a free community library in memory of her sister. The library opened in 1928, however, there were not enough funds to maintain the Tower that was on the site. The Tower was restored and reopened in 1985 by the Chester Municipal Heritage Society. After about fifteen years the tower began to deteriorate once again and was eventually condemned. In 2006 the Chester Trust began a fundraising campaign to restore the Tower a second time and in 2014 it was once again reopened to the public. Financial Management: The Zoe Valle Lightfoot Endowment Fund was established in 1928 when the library opened. Currently, the Endowment Fund as well as the financial management of the library operations is handled by the Municipality through the Director of Finance. The endowment fund as well as ongoing donations cover all operation and maintenance expenses. Municipality and Trustees Agreement: When the Deed of Trust was given to the Municipality in 1928, one of the terms of the agreement was the establishment of a Committee of Trustees. The role of the Trustees is to provide oversight to both the library and the Endowment Fund. This oversight includes the ongoing maintenance and operation of the library lands including the library building and the tower. The trustees consist of a representative of the Municipality, a representative of the Chester Municipal Heritage Society and a representative of the "Subscribers" to the Endowment Fund or those who make donations to the fund. The current committee of trustees includes Brad Armstrong, Nancy Hatch and Brenda Mulrooney. The most recent agreement between the Municipality and the Trustees (2005) outlines the responsibilities of each party: The Municipality will: Hold title of the land Manage the Endowment Fund Provide insurance, paid from the Endowment Fund Conduct an annual inspection of the property Appoint members to the committee as required Promote the use of the land by the public Encourage the public to contribute to the Endowment Fund. The Trustees will: Ensure the land is used as a public library and other community purposes Engage a custodian and/or librarian as needed Ensure proper maintenance and repair to the library lands Ensure all accounts payable in connection with the operation of the library and lands are paid Submit accounts incurred by the Trustees (as part of their duties) to the Municipality for payment from the Endowment Fund Report to the Municipality on the condition of the library land and operations Hold an annual meeting Trustees & Custodian Agreement The Trustees have the ability to engage a custodian and/or librarian to look after the library and the lands. In 1994 the Trustees signed an agreement with Glen MacLeod to act as librarian and caretaker of the property. The agreement outlines details such as the custodian's ability to reside on the premises, heating of the library building, library hours and other responsibilities. The agreement remains in place until such time that either party provides appropriate notice of intention to terminate the agreement. ATTACHMENTS: 1. Agreement: Municipality and Trustees (2005) Prepared BY Chad Haughn Date January 25, 2016 Reviewed BY Date Authorized BY Date W200-693 SRL/bab 0 THIS AGREEMENT made this ) 4 f» day of S e-pkm b , 2005 BETWEEN: MUNICIPALITY OF THF DISTRICT OF CHESTER hereafter referred to as "THE MUNICIPALITY") AND THE TRUSTEES ZOE VALLE MEMORIAL LIBRARY hereafter referred to as "THE TRUSTEE") WHEREAS in a certain Deed of Trust datedJune 5th, 1928 from Isabella Valle Austen to The Municipality of Chester and registered at the Registry of Deeds, Chester, Nova Scotia on August 27th, 1928 in Book 19 at page 1, certain lands (the Library Lands) in the Village of Chester described therein were conveyed to the Municipality In Trust subject to the terms of that Trust; AND WHEREAS the said Deed of Trust provided for a Committee to be appointed who are to be responsible for the proper use of the Library Lands; AND WHEREAS the Parties hereto wish to both clarify and set out their respective duties and responsibilities with respect to the Library Lands; NOW THIS AGREEMENT WITNESSETH and the Parties mutually agree as follows: I . THAT the Committee referenced in the Deed of Trust shall be appointed in the following manner and for the following terms: a) The Committee member appointed by the Municipality shall serve a four (4) year term commencing December 1, 2004 and terminating on November 30th, 2008 and thereafter each Municipally appointed Committee member shall serve four (4) year terms commencing on December 1 st of the year of appointment; b) The Committee member appointed by the Subscribers to the Zoe Valle Library Endowment Fund shall serve a term to expire on November 30th, 2007 and all replacement members appointed thereafter shall serve four (4) year terms commencing on the I st day of December of the year of appointment; c) The Committee member formerly appointed by the Chester Branch, Women's Institute of Nova Scotia (WINS), an organization no longer actively in existence, shall henceforth be appointed by the Chester Municipal Heritage Society, a body designated for that purpose by the Municipality pursuant to the Deed of Trust and each member so appointed shall serve a term initially to expire November 30th, 2006 and thereafter shall serve four (4) year terms commencing on the 1 st day of December, in the year of appointment. THAT the Committee members have been and shall continue hereafter to be referred to as Trustees" of the Zoe Valle Memorial Library, to carry out the provisions of the Deed of Trust but also to be responsible for and on behalf of the Municipality, as the holder of the title hi Trust of the Library Lands, for the ongoing maintenance, and operation of the Library Lands. Further that the Library Lands shall consist of the land described in the Deed of Trust including the Library building, the Tower and any other structures now or hereafter located thereon. THAT the following is and shall continue to be a break down of their responsibilities: 2 2 - THE MUNICIPALITY: a) To continue to hold title pursuant to the Deed of Trust; b) To continue to hold, manage, invest, disburse and be responsible for the Zoe Valle Library Endowment Fund, (The Endowment Fund) through its Treasurer (Director of Finance) including receiving funds from new subscribers; c) To maintain adequate Fire and Liability Insurance on the Library Lands to be paid out of the Endowment Fund; d) To conduct annual inspections of the Library Lands in accordance with its policies concerning Municipal property to ensure that they are being kept good and serviceable, appropriate for their use; e) To appoint such members to the Committee as required under the Deed of Gift and to designate as required from time to time such other civic, fraternal religious or other body as needed to appoint a member to the Committee; f) To promote the use of the Library Lands by the Public; g) To encourage members of the Public to subscribe to the Endowment Fund; a) The Trustees shall be the Committee referred to in the Deed of Trust and shall continue to be responsible to ensure that the Library Lands are used as a Public Library and for such other community purposes as the Trustees may decide; b) To engage people from time to time as needed to act as custodian and/or Librarian of the Library Lands; c) To be responsible to ensure that proper maintenance and repair to the Library Lands are carried out in a timely fashion; d) To ensure that all accounts payable incurred in connection with the operation of the Public Library and the Library Lands in general are paid; e) To submit to the Municipality for payment out of the Endowment Fund, all such accounts as may be incurred by the Trustees in the carrying out of their duties; fj To report to the Municipality on the condition of the Library land and its operation. g) To hold an Annual Meeting and such other meetings that may be needed for the Trustees to carry out their responsibilities. 4. THAT the Parties agree that if a vacancy should occur among the Trustees before a term has expired, that a new Trustee shall be appointed as soon as may be reasonable practicable and the person thus appointed shall serve for the remainder of the term for that vacated position. 5.. THAT this Agreement shall enure to the benefit of and be binding upon the Parties hereto, their respective heirs, representatives, successors and assigns. 6. THAT IN THIS AGREEMENT the singular includes the plural and the masculine includes the feminine, with the intent that this AGREEMENT shall be read with all the appropriate changes in number and gender. SIGNED SEALED AND DELIVERED ) in the presence of, ) Per: Per: Witness ) Per: Witness } CAM fileAMUNICIPAW 37.oEVALLE,LIERARYUGREEMENT.MAR1005.wpd MUNICIPALITY OF THE DISTRICT OF CHESTER ALLEN B. WEBBER, Warden THE TRUSTEES, ZOE VALLE MEMORIAL LIBRARY S.2 MUNICIPALITY OF THE DISTRICT OF CHESTER REQUEST FOR DIRECTION REPORT TO Warden Webber and Members of the Committee of the Whole SUBMITTED BY Tammy Wilson, MURP, MCIP, Chief Administrative Officer DATE January 29, 2016 SUBJECT Request for Expression of Interest- Engineering Services ORIGIN Municipal Council —April 23, 2015 CURRENT SITUATION: At April 23, 2015 In -camera Council, Council discussed the Engineering Service Contract costs. At this meeting direction was given to staff to revise our procurement process of Engineering Services, so as to 1) Separate the contract into two Services contacts (one for Public Works and one for Solid Waste). This was in recognition of the specific expertise required Solid Waste Capital projects which differs from the customary public works projects; and, 2) to establish a pre -qualified list of vendors, who would thence be selected to bid on projects during the specified term (3 year term). RECOMMENDATION: Direction is required from Council as to whether there are concerns with the evaluation criteria for the pre - qualification of three engineering consultants, specifically in that price would not be a factor at this stage, rather price would be evaluated at the time in which the firm bid on a project. Direction is further requested with respects to the exclusions from the contract as noted in the Discussion portion of this report. BACKGROUND: At the April 23, 2015 In- Camera Council meeting direction was given to staff to revise the Engineering Services Contract to have a preferred vendors list (three) with separate contracts for Public Works and Solid Waste. No motion was passed in Open Session to approve this change. At the January 16, 2016 Council meeting Municipal Council approved revisions to the Procurement Policy to change the term of the Engineering Services contract to three Years. DISCUSSION: Attached is the excerpts from the draft "Request for Expression of Interest- Engineering Services". This Request is to enable MODC to pre -qualify up to three engineering firms for a three year period to provide professional services in support of MODC's ongoing engineering operating and capital program . Pre -qualification The three pre -qualified first would thence be asked to submit proposals for MODC projects for evaluation and award will be to a single proponent. Exceptions to this are proposed , which are: 1. If the project scope is outside the scope of services, as deemed by the Municipality, which the Consultants and Special Service Vendors were pre -qualified for; 2. If the project is being performed on behalf of a Village or another municipal unit, that Village or municipal unit may invite one Consultant of it's choosing to bid on that project; If the Municipal Engineer estimates the value of the engineering component of the project to be greater than $50,000 4. On-going projects, at the time of issuing this REI, will be brought to a logical conclusion by the existing consultant, where possible. If deemed necessary by the Municipality, the Municipality reserves the right to continue working the existing consultant on specific projects. A list of those projects will be provided to the successful firms after the award of work Special Service Vendors In addition to this it is proposed that up to two (2) Special Service Vendors may be selected from those consultants not pre -qualified. These Special Service Vendors may provide the following ikyj MMM 1. A local consultant to provide engineering support valued at $2,500 or less 2. A consultant that possesses expertise in a specific field that is advantageous to the Municipality's long term capital plan Evaluation Criteria The following evaluation criteria is to be used in evaluating the proposals. This criteria is the same criteria used to evaluate the previous engineering services proposal call, with the exception of Price. Corporate 20% Technical Ability 60% Communication / Reporting 15% Quality of Proposal 5 Price is not part of the evaluation process, nor is it being secured at this stage. The pre -qualified firms will bid their price each time they bid a project. This ensures that they remain competitive in price, as the price of the other pre -qualified firms would not be known and thus to secure the job, price would be a factor in the evaluation. IMPLICATIONS: 1 Policy: MODC's Procurement Policy (Policy P-04) requires that MODC secure Engineering Services for three year terms. The existing contract expires March 31, 2016. 2 Financial/Budgetary: Engineering Services costs are incorporated into project costs and operational budgets 3 Environmental: 4 Strategic Plan: Ensure sufficient infrastructure is available to best serve our residents and businesses Work Program Implications As reported to Council, additional work will be required to adequately scope out projects and solicited bids from the pre -qualified list of firms. While this is additional work, it will bring more certainty to project costs and enable MODC to more effectively track cost. 6 Consultation/Communications (External v Internal) ATTACHMENTS: Excerpts for Request for Expression of Interest OPTIONS: 1. To modify the exclusions to the contract Prepared BY Tammy Wilson, CAO Date January 29, 2016 Reviewed BY Date Authorized BY Date Excerpt from Request for Expression of Interest 6.3.2 Review Procedure 1. All submissions received prior to the published closing date and time will be evaluated in two phases. 2. In Phase 1, the Review Panel shall evaluate all proposals using the evaluation criteria set in the REI but no scores will be assigned. A Short List of between three (3) and a maximum of six (6) firms to be invited to Phase 2 shall be approved by the CAO based on the Review Panel's recommendations. 3. In Phase 2, each of approved Short Listed firms will be interviewed and make presentations to the Review Panel. Each firm will be allotted time approximately 45 minutes in total for their interview, 25 minutes for a presentation and 20 minutes for questions . Upon completion of all the interviews, the Review Panel shall score all firms as per the evaluation criteria set in REI. Up to the three (3) highest scoring firms will be recommended by the CAO to Council for approval. 4. The Review Panel may also recommend to the CAO and Council up to two (2) Special Service Vendors from those Consultants not pre -qualified for approval. Special Service Vendor(s) shall only provide one of the following services during the pre -qualification period: i. A Local Consultant to provide engineering support valued at $2,500 or less. ii. A Consultant that possesses expertise in a specific field that is advantageous to the Municipality's longterm capital plans. 6.3.3 Evaluation Criteria Proposals will be evaluated and ranked according to the following criteria: a Corporate — 20% o managerial ability; o corporate stability; o professional integrity; o quality control procedures; o unique/innovative corporate features. Technical Ability -60% o recent experience (firm and personnel); o proven ability; o technical resources/in-house services; o human resources and qualifications of key personnel, including back up personnel. Communication/Reporting-15% o proponents will be evaluated on the basis of communication and reporting procedures, as well as availability of key staff; o Interview. Quality of Proposal — 5% o level of effort, presentation, thoroughness, etc. 7.3 Procurement of Additional Services The Municipality may procure engineering services from additional Consultants under the following circumstances: 1. If the project scope is outside the scope of services, as deemed by the Municipality, which the Consultants and Special Service Vendors were pre -qualified for; 2. If the project is being performed on behalf of a Village or another municipal unit, that Village or municipal unit may invite one Consultant of it's choosing to bid on that project; 3. If the Municipal Engineer estimates the value of the engineering component of the project to be greater than $50,000.