TERMS OF REFERENCE (TOR)

Transcription

1 TERMS OF REFERENCE (TOR) Use of Lower Mainland Health Care sites for the Purpose of Food Security or Urban Agriculture Fraser Health Authority Provincial Health Services Authority Providence Health Care Vancouver Coastal Health Revised February 13, 2013

2 - 2 - Table of Contents Rationale... 3 A Value Add for VCH... 3 Examples of Successful Urban Agriculture Projects on VCH/PHC Property... 4 Procedure... 6 The Basics.. 6 Expression of Interest from External Party. 7 Site Suitability.. 8 Proposal Application by External Party.. 9 Proposal Review by VCH Reviewer Discussion Questions 11 VCH Community Garden License Agreement... 12

3 - 3 - Rationale Vancouver Coastal Health s (VCH) mission is to support healthy lives in healthy communities with our partners through care, education and research. Healthy eating is foundational to good health. Healthy eating can be supported if healthy food is affordable and accessible. VCH is ideally positioned to model changes to policies and the built environment that could be replicated by other organizations. In other words, we have the opportunity to Walk the Talk when it comes to healthy food, food security and sustainable environments through the innovative use of our owned and leased property. Food security and urban agriculture align with VCH s True North Goal of Promoting Better Health for Our Communities, and helps to move forward our food security and healthy eating directives, our Green Care strategy, as well as well as the provincially mandated Healthy Families BC initiative. It also helps to address the Ministry of Health s Key Result Area #1 which is to implement targeted health promotion and prevention initiatives to reduce the incidence of chronic disease. The purpose of these Terms of Reference is to support VCH to facilitate the development of urban agriculture on its sites. Urban agriculture is a value add to VCH through: Enhanced treatment: Urban agriculture can play a positive role in client treatment and rehabilitation and creates a positive environment conducive to healing. Employee wellness: Staff benefit through direct participation in urban agriculture initiatives and by creating a healthy work environment. Food procurement: If done on a large enough scale, the food produced by urban agriculture could provide fresh, local produce for VCH facilities. Waste management: Urban agriculture can reduce facilities waste through the composting of food waste, leaves and grass clippings. Community engagement: Urban agriculture can be an effective way to engage vulnerable population groups, building trust, access to food, knowledge and skills in order to enhance food security. Health promotion & disease prevention: Research shows that people who participate in urban agriculture benefit from increased physical activity, decreased stress, increased social connectedness, and increased access to fresh produce. Strengthening communities: Urban agriculture initiatives such as community gardens are a place where neighbours can get to know one another, build a sense of community and belonging, and develop greater local control and understanding of the food system. Environmental benefits: Urban agriculture can reduce food related transportation, increase the diversity of local crops, and improve micro climates.

4 -4- Examples of Successful Urban Agriculture Projects on VCH Property Farmers on 57th Farmers on 57th is an urban agriculture project of the BC Coalition for People with Disabilities and was established in 2009 on about 1 acre of land at VCH s George Pearson Centre (GPC), a residential care facility in Vancouver for people with physical disabilities.

5 - 5 - The project includes a Therapeutic Garden Club for GPC residents, a Growing Eden Garden for lowincome families, and an organic Market Garden that involves a Community Supported Agriculture program, with local families making a commitment to the garden at the beginning of the season by paying in advance for a portion of the garden s products throughout the growing season. Ten per cent of the Market Garden s flowers and produce are donated to GPC for its Community Kitchen and other GPC events. The Market Garden also serves as a demonstration garden, as well as a place where university students test out organic growing techniques and where local high school students learn about food production. There is some involvement of GPC staff in the running of the Therapeutic Garden Club for GPC clients, but other than that, Farmers on 57 th is self running with little input of resources from GPC. Downtown Intercultural Garden Society In 2010, the YMCA, Gordon Neighbourhood House, the West End Residents Association and Providence Health Care (PHC) collaborated to develop a community garden on PHC s St. Paul s Hospital s 4 th floor rooftop in Vancouver.

6 - 6 - The garden is composed of 100 window boxes circling the perimeter of the roof. The goal of the project is to provide a welcoming, inclusive space where people can grow healthy, organic food together and get to know their neighbours. The garden also provides a calm and healing environment for staff and patients, and for the broader community (the garden is a public space that anybody can access). Aside from now having a beautiful green space that staff and patients can use, St Paul s has benefited in other ways from more cost effective waste management (via composting in the garden) to increased safety (previously the un maintained, unused space was experiencing security issues) to ample good news press coverage. Other than some initial involvement during the development phase, the community garden at St. Paul s is run entirely by a non profit society with little input of resources from St. Paul s. Procedure The Basics Applicants are non profit organizations, social enterprises or certified B Corporations (these use the power of business to create public benefit) The involvement of VCH staff is at the front end assessing site suitability, reviewing an Expression of Interest (EOI), meeting with EOI applicant to set the terms. VCH Community Developers have offered to support Facilities and site management in facilitating food security and urban agriculture projects on VCH sites in Richmond, Vancouver, the North Shore and Sea to Sky areas. How involved VCH staff is after the project is up and running is up to individual sites. They may want: To encourage staff to participate for the benefit of staff wellness To take advantage of an opportunity for client/patient involvement for therapeutic purposes. To maximize the project as a way to be a good neighbour, a model corporation, and to engage community The above would be negotiated between site management and the non profit organization/social enterprise prior to all parties signing the Community Garden License Agreement. The project should require VCH to input few additional financial resources. This would be negotiated between all parties prior to signing the Community Garden License Agreement. The Community Garden License Agreement is a legal document developed by VCH Facilities and VCH Legal departments. It protects VCH from all aspects of risk involved with the project. The food security and urban agriculture projects are temporary and easily removed at the expense of the non profit organization or social enterprise.

7 - 7 - Expression of Interest from External Party If a community organization, social enterprise or B Corporation expresses an interest in developing a food security or urban agriculture project on a VCH site, they should submit a short Expression of Interest (EOI) see below. The EOI would be reviewed by site management and Facilities. EXPRESSION OF INTEREST FOOD SECURITY OR URBAN AGRICULTURE PROJECT For: Community organizations or social enterprises interested in developing a food security or urban agriculture project on a VCH site. Step 1 Criteria If you are interested in submitting an application to Vancouver Coastal Health (VCH) for a new urban agriculture project on a VCH site, please first ensure that you meet the basic criteria below: You must: o be a registered non profit society or a social enterprise or a certified B Corporation o have general liability insurance o have adequate funds to cover the entire development and operating costs of the project Step 2 Expectations Your urban agriculture project must not: o involve animal husbandry (bees may be an exception in some cases) o involve unsustainable gardening or farming practices o use pesticides, insecticides, or chemical fertilizers o be a for profit, private operation whose primary and only objective is to make money Step 3 Expression of Interest If you meet the criteria and expectations in Steps 1 and 2, you may submit an Expression of Interest (EOI). Please keep the EOI to a maximum of 2 pages and include the following information: Name of your non profit society, social enterprise, or B Corporation. Name and contact information of the main person or people involved. Which site do you have in mind for your urban agriculture project and why? Briefly describe what you have in mind for your project approximate size, purpose, etc. Describe how VCH and/or this particular VCH site will benefit from the project. List other key stakeholders and briefly describe how each will benefit from the project. What are some of your expectations around what would be the role and contribution of VCH to your project? What is the approximate duration of the project? (1 year? 5 years? etc.) What start date do you have in mind?

8 - 8 - Site Suitability If an EOI is approved, a site assessment should be done (see below). Site History o Historical Uses: who used the site and for what activities? o Current Uses: who uses it now and for what activities? o Contamination: any possible sources from historical uses or neighbouring activities and what types of contaminants? Physical Assessment o Size of Area: is it large enough to suit the projects needs? o Water: availability, supply, access? o Slope and Drainage: sufficient or will amendments be required? o Exposure: how exposed are different parts of the site to light, wind, runoff? o Biological Problems: presence of invasive species, noxious weeds, pests? o Space for Structures (e.g., storage units, compost bins, etc.): is there sufficient space? Access and Safety o Transportation: proximity to public and self propelled transportation? o Parking: is there access to parking? o Inclusive Accessibility: can the site be accessed by people with physical disabilities? o Personal Safety: are there features that might negatively affect personal safety and security? Other Questions o Will the project site be visible to the surrounding community? o Is the site located away from dumpsters? o Is fencing required? o Other concerns or comments?

9 - 9 - Project Proposal Application by External Party If a site is deemed suitable for the project idea expressed in the EOI, the external party should submit a project proposal (see below). It should be submitted to Facilities and site management. If they like the proposal, VCH stakeholders should meet with the applicant to iron out the details. FOOD SECURITY OR URBAN AGRICULTURE PROJECT PROPOSAL APPLICATION FORM For: Community groups, social enterprises or B Corporations submitting a project proposal for a food security or urban agriculture project on a VCH site. Basic Criteria check all that apply: o We are a registered non profit society, social enterprise, or certified B Corporation o We have general liability insurance. o We have adequate funds to cover the entire development and operating costs of the project (e.g., soil, tools, seeds, composter, signage, administration costs, etc.). Expectations check all that apply: o Our project does not involve animal husbandry (bees may be an exception in some cases). o Our project does not involve unsustainable gardening or farming practices (e.g., inadequate drainage, invasive plant species, etc.). o Our project will not use pesticides, insecticides, herbicides, or chemical fertilizers. o Our project will not use tires. o We are not a for profit, private operation whose primary and only objective is to make money. 1. Basic info: Date/Contact Information/Proposed project location 2. Describe your organization, its mandate and why you are interested in developing a food security or urban agriculture project. 3. Do you have any experience in community gardens and/or urban agriculture? 4. Describe the project. What is the purpose of the project? What does it aim to do and for whom? And what is your long term vision for the project? 5. Garden Design How big will the garden be? Who will be designing it and who will be installing it? What kinds of plants will be grown? What will be the production techniques used? (e.g., in soil, raised bed, greenhouse, etc.) Provide a site plan with details of the garden design such as where specific elements of the garden will be located and an idea of what materials will be used for plants, walkways, etc. o Indicate scale on your drawing and which way is north. o o Show how the garden relates to the surrounding property. Note: the site plan that is submitted with the application may be somewhat conceptual. It is not expected to be the final plan for the site. However, provide as much detail as possible in this early phase. 6. Other Project Components Are there education or training opportunities? If yes, what and for whom? Is there any food preparation or processing involved? If yes, please provide details. Will your garden be accessible for people with disabilities? If yes, how?

10 Project Proposal Application by External Party, cont. 7. What kind of storage will you be needing? For what? What is your plan for this? 8. Garden Maintenance Who will be maintaining the garden? How will the garden be watered? How will the garden be fertilized? What is your plan for pest control? Will the garden be used year round? 9. Community Engagement: Has there been and/or will there be any community involvement in the development or implementation of this project? If yes, who has/will be involved and how? 10. Volunteers Will the project involve volunteers? If yes, how? Who will do the volunteer recruitment and management? What kind of orientation and training will the volunteers get? 11. VCH as a Stakeholder What are your expectations of the role of VCH in your project? How will VCH benefit from participating in the project? 12. Other Stakeholders If not already covered in other sections of the application: Who are the other stakeholders in your project? What is the role of each stakeholder? How will each benefit from your project? 13. Waste management What is your plan for managing non compostable waste generated by your project? What is your plan for managing compostable waste generated by your project? o If you are proposing to compost VCH waste, please elaborate on this idea. Will this be consistent throughout the year? 14. Financial Operations: What is your expected annual operating budget? What will be your sources of revenue? Note: in general, VCH does not fund urban agriculture projects 15. Accountability: Will you be reporting on the outputs and outcomes of your project? If yes, what kind of information, to whom, how and how often? 16. Timelines Is this a short term or a long term project? When would construction of the project begin? How long would construction take? When would the first planting begin?

11 Proposal Review by VCH Reviewer Discussion Questions When reviewing a proposal for an urban agriculture project, consider the following questions: 1. Is the form complete with no missing information? 2. Did they check everything under the Basic Criteria section? 3. Did they check everything under the Expectations section? 4. Does the project sound like a good fit for the site? Why or why not? 5. How will the project improve food security? 6. How will the project further VCH s commitment to environmental sustainability? 7. Will the project contribute to a healthier community in other ways? 8. Is there sufficient community involvement in the design and/or implementation of the project? 9. Is the project a social enterprise? 10. Do you have any comments or concerns about the design of the garden? 11. Do you have any comments or concerns about other components of the project? 12. Do you have any other comments or concerns about the proposal? 13. Do you have other questions for the community group that need to be answered before you could approve this application? 14. Does anyone else need to review the proposal before it can be approved? Some things VCH could consider contributing include: Space to grow food Free access to water Access to washrooms Use of meeting rooms Repairs as needed to existing infrastructure Involvement of staff like community nutritionists, et. al. Funding for basic operations and/or to specific programming that benefit clients and/or staff

12 VCH Community Garden License Agreement The following Community Garden License Agreement was developed by VCH Facilities and VCH Legal departments and is currently in use at VCH s George Pearson Centre (GPC). It outlines the roles and responsibilities of all parties involved and covers topics such as safety and security, liability, insurance requirements, dispute resolution and termination. Most of the GPC Agreement will be applicable to all projects, but some sections will need to be tailored to the specifics of each project and each site and based on what was negotiated between the parties involved. Below is a template for the Agreement. Brown font highlights areas that are specific to the garden at GPC. They have been left in to provide examples of other information that you may want to include in your Agreement. Note: After the signing of the Agreement, the health authority may want to arrange a site inspection/visit during the construction of the garden project and again at the end of the construction phase to ensure that everything is being done properly and safely. Community Garden Licence Agreement for [insert community organization name here] This Community Garden Licence Agreement (this Agreement ) dated for reference the day of, 20 is between Vancouver Coastal Health Authority ( VCHA ) and [insert community organization name here] (the Society ). BACKGROUND A. VCHA is the owner of the lands located at XXX West XXth Avenue, Vancouver, BC, which have the following legal descriptions: [from the Land Title Office] PID Lot 1 Block 1004 District Lot 526 Plan PID Lot 2 Block 1004 District Lot 526 Plan PID Lot 3 Block 1004 District Lot 526 Plan (the Lands )

13 B. The Society is a society incorporated under the laws of British Columbia and wishes to develop, operate and maintain community gardens on the portions of the Lands measuring approximately XXXXX square feet in total as shown in cross hatch on the drawing attached as Schedule A to this Agreement (all cross hatch areas being the Licence Area ). C. As part of VCHA s commitment to supporting healthy lives in healthy communities; strengthening food security, particularly with respect to disadvantaged populations; improving its environmental sustainability; and its involvement in community development; VCHA wishes to encourage sustainable urban agriculture on lands owned by it, and wishes to grant a licence to the Society to develop, operate and maintain a community garden at the Licence Area. 1. Grant of Licence Subject to the terms and conditions set out herein, VCHA, to the extent that it has the legal authority to do so but not otherwise, hereby grants to the Society and persons authorized or permitted by the Society pursuant to and for the purposes of this Agreement ( Garden Users ), the non exclusive licence to freely enter onto and move about on the Licence Area and to access or cross over portions of the Lands as reasonably necessary to make use of the Licence Area in accordance with this Agreement, and to use the Licence Area to develop, operate and maintain the following gardens and related programs: (c) (d) A therapeutic garden designed to meet the access needs of the residents of George Pearson Centre (the Therapeutic Garden ). The Therapeutic Garden may be used by residents, staff and volunteers of George Pearson Centre ( GPC ) who participate in a garden club (the Garden Club ) for horticultural therapy, education and social activities, and for other similar purposes. Some of the produce that is harvested from the Therapeutic Garden may be used in a juicing program for GPC residents who have difficulty chewing and swallowing. Flowers grown in the Therapeutic Garden may be cut and used in bouquets for communal rooms at GPC. An organic vegetable and flower garden which produces fruits, vegetables and flowers (the Market Garden ). Produce and flowers grown in the Market Garden may be sold to shareholders participating in a Community Supported Agriculture (CSA) program whereby members pay in advance at the beginning of a growing season to receive portions of the Market Garden s products throughout the growing season. The Market Garden may also be used as an educational tool to teach the local community and high school students about food production and to provide urban agriculturalists and university students with a learning space to test organic growing methods. As well, 10 percent of the Market Garden s produce and flowers will be allocated for use by GPC by its community kitchen or for GPC events. A three year garden project funded by the United Way of the Lower Mainland to benefit families who are living on low incomes, participating in income disability programs or are recent migrants to Canada (the Growing Eden Project ). The Growing Eden Project includes a garden and a community kitchen where participants can learn how to grow and prepare food and have the opportunity to create social connections. Small garden plots allocated for GPC staff, community members, local schools, family and friends of GPC residents and volunteers (the Neighbourhood Garden ). In this Agreement, the Therapeutic Garden, Market Garden, Growing Eden Project and Neighbourhood Garden shall be collectively referred to as the Garden.

14 Permitted Uses (c) The Society shall, at no cost to VCHA, use the Licence Area solely for the purposes set out in this Agreement and strictly in accordance with the terms and conditions herein. The Society shall not make any material change in the use of the Licence Area, or increase the size or change the location(s) of the Licence Area, without the prior written consent of VCHA. The Society shall not do or omit to do anything that would contravene any existing encumbrances and restrictions registered on the Lands at the Land Title Office. 3. No Representation and Warranty VCHA makes no representations and gives no warranties regarding the state of repair or maintenance of the Licence Area or of the suitability thereof for use in accordance with the purposes set out herein, and the Society accepts the Licence Area for the purposes of this Agreement in the condition in which it exists as of the Commencement Date. 4. Term This Agreement is granted for a one year period (the Term ) commencing on the day of, 20 (the Commencement Date ) and expiring at midnight on the day of, 20 (the Expiry Date ) unless earlier terminated or renewed in accordance with the terms set out herein. 5. Renewal Option Prior to the expiry of the Term, this Agreement may be renewed at the option of VCHA for a further period to be determined by VCHA in its sole discretion, by giving at least three months written notice to the Society. 6. Development, Operation and Maintenance of the Garden The Society shall develop, operate and maintain the Garden throughout the Term, including without limiting the generality of the foregoing, the following: (c) (d) (e) (f) (g) coordinate and manage the Garden and all related programs and projects including those programs and projects set out in Section 1; fund the general operations of the Garden and all related programs and projects including those programs and projects set out in Section 1; supply and replace as necessary, all garden materials, tools and equipment which shall be in good and useable condition; install and replace as necessary in accordance with Section 14, all garden structures (e.g., garden beds, compost system, planter boxes) which shall be in good and useable condition; select, coordinate and train gardeners for the Therapeutic Garden, Market Garden and Growing Eden Project; recruit, coordinate and train volunteers for the Growing Eden Project; create garden plots ( Neighbourhood Plots ) within the Neighbourhood Garden and allocate of the use of the Neighbourhood Plots to participants;

15 (h) (i) (j) (k) 7. Garden Club charge participants of the Neighbourhood Plots such fees for use of the Neighbourhood Plots as VCHA may approve from time to time; ensure that all Garden Users access and use the Licence Area and the Garden in accordance with the terms and conditions set out in this Agreement and abide by the Terms of Use attached as Schedule B; and obtain whatever permits, licenses or approvals as may be necessary from the appropriate governmental authority or other regulatory body having jurisdiction, for the development, operation and maintenance of the Garden, to the entire exoneration of VCHA. Clear the Garden by October 31 during the Term, with the exception of actively growing winter crops or perennials, and commence the development of next season s Garden (if applicable) no later than May 1 of the following year. VCHA shall recruit, coordinate and train volunteers for the Garden Club and provide at least one GPC staff person to assist with the Garden Club activities, particularly to attend to the medical needs of GPC residents who participate in the Garden Club. 8. Safety and Security VCHA shall ensure that GPC security guards include the Garden in their patrol of the Lands. The Society shall: (i) (ii) ensure that all Garden Users including the Society s members, employees, contractors, participants, volunteers and invitees participate in a safety orientation at the Garden prior to commencing any activities at the Garden or in the Licence Area; and immediately notify VCHA in the case of any accident or incident requiring medical or first aid attention, or in the case of any loss or damage to the Licence Area or Lands. 9. Electrical and Water Supply and GPC Storage The Society may use the electrical power and water supplies at the Licence Area to service the Garden. The Society may store its garden materials, tools and equipment in GPC s portable storage during the winter (the portable storage being identified as the Farmers Shed on the drawing attached as Schedule A). The Society alone shall bear the full risk and responsibility of any garden materials, tools, equipment and any other items it or any Garden User places in GPC s portable storage. 10. Indoor and Outdoor Greenhouses The Society may use the indoor greenhouse located inside the GPC buildings solely for the purposes set out in this Agreement, and strictly in accordance with the terms and conditions herein. The Society may install an outdoor greenhouse within the Licence Area, for use pursuant to this Agreement.

16 (c) The Society alone shall bear the full risk and responsibility of any garden materials, tools, equipment and any other items it or any Garden User places in either the indoor or outdoor greenhouses. 11. George Pearson Centre (c) 12. Licence Fees The Society and Garden Users may use the public washrooms at GPC. Upon the reasonable request by the Society to VCHA and subject to availability, the Society may use the meeting rooms and equipment (e.g., projector) at GPC, for indoor activities on occasion. VCHA shall provide the Society with a key to the Garden Club room located in Ward 1 for Garden Club activities. The Society shall pay to VCHA as licence fees the amount of $1.00 every year, payable on the Commencement Date and on each anniversary of the Commencement Date thereafter. 13. Other Charges and Expenses The Society shall pay as and when due all charges and expenses relating to its use of the Licence Area pursuant to this Agreement, including, without limitation: (c) 14. No Alterations any taxes, permits, licences and other fees any government body may charge, levy or assess in respect of the Society s use of the Licence Area pursuant to this Agreement; any charges for utilities, services or supplies any government body, utility or service provider may supply or provide to the Licence Area in relation to the Society s use thereof pursuant to this Agreement or at the request of the Society or any Garden Users, except water, electricity and sewage; any other expenses arising out of or in connection with the Society s use of the Licence Area or that of any Garden Users pursuant to this Agreement. The Society shall not construct, install or otherwise put in place or permit any Garden User to construct, install or otherwise put in place in the Licence Area or the Lands any improvement, fixture, garden structure (including garden beds, compost system, planter boxes), barrier or alteration, without first obtaining from VCHA its prior written consent and unless the Society complies with all conditions VCHA may impose in giving such consent. 15. Maintenance and Repairs VCHA shall maintain and repair existing water, sewage and electrical infrastructure located on the Lands, where such repairs are required as a result of reasonable wear and tear or where resulting from defects in materials or workmanship. The Society shall: (i) (ii) not do anything and will not permit any Garden Users to do anything in the Licence Area or on the Lands to damage them in any way; maintain the Garden and any improvements, fixtures, garden structures (including garden beds, compost system, planter boxes), barriers, alterations or chattels that, with VCHA s consent, it or any Garden User puts there, in good

17 (c) (iii) (iv) (v) 16. No Nuisance condition and in accordance with any directives by VCHA given from time to time; maintain irrigation systems throughout and around the perimeters of the gardens, and provide effective drainage for all irrigation activities; keep the Licence Area and the Garden in a sanitary, tidy and safe condition; not itself do anything and will not permit any Garden Users to do anything in the Licence Area or on the Lands to cause any part of the Licence Area or the Lands to be unsanitary, untidy or unsafe and will not install or leave anything within the Licence Area or any other part of the Lands without VCHA s consent. Any damage which may be occasioned to VCHA s property or works connected thereto, by the Society or any Garden User, shall upon notice from VCHA, be repaired by the Society to the reasonable satisfaction of VCHA. Alternatively, VCHA may at its option, repair such damage in which case the Society shall repay and reimburse VCHA for all reasonable costs and expenses incurred therein. The Society shall not do or permit any act or thing to be done at the Lands which is or would constitute a nuisance to the Lands, the Garden, the operations of GPC, the residents or staff of GPC, occupiers or other licensees of the Lands or any part thereof, or the public generally. 17. Pest Control The Society shall be responsible for pest management and control, and comply with any requirements from time to time prescribed by VCHA relating to the same. 18. Waste Management and Composting (c) (d) The Society shall remove all trash, rubbish, waste material and other garbage from the Licence Area on a regular basis. The Society shall bag non compostable waste generated by the Garden and all related programs and projects and place such bags in a designated waste removal area at GPC, to a maximum of 15 bags per year or as otherwise directed by VCHA from time to time. The Society may use the cardboard recycling bins at GPC to recycle cardboard waste generated by the Garden. The Society shall comply with, and shall ensure compliance with, all directives given from time to time by VCHA relating to its composting, recycling and waste management practices. 19. Environmental Management The Society shall: (c) not use synthetic or chemical pesticides, insecticides, herbicides or fertilizers on the Licence Area or elsewhere on the Lands; not use unsustainable gardening practices (e.g.: inadequate drainage, invasive plant species); comply with all applicable environmental laws and regulations;

18 (d) (e) (f) (g) 20. Compliance with Laws conduct its operations and activities at the Licence Area and Lands in a prudent and responsible manner with all due care, and use appropriate environmental mitigation measures whether or not directed by VCHA from time to time; not release or permit to be released any waste, hazardous waste, contamination, toxic substance, or any matter which is not waste, hazardous waste, contamination or toxic substance but which may pose a risk of harm to the environment or to human health or to the Lands; clean up and remediate, at its sole cost, any waste, hazardous waste, contamination, and toxic substance, or any matter which is not waste, hazardous waste, contamination or toxic substance but which may pose a risk of harm to the environment or to human health or to the Lands, that is released or permitted to be released, to the satisfaction of VCHA and any applicable governmental authority; and provide all information to VCHA concerning any failure of the Society to comply with any applicable environmental laws and regulations or relative to any pending or threatened investigation or proceeding concerning any environmental matters relating to the Licence Area or Lands. The Society shall abide by and comply at its sole expense with all applicable laws, regulations, and requirements of federal, provincial, municipal and other governing authorities. 21. Access VCHA and any of its directors, officers, employees, servants, agents, contractors, patients, residents of GPC, volunteers and invitees shall, at all times and for all purposes, have full and free access to the areas used by the Society pursuant to this Agreement. 22. Society Accountable The Society shall be responsible and accountable for its directors, officers, employees, members, servants, agents, contractors, volunteers and invitees, all Garden Users and any assignees and sublicensees and their respective directors, officers, employees, members, servants, agents, contractors, volunteers and invitees, and: all of the terms and conditions of this Agreement shall extend and apply to all such persons, in the interpretation and for all purposes of this Agreement; and the Society shall ensure compliance and performance by all such persons with all of the terms and conditions of this Agreement. Any failure, breach or default on the part of any of such persons to comply with the terms and conditions of this Licence shall be treated as and shall constitute failure, breach or default by the Society under this Agreement. 23. Release and Indemnity The Society hereby releases and shall indemnify VCHA and any of its directors, officers, employees, servants, agents, contractors, patients, residents of GPC, volunteers and invitees from any and all loss, liability, claim, cost, injury, damage or expense of any nature whatsoever resulting from or arising out of: any act or omission including any negligence by the Society or any of its directors, officers, employees, members, servants, agents, contractors, volunteers and invitees

19 and all Garden Users, in connection with this Agreement, or the use or occupation of the Garden, the Lands, or other property owned by VCHA; and any breach, violation or non performance by the Society of the terms and conditions set out in this Agreement, including, without limiting the generality of the foregoing, any failure to comply with, breach or contravention of Section 19, except to the extent that such loss, liability, claim, cost, injury, damage or expense results from or arises out of the sole and independent negligence of VCHA. This Section 22 shall survive the expiry or termination of this Agreement. 24. VCHA Not Liable VCHA (including its directors, officers, employees, servants and agents) shall not, under any circumstances, be liable or responsible in any way for: (c) (d) 25. Insurance (c) (d) any loss or damage, however caused, to any property belonging to the Society or any of its directors, officers, employees, members, servants, agents, contractors, volunteers and invitees and any Garden Users, while such property is entrusted to the care and control of VCHA; any loss or damage to any property belonging to the Society or any of its directors, officers, employees, members, servants, agents, contractors, volunteers and invitees and any Garden Users, including any loss or damage caused by theft, breakage, fire, steam, water, rain or snow, or attributable to electric or other wiring or caused by smoke; any loss or damage, however caused, by anything done or omitted to be done by any GPC resident, staff or volunteer, or any other occupant or other licensee of the Lands or any part thereof; and any loss or damage against which the Society is obliged to insure against hereunder, or has insured against. The Society shall, without limiting its obligations or liabilities herein and at its own expense, obtain and maintain general liability insurance with a limit of not less than two million dollars ($2,000,000) inclusive per occurrence for bodily injury or death and property damage or loss arising by virtue of the use by the Society of any property belonging to VCHA, including the Licence Area and the Lands, and any activities carried on in relation to the Garden. All insurance obtained by the Society shall indemnify and protect the Society and its directors, officers, employees, members, servants, agents, contractors, volunteers and invitees and all Garden Users, and shall name VCHA and its directors, officers, employees, servants, agents, contractors, patients, residents of GPC, volunteers and invitees, as Additional Insureds. All insurance shall be with insurers licenced in British Columbia and in forms and amounts acceptable to VCHA, and will provide VHCA with 60 days prior written notice of material change or cancellation. The Society shall provide VCHA with evidence of all required insurance prior to the Commencement Date of this Agreement.

20 (e) (f) 26. Dispute Resolution Each policy of insurance shall contain a waiver by the insurer of any rights of subrogation. The Society shall, at its expense, provide any additional insurance as it may consider necessary or as may from time to time be required by VCHA. In the case of a dispute between the parties relating to or arising out of this Agreement: (c) (d) (e) (f) 27. Termination Either party may notify the other by written notice of the existence of a dispute and a desire to resolve the dispute by relationship building, interest based mediation. A meeting will be held promptly between the parties, attended by individuals with decision making authority regarding the dispute, so to attempt in good faith to negotiate a resolution of the dispute. If, within 10 business days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation and to bear equally the costs of mediation. The parties will jointly appoint a mutually acceptable mediator, seeking assistance from the British Columbia International Commercial Arbitration Centre if they have been unable to agree upon such appointment within 20 business days following the conclusion of the negotiation period. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of 20 business days following appointment of a mediator or for such longer period as the parties may agree. If the parties are not successful in resolving the dispute through mediation within 20 business days, or if the mediation has not commenced within forty 40 business days following the delivery of the notice, then the parties agree that the dispute will be settled by a single arbitrator in accordance with the Commercial Arbitration Act (British Columbia) as may be amended or replaced from time to time. The costs of mediation will be shared equally between the parties. Costs will not include costs incurred by a party for representation by counsel. The Society may terminate this Agreement at any time in its sole discretion by giving six months written notice to VCHA. VCHA may terminate this Agreement at any time, without limitation to any other rights or remedies it has under this Agreement or by law, and without any compensation, damages or any other payment payable to the Society: (i) (ii) (iii) if the Society becomes insolvent or bankrupt; if the Society fails to remain in good standing as a society incorporated under the laws of British Columbia or ceases to exist as a society; if the Society fails to comply with any of the terms and conditions of this Agreement and fails to cure such default within 30 days after receipt of a written notice from VCHA, or such other period as may be directed by VCHA;

21 (iv) (v) (vi) (vii) (viii) (ix) 28. Obligations on Expiry or Termination (c) (d) if the Society abandons the Garden for a period of more than 30 consecutive days between March 1 and October 31 in any year of the Term; in the case of substantial damage to or destruction of the Garden, the Licence Area or the Lands; in the case of any wilful or negligent damage to the Licence Area or Lands caused by the Society or by any Garden User; in the case of any material change in the use of the Licence Area by the Society without the prior written consent of VCHA; if the Licence Area, Lands or any other portion of the Lands is sold, subdivided or designated by VCHA for redevelopment, upon two months written notice to the Society; or in VCHA s sole discretion, upon giving two months written notice to the Society. Upon the expiry or termination of this Agreement, VCHA may retake possession of any areas used by the Society under this Agreement, and the Society shall, at its own cost: (i) (ii) (iii) (iv) (v) (vi) remove its property (and the property of any Garden User) from the Licence Area and the Lands; have the option to remove the top soil of the Garden; remove all of waste, debris and garbage from the Licence Area; remove from the Licence Area and Lands all improvements, fixtures, garden structures (including garden beds, compost system, planter boxes), barriers or alterations, and repair any damage caused by such removal; leave the Licence Area in a clean and tidy condition, and if directed by VCHA, restore and level the Licence Area to the extent directed by VCHA and to a condition satisfactory to VCHA; and vacate and cease use of the Licence Area. Upon failure of the Society to remove its property, improvements, fixtures, garden structures (including garden beds, compost system, planter boxes), barriers or alterations, the same shall become the property of and vest in VCHA, without any right of compensation on the part of the Society. Upon failure of the Society to perform its obligations under this Section 28 or if the performance is not to the satisfaction of VCHA, VCHA may perform the same and the Society shall reimburse VCHA for its costs thereof. This Section 28 shall survive the expiry or termination of this Agreement. 29. Redevelopment Consultation VCHA will make reasonable efforts to consult with the Society and to investigate the potential of incorporating the Garden in its redevelopment plans for GPC and the Lands.

22 No Assignment Unless VCHA gives the Society prior written consent, and except as provided for herein, the Society shall not transfer or assign this Agreement or any interest in it, grant any sub licence for the Garden or any other part of the Lands or otherwise share possession of all or any part of the Garden. 31. No Transfer on Bankruptcy Neither this Agreement nor any interest of the Society herein shall pass or enure to the benefit of any trustee in bankruptcy or any receiver or any assignee for the benefit of creditors of the Society or otherwise by operation of law. 32. Notices All notices, requests, demands or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by facsimile, electronic mail (e mail), portable document format (PDF) transmission, personal delivery or by registered mail, postage prepaid, addressed to the other or delivered to the other party as follows, or such other addresses as a party may notify the other parties of in writing, and will be deemed to be delivered upon delivery or upon successful electronic transmission: If to the Society: [Society s mailing address] Attention: [contact name] Phone: If to VCHA: Supervisor, Facilities Maintenance & Operations [Address of the health authority site where the garden is being operated] Attention: [contact name] Phone: with a copy to: 33. Nature of Licence Director, Real Estate, Leasing & Property Management Lower Mainland Facilities Management # nd Ave Surrey, BC, V3T 0H1 Attention: Robert Guenther Robert.guenther@fraserhealth.ca Phone: This Agreement does not create and will not be deemed to create, any interest in land in the Lands or any part thereof and will not be registered on title thereto, and this Agreement is personal to the Society.

23 Entire Agreement This Agreement constitutes the entire agreement between VCHA and the Society with respect the subject matter set out herein, and supersedes all prior agreements, understandings, representations and discussions whether oral or in writing pertaining to the subject matter set out herein. 35. Governing Law The laws of British Columbia will govern the interpretation and enforcement of this Agreement, and VCHA and the Society attorn to the jurisdiction of the courts of British Columbia. 36. Amendment No amendment to this Agreement will have any effect unless it is in writing and VCHA and the Society have signed it. 37. No Waiver The fact that VCHA or the Society waives a default or any provision herein shall not be construed to mean that VCHA or the Society waives any other default or any other provision herein. 38. Severability If a court or arbitrator finds any provision of this Agreement invalid, illegal or unenforceable, it shall be severed from this Agreement and the remainder of the Agreement shall be enforceable. 39. Continuing Effect This Agreement will enure to the benefit of and bind VCHA and its successors and assigns and the Society and its successors and permitted assigns. 40. Joint and Several If the Society consists of more than one legal entity, the obligations of such entities under this Agreement shall be joint and several. 41. Freedom of Information and Protection of Privacy Act The Society acknowledges and agrees that VCHA is subject to the Freedom of Information and Protection of Privacy Act (British Columbia) and may be required to disclose or release information under this legislation, including this Agreement and associated records and information, in whole or in part.

24 IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. Vancouver Coastal Health Authority by its authorized signatory: Name: Title: Department: [Society s name] by its authorized signatory: Name: Title: This is the signature page of the Community Garden Licence Agreement between Vancouver Coastal Health Authority and [insert Society s name here].

25 SCHEDULE A Licence Area

26 SCHEDULE B [Insert name of the garden] Community Garden Terms of Use The following rules apply to all participants at the XXXXXXXXX Garden (the Garden ). Each participant agrees to abide by the following rules as a condition of participation at the Garden. 1. All visitors are welcome but please do not pick anything without asking. 2. The Garden is open from 8am to 9pm daily. 3. Synthetic or chemical pesticides, insecticides, herbicides or fertilizers are NOT ALLOWED in the garden. 4. Please keep noise levels to a minimum when around the Neighbourhood Plots and table top gardens, as these are located near neighbouring backyards. 5. Participants are responsible for planting, cultivating and maintaining their own plots. 6. Keep the area outside your plot weeded and trimmed. Paths should be kept level and clear to allow access for wheelchairs, strollers, etc. Please stay on the pathways. 7. Treat communal gardening tools with care. Clean tools and return them to the storage area when done being used. 8. Wind up hoses before storing. All electrical cords must be put away after use. 9. Under no circumstances are communal gardening tools to be taken from the vicinity of the Garden. 10. Do not leave garbage or debris in the storage area and please help keep the storage area tidy and organized. 11. Taking items from plots other than your designated plot is considered theft and strictly prohibited. Please report any suspicious or illegal activity in the Garden by calling XXXXXX at [phone number]. 12. Personal valuables left unattended are at your sole risk. 13. If you must abandon your plot for any reason, please notify XXXXXXXXX at [phone number]. 14. Pets must be on leash and under control in the Garden and vicinity. Keep your pets out of the gardens and pick up after them! 15. Sprinklers are NOT ALLOWED please hand water your plants. 16. Dispose of weeds in the designated compost area ONLY. 17. DO NOT bring any food waste from outside of the Garden for composting. 18. DO NOT grow tall plants if they will shade neighbouring plots. 19. Participants in non compliance with these rules, or exhibiting disrespectful, abusive or destructive behaviour may be asked to leave the Garden and lose all gardening privileges. 20. Neglected plots will be re assigned without refund. 21. The planting of trees, invasive plant species is NOT ALLOWED and you will be asked to remove these items immediately. 22. Please wipe your shoes well before using the public washrooms at [health authority facility]. 23. All plots must be cleared by October 31 with the exception of actively growing winter crops or perennials. The development of next season s plot must commence no later than May 1. If you have any questions, suggestions or complaints, please contact XXXXXX at [phone number].