REPORT TO General Committee
	TO:	Mayor and Members of Council
	FROM:	Andy Taylor, Commissioner Corporate Services James Allen, Chief Information Officer
	PREPARED BY:	James Allen, Chief Information Officer
	DATE OF MEETING:	2005-May-30
	SUBJECT:	Memorandum of Understanding for the Development of OneYork

RECOMMENDATION:

THAT the report dated May 30, 2005, entitled “Memorandum of Understanding for the Development of OneYork” be received;

AND THAT the Mayor and Council authorize staff on behalf of the Town of Markham to enter into a Memorandum of Understanding setting out the terms governing the activities and co-operation of participants in the development of OneYork.

AND THAT the CAO or designate be appointed to the Steering Committee.

PURPOSE:

The purpose of this report is to obtain approval from Council for staff to enter into a Memorandum of Understanding to set out the terms of co-operation and establish a framework for the development of the OneYork initiative, and to identify the roles and responsibilities of each of the participants.

BACKGROUND:

On February 14^th, 2005, Regional Councillor Jim Jones made a presentation to the General Committee of the Town of Markham on the OneYork Community Infrastructure, an ultra-high speed broadband infrastructure of networking services which would improve the way services are provided within the Region of York. At this time, staff was authorized to participate in evaluation of the OneYork concept.

An initial meeting regarding OneYork was held on February 25, 2005 and was attended by stakeholders from municipalities, universities, colleges, school boards and hospitals within the Region of York. The group discussed governance options for OneYork, and it was determined that to move forward, a Steering Committee should be formed with representation from the stakeholders.

At the April 4, 2005, meeting of the General Committee of Council of the Town of Markham, a report entitled “Evaluation of OneYork” was received, and Council directed Markham staff to participate on the OneYork Steering Committee. As well, funding was approved for consulting services for the initial data collection and discovery phase.

The OneYork Steering committee met again on April 22, 2005. It was agreed that the current representation on the Steering Committee would remain as is, and that the initial phase of activity, comprised of data collection and discovery, should proceed. At this meeting, Elizabeth Wilson, Director of Commercial Law at the Region of York, explained various governance options available to the Committee and recommended that a governance agreement or Memorandum of Understanding (MOU) should be developed. A sub-committee was created to develop an initial Memorandum of Understanding.

The next Steering Committee meeting was held on May 6, 2005. Further details of the data collection phase were presented and it was agreed that initial data collection should be completed by mid-June. Elizabeth Wilson reviewed the governance MOU document that was developed by the sub-committee. It was emphasized that the document must be adaptable to meet future requirements until such time as OneYork is incorporated, and revisions were indicated to address this consideration. It was agreed that the MOU would be completed by May 20, 2005, and that it would then be the responsibility of each member of the Steering Committee to get the required approvals for the MOU from their respective organizations, boards or Councils.

DISCUSSION:

The members of the Steering Committee have agreed to proceed with the development of OneYork in its interim form and to undertake an initial data collection phase of activity.

Given that this is a collaborative effort among the stakeholders, it is especially important that all expectations are clearly defined and that legal and financial implications pertaining to this effort are understood and agreed. To achieve this goal, the proposed Memorandum of Understanding establishes a framework to proceed with activities relating to the development of OneYork, and defines and documents the roles and responsibilities of each of the participants.

The MOU document under consideration sets out an interim framework to govern the initial data collection and discovery phase of OneYork. Based on opportunities identified by this phase, it is expected that further work will be subsequently undertaken and that this MOU may be replaced or amended accordingly.

Further development of governance framework options may be recommended depending on the result of the data collection and discovery phase.

The final report from the data collection phase will be provided to all members of the Steering Committee for their benefit, and they may then present it to their respective organizations as required.

Participants agree to perform tasks as required for the data collection phase of the initiative. It is understood that they will seek direction from their respective boards or Councils with respect to participation in future phases of the project.

The Memorandum of Understanding represents the agreement required from all stakeholders to establish a governance framework in order to proceed with the next step of the OneYork initiative, the data collection phase. It clearly defines the roles and expectations of all stakeholders, and by enabling work to continue, will provide immediate benefit from the information compiled from the data collection and discovery activities. It is required as well in order to establish a framework for the development of the OneYork initiative, and to identify the roles and responsibilities of each of the participants to realize the longer-term benefits of the OneYork initiative.

For these reasons, it is recommended that Mayor and Council authorize staff on behalf of the Town of Markham to enter into the Memorandum of Understanding for the Development of OneYork (see Appendix A).

FINANCIAL CONSIDERATIONS:

The MOU formally documents the Region of York’s offer to reimburse Markham for the costs incurred in the retainer of the Consultant for the data collection phase, in an amount not to exceed $25,000 plus GST.

Apart from the above consideration, the MOU specifies that each participant shall be responsible for its own costs incurred as a result of its participation in OneYork.

BUSINESS UNITS CONSULTED AND AFFECTED:

Finance

ATTACHMENTS:

Appendix A – Memorandum of Understanding

James Allen Chief Information Officer

Andy Taylor Commissioner of Corporate Services

APPENDIX A: MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING made this day of 2005.

B E T W E E N:

THE CORPORATION OF THE TOWN OF AURORA

(“Aurora”)

- and -

THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY

(“East Gwillimbury”)

- and -

THE CORPORATION OF THE TOWN OF GEORGINA

(“Georgina”)

- and -

THE CORPORATION OF THE TOWNSHIP OF KING

(“King”)

- and -

THE CORPORATION OF THE TOWN OF MARKHAM

(“Markham”)

- and -

THE CORPORATION OF THE TOWN OF NEWMARKET

(“Newmarket”)

- and -

THE CORPORATION OF THE TOWN OF RICHMOND HILL

(“Richmond Hill”)

- and -

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE

(“Whitchurch-Stouffville”)

- and -

THE CORPORATION OF THE CITY OF VAUGHAN

(“Vaughan”)

- and -

MARKHAM STOUFFVILLE HOSPITAL

(“Markham Hospital”)

- and -

SENECA COLLEGE OF APPLIED ARTS
AND TECHNOLOGY

(“Seneca College”)

- and -

SOUTHLAKE REGIONAL HEALTH CENTRE

(“Southlake”)

- and -

YORK CATHOLIC SCHOOL BOARD

(the “Catholic School Board”)

- and -

YORK CENTRAL HOSPITAL ASSOCIATION

(“York Central Hospital”)

- and -

YORK REGION DISTRICT SCHOOL BOARD

(the “School Board”)

- and -

YORK UNIVERSITY

(“York University”)

- and -

THE REGIONAL MUNICIPALITY OF YORK
POLICE SERVICES BOARD

(the “Police Services Board”)

- and -

THE REGIONAL MUNICIPALITY OF YORK

(the “Region”)

WHEREAS the parties wish to participate in the development of a shared community technology infrastructure, known as OneYork;

AND WHEREAS the parties have been authorized by their respective councils or boards, as the case may be, to enter into a memorandum of understanding setting out the terms upon which they intend to co-operate in the development of OneYork;

NOW THEREFORE WITNESSETH in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:

1. Definitions

1.1 In this Memorandum of Understanding,

i. “Member” means a member of the Steering Committee appointed under Section 3.

ii. “Memorandum of Understanding” means this document and any amendments to it.

iii. “Participant” means each of the municipalities, boards and institutions participating in OneYork and which are signatories to this Memorandum of Understanding.

2. Purpose

2.1 The purpose of this Memorandum of Understanding is to establish a framework to proceed with the development of OneYork, and to set out the roles and responsibilities of each of the Participants.

3. Steering Committee

3.1 A Steering Committee shall be established which shall have the following roles and responsibilities:

i. to provide overall direction to OneYork and to provide a forum for sharing of information;

ii. to represent the interests of the Participants and to act as liaison between the Participants and OneYork;

iii. to provide instructions to the Consultant and to assist in the provision of resources to the Consultant;

iv. to receive the report of the Consultant and to recommend proceeding with future phases of OneYork;

v. to work co-operatively to recommend future governance options for OneYork; and

vi. to establish working groups and sub-committees, as needed, and to assign tasks to such groups.

3.2 Each Participant shall appoint a representative as a Member of the Steering Committee. The initial Members shall be:

Aurora:

East Gwillimbury:

Georgina:

King:

Markham:

Newmarket:

Richmond Hill:

Whitchurch-Stouffville:

Vaughan:

Markham Hospital:

Seneca College:

Southlake:

Catholic School Board:

York Central Hospital:

School Board:

York University:

Police Services Board:

Region:

3.3 Each Member may appoint an alternate to attend on his or her behalf, as required.

3.4 The Steering Committee shall appoint from among its Members a Chair whose responsibilities shall be:

i. to call meetings of the Steering Committee, as required;

ii. to chair the meetings of the Steering Committee; and

iii. to establish the agenda for meetings in consultation with Members and to circulate minutes of meetings.

4. Retainer of Consultant

4.1 The Participants acknowledge that Markham has retained the services of PACOMM Consulting Inc. (the “Consultant”) to conduct an analysis of existing technology infrastructure and to prepare a report on current inventory, in accordance with the terms set out in its proposal dated March 14, 2005.

4.2 Markham agrees to make payments directly to the Consultant upon completion of the deliverables set out in the proposal.

4.3 The Region agrees to reimburse Markham for the costs incurred in the retainer of the Consultant, in an amount not to exceed $25,000, plus G.S.T.

4.4 Markham and the Region agree that the retainer of the Consultant is on behalf of and for the benefit of all Participants, and that each Participant shall have full access to and rights in the report submitted by the Consultant and in all other deliverables completed by the Consultant.

5. Data Collection

5.1 Each Participant agrees to co-operate fully with the Consultant during the data collection phase of the Consultant’s study, including:

i. completion of data collection sheets provided by the Consultant, in a timely fashion;

ii. providing the Consultant with access to information, records, and data reasonably required to complete the study; and

iii. making available appropriate staff for interviews, consultation, and meetings as reasonably required to assist the Consultant in the completion of deliverables.

5.2 The Participants agree that the Consultant’s final report shall be presented to all Members of the Steering Committee. Each Participant shall be entitled to present the report to its board or council, as the case may be, for information and further direction.

6. Future Phases

6.1 The Participants acknowledge that further work will be undertaken in order to proceed with the development and implementation of OneYork, and that this Memorandum of Understanding may be amended or replaced accordingly.

6.2 The Participants agree to proceed in good faith to perform such other tasks as may be necessary and shall seek direction from their respective boards or councils, as the case may be, with respect to participation in future phases of the project.

7. Governance structure

7.1 The parties acknowledge that this Memorandum of Understanding sets out an interim framework to govern the initial data collection phase of OneYork.

7.2 Following receipt of the Consultant’s report, the Steering Committee may appoint a working group to develop governance options for OneYork and to recommend a governance framework to the Steering Committee for consideration.

8. Financial implications

8.1 The parties agree that, subject to Markham and York retaining the Consultant, as set out in Section 4 of this Memorandum of Understanding, each Participant shall be responsible for its own costs incurred as a result of its participation in OneYork.

IN WITNESS WHEREOF the parties have executed this Memorandum of Understanding.

) THE CORPORATION OF THE TOWN OF

) AURORA

)

)

) name:

) title:

)

) name:

) title:

) THE CORPORATION OF THE TOWN OF

) EAST GWILLIMBURY

)

)

) name:

) title:

)

) name:

) title:

)

) THE CORPORATION OF THE TOWN

) OF GEORGINA

)

)

) name:

) title:

)

) name:

) title:

) THE CORPORATION OF THE TOWNSHIP

) OF KING

)

)

) name:

) title:

)

) name:

) title:

)

) THE CORPORATION OF THE TOWN OF

) MARKHAM

)

)

) name:

) title:

)

) name:

) title:

)

) THE CORPORATION OF THE TOWN

) OF NEWMARKET

)

)

) name:

) title:

)

) name:

) title:

) THE CORPORATION OF THE TOWN OF

) RICHMOND HILL

)

)

) name:

) title:

)

) name:

) title:

)

) THE CORPORATION OF THE TOWN OF

) WHITCHURCH-STOUFFVILLE

)

)

) name:

) title:

)

) name:

) title:

) THE CORPORATION OF THE CITY OF

) VAUGHAN

)

)

) name:

) title:

)

) name:

) title:

)

) MARKHAM STOUFFVILLE HOSPITAL

)

)

) name:

) title:

)

) name:

) title:

)

) SENECA COLLEGE OF APPLIED ARTS
) AND TECHNOLOGY

)

)

) name:

) title:

)

) name:

) title:

)

) SOUTHLAKE REGIONAL HEALTH CENTRE

)

)

) name:

) title:

)

) name:

) title:

)

) YORK CATHOLIC SCHOOL BOARD

)

)

) name:

) title:

)

) name:

) title:

) YORK CENTRAL HOSPITAL ASSOCIATION

)

)

) name:

) title:

)

) name:

) title:

)

) YORK REGION DISTRICT SCHOOL

) BOARD

)

)

) name:

) title:

)

) name:

) title:

)

) YORK UNIVERSITY

)

)

) name:

) title:

)

) name:

) title:

)

) THE REGIONAL MUNICIPALITY OF YORK
) POLICE SERVICES BOARD

)

)

) name:

) title:

)

) name:

) title:

)

) THE REGIONAL MUNICIPALITY OF YORK

)

)

) name:

) title:

)

) name:

) title: