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HomeMy WebLinkAboutCR 25-15 Ci °0 =T- Report to Executive Committee I - Report Number: CR 25-15 Date: December 7, 2015 From: , Marisa Carpino Director, Culture & Recreation Subject: Reciprocal Use of Facilities Agreement - Durham Catholic District School Board - File: A-1100 Recommendation: 1. That the Mayor and Clerk be authorized to execute a Reciprocal Use of Facilities Agreement pursuant to which the Durham Catholic District School Board will have use of City owned parks listed in Schedule A and the City of Pickering will have use of Board owned schools and school fields listed in Schedule B from January 1, 2016 to December 31, 2025, in the form included as Attachment 1, subject to such revisions as are acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: For the past several decades, the City of Pickering has had a verbal arrangement with the Durham Catholic District School Board regarding the Reciprocal Use of Facilities. In recent months, City staff have worked with Durham Catholic District School Board staff to establish a written Reciprocal Use of Facilities Agreement that reflects this long standing verbal arrangement. The Reciprocal Use of Facilities Agreement, as per Attachment 1, outlines the contractual arrangement between the City and the Board for the use of facilities owned by either party. In the agreement, the Board has use of City owned parks listed in Schedule A and the City of Pickering has use of Board owned schools listed in Schedule B. The Culture & Recreation Department recommends that the Reciprocal Use of Facilities Agreement with the Durham Catholic District School Board be executed for the period January 1, 2016 to December 31, 2025. Financial Implications: In exchange for the use of City owned parks adjacent to Pickering Catholic Schools on weekdays from 7:00 am to 5:00 pm, the City of Pickering has the use of Pickering schools belonging to the Durham Catholic District School Board on weeknights and weekends for a variety of the City's recreation and leisure CR 25-15 December 7, 2015 Subject: Reciprocal Use of Facilities Agreement Page 2 programs. The registration revenue for City programs that take place at Pickering Catholic School facilities totals $10,000 annually. Discussion: Over the past 20 years, the City of Pickering and the Durham Catholic District School Board have built a successful partnership with respect to the reciprocal use of facilities. As per the Agreement in Attachment 1, the City has use of Pickering Catholic Schools as listed in Schedule B for City educational, athletic and recreational purposes between 6:00 pm and 10:30 pm, Monday to Thursday, and 6:00 pm to 7:30 pm on Fridays and between 7:00 am and 11:00 pm on Saturday and Sunday from September 1 of any year to June 30 in the following year. In addition, City has use of Pickering Catholic Schools during summer months in accordance with the board policy at the time of the request. In exchange, the Durham Catholic District School Board has the use of City parks listed in Schedule A of the attached Agreement for education, athletic and recreational purposes between the hours of 7:00 am and 5:00 pm, Monday through Friday, from September 1 in any year to June 30 in the following year. These City parks are already maintained by City staff for use by the general public and permit holders. This verbal arrangement has enabled the City of Pickering to offer quality recreation and leisure programs at school facilities which staff could not otherwise offer due to limited municipal facilities (specifically as it relates to gymnasiums). Such municipal programs include Spanish language classes and competitive/recreational volleyball for which the City generates approximately $10,000 annually in program revenue through registration fees. This partnership also enables the City of Pickering to offer over 200 hours in free recreation programming each year at school facilities. This free programming is part of the City's "Free Teen Programs" for which the municipality is recognized as a Youth Friendly Community Builder— Gold Status by PlayWorks Ontario. Clearly, formalizing the long standing verbal arrangement with the Durham Catholic District School Board into a formal written Reciprocal Use of Facilities Agreement for a 10 year term ending December 31, 2025 with an option for a 10 year extension is an expression of the City's ongoing commitment to community development. Therefore, the Culture & Recreation Department recommend that the Reciprocal Use of Facilities Agreement with the Durham Catholic District School Board be executed for the period January 1, 2016 to December 31, 2025. Attachments: 1. Reciprocal Use of Facilities Agreement— January 1, 2016 to December 31, 2025. CORP0227-07101 revised CR 25-15 December 7, 2015 Subject: Reciprocal Use of Facilities Agreement Page 3 Prepared By: Approved/Endorsed By , ` ,/ • Marisa Carpino Ric and Holborn Director, Culture & Recreation Dir ,ctor, Engineering & Public Works t, Rob Gagen Paul B•• -• Supervisor, Parks Operations Direc •r, or'orate Services & City 'olicitor :mc Recommended for the consideration of Pickering City Council CP11(1111 /k/01)--, 20/5 Tony Prevedel, P.Eng. Chief Administrative Officer • CORP0227-07/01 revised ATTACHMENT# � TO REPORT# CR 25- I S This Reciprocal Use of Facilities Agreement made January 1, 2016. BETWEEN: O'�C DISiR1pT�,S 1► m Durham Catholic District School Board hereinafter called the "Board" • o % i og Of The First Part, -and- City.4 _- •? •-,_ The Corporation of the City of Pickering hereinafter called the "City" Of The Second Part. For the use of the facilities as outlined in Schedules A and B attached. Whereas the Board is a board as defined in section 1 (1) of the Education Act(Ontario), as amended, and as such is the owner of certain school buildings and lands within the geographic boundaries of the City of Pickering which facilities are used by members of the public and various community groups for both private and City-sponsored activities; and Whereas the City is an area municipality within the Regional Municipality of Durham and is the owner of certain parks and recreational buildings within the geographic boundaries of the City of Pickering which facilities are used by members of the public (including students enrolled in Board schools) and various community groups for both private and Board-sponsored activities; and Whereas the City has the authority under section 94 of the Municipal Act(Ontario), as amended, to operate and manage recreational areas, playgrounds, athletic fields, auditoriums, community recreation centres and other places of recreation and amusement; and Whereas each of the Board and the City wishes to enter into a reciprocal use agreement to provide for the use by the other of certain of its facilities, and for the use of the Board's facilities by certain community groups acting under the auspices of the City; Now Therefore This Agreement Witnesseth That, in consideration of the sum of$2.00 now paid by each to the other, the receipt of which by each is hereby acknowledged, and of the terms and conditions herein set out, the Board and the City covenant and agree as follows: 1 1. Term of Agreement (1) This Agreement shall be in effect for a term of ten years, beginning January 1, 2016 and expiring December 31, 2025 unless it is extended or earlier terminated pursuant to this section. (2) Despite the provisions of subsection (1), upon the expiry of the term hereof, or of any extension of the term hereof, the term of this Agreement shall be deemed to be extended for a further period of ten years, upon the same terms and conditions as are contained herein (including this provision for extending the term of this Agreement), unless either the Board or the City, at least six months before the expiry of the term or any extension thereof, gives written notice to the other of its intention to terminate the Agreement upon the expiry of the current term. 2. Assignment of Agreement Neither party shall assign any of its rights or obligations hereunder to any person without the prior written permission of the other party. 3. Notice (1) Any notice given under any provision of this Agreement shall be sufficiently given if faxed to the fax number set out below and personally served upon, or . mailed by prepaid ordinary mail to, (a) in the case of notice to the Board, Director of Education Durham Catholic District School Board 650 Rossland Road West Oshawa, Ontario L1J 7C4 Fax: 905.571.9702 (b) in the case of notice to the City, Director, Culture & Recreation The Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Fax: 905.420.2596 • 2 (2) Any notice personally served in accordance with subsection (1) shall be deemed to have been given on the next business day following the day of service. (3) Any notice served by ordinary mail in accordance with subsection (1) shall be deemed to have been given on the sixth calendar day following the day of mailing. (4) Any notice sent by electronic means in accordance with subsection (1) shall be deemed to have been given on the next business day following the day of electronic transmission. 4. Interpretation (1) The Schedules attached hereto shall form part of this Agreement. (2) In this Agreement, the term "force majeure" means acts of God, strikes, lockouts or other labour disturbances, civil disturbances, acts of a public enemy, wars, riots, sabotage, epidemics, landslides, snowslides, lightning, earthquake, fire, storm, flood, washout or explosion and any other event or occurrence beyond the reasonable control of the Board or the City, as the case may be, whether or not of the nature of those mentioned above. (3) This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns. 5. Board Use of City Park Facilities (1) The Board shall have the non-exclusive use of facilities within or associated with the City parks listed in Schedule A attached hereto for student educational, athletic and recreational purposes between 7:00 am to 5:00 pm, Monday through Friday, from and including September 1 in each year to and including June 30 of the following year, except school holidays, without the need for a City permit authorizing such use. In order to facilitate City planning for maintenance, schools are required to request no fee permits from the City for tournaments and special events not less than 14 days before the proposed event. (2) The Board shall have priority over any other user other than the City or a City-sponsored organization for the use of the City parks listed in Schedule A (with the exception of Woodsmere Park) for the purposes set out in subsection (1) at all other times between September 1 in any year and June 30 in the following year, subject to permits issued by the City and any terms and conditions, including payment of a permit fee, that the City may reasonably attach to the issuance of those permits. 3 (3) The use of any park by the Board pursuant to this section shall include the use of any available, (a) baseball or softball diamonds, (b) parking facilities, (c) playground equipment, (d) football or soccer fields and posts, (e) track and field facilities, and (f) skating surfaces, (4) The use of any park by the Board pursuant to this section shall not include the right to the following without the prior written permission of the City: (a) to erect, construct or install any feature, thing or apparatus in the park, (b) to remove, reconstruct or change any feature, thing or apparatus in the park, or (c) to bring or drive any vehicle into the park (except into any parking facility in the park). The use of any park and facilities therein by the Board pursuant to this Agreement shall be subject to the regulations set out in Schedule A attached hereto the contravention of any of which may result in the City, in its sole discretion, suspending the Board's right to use the facility or park in question for up to thirty days or revoking the Board's permit to use the facility or park, or both. (5) The Board shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any park and facilities therein by the Board and the Board shall indemnify and save harmless the City of and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the City, its servants, agents or employees. (6) The Board shall name the City as an additional insured with respect to the City parks listed on Schedule "A" on the Board's liability insurance policy. (7) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the City shall keep and maintain the parks and facilities therein in good condition, at its sole expense, so that they are available for the Board's use. 4 (8) The Board shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the parks as a result of the Board's use or occupation thereof pursuant to this section. 6. City Use of Board School Facilities (1) Weekdays: The City shall have the non-exclusive use of facilities within or associated with the Board's schools listed in Schedule B attached hereto for City educational, athletic and recreational programme purposes between 6:00 pm and 10:30 pm, Monday through Thursday and 6:00 pm to 7:30 pm on Fridays during the school year (September to June) , except for public holidays the day before PA Days, PA Days, and Board holidays (including: March Break, Easter Monday and Catholic Education Week). (2) Weekends: The City shall have the non-exclusive use of facilities within or associated with the Board's schools listed in Schedule B attached hereto for City educational, athletic and recreational programme purposes between 7:00 am and 11:00 pm on Saturdays, and Sundays during the school year (September to June) except for public holidays and Board holidays. (including: March Break, Easter Monday and Catholic Education Week). Weekend use is to subject to permits issued by or on behalf of the Board and any terms and conditions, including payment of a permit fee that the Board may reasonably attach to the issuance of those permits. (3) Summer(during the month of July and August): The City shall have the non- exclusive use of facilities within or associated with the Board's schools listed in Schedule B attached hereto for City educational, athletic and recreational programme purposes based on the Boards Community Use of School policy at the time of the request. (4) The use of any facility within or associated with a school by the City pursuant to this section shall include the use of any available, (a) desks, tables and similar furniture, (b) dressing and change rooms, (c) parking facilities, (d) sports equipment in the nature of nets, goal and hoops, (e) washroom facilities, (f) baseball or softball diamonds, (g) playground equipment, (h) football or soccer fields and posts, 5 (i) track and field facilities, and (j) skating surfaces, (5) The use of any facility within or associated with a school by the City pursuant to this section shall not include the right to do the following, without the prior written permission of the Board: (a) to erect, construct or install any feature, thing or apparatus in the facility or school, (b) to remove reconstruct or change any feature, thing or apparatus in the facility or school, or (c) to bring or drive any vehicle onto the school grounds (except into any parking facility associated with the school). (6) The use of any facility within or associated with.a school by the City pursuant to this Agreement shall be subject to the regulations set out in Schedule B attached hereto.the contravention of any of which may result in the Board, in its sole discretion, suspending the City's right to use the facility or school in question for up to thirty days or revoking the City's permit to use the facility or school, or both. (7) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Board shall keep and maintain the schools and facilities therein or associated therewith in good condition, at its sole expense, so that they are available for the City's use. (8) The City shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any school and facilities therein or associated therewith by the City and the City shall indemnify and save harmless the Board of and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the Board, its servants, agents or employees. The City shall name the Board as an additional insured with respect to the Schools listed on Schedule B on the City's liability insurance policy. (9) The City shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the schools as a result of the City's use or occupation thereof pursuant to this section. 7. Community Use of Board School Facilities Community groups may have the use of facilities within or associated with the Board's schools subject to permits issued by the Board and to the terms and 6 conditions of any Board policy respecting such use and the issuance of such permits. 8. Dispute Resolution and Miscellaneous (1) Any dispute arising out of the administration of this Agreement shall be referred to a committee made up of the Chief Administrative Officer or designate, (on behalf of the City) and the Director of Education or designate (on behalf of the Board). Should the committee be unable to settle this dispute, it shall be referred to arbitration and settled under the terms of the Arbitration Act, 1991, as amended from time to time. (2) The parties agree to execute such further and other documents as are necessary to give effect to this Agreement. In Witness Whereof the Board and the City have hereunto affixed their corporate seals, attested their corporate seals, attested by the hands of their authorized officers. The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk Durham Catholic District School Board Anne O'Brien, Director of Education, Secretary/Treasurer Jim McCafferty, Chair of the Board 7 Schedule A Part 1 — City Parks Which the Board May Use Item Park Adjacent School City Owned Park DCDSB Owned School Dunmoore Park n/a Frenchman's Bay Father Fenelon Catholic School Ratepayers Memorial Park n/a Kinsmen Park n/a Rouge Valley Park n/a St. Mary Park St. Mary - Catholic Secondary School Southcott Park St. Wilfrid Catholic School Woodsmere Park St. Elizabeth Seton Catholic School Part 2 — Regulations for Use of City Parks by Board Item Regulations 1. The Board shall be responsible for the conduct and supervision of all persons involved in the Board activity in the park, whether those persons are spectators or participants. 2. The Board shall not cause or permit to be caused at the park any unusual or unnecessary noise that disturbs the peace, quiet or comfort of any person in any residence, institution or place of business within the City. 3. Games of chance, lotteries or gambling in any form shall not be permitted in any park. 4. The Board shall ensure that all persons admitted to the event in the park have vacated the park by 1700 hours. 5. If liquor of any type is to be served, sold or available at the event, the Board shall obtain all necessary permits and licenses and file a copy of each with the City at least two weeks prior to the event. 6. The Board shall not restrict the use of the park by other members of the public unless such use conflicts with the Board's use. 8 Schedule B Part 1 — Board Schools Having Facilities Which the City May Use Item School Buildings 1. Father Fenelon Catholic School (this school will be unavailable until Jan 2017) 2. St. Isaac Jogues Catholic School 3. St. Monica Catholic School 4. St. Mary Catholic Secondary School Part 2 — Regulations for Use of Board School Facilities by City Item Regulations 1. Board, School, Parish and/or Continuing Education functions have precedence at all times. The City shall be given priority thereafter. 2. The City shall be responsible to the Board for any misuse, damages to buildings, equipment and/or property and shall indemnify and save harmless the Board from any claims whatsoever by, or in respect of, any person or persons. 3. Smoking is not permitted under any circumstances within or on School Board property. 4. No animals except service animals shall be permitted in school buildings. 5. The school telephone will be available for Emergency Calls only. 6. Decorations and portable materials must conform to fire safety standards and to fire safety regulations of any municipality or provincial fire authority applicable to the school. Decorations must be installed without damage to school facilities or property. The permit holder accepts responsibility for any damage caused. 7. It is the responsibility of the City to set up and put away any tables, chairs or other equipment used unless other arrangements have been approved through the Community Use of Schools office. 8. Where custodial staff are kept after regular hours, interrupted from their normal duties for tasks related to the group's needs, or must spend additional time to clean any unusual mess left by the group, a charge may be levied against the City. 9 9. A Board employee shall open the building, secure the building at the completion of its use, handle facility emergencies that arise and generally protect the interests of the Board. 10. Food is not permitted in the Gym. 11. Only School or Parish dances are permitted in schools. If alcohol is to be consumed, it is the responsibility of the City to obtain a Liquor License and show proof of purchase of Party Alcohol Liability Insurance. A Custodian must be on duty at all times when alcohol is served. 12. Storage of the City's equipment must be approved by the Principal and noted on the permit. No liability is accepted for missing articles by the school or Board. School is not responsible for damaged or stolen articles. 13. White soled gym shoes must be worn in school gymnasiums. Other shoes are not permitted. Only plastic/composite hockey sticks are allowed. The use of wooden sticks is strictly prohibited. No permits will be granted for floor/ball hockey in our secondary schools. Only soft balls are allowed for baseball; floor hockey, squash and lacrosse activities. 14. Use of school facilities and/or equipment are restricted to those noted on the permit. The school Custodian cannot authorize use of any equipment. Additional requests must be made in writing to the Community Use of Schools office. The City may request the use of school equipment (balls, nets, poles, score clocks, bleachers, sound and visual equipment etc.) for which additional charges may be incurred. 15. Parking is only permitted in designated areas. Fire routes and driveways should not be blocked. Failure to comply may result in ticketing and/or towing. 16. Exits shall be kept clear from any obstruction at all times. 17. Equipment: (a) The City may be required to provide any or all necessary equipment. (b) Neither Board employees nor City employees are authorized to allow the use of any Board equipment not approved for use in the permit. (c) School instructional equipment will not generally be available for use. (d) Physical education equipment may be made available at no charge if requested in the permit application and approved by the school principal. (e) The City is responsible for the supervision and safety of users of Board equipment (f) Sound or lighting equipment may be made available at no charge if requested in the permit application and approved by the school principal. In order to use Board sound or lighting equipment, the City must make 10 arrangements through the school to have a trained student operate the equipment at the hourly rate set by the Board from time to time. (g) The use of any Board equipment shall be at all times subject to the supervision of Board employees. (h) Plans of stage settings or the use of special equipment must be approved by the Board's Superintendent of Facilities Services in consultation with the school principal in advance of the use date. (i) Wiring shall be made without the authority of the Superintendent, and all costs thereof shall be charged to the City. (j) Decorations shall conform to fire safety practices as recommended by the City's Fire Department, shall be limited to flame proof materials and shall not be attached to electric light fixtures or electrical outlets. (k) The delivery of stage equipment and the setting of stage properties shall be done outside school hours unless otherwise arranged with the school principal. (I) All equipment shall be removed immediately after the use unless otherwise arranged with the school principal. 18. Permits: (a) The issuance of a permit for Use of School premises shall not establish a contract of rental or otherwise between the Durham Catholic District School Board ("the Board") and any person or organization. The Board may at any time, regardless of whether a fee has been paid, withdraw the use of any facility, if in the opinion of the Board (in its unfettered discretion), the use to which the facility is to be or is being put, is not in the best interest of the Board or Community. (b) A permit is not valid until it has been received and accepted, and approved by the Community Use of Schools office. (c) The issued permit is for the use of the group named therein. The permit is not transferable nor extendable to include any other group. (d) Times specified on the permit must be strictly adhered to. Failure to comply may result in additional charges and/or cancellation of the permit. (e) A permit shall be required for the use of any Board school facility after normal school hours. (f) Written applications for permits for City use of Board school facilities shall be made to the Board's Community Use of Schools Department by the City's Department of Culture & Recreation not less than 14 days before the proposed date of use. The Board's Community Use of Schools Department will endeavor to process City applications for summer 11 programs within two weeks after the deadline for summer applications close. (g) Applications for permits for the use of Board school facilities shall be given the following priorities: 1. School purposes and Board programmes; 2. City recreation programmes; 3. Community recreation programmes and youth groups; 4. Ratepayer associations; 5. Other activities. (h) When making an application for a permit, the City's Culture & Recreation Department shall ensure that the facility required is available on the date and at the time requested by reviewing its own records and by contacting the Board's Community Use of Schools Department. (i) Permission to charge admission to the use, or sell a product or refreshment in the facility, may be granted if requested in the permit application. (j) When an additional Board custodial employee is provided, or when a regular Board custodial employee is required to work overtime, or when special circumstances warrant, custodial costs will be levied. (k) Payment of custodial and other costs shall be made by cheque within thirty days of receipt of the Board's invoice therefor. (I) If the City wishes to cancel the use of a facility, shall notify in writing the O Y , Y fY 9 Board's Community Use of Schools Department as early as circumstances permit but no later than five full business days before the proposed date of use. (m) Refunds or credits of custodial costs will be made upon a cancellation provided that the City notifies the Board's Community Use of Schools Department at least five full business days before the proposed date of use. (n) The City shall ensure that all persons admitted to the use vacate the Board's buildings and grounds promptly at the time specified in the permit. (o) If the. Board wishes to cancel a permit, notice shall be given as soon as possible, but no later than five full days prior to its effective date. (p) All community use of schools permits shall be automatically cancelled when schools are closed due to inclement weather, strikes or any other causes beyond the control of the Board. Rental fees will not apply. 12 (q) If the City is cancelling due to inclement weather please contact Community Use of Schools before 4:30 pm Monday to Friday or the on call supervisor for weekend permits (number listed on weekend permits). • 13