“Water Security for Every Sector, Deliver it. Sustain it.”
MEMORANDUM OF UNDERSTANDING
BETWEEN
WATER AND SEWERAGE AUTHORITY
AND
For the Adopt A River Program
REPUBLIC OF TRINIDAD AND TOBAGO
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter referred to as ‘MOU’) is made in duplicate the
day of 2017, BETWEEN the WATER AND SEWERAGE AUTHORITY of Trinidad and Tobago, a body corporate established under the Water and Sewerage Act, Chapter 54:40 of the Laws of Trinidad and Tobago with its principal offices situated at Farm Road, Valsayn, St. Joseph in the Republic of Trinidad and Tobago (hereinafter called ‘the Authority’) of the One Part and (NAME OF THE ORGANIZATION) a company incorporated under the Companies Act, Chapter 81:01 and having its registered office at (ADDRESS) in the aforesaid Republic (hereinafter called “the Adopter”) of the Other Part (“the Authority” and “the Adopter” being sometimes jointly referred to hereinafter as “the Parties”).
WHEREAS:
(a) The Authority has responsibility for, inter alia, the maintenance and development of waterworks, for administering the supply of water in the Republic of Trinidad and Tobago and the promotion of the conservation and proper use of water resources;
(b) The Adopter has expressed an interest to participate in the Authority’s Adopt a River Program (hereinafter referred to as “the Program”; and
(c) The Authority under and by virtue of its powers under the Water and Sewerage Act Chapter 54:40 and the Waterworks and Water Conservation Act Chapter 54:41 has agreed to permit the Adopter to Adopt a River as specified in Schedule 1 hereto and on the terms and conditions hereinafter expressed.
NOW THEREFORE the understanding of both Parties is set out as follows:
1. Definitions
1.1 For the purposes of this MOU, except where the context otherwise requires:
a) “Water Resources Agency” shall mean the Water Resources Agency of the Water and Sewerage Authority.
b) “Adopter” shall mean an individual, company or group who has signed on to the Adopt a River Program and whose application has been accepted by the Adopt a Secretariat.
c) “Adopt a River Secretariat” will be formed from members of the Water Resources Agency being persons appointed to manage the Adopt a River Program under the guidance of the Adopt a River Steering Committee.
d) “Adopt a River Steering Committee” shall consist of relevant stakeholders and shall have the responsibility for final project approval, funding allocation and auditing of projects.
e) “Adopt a River” is the process by which an organization actively participates or funds a watershed project as outlines in Section 4.1. Part E.
f) “Effluent” shall mean liquid waste or sewage discharged into the environment, which consists of harmful or toxic substances that can contaminate the natural environment.
g) “Non-point Source Pollution” shall mean pollution input from many diffuse sources.
h) “Watershed” shall mean a region drained by a stream, lake or other body of water. It is a basin-shaped area in which all water or precipitation, sediments and other materials will flow to the same outlet.
1.2 In this MOU:-
a) words in the singular include the plural, the masculine includes the feminine and neuter and vice versa, except where the context otherwise requires; and
b) Clause headings are included for convenience only and shall not be used in the interpretation of any clause.
2. Objectives
2.1 The overall objective of the ‘Adopt a River’ program is to bring awareness to local watershed issues and to facilitate the participation of the public and private sector entities in sustainable and holistic projects aimed at improving the status of rivers and their watersheds in Trinidad and Tobago.
2.2 The specific objectives of the ‘Adopt a River’ program are to:
a) Educate citizens of all sectors on water pollution issues locally, how they contribute towards the problem and how they can help.
b) Foster appreciation for the natural environment and by extension national pride whilst maintaining an open, sharing, facilitating atmosphere within the ‘Adopt a River’ project.
c) Promote a volunteerism ethic to benefit all levels of society.
d) Empower all users of water – private and public sector agencies, communities and schools – to protect water resources and participate in water resource management.
e) Facilitate the involvement of patrons and sponsors in stakeholder empowerment and resource management strategies.
f) Develop and making available the necessary tools for training and empowering local implementing agents and other role-players.
g) Ensure optimum efficiency, through involvement and linkages with other existing programs and water resource initiatives.
h) Manage the initiative towards achieving a change in culture and behaviour towards sustaining the health and aesthetics of a river.
3. Duration
3.1 Commencement
This MOU shall be effective on the date of signing and shall remain in full force and effect for one (1) calendar year (“the Agreement Period”) unless terminated earlier in accordance with the terms and conditions of this MOU.
3.2 Option to Extend
a) Upon the completion of the Agreement Period each Party shall have the right, by written notice to the other Party to seek an extension of the term of this MOU for a period to be determined by mutual agreement of the Parties.
b) This MOU may be extended only on terms and conditions mutually acceptable to all Parties.
4. Responsibilities of the Parties
4.1 The responsibilities of the Adopter will include:-
a) Subject to the approval of the Adopt a River Secretariat, the submission of a proposal in accordance with the objectives of the Adopt a River Programs and as detailed in Clause 1.2 above.
b) The appointment of a liaison to act on its behalf and will notify the Adopt a River Secretariat of the appointment in writing.
c) The engagement of stakeholders within the community in which the project is being undertaken.
d) The return of all unused materials and supplies provided by the Adopt a River Secretariat or other donating organizations.
e) The organization and participation in a minimum of two (2) projects during the term of this MOU. The Adopter will also be responsible for reporting to the Adopt a River Secretariat on the progress of the project.
f) Projects which should cover a minimum of three (3) of the following suggested projects for dealing with non-point source pollution:
(i) Education
(ii) Reforestation and rehabilitation exercises
(iii) Clean-up programs
(iv) Water monitoring programs
(v) School participation and competition
(vi) Community based projects
(vii)Voluntary Effluent Clean-up
4.2 The responsibilities of the Adopt a River Secretariat will include:-
a) The review of the proposal submitted by the Adopter and prior to approval will make such recommendations or amendments as are required for the effective completion of the projects.
b) The publishing of the approved projects in the Wednesday edition of the Trinidad and Tobago Daily Express newspaper as the first mode of informing the public of intended work in the project areas.
c) Collaboration with the Adopter to define the specific area of the project.
d) Advice to the Adopter and will monitor the progress of the projects and performance of the Adopter.
e) Other responsibilities:-
i) To guide the Adopter in order to ensure the success of the program;
ii) To provide background information on the watershed including safety literature;
iii) To develop miscellaneous policies;
iv) To recommend projects;
v) To coordinate and manage the Adopt a River Program;
vi) To communicate with all stakeholders;
vii) To facilitate meetings;
viii) To monitor projects;
ix) To collate documents and data;
5. Health, Safety, Security and the Environment
a) The Adopter will appoint a representative(s) with responsibility for training all participants, particularly to ensure conformance with health and safety practices.
b) When young persons under the age of 18 years are present during projects, the Adopter will ensure that there is adequate adult supervision in order to facilitate mentoring, training, water safety and first aid.
c) The Adopter will act in and ensure compliance with all rules, regulations policies and guidelines of the Adopt a River Secretariat regarding safety and use of rivers and waterways.
d) The Adopter will notify the Adopt a River Secretariat, in writing within fourteen (14) days, of all accidents, injuries, incidents of persistent pollution and any issue that may impact the project, the environment or the Authority in any way.
6. Relationship
This MOU shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligation or liability upon either Party and neither Party shall have any right, power or authority to enter into any Agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
7. Intellectual Property
The Authority shall retain copyright of all documents prepared by its employees or officers, or on its behalf. The Adopter shall be entitled to use or copy such documents only for the work and purpose for which they were intended, and need not obtain the Authority’s permission to use or to copy for such use.
8. Confidentiality
a) When a party discloses any information or object in any form under this MOU to the other party, the disclosing party shall in writing inform the receiving party of any confidentiality of intellectual property right attached to the information or object.
b) The receiving side shall observe confidentiality, subject to the Laws of Trinidad and Tobago.
9. Alternative Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this MOU, regarding the interpretation, application or implementation of the provisions of this MOU shall be settled amicably through consultation and negotiation between the two parties in accordance with the Laws of Trinidad and Tobago.
10. Termination
Either Party may terminate this MOU for what it considers to be just cause at any time upon two (2) calendar months prior notification in writing to the other party. In the event of such termination by either party, such terminating party will be required to satisfactorily discharge all liabilities and/or obligations that it has incurred up to the date of termination.
11. Indemnity
a) The Adopter shall complete the liability release form, as hereto attached in Schedule 2, acknowledging the potentially hazardous nature of the work involved and shall further keep the Authority fully indemnified at all times against any action, claim or demand of whatever nature, including loss or damage to property and equipment of the Authority where such claim, loss or damage arises from the gross negligent action of the Adopter, its servants and/or agents.
b) The Adopter shall meet all costs related to reparative works should its actions or that of its servants and/or agents exacerbate the issues within the adopted river/area.
c) The Authority shall keep the Adopter fully indemnified at all times against any action, claim or demand of whatever nature, including loss or damage to property and equipment of the Adopter or the Authority in relation to any matter, including matters of an environmental nature, arising out of the exercise of rights granted under this MOU, unless the loss, injury or damage or liability is due to the gross negligence of the Adopter, its servants and/or agents.
12. Notices
Any notice or another communication which is to be given hereunder shall be given or made in writing and shall be considered to have been so given made by personal delivery to the relevant address or by facsimile transmission containing the text of such information or other communication to the facsimile number of the Parties below:
THE AUTHORITY:
(Name of Representative)
Water Resources Agency
Water and Sewerage Authority
Farm Road,
St. Joseph
Tel:
Fax:
THE ADOPTER:
(Name of Representative)
Tel:
Fax:
13. Amendment
Either Party shall notify the other of the desire to change or modify the provisions of this MOU no fewer than sixty (60) days prior to the effective date proposed for such change and modification. The provisions of this MOU however shall not be changed or modified other than by the mutual agreement of the Parties in writing, such agreement not to be unreasonably withheld by either Party.
14. Assignment
Neither of the Parties shall assign or transfer this MOU or any part thereof to any other person, firm or corporation, save and except where such person, firm or corporation is wholly controlled by the Party so transferring or assigning, provided that such person, firm or corporation remains so controlled during the remainder of the term of this MOU.
15. Costs and Expenses
Save as otherwise stated in this MOU, each Party shall pay its own costs and expenses in relation to the negotiation, preparation, execution and carrying into effect of this MOU.
16. Applicable Law
The respective rights, privileges, duties and obligations of the Parties under this MOU shall be determined under and governed by the Laws of the Republic of Trinidad and Tobago.
IN WITNESS whereof the parties hereto have caused this MOU to be executed the day and year first before written.
SIGNED for and on behalf of the )
WATER AND SEWERAGE AUTHORITY )
by )
its Chief Executive Officer )
and )
its Corporate Secretary )
in the presence of:- )
SIGNED for and on behalf of the )
)
by )
its )
and )
its )
in the presence of:- )
Schedule 1
Adoptee Contact Information
Name of Adoptee (Organization or Group)
Name of Contact Person(s)
Email Address(es)
Contact Info Tel: Fax: Cell:
Project Details
Project Title
River to be adopted
Project Objectives
Location (Include length or area of river and description)
Project Rationale
Resources/Contribution (Financial, Human, Equipment, etc.)
Thematic Areas(s) covered
‘River Clean-up’
Establishment of community clean-up teams
Sponsorship of community competitions
Water quality monitoring for your organization/community/school
Educational and Awareness Program
Sponsorship of school competitions
Tree planting exercise
Water camps for kids
Other: (describe)
Other: (describe)
Proposed Activities and Timeline
Activity #1 Timeframe
Milestone: Projected Start Date
Activity #2
Milestone: Projected Start Date
Activity #3 Timeframe
Milestone: Projected Start Date