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October 17, 2016
Council Agenda Monday, October 17, 2016 Council Chambers 7:00 pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -Cr~od PlCKERlNG I) Invocation Council Meeting Agenda October 17, 2016 Council Chambers 7:00pm Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest Ill) Adoption of Minutes ' Page Council Meeting Minutes, September 19, 2016 1-17 Executive Committee Minutes, October 11, 2016 18-26 ·Planning & Development Committee Meeting Minutes, 27-29 October 11, 2016 IV) Presentations V) Delegation VI} Correspondence Carr. 45-16 Carr. 46-16 Carr. 47-16 Carr. 48-16 VII) Committee Reports Report 2016-08 of the Executive Committee VIII) · Reports -New and Unfinished Business Report CR 13-16 Report FIN 19-16 Report FIN 20-16 IX) Motions and Notice of Motions X} By-laws For information related to accessibility requirements please contact: Linda· Roberts 905.420.4660 extension 2928 lroberts@pickering.ca 30 31-44 45-49 50-149 150-151 152-161 --C~oJ PJCKERJNG XI) Confidential Council -Public Report XII) Other Business XIII) Confirmation By-law XIV) Adjournment Council Meeting Agenda October 17, 2016 Council Chambers 7:00pm For information related to accessibility requirements please contact: . Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca -Cif;j of-· - PlCKERlNG Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming R. Johnson B. Mclean D. Pickles Also Present: -Chief Administrative Officer Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers T. Prevedel P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn C. Rose D. Quaife D. Shields L. Roberts -Director, Culture & Recreation -Fire Chief -Director, Engineering & Public Works -(Acting) Director, City Development -Manager, Information Technology -City Clerk -Committee Coordinator (I) Invocation · Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. {II} Disclosure of Interest There were no disclosures of interest noted. (Ill} Adoption of Minutes Resolution #189/16 Moved by Councillor Mclean Seconded by Councillor Johnson Council Meeting Minutes, June 27, 2016 Executive Committee Minutes, September 12, 2016 Planning & Development Committee Minutes, September 12, 2016 1 Carried 1 2 --Ci~of- PJ(KERJNG Resolution #190/16 Moved by Councillor Brenner Seconded by Councillor Pickles Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers That the In Camera Council Meeting, July 21, 2016 and Special Council Meeting, July 21, 2016, be added to the Council Agenda and adopted. Carried (IV) Presentations 1. Canadian Food Truck Festivals Mayor Ryan welcomed Executive Director Ben Freeman from the Canadian Food Truck Festivals. Mr. Freeman stated that the Food Truck Festival was started three years ago across Canada as a means to give back to the community. He noted they have formed a partnership with Sick Kids Hospital, and through combined efforts of the City of Pickering with Richmond Hill and the City of Toronto, he presented a cheque in the amount of $35,959.75 to Sick Kids Hospital. Connie Bleeker was present to accept the cheque on behalf of Sick Kids Hospital. She also presented certificates of appreciation to the Canadian Food Truck Festival and the City of Pickering. (V) Delegations 1. Diversity and Immigration Community Report Card, Year Four · Region of Durham Samantha Burdett, Policy Advisor, Diversity and Immigration appeared before Council. . Through the aid of a power point presentation, she provided highlights of the four priority areas within the Diversity and Immigration Community Plan, reporting on the progress to date. She noted that the quality of service has improved, with the Welcome Centre seeing an increase of 50% in Ajax and Pickering, noting the success of the Mentorship Program. Ms. Burdett also congratulated the City of Pickering on the Pickering 101 program, noting it is currently one of the most innovative programs. She also outlined the priority areas over the next three years, being to create a culture of inclusion, support of the labour market to attract newcomers, and engaging employers in attracting and retaining a diverse workforce. 2 -CJ;;of- PJCKERJNG· 2. Randy Cheesman Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers Randy Cheesman appeared before Council to provide an update as well as clarification with respect to Block 36 in Fieldstone Barclay Estates. He advised Council of resident's concerns with respect to the completion of the development agreement. He stated this issue has been on going for over 11 years and the residents would like to see this resolved. He also questioned accountability and what the consequences would be if the developer does not fulfill his agreement. (VI) Correspondence 1. Carr. 36-16 Marisa Carpino Director, Culture & Recreation City of Pickering Resolution #191 /16 Moved by Councillor Mclean Seconded by Councillor Brenner That Corr. 36-16 received from Marisa Carpino, Director, Culture & Recreation, on behalf of the Pickering Museum Village, seeking Council approval to deaccession Museum artifacts as noted in the attachment be endorsed. 2. Carr. 37-16 Friends of the Ajax Pickering Hospital 5 Kirkham Drive Ajax, ON Resolution #192/16 Moved by Councillor Mclean Seconded by Councillor Brenner Carried That Corr. 37-16 from Walter Donaldson, President, Friends of the Ajax Pickering Hospital and Dr. Romas Stas, Associate Chief of Staff RVHS & Medical Consultant to the Friends requesting support regarding a letter sent to the Minister of Health and Long Term Care with recommendations regarding the Ajax Pickering Hospital partnership move from Rouge Valley Health System to Lakeridge Health be endorsed. Carried 3 3 4 -Cd;yof- Pl(KERJNG 3. Corr. 38-16 Veridian Corporation 55 Taunton Road East Ajax, ON Resolution #193/16 Moved by Councillor Pickles Seconded by Councillor Brenner Council Meeting Minutes September 19, 2016 7:00pm-Council Chambers That Corr. 38-16 from Michael Angemeer requesting that the Town of Ajax re-appoint the current board members from the Town of Ajax for an additional two year term commencing January 1, 2017, in order to complete the merger process between Whitby Hydro and Oshawa PUC be received for information. 4. Corr. 39-16 Veridian Corporation 55 Taunton Road East Ajax, ON Resolution #194/16 Moved by Councillor Pickles Seconded by Councillor Brenner Carried That Corr. 39-16 from Michael Angemeer requesting that the City of Belleville re- appoint the current board members from the City of Belleville for an additional two year term commencing January 1, 2017, in order to complete the merger process between Whitby Hydro and Oshawa PUC be received for information. 5. Corr. 40-16 Veridian Corporation 55 Taunton Road East Ajax, ON Carried A brief discussion period ensued with respect to reviewing the re-appointments at a later date if the merger is completed or terminated. Also noted was the need for succession planning and new members onto the Veridian Board. Resolution #195/16 4 -Cd;Jof- PJCKERJNG Moved by Councillor Mclean Seconded by Councillor Brenner Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers That Corr. 40-16 from Michael Angemeer requesting that the City of Pickering re- appoint the current board members from the City of Pickering for an additional two year term commencing January 1, 2017 to complete the merger process between Whitby Hydro and Oshawa PUC be endorsed. 6. Corr.41-16 Town of Ajax 65 Harwood Ave. S. Ajax, ON Resolution #196/16 Moved by Councillor Pickles Seconded by Councillor Brenner Carried That Carr. 41-16 from Mayor Parish to Veridian Corporation confirming the re- appointment of the current board member for the Town of Ajax during the merger process and requests that the·appointments be revisited if circumstances change be received for information. · 7. Gorr. 42-16 Debbie Shields, City Clerk City of Pickering Resolution #197 /16 Moved by Councillor Mclean Seconded by Councillor Brenner Carried That Carr. 42-16 from Debbie Shields, City Clerk, regarding deferred Council Carr. 29- 16, from the June 27, 2016 Council Meeting be endorsed. The memo from the City Clerk noted that staff felt that the City could deal with the Ontario Ombudsman directly. Council endorsed the staff recommendation and decided not to be included in the shared services for a Municipal Ombudsman with the Region of Durham. Carried 5 5 6 -~o~ P1CKER1NG 8. Corr. 43-16 SSTI Granite Pickering, LLC 600 Granite Court Pickering, ON Resolution #198/16 Moved by Councillor Ashe Seconded by Councillor Pickles Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers That Corr. 43-16 from SSTI Granite Pickering asking Council to update its endorsement of this project under the FIT rules, Version 5.0. In 2015 Council endorsed a rooftop solar project under the FIT rules, Version 4.0, the FIT rules have been updated and SSTI Granite Pickering requires confirmation that Council continues to support the project. Council endorsed their continued support of this project. 9. Corr. 44-16 Debi Wilcox, Regional Clerk Region of Durham 605 Rossland Rd. E. Whitby, ON Resolution #199/16 Moved by Councillor Brenner Seconded by Councillor Mclean Carried That Corr. 44-16 from Debi Wilcox, Regional Clerk requesting that the City of Pickering pass a resolution consenting to the attached by-law to Change the Composition of Regional Council be endorsed. (VII) Committee Reports a) Report EC 2016-07 of the Executive Committee Carried Unanimously on a Recorded Vote 1. Director, Corporate Services & City Solicitor, Report IT 01-16 Information Technology Strategic Plan, Broadband and Intelligent Community Initiatives 6 -CdtJof- PlCKERJNG Council Decision Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers 1. That this Report and the Technology Review and Roadmap (Attachment 1) prepared by Prior & Prior Associates Ltd. and dated January 11, 2016 be received; · 2. That the Technology Review and Roadmap be endorsed, provided that funding requirements, if any, be subject to the budget approval process; 3. That Council recognize the importance of fast, reliable and affordable high-speed internet access for all residents and businesses within the City of Pickering; 4. That Council endorse the "Dig Once" Standard, providing for the inclusion of conduit to accommodate fiber optic (internet) cable in the standard design specification for all future City road construction projects; 5. That Council direct appropriate City staff to communicate and collaborate with their counterparts at the Region of Durham and at the other lower tier Durham municipalities, to encourage the other municipalities within Durham Region to adopt policies similar to the City's Dig Once Standard, so thatthe infrastructure necessary to accommodate a Region-wide broadband system can be built over time; 6. That staff within the City's Information Technology Section be directed to continue their efforts to have the City recognized as an Intelligent Community by the Intelligent Community Forum; · 7. That copies of this Report be forwarded to The Regional Municipality of Durham and area municipalities; 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this Report. 2. Director, Corporate Services & City Solicitor, Report CLK 04-16 City Policy ADM 160, Customer Service Policy -Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014 Council Decision That Council approve revised City Policy ADM 160, Customer Service Policy (Attachment 1 ). 7 7 8 -C~of PJCKERJNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers 3. Director, Corporate Services & City Solicitor, Report CLK 05-16 2017 Committee and Council Meeting Schedule Council Decision 1. That the 2017 Standing Committee and Council Meeting Schedule included as Attachment 1 to this report, be approved as amended; and 2. That the draft by-law to amend Procedural By-law 7212/12, providing for revised meeting dates, as noted in Attachment 2, be approved. 4. Director, Corporate Services & City Solicitor, Report FIN 16-16 Establishment of the Accelerated Infrastructure Program (AlP) Reserve Council Decision 1. That Council approve the establishment of the Accelerated Infrastructure Program (AlP) Reserve; 2. That Council authorize the Division Head, Finance & Treasurer to transfer any unused funds from the AlP Levy to the AlP Reserve and this transfer be permitted until the end of the AlP program; 3. That Council authorize the Division Head, Finance & Treasurer to fund any budget shortfalls related to the AlP capital projects from the AlP Reserve; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5. Director, Corporate Services & City Solicitor, Report FIN 17-16 Cash Position Report as at June 30,2016 Council Decision. That Report FIN 17-16 from the Director, Corporate Services & City Solicitor be received for information. Resolution #200/16 Moved by Councillor Johnson Seconded by Councillor Cumming That Report 2016-07 of the Executive Committee meeting held on September 12, 2016, be adopted, save and except ,Item No. 6. Carried 8 -C~o~ Pl(KERlNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers 6. Director, Engineering & Public Works, Report ENG 21-16 Proposed Amendments to the Traffic & Parking By-law 6604/05 Various Locations Discussion ensued for clarification purposes. Resolution# 201/16 Moved by Councillor Johnson Seconded by Councillor Cumming 1. That the attached draft by-law be enacted to amend Schedule "2" and Schedule "8" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address the proposed on-street parking on Merritton Road and Chickadee Court, and a proposed yield condition on Spartan Court. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions ~s indicated in this report. b) Report PO 2016-05 of the Planning & Development Committee 1. Director, Corporate Services & City Solicitor, Report LEG 04-16 Sale of City Land -Portion of Glendale Park Council Decision Carried 1. That City staff consider the feasibility of selling part of Glendale Park, provided . that the remaining portion shall be of sufficient size to continue serving as a park for the enjoyment of residents; 2. That City staff hold a public consultation session to seek input from residents concerning the proposal to sell a portion of Glendale Park; 3. That City staff report back to Council regarding the results of the public consultation and advise Council as to the feasibility of selling part of Glendale Park; 4. That Council enact a by-law stopping up and closing Hillside Drive, Plan 492 as public highway, to recognize the fact that it currently forms a part of Glendale Park; and 9 9 10 -Ct4of- PJ(KERJNG Council Meeting Minutes September 19, 2016 7:00pm-Council Chambers 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 2. Director, Corporate Services & City Solicitor, Report LEG 05-16 Maddy Developments Inc., Plan of Subdivision 40M-2494 -Final Assumption of Plan of Subdivision Council Decision 1. That the works and services required by the Subdivision Agreement adjacent to Plan 40M-2494, which are constructed, installed or located on lands dedicated to, or owned by the City, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That Maddy Developments Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2494; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 3. (Acting) Director, City Development, Report PLN 12-16 Proposed Wireless Cell Tower Installation Turris Sites Development Corp. Lease of City Land (Duffin Heights Stormwater Management Pond) Tillings Road Installation #64 Council Decision 1. That Turris Sites Development Corp. be advised that City Council does not object to the 40 metre high telecommunication tower to be located on the Duffin Heights stormwater management pond property at Tillings Road, based on the design and other details submitted with this request; and 2. That the Mayor and the Clerk be authorized to execute a lease agreement with Turris Sites Development Corp. substantially on the terms set out in the Tower Site Lease Agreement in Appendix I to Report PLN 12-16, and to the satisfaction of the Director, Corporate Services & City Solicitor. 10 -C~o~ PJCKERJNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers 4. (Acting) Director, City Development, Report PLN 13-16 Proposed Telecommunication Tower Shared Network Canada 5293-5295 Markham-Pickering Townline Road North Part of Lot 35, Concession 9 Part 1, 40R-18594 Installation #65 Council Decision That Shared Network Canada be advised that City Council does not object to the revised proposal for a 36.9 metre high tripole lattice style telecommunication tower located at 5293-5295 Markham-Pickering Townline Road, based on the design and other details submitted with the revised application. 5. (Acting) Director, City Development, Report PLN 14-16 Addition of Non-Designated Property to the City of Pickering · Municipal Heritage Register 1027-1031 Dunbarton Road Council Decision That Council endorse the recommendations of the Heritage Pickering Advisory Committee to include the property municipally known as 1027-1031 Dunbarton Road on the City of Pickering Municipal Heritage Register as a non-designated property of cultural heritage value or interest, under Section 27 of the Ontario Heritage Act. 6. (Acting) Director, City Development, Report PLN 15-16 2015 Coordinated Review of Ontario's Land Use Plans City of Pickering Comments on the Proposed Changes to the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan Council Decision 1. That the comments in Report PLN 15-16 on the proposed changes to Ontario's Land Use Plans be endorsed, and that the Province be requested to: a) revise the timeline for municipalities to bring their official plans into conformity with the revised Growth Plan, to only take effect after the Ministry has approved and released the standard methodology for the assessment of land needs and that the process for developing the standard methodology for the assessment of land needs include proper ground-truthing and consultation with municipalities, conservation authorities and other key stakeholders; 11 11 12 -CdtJof- PlCKERlNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers b) maintain the intensification target at 40 percent for the 905 region; c) identify a mechanism to prevent strategic growth areas (e.g. high density residential or high intensity mixed-use) from being down designated to support intensification opportunities that may not be realized within the time horizon of the Growth Plan; , d) consider the potential long-term development and intensification of its major transit station sites by: • introducing policies that require the introduction of alternative station designs that are more compact, diversified and integrated with their surroundings; and • expediting investment in alternative modes of transportation (i.e., local transit, cycling, walking, carpooling) to access such locations in order to limit the amount of surface parking in the future; e) remove the words "or stop" within the revised definition of the term "Major Transit Station Area", so that only high order transit station areas are included in the intensification calculation; f) revise Schedule 5 (Moving People -Transit) in the Growth Plan to reflect the proposed CP-Belleville rail connection to the new Seaton community, and the "possible" rail extension (CP-Havelock line) towards Peterborough; g) identify employment lands of provincial significance within the Growth Plan, such as the Seaton Employment Lands, and actively facilitate the marketing, servicing and development of those lands in concert with other development contemplated by the Growth Plan; h) maintain the current Greenfield area density target of 50 residents and jobs combined per hectare, or consider developing a more context sensitive approach for 905 communities, with particular attention to factors such as urban structure, availability of public transit and other amenities, built form character, place- making, housing mix and affordability; i) conduct a financial analysis of the impact of the intensification and density targets on municipal infrastructure and service delivery; j) consider extending the newly proposed policy that would recognize existing employment areas on "rural lands" with opportunity for expansion, subject to certain criteria, to include existing cultural and educational uses; k) move forward with the development of the Transportation Planning Policy Statement outlined in the Greater Toronto Transportation Authority Act, to clarify the role of the Big Move in relation to the Growth Plan, and to include a statement that acknowledges this relationship within the Growth Plan. This 12 --,.---c~ of- PlCKERlNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers would help ensure that the integration and coordination of transportation infrastructure planning and land use planning at local, Regional and Provincial levels are properly acknowledged in the Plan; I) as part of supporting the new Growth Plan, investigate financial tools (e.g. parking space levy, fuel tax, sales tax, payroll tax, vehicle kilometers travelled tax, highway tolls, development charges, land value capture, property tax, development charges, fare increases, etc.) and funding opportunities to enable the timely implementation of transportation and other municipal infrastructure and services; m) · base the mapping of the "natural heritage system" upon approved watershed plans, and that the Province collaborate with conservation authorities to develop a standard methodology for mapping of the "natural heritage system"; n) build on the Land Evaluation and Area Review (LEAR) analysis that was completed by the Region of Durham for mapping the "agricultural system", and that the mapping process include the application of standard methodology, proper ground-truthing and consultation with municipalities, conservation authorities, the agricultural community and other key stakeholders; o) engage municipalities in the identification, establishment or update of the documents listed as Supplementary Directions to the Growth Plan; p) revise the timeframe for municipal official plan conformity to commence upon completion of the documents listed as Supplementary Directions to the Growth Plan; q) as part of the Supplementary Direction for implementing the Growth Plan, identify and develop programs to attract and retain workers and businesses to achieve the growth plan targets, and to foster the development of balanced communities (for example, such measures could include, investing in, or subsidizing training programs that will ensure that municipalities have the resident labour force to attract new businesses in targeted sectors; eliminating or reducing tolls for trucks on Highway 407 making the highway a more attractive goods movement corridor; and promoting further employment growth in the 905 Region); r) provide more guidance regarding the type and extent of buffer planning necessary to protect existing agricultural practices, by minimizing and mitigating impacts of new adjacent urban development on the Agricultural System; s) retain the existing policy in the Greenbelt Plan that permits the minor rounding out of hamlets at the time of municipal conformity, and modify the policy to read as follows: 13 13 14 -~o~ Pl(KERJNG, Council Meeting Minutes September 19, 2016 7:00 p.m-Council Chambers "Outside of specialty crop areas, minor expansion of Hamlet boundaries may be permitted only through a municipal initiated study, that must address matters such as the merits and appropriate scale and form of development; the protection and enhancement of key natural heritage and hydrologic features and functions; the impact on agricultural lands and agricultural operations; soft and hard servicing needs, constraints and solutions; and the rationale for any minor expansion to the hamlet boundary"; t) revise proposed policy 6.2, subsection 1, in the Greenbelt Plan, by making all lands within the Urban River Valley designation, whether publicly or privately owned, subject to the Greenbelt Plan policies associated with this designation; u) remove the policy 3.4.4.2a in the current Greenbelt Plan and in the proposed Greenbelt Plan (policy 3.4.5.2a) that prohibits the consideration of a municipally initiated settlement area expansion proposal to proceed on the lands bounded by the CP Belleville Line in the south; the York-Durham Townline to the west; and West Duffins Creek to the east (referred to as the Cherrywood Area Lands); v) retain the existing policy in the Oak Ridges Moraine Conservation Plan that permits the minor rounding out of rural settlements, and modify the policy to read as follows: "New lots may be created in Countryside Areas for the following purposes only, and subject to Parts Ill and IV: Minor expansion of Rural Settlements designated in the applicable official plan as appropriate for this type of lot creation, only through a municipal initiated study, that must address matters such as the merits and appropriate scale and form of development; the protection and enhancement of key natural heritage and hydrologic features and functions; the impact on agricultural lands and agricultural operations; soft and hard servicing needs, constraints and solutions; and the rationale for any minor expansion to the rural settlement boundary."; w) · establish a simplified process including criteria and timeframes to consider limited refinements to the boundaries of the Greenbelt and Oak Rides Moraine Conservation Plan that result from further ground-truthing of the boundary; and 2. That a copy of Report PLN 15-16 be forwarded to the Region of Durham, other Durham Area Municipalities, the Ministry of Municipal Affairs and Housing, the Ministry of Natural Resources and Forestry, and the Members of Parliament for Pickering-Scarborough East and Ajax-Pickering. 14 -C~o~ PJCKERJNG Council Meeting Minutes September 19, 2016 7:00pm-Council Chambers 7. (Acting) Director, City Development, Report PLN 16-16 Zoning By-law Amendment Application A 17/15 Vaster Construction Inc. Part of Block 13, Plan 40M-2482 (2585 Brock Road) Council Decision That Zoning By-law Amendment Application A 17/15, submitted by Vaster Construction Inc., to delete a provision in the site-specific zoning by-law that prohibits residential dwelling units on the first two storeys of a building in order to permit a development that is only residential on lands being Part of Block 13, Plan 40M-2482, be endorsed as outlined in Appendix I to Report PLN 16-16, and that staff be authorized to finalize and forward the implementing Zoning By-law to Council for enactment. Resolution #202/16 Moved by Councillor Johnson Seconded by Cou~cillor Cumming That Report 2016-05 of the Planning & Development Committee meeting held on September 12, 2016, be adopted. Carried (VIII) By-laws 7508/16 7509/16 7510/16 7511/16 7512/16 7513/16 Being a by-law to exempt Block 115, Plan 40M-1390, from the part lot control provisions of the Planning Act. Being a by-law to amend By-law 7212/12, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Being a by-law to establish that part of Lot 4, RCP 820, being Part 13, 40R- 29171 as public highway. Being a by-law to establish Blocks 117 and 118, 40M-1390 as public highway. Being a by-law to stop-up and close Lennox Lane, Plan 40M-2089 as public highway. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 15 15 16 -~o~ PlCKERlNG Council Meeting Minutes September 19, 2016 7:00 pm-Council Chambers 7514/16 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham •. in Part of Block 13, Plan 40M-2482, City of Pickering (A 17/15) Resolution #203/16 Moved by Councillor Mclean Seconded by Councillor Brenner · That By-law Nos. 7508/16 through 7514/16, be approved. (IX) Other Business Carried 1. Councillor Pickles noted his intention of bringing a Notice of Motion forward regarding expanding the boundaries of the Firearms Discharge By-law to include areas within Seaton where development is now occurring. It was also suggested that staff look into opportunities to review the map where the discharge of firearms is noted when development applications are received by the City. 2. Councillor Pickles noted his intention of bringing a Notice of Motion forward regarding the process for bringing Northeast Pickering under Pickering in the Canada Post system. Residents have noted their concerns with not receiving mail outs from the City on municipal matters and elections. He noted that Northeast Pickering comes from other post offices rather than Pickering. He noted that Canada Post has a process to review this and that he was advised it would not affect postal codes or local community names. 3. Councillor Pickles noted that there was a petition from the Humane Society before the Federal Government requesting that the Bill to ban the import of shark fins be reintroduced. Councillor Pickles requested staff pursue the possibility of acting on the previous Notice of Motion and forwarding a letter reaffirming our position to the Federal Government. 4. Councillor Brenner noted that he would be bringing forward the following Notices of Motion at the November Council meeting: • To request interpretation and clarification from the Ministry of Municipal Affairs on the ability of the City of Pickering to sell services to the private sector as a revenue generator; • To request Durham Region Police Services consider enabling the City of Pickering By- law Department to enforce moving traffic violations on local roads only; • To develop guidelines to protect the community character from infill development; 16 18 -~o~ P1CKER1NG Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Also Present: -Chief Administrative Officer -(Acting) Director, City Development Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner T. Prevedel K. Bentley P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn S. Karwowski C. Rose M. Gadzovski D. Selsky. L. Harker N. Zahoor L. Roberts -Director, Culture & Recreation -Fire Chief -:-Director, Engineering & Public Works -Director, Finance & Treasurer -Chief Planner -Division Head, Water Resources & Development Services -Manager, Capital Projects & Infrastructure -Deputy Clerk -Coordinator, Transportation Engineering -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Matters for Consideration 1. Director, Corporate Services & City Solicitor, Report AS 01-16 Animal Shelter Commercial Lease -1688 Highway No.7 Recommendation 1 -~o~ PlCKERlNG Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner Moved by Councillor Mclean Seconded by Mayor Ryan 1. That the Mayor and City Clerk be authorized to enter into a new Commercial Lease with Transport Canada for the Pickering Animal Shelter, located at 1688 Highway 7, Brougham, for a period of three years, with an option to renew for two more years; 2. That the Mayor and City Clerk be authorized to execute the Commercial Lease as set out in Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried · 2. ·Director, Corporate Services & City Solicitor, Report CLK 06-16 City Policy ADM 050-Freedom of Information and Protection of Privacy Policy Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan That Council approve revised City Policy ADM 050, Freedom of Information and Protection of Privacy Policy (Attachment 1 ). 3. Director, Culture & Recreation, Report CR 10-16 Community Engagement Strategy -Annual Status Report Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan 2 Carried 19 22 -Cdpof- PJCKERJNG· Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair:. Councillor Brenner Seaton employment lands. It was also questioned whether special levies could be geographically assigned, if permitted under the Municipal Act. Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan 1. That the Northern Roads Hard Surfacing Strategy, identifying candidate existing loose surface roads to be upgraded to hard surface roads, from north of Taunton Road to the Uxbridge Pickering Townline, be endorsed by Council; 2. That Council consider funding for candidate roads selected for the Northern . Roads Hard Surfacing Strategy through the annual budget process; aod 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 7. Director, Engineering & Public Works, Report ENG 22-16 Browning Avenue Storm Sewer Replacement Tender No. T-13-2016 Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan Carried 1. That Tender No. T-13-2016 Browning Avenue Storm Sewer Replacement as submitted by Ambler & Co. Inc. in the total tendered amount of $290,940.53 (HST included) be accepted; 2. That the total gross project cost of $331,139.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $298,201.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $298,201.00 as follows: 5 -C~o~ PlCKERlNG Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner a) the sum of $174;000.00 as provided for in the 2011 Capital Budget-. Stormwater Management be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years; b) the sum of $74,644.00 as provided for in the 2011 Capital Budget- Stormwater Management to be funded by a transfer from the Federal Gas Tax Reserve Fund; c) the sum of $170.00 to be funded from property taxes; d) the sum of $44,448.00 as provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; e) the sum of $4,939.00 as. provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Stormwater Management Reserve Fund; f) the financing and annual repayment charges in the amount of approximately $38,265.00 be included in the annual Current Budget commencing in 2017 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; g) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. Thatthe draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8. Director, Engineering & Public Works, Report ENG 23-16 Tender for Squires Beach Road & Clements Road Intersection Improvements & Signalization Tender No. T-3-2016 Recommendation 6 Carried 23 24 -~o~ PJCKERJNG Moved by Councillor Mclean Seconded by Mayor Ryan Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner 1. That Tender No. T -3-2016 for Squires Beach Road & Clements Road Intersection Improvements & Signalization as submitted by Montgomery MacEwan Contracting in the total tendered amount of $425,7 42.56 (HST included) be accepted; 2. That the total gross project cost of $623,691.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $561,653.00 (net of HST) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $561,653.00 as follows: a) the sum of $10,000.00 for the land acquisition as provided in the 2016 Capital Budget-Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; b) the sum of $137,913.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; c) the sum of $413,740.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; and , 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9. Director, Finance & Treasurer, Report FIN 18-16 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan Carried 1. That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 7 -~o~ PJCKERJNG Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Division Head, Human Resources, Report HR-001-16 Respect in the Workplace Policy -HUR 070 Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan Carried That Council approve amendments to the Respect in the Wor~place Policy, as set out in Attachment 1, in order to comply with the requirements of the Occupational Health & Safety Act. 11. Director, Corporate Services & City Solicitor, Report LEG 06-16 Duffin Heights Mixed Use Corridor Land Dispositions Recommendation Moved by Councillor Mclean Seconded by Mayor Ryan Carried 1 . That the City-owned lands in the Duffin Heights Development Area fronting on Brock Road south of Dersan Street (as shown on Attachment 1) be declared surplus to the needs of the City. 2. That City staff be directed to take such steps and do such things as are necessary to effectively market and sell the said lands, and that the sale be exempt from the requirements of the City's Acquisition and Disposal of Land Policy so as to permit the more effective marketing thereof. 3. That, prior to entertaining Offers to Purchase, City staff report back to Council to provide information concerning the manner in which staff proposes to market and sell the lands. · 8 25 26 -~o~ PlCKERlNG Executive Committee Meeting Minutes October 11, 2016 2:00 pm Council Chambers Chair: Councillor Brenner 4. That the proceeds of sale of the lands be transferred to the City's Operations Center Reserve Fund in accordance with paragraph 17 of Council budget resolution 143/16. 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried (Ill) Adjournment The meeting adjourned at 2:25 pm. 9 -C~o~~ P1CKER1NG Present: Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Absent: Mayor Ryan -City Business Also Present: -(Acting) Director, City Development Planning & Development Committee Meeting Minutes October 11, 2016 7:00 pm-Council Chambers Chair: Councillor Cumming K. Bentley P. Bigioni C. Rose N. Surti -Director, Corporate Services & City Solicitor L. Harker D. Wylie L. Roberts -Chief Planner -Manager, Development Review & Urban Design -Deputy Clerk -Principal Planner-Policy -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Part 'A" Information Reports Councillor Cumming, Chair, gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. C. Rose, Chief Planner, appeared before the Committee to act as facilitator for the public portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 1. Information Report No. 12-16 Draft Plan of Subdivision Application SP-2016-02 1 27 28 -C~o~ PJCKERJNG Zoning By-law Amendment Application A 1 0/16 Frontdoor Developments Inc. Block 111, Plan 40M-1413 (2090 Duberry Drive) Planning & Development Committee Meeting Minutes October 11, 2016 7:00 pm-Council Chambers Chair: Councillor Cumming A public information meeting was held unde.r the Planning Act, for the purpose of informing the public with respect to the above-noted application. D. Wylie, Principal Planner-Policy, appeared before the Committee and through the aid of a power point presentation, provided an overview of the application. She outlined the location of the proposed development as well as the current surrounding land uses. Ryan Guetter, Weston Consulting, appeared before the Committee on behalf of the applicant in support of the application. He noted favourable feedback had been received at the community open house, and addressed some of the concerns raised by residents. He noted their plan to maintain as many trees as possible and noted they would be addressing security and the maintenance of fencing, and would continue to work with the residents on the remaining issues. No members of the public appeared in support of or in opposition to the application. A brief discussion period ensued with Members questioning the quality of construction, and whether accessibility issues as well as sustainability initiatives were being considered. 2. Information No. 13-16 Zoning By-law Amendment Application A 9/16 Draft Plan of Subdivision Application SP-2016-01 Draft Plan of Condominium Application CP-2016-03 702153 Ontario Limited Part of Lot 1 , Plan 566 ( 1985 & 1999 Altona Road) A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. D. Wylie, Principal Planner-Policy, appeared before the Committee and through the aid of a power point presentation, provided an overview of the application. She outlined the location of the subject lands as well as parking. She noted the application will be reviewed to ensure compliance with the Rouge Park Neighbourhood Policies & Development Guidelines. 2 -~o~ PlCKERl G Planning & Development Committee Meeting Minutes October 11, 2016 7:00 pm-Council Chambers Chair: Councillor Cumming Steve Edwards, Project Director, GHD, appeared before the Committee and noted he was in attendance along with other representatives from 702153 Ontario Inc. to respond to questions. No members of the public appeared in support of or in opposition to the application. Discussion period ensued with it being noted that when looking at other proposals, the urbanization of Altona Road was being encouraged, and it was questioned whether there were any plans to urbanize this section prior to or at the same time as this development is taking place. Members also sought confirmation on the location of the proposed sidewalks until such time as urbanization takes place. (Ill) Adjournment The meeting adjourned at 7:45 pm. 3 29 --~o~ P1CKER1NG Presentations 1. Royal Canadian Legion Branch 60~ Remembrance Day Poppy Campaign October 17, 2016 30 -C:f:Jof- PJCKERJNG October 17, 2016 Correspondence Pages 1. 2. 3. Corr. 45-16 Marisa Carpino Director, Culture & Recreation Motion for Endorsement 32-39 Correspondence received from Marisa Carpino, Director, Culture & Recreation, seeking Council endorsement to revise Marketing Partnership & Advertising Policy ADM 150 as noted in the attached memorandum. Corr. 46-16 Matt MacDonald Acting Director of Corporate Services/City Clerk City of Belleville 169 Front Street Belleville, ON K8N 2Y8 Motion for Endorsement 40-41 Correspondence received from Matt MacDonald, Acting Director of Corporate Services/City Clerk, City of Belleville, seeking support of a resolution passed on September 26, 2016 to support the efforts to eliminate barriers to employment opportunities for Certified Crop Advisor's and allow Ontario farmers the freedom to engage in business with the expert of their choice. , Corr. 47-16 Lynn Dollin AMO President Association of Municipalities Ontario 200 University Ave., Suite 801 Toronto, ON M5H 3C6 Motion for Endorsement 42-43 Correspondence received from Lynn Dollin, AMO President, seeking support for AMO in its work to close the fiscal gap, so all municipalities can benefit from predictable and sustainable revenues to finance the pressing infrastructure and municipal service needs face by municipal governments. 4. Corr. 48-16 Motion for Endorsement Gabriel Wildgen 44 Campaign Manager, Humane Society International/Canada Correspondence received from the Humane Society International Canada seeking Council support to send a letter to the Prime Minister of Canada requesting the reintroduction of a Bill to ban the import of shark fins. 31 33 -·Cd;;of- PJCKERJNG Policy Procedure Title: Marketing Partnership and Advertising Policy Policy Number ADM 150 Reference Date Originated (m/d/y) Date Revised (m/d/y) Pages FIN 030 July 30, 2015 ·September 26; 2016 · 7 FIN 040 ·Approval: Chief Administrative Officer Point of Contact Director, Culture & Recreation Policy Objective The Corporation of the City of Pickering welcomes and encourages marketing partnerships and advertising to assist in the provision of City programs, services, events, projects and facilities. This policy provides guidelines to maximize revenue opportunities while safeguarding the City's vision, mission, values, interests, and public image. Index 01 Purpose 02 Scope 03 · Application 04 Definitions 05 Principles and Conditions 06 Administrative Requirements and Authorities Solicitation and Allocation Marketing Partnerships and Advertising 07 Delegation of Authority 01 Purpose The purpose of this policy is to establish a process to evaluate and make determinations regarding marketing partnership and advertising opportunities in a . manner that safeguards the City's corporate values, image, assets and interests while increasing the opportunities to neutralize costs and/or generate revenue. This policy does not pertain to funding received from other levels of government through formal grant programs. 02 Scope This policy applies to all relationships between the City and businesses, organizations, . and individuals tha.t contribute either financially or in-:-kind to City programs, services, events, projects, or facilities in return for recognition, public acknowledgement or other promotional considerations subject to a specific period of time. This policy applies to the following: • program and special event marketing partnerships; • naming/renaming of City properties, buildings and structures ; • branding of City assets; • pouring rights; and • paid advertising on City property, at City events, and in City publications. 03 Application This policy applies to all City employees. This policy does not apply to the City's elected officials. 04 Definitions 04.01 04.02 Advertising -denotes the sale or lease of advertising or signage space on City-owned property. Unlike marketing partnership, it involves the use of public advertising contracted at pre-determined rates for a set period of time. Advertising does not imply any reciprocal partnership arrangement since the advertiser is not entitled to any additional benefits beYond access to the space. Marketing Partnership-is a mutually beneficial business arrangement wherein an external party; whether for profit or otherwise, provides cash and/or in-kind services to the City in return for commercial advantage. This payback may take the form of publicity, promotional consideration, merchandise activation opportunities, etc. Because of these marketing benefits, a marketing partnership does not qualify for a tax receipt. Policy Title: Marketing Partnership and Advertising Policy Page 2 of7 34 Policy Number: ADM 150 04.03 04.04 04.05 04.06 04.07 Donations-is a gift or contribution of cash, goods or seNice given voluntarily toward an event, project, program or corporate asset as a philanthropic act. Donations do not constitute a business relationship since no reciprocal consideration is sought. Refer to the City's Financial Control Policy FIN 030 for rules that govern donations. In-Kind Contributions -are non-monetary donations in the f~:>rm of either goods or seNices rather than cash. The City is not required to provide marketing partnership benefits for in-kind contributions. In-kind contributions do not qualify for a tax receipt. Naming Rights -are a type of marketing partnership in which an external company, organization, enterprise, association or individual purchases the exclusive right to name an asset or venue (e.g. a library building, sports facility or part of a facility, an ice pad in a multi-pad facility, etc.) for a fixed period of time. Usually naming rights are considered in a commercial conteXt, which is that the naming right is sold or exchanged for significant cash and/or other considerations under a long-term arrangement. This arrangement is documented in a written agreement signed by the interested parties and has a specified end date to the contractual obligations. Properties -refer to City assets. These include, but are not limited to events, seNices, programs, activities, real property, facilities, intellectual property, parks, features (e.g. rooms, ice pads, etc.) and other assets, but not including streets. Pouring Rights -are a type of marketing partnership in which a corporation, an organization or an individual purchases the exclusive right to supply beverages at a City facility in exchange for cash and/or other considerations over a long-term agreement. 05 Principles and Conditions General Requirements 05.01 05.02 Marketing partnerships and advertising must comply with federal and provincial statutes, municipal by-laws and the standards set out by the Canadian Advertising Standards Council. Marketing partnerships and advertising opportunities will be considered and determined based on, but not limited to, the following criteria: • the value of the product, seNice and cash provided. to the City; • the relationship is mutually beneficial to both parties; Policy Title: Marketing Partnership and Advertising Policy Page 3 of 7 35Policy Number: ADM 150 05.03 • the opportunity enhances the development, awareness and sustainability of one or more City programs, services or facilities; and • the opportunity optimizes revenue opportunities and results in a net financial benefit to the City. The following conditions apply when establishing marketing partnerships and advertising relationships: • the City will maintain control over the planning and delivery of marketing partnership activities; • agreements shall not in any way invoke future consideration, influence, or be perceived to influence the day-to-day business of the City; • advertising devices must not impact the quality and integrity of the City's properties, buildings, streetscape, and provide no added risks to safety; • the advertisement of a product or service does not act as the City's · endorsement of any one product or service over another; and • the marketing partnership and advertising. opportunity should be appropriate to the target audience. Restrictions for Marketing Partnerships & Advertising 05.04 05.05 The City will not solicit or accept marketing partnership or advertising from companies whose rep~tation could prove detrimeAtal to the City's public image and/or whose main business is derived from: • the sale of tobacco; • pornography; and • the support of, or involvement in the production, distribution, and sale of weapOI1$ and other life-threatening products. The City will not allow marketing partnerships or advertising, either directly or through third party arrangements, that: • violate any City policy; . • convey a negative religious message that might be deemed prejudicial to religious groups; Policy Title: Marketing Partnership and Advertising Policy Page 4 of7 36 Policy Number: ADM 150 05.06 05.07 • promote alcohol and other addictive substances, at venues geared primarily to children; • present demeaning or derogatory portrayals of individuals or groups or contain anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; or • is in direct competition with City of Pickering services, programs or initiatives. The City reserves the right to reject any unsolicited marketing partnership or advertising that have been offered to the City and to refuse to enter into agreements for any marketing partnership or advertising that originally may have been openly solicited by the City. The City may, at its discretion, bring any proposals to Council for their approval even if they do not.meet the guidelines of this policy. 06 Administrative Requirements and Authorities Solicitation and Allocation Marketing Partnerships and Advertising 06.01 Marketing partnership activities and advertising should continue to be the result of direct solicitation by the City to marketing partners and advertisers. · 06.02 As a general rule, the following marketing partnership and advertising opportunities should be competed: 06.03 • opportunities that will offer a significant corporate profile; · • agreements of a lengthy duration (over 5 years); and • agreements that allow for exclusive benefits and recognition. Non-competitive arrangements may be considered for the following opportunities when: • an unlimited number of marketing partners and advertisers are being sought;· • it is a unique, innovative or experimental marketing partnership opportunity; • only one suitable marketing partner can be identified; • the value of the marketing partnership or advertising opportunity is less than $50,000; Policy Title: Marketing Partnership and Advertising Policy Page 5 of7 37Policy Number: ADM 150 06.04 06.05 06.06 06.07 • the value of an in-kind media marketing partnership is less than $100,000; and • the need is justified in a business case, approved by the Chief Administrative Officer and Director, Fin~nce & Treasurer. Unsolicited marketing partnerships and advertising received by the City will be reviewed and evaluated by the relevant program staff as per the provisions of this policy. The selection of a preferred supplier will be consistent with the City's procurement policy. There will be no requirement to obtain quotes or . undertake a proposal and staff can initiate opportunities without the requirement to test the market further. All marketing partnerships and advertising shall be evaluated on an annual basis to determine continued benefit. The term of all agreements shall not exceed ten years, unless authorized by City Council. The City reserves the rights to terminate an existing marketing partnership or advertising agreement should conditions arise that make it no longer in the best interests of the City. Accordingly, the City reserves the absolute right to order the immediate removal of advertising on its property at any time. 07 Delegation of Authority City staff is authorized to enter into marketing partnerships and advertising that do not exceed the following pre-authorized limits. Agreements that exceed these pre- authorized limits will require City Council approval. 07.01 07.02 07.03 07.04 Supervisors: Supervisors are responsible for approving all agreements with a total contract value of $15,000 provided they satisfy all provisions of this policy. · Managers: Managers are responsible for approving all agreements with a total contract value of $30,000 provided they satisfy all provisions of this policy. Directors: Directors are responsible for approving all agreements with a total contract value of up to $100,000 provided they satisfy all provisions of this policy. Chief Administrative Officer and the Director, Finance & Treasurer: The Chief Administrative Officer and the Director, Finance & Treasurer are responsible for approving all agreements with a total contract value of over $100,000 and/or with a financial expenditure required· by the City to fulfill the sponsorship request of over $5,000. ·Policy Title: Marketing Partnership and Advertising Policy Page 6 of7 38 Policy Number: ADM 150 07.05 City Council: City Council approval is required for any contract that does not satisfy the provision of this policy and for opportunities involving the naming/renaming of City property, buildings and structures for a specific period of time (term of an agreement-see City Procedure ADM 110- 006). City Council approval is required for all proposals that include billboard advertising. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. · Policy Title:~ Marketing Partnership and Advertising Policy Page 7 of7 3 9 Policy Number: ADM 150 43 2 WHAT'S NEXT ONTARIO? RESOLUTION WHEREAS recent polling, conducted on behalf of the Association of Municipalities of Ontario indicates 76% of Ontarians are concerned or somewhat concerned property taxes wi.ll not cover the cost of infrastructure while maintaining municipal services, and 90% agree maintaining safe infrastructure· is an important priority for their communities; · AND WHEREAS infrastructure and transit are identified by Ontarians as the biggest problems facing their municipal government; AND WHEREAS a ten-year projection (2016-2025) of municipal expenditures against inflationary property tax and user fee increases, shows there to be an unfunded average annua.l need of $3.6 billion to fix local infrastructure and provide for municipal operating needs; AND WHEREAS the $3.6 billion average annual need would equate to annual increases of 4.6% (including inflation) to province-wide property tax revenue for the next ten years; AND WHEREAS this gap calculation also presumes all existing and multi-year planned federal and provincial transfers to municipal governments are fulfilled; AND WHEREAS if future federal and provincial transfers are unfulfilled beyond 2015 levels, it would require annual province-wide property tax revenue increases of up to 8.35% for ten years; AND WHEREAS Ontarians already pay the highest property taxes in the country; AND WHEREAS each municipal government in Ontario faces unique issues, the fiscal health and needs are a challenge which unites all municipal governments, regardless of size; · NOW THEREFORE BE IT RESOLVED that this Council supports the Association of Municipalities of Ontario in its work to close the fiscal gap; so that all municipalities can benefit from predictable and sustainable revenue, to finance the pressing infrastructure and municipal service needs faced by all municipal governments. Pleas~ forward your resolution by December 1, 2016 to: AMO President Lynn Dollin amopresrdent@amo.on.ca. -d4J.of- PJCKERJNG October 17, 2016 Committee Reports a) "Report EC 2016-08 of the Executive Committee Executive Pages 1. Director, Corporate Services & City Solicitor, Report AS 01-16 Animal Shelter Commercial Lease -1688 Highway No. 7 Recommendation 1-39 1. That the Mayor and City Clerk be authorized to enter into a new Commercial Lease with Transport Canada for the Pickering Animal Shelter, located at 1688 Highway 7, Brougham, for a period of three years, with an option to renew for two more years; 2. That the Mayor and City Clerk be authorized to execute the Commercial Lease as set out in Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 2. · Director, Corporate Services & City Solicitor, Report CLK 06-16 40-53 3. 4. ·City Policy ADM 050 -Freedom of Information and Protection of Privacy Policy Recommendation That Council approve revised City Policy ADM 050, Freedom of Information and Protection of Privacy Policy (Attachment 1 ). Director, Culture & Recreation, Report CR 10-16 Community Engagement Strategy -Annual Status Report Recommendation 54-69 That Council receive for information the annual status report to the City of Pickering Community Engagement Strategy (Priorities for 2015/16) as per Attachment 1. . Director, Culture & Recreation, Report CR 11-16 70-83 Consulting Services for a Recreation & Parks Master Plan and Skateboard Park Strategy · -Request for Proposal No. RFP-10-2016 Recommendation 45 5. 46 1. That Proposal No. RFP-1 0-2016, for Consulting Services for a Recreation & Parks Master Plan and Skateboard Park Strategy, submitted by Monteith Brown Planning Consultants in the amount of $194,321.02 (HST included) be accepted; 2. That the total gross project cost of $213,753.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $192,491.00 (net of HST rebate), be approved; 3. That Council approve the use of funds from account 5780.1505 that were approved for upgrades and repairs to the skateboard facility at Diana, Princess of Wales Park, for the Skateboard Park Strategy component of the Recreation & Parks Master Plan; 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $192,491..00 as follows: a) The sum of $31,250.00, as provided for in the 2016 Current Budget Culture & Recreation Administration, be increased to $34,135.00 to be funded from property taxes; b) . The sum of $93,750.00, as provided for in the 2016 Current Budget Culture & Recreation Administration, be increased to $102,406.00 to be funded by a transfer from the Development Charges Reserve Funds-Growth Studies (DCRF); c) The sum of $55,950.00, as provided for in the 2015 Capital Budget Parks, to be funded by a transfer from the Rate Stabilization Reserve; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Culture & Recreation, Report CR 12-16 Canada Cultural Spaces Fund -Conservation Barn Reconstruction Project Recommendation 84-100 1. That Council endorse the City of Pickering's application to the Canada Cultural Spaces Fund for the Conservation Barn Reconstruction Project by way of a Council resolution; 2. That a copy of this report be forwarded to Jennifer O'Connell, MP Pickering -Uxbridge; and 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 6. 7. Director, Engineering & Public Works, Report ENG 09-16 Northern Roads Hard Surfacing Strategy Recommendation 101-116 1. That the Northern Roads Hard Surfacing Strategy, identifying candidate existing loose surface roads to be upgraded to hard surface roads, from north of Taunton Road to the Uxbridge Pickering Town line, be endorsed by Council; 2. That Council consider funding for candidate roads selected for the Northern Roads Hard Surfacing Strategy through the annual budget process; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report ENG 22-16 Browning Avenue Storm Sewer Replacement Tender No. T-13-2016 Recommendation 117-128 1. That Tender No. T-13-2016 Browning Avenue Storm Sewer Replacement as submitted by Ambler & Co. Inc. in the total tendered amount of $290,940.53 (HST included) be accepted; 2. That the total gross project cost of $331,139.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $298,201.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $298,201.00 as follows: a) the sum of $174,000.00 as provided for in the 2011 Capital Budget -Stormwater Management be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years; b) the sum of $74,644.00 as provided for in the 2011 Capital Budget- Stormwater Management to be funded by a transfer from the Federal Gas Tax Reserve Fund; c) the sum of $170.00 to be funded from property taxes; d) the sum of $44,448.00 as provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; 47 8. 48 e) the sum of $4,939.00 as provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Stormwater Management Reserve Fund; f) the financing and annual repayment charges in the amount of approximately $38,265.00 be included in the annual Current Budget commencing in 2017 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; g) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report ENG 23-16 Tender for Squires Beach Road & Clements Road Intersection Improvements & Signalization Tender No. T-3-2016 Recommendation 129-137 1. That Tender No. T-3-2016 for Squires Beach Road & Clements Road Intersection Improvements & Signalization as submitted by Montgomery MacEwan Contracting in the total tendered amount of $425,742.56 (HST included) be accepted; 2. That the total gross project cost of $623,691.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $561,653.00 (net of HST) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $561 ,653.00 as follows: a) the sum of $10,000.00 for the land acquisition as provided in the 2016 Capital Budget-Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; b) the sum of $137,913.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; . c) the sum of $413,740.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; and 9. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 18-16 138-141 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation 1. That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Division Head, Human Resources; Report HR-001-16 Respect in the Workplace Policy 142-187 -HUR 070 Recommendation That Council approve amendments to the Respect in the Workplace Policy, as set out in Attachment 1, in order to comply with the requirements of the Occupational Health & Safety Act. 11. Director, Corporate Services & City Solicitor, Report LEG 06-16 Duffin Heights Mixed Use Corridor Land Dispositions Recommendation 188-191 1. That the City-owned lands in the Duffin Heights Development Area fronting on Brock Road south of Dersan Street (as shown on Attachment 1) be declared surplus to the needs of the City. 2. That City staff be directed to take such steps and do such things as are necessary to effectively market and sell the said lands, and that the sale be exempt from the requirements of the City's Acquisition and Disposal of Land Policy so as to permit the more effective marketing thereof. 3. That, prior to entertaining Offers to Purchase, City staff report back to Council to provide information concerning the manner in which staff proposes to market and sell the lands. 4. That the proceeds of sale of the lands be transferred to the City's Operations Center Reserve Fund in accordance with paragraph 17 of Council budget resolution 143/16. 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 49 -C4oJ- PlCKER1NG New and Unfinished Business October 17, 2016 Pages 1. Director, Culture & Recreation, Report CR 13-16 52-70 Architectural and Engineering Design Services, Council Chamber & Accessibility Renovations -Request for Proposal No. RFP-9-2016 Recommendation 1. That Proposal No. RFP-9-2016 submitted by AECOM Canada Architects Ltd. in the amount of $132,950.65 (HST included) be accepted; 2. That the total gross project cost of $155,550.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $140,078.00 (net of HST rebate), be approved; 3. · That Council authorize the Director, Finance & Treasurer to finance the net project cost of $140,078.00, as provided for in the 2016 Capital Budget Civic Complex, by a transfer from the Rate Stabilization Reserve; and 4. That the appropriate officials of the City of Pickering be authorized to . take the necessary actions as indicated in this report. 2. Director, Finance & Treasurer, Report FIN 19-16 71-110 Consulting and Professional Services for the Development of Financial System Specifications and RFP Proposal and Vendor Selection Recommendation 1. That Report FIN 19-16 of the Director, Finance & Treasurer regarding Consulting and Professional Services for the Development of Financial System Specifications and RFP proposal and vendor selection be received; 2. That Council approve the hiring of Deloitte LLP for consulting and professional services in accordance with Purchasing Policy 10.03(c), as the assignment is more than $50,000.00; 3. That the fee proposal submitted by Deloitte LLP for Consulting and Professional Services for the Development of Financial System 50 51 Specifications and RFP proposal and vendor selection in the amount of $110,740.00 (HST included) be accepted; 4. That the total gross project cost of $11 0, 7 40.00 (HST included) and the total net project cost of $99,725.00 (net of HST rebate) for Consulting and Professional Services for the Development of Financial System Specifications and RFP proposal and vendor selection be accepted; 5. That Council authorize the Director, Finance & Treasurer to fund the total net project cost of $99,725.00 by a transfer from the Financial Systems Reserve; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Finance & Treasurer, Report FIN 20-16 111-149 Ontario Community Infrastructure Fund -Formula-Based Component Recommendation 1. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund -Formula-Based Component funding contribution Agreement on terms satisfactory to the Director, Finance & Treasurer; 2. That the draft by-law attached hereto be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. CR13-16 October 17, 2016 Subject: Architectural and Engineering Design Services, Council Chamber & Accessibility Renovations Page 3 Discussion: The Civic Complex opened in 1990 and celebrated its 25 year anniversary in 2015. Through the City's 5-Year Accessibility Plan (2012-2016), staff have identified defici!3ncies of the building as compared to current regulations, particularly the Ontario Building Code and the Accessibility for Ontarians with Disabilities Act. Specifically, staff identified the particular need to improve accessibility in several key public areas and points of service throughout the ground floor of the building. Staff reviewed the work necessary to achieve the alterations required, particularly inside the Council Chamber, and determined that relocation of the wheelchair ramp access would involve major intrusive construction. The work would also involve a significant renovation of the space in order to reconfigure barrier free paths of travel and create a more inclusive environment for those with accessibility needs, and the public in general. Consultation with senior staff in late 2015 and early 2016 determined that a broader scope of work was needed in order to simultaneously address ongoing security and other operational concerns at the Civic Complex. Due to the degree of disruption major construction will impose on our operations, it was proposed to combine a number of different scopes of work into one single project to include: • Provisions for an easier and more dignified accessible path of travel within the Council Chamber and a fully accessible podium position; • Acoustic redesign and upgrading of the existing Council Chamber sound system; • Upgrades to the existing Council Chamber audio visual systems including assistive listening, and more screens with improved placement for view by the public, staff and Council; • Revised seating configuration in the Council Chamber for the public and staff, including consideration for types of seating appropriate for flexible use of the Council Chamber floor space; • Analysis and implementation of millwork and furniture solutions; • New interior flooring and other upgrades to existing finishes; • Provisions for secure access control between public and staff and Council areas; • Lighting upgrades for improved quality, control and efficiencies; • Upgrading ground floor public washroom facilities to a higher standard of accessibility, including provision of a separate universal washroom; • Upgrading and reconfiguring various ground floor service counters for AODA complian·ce and improved level of service; • Adding a vestibule on the north courtyard (west) exterior door for improved staff and customer comfort; • Creating two or three enclosed offices within the senior management area on the ground floor (optional item depending upon available funding); • Upgrading the Civic Complex main entrance doors; • Related modifications to ceilings, plumbing, power, data, HVAC and life safety systems; and • Associated work to adjoining spaces and building systems as required to complete the work described above. CORP0227 -07/01 revised 54 CR 13-16 Subject: Architectural and Engineering Design Services, Council Chamber & Accessibility Renovations October 17, 2016 Page 4 Funding of $1.3 million was approved in the 2016 Capital Budget for design and construction, and enables staff to proceed with the design work in 2016. Pickering Council and key City staff will be consulted in the design of this renovation project. Staff plan to tender the project in the spring of 2017 with the intention to proceed with construction as one project, by one contractor, on one schedule which will result in a one-time interruption of service. Construction is planned to occur between June and November 2017 (inclusive). It will be necessary to relocate meetings and events which normally make use of the Council Chamber for the duration of the project. Specific accommodations will be developed during the design process for this project, once the extent and duration of disruptions are better known. The Health & Safety Policy, the current WSIB Workplace Injury Summary Report and Clearance Certificate, as submitted by AECOM Canada Architects Ltd., have been reviewed by the Coordinator, Human Resources and are deemed acceptable. The Certificate of_ Insurance is deemed acceptable to Manager, Budgets & Internal Audit. In conjunction with the foregoing approvals, staff have reviewed the previous work experience of AECOM Canada Architects Ltd., the references provided and the proposal is deemed acceptable. Request for Pre-Qualification No. RFP-8-2016 was issued to identify consulting teams with suitable skills, staffing and experience. Proposals were received by April 19, 2016 and a short list of four proponents was determined. All four were invited to submit proposals for Request for Proposal No. RFP-9-2016, issued August 23, 2016, and closed on September 13, 2016, to provide the City with Architectural and Engineering Design Services for this project. Three pre- qualified consultants submitted proposals and were evaluated. One proponent, AECOM Canada Architects Ltd., was invited to interview, which occurred on October 5, 2016. At the conclusion of the interview, AECOM Canada Architects Ltd. was the highest ranking proponent. Upon careful examination of all proposals and relevant documents received, the Culture & Recreation Department recommends the acceptance of Proposal No. RFP-9-2016 submitted by AECOM Canada Architects Ltd. in the amount of $132,950.65 (HST included) and that the total net project cost of $140,078.00 be approved. Attachments: 1. Supply & Services Memorandum dated May 9, 2016. 2. Supply & Services Memorandum dated May 20, 2016. 3. Supply & Services Memorandum dated September 14, 2016. 4. Supply & Services Memorandum dated October 5, 2016. CORP0227-07/01 revised 55 i(foiACHiv!tNTtLL_TO R.EPORT#~~g l ~.-((a pa_~ 2. ~~.P s RFP-8-2016 Architectural and Engineering Design Services Council Chamber & Accessibility renovation Stage II -Evaluation Rated Criteria Stage II will consist of a scoring by the City of each qualified proposal on the basis of the rated criteria. The following is an overview of the categories and weighting for the rated criteria of the RFP. Section 1: Company Qualifications & Experience 20 points Part 1.1 -Company Qualifications (1 0 points) Part 1.2 -Relevant Work Experience (1 0 points) . Section 2: Staff Qualifications & Experience 50 points Part 2.1 -Team Leader (15 points) Part 2.2-Team Organization (15 points) Part 2.3 -Workplan and Methodology (20 points) Section 3: BudgetControl & Construction Administration 30 points Part 3.1-Budget Control (15 points) Part 3.2-Construction Administration (15 points) Total 100 points Section 1: Company Qualifications & Experience (20 Points) Part 1.1. -Company Qualifications (1 0 points): The Company should have expertise in each of the areas stipulated as part of the scope of work, above, and also including: design experience with Council Chamber and related accessibility renovation projects in the $1 to $3 million range; · • experience working in a Municipal environment; • experience working in an environment with multiple stakeholders; • ability to integrate innovative design solutions in the fields of sustainability and accessibility; and ability to provide a complete service encompassing all design and approval requirements. Part 1.2-Relevant Work Experience (1 0 points): The Company should provide detailed written descriptions of their most relevant, recently completed projects, demonstrating successful completion of at least three (3) relevant projects within the lastfive (five) years. The written description should include which of the proposed team members worked on each project, and in what capacity. Submissions should include three (3) client references and contact ·information for each. The City reserves the right to contact the references and use the information provided when assigning points 58 during the evaluation process. Section 2: Staff Qualifications & Experience (50 points} Part 2.1 -Team Leader (15 points}: Demonstrate the Team Leader's experience in coordinating projects of a similar size and scope, including: • a description of the overall experience, capability and leadership ability of the team leader (Resume/CV); a listing of past projects completed as team leader in the last 3 years; and an estimate of the team leader's monthly workload to be devoted to this project. Part 2.2-Team Organization (15 points}: Provide a n~rrative on the team including: description of the Company's in-house capabifities and disciplines; • a list of prospective sub-consultants; and • commentary of previous experiences working with each listed sub-consultant Provide the name and experience of the proposed Construction Administrator to be assigned to the project, including a list of the last three projects completed in this role, their respective construction budgets and cost overruns (if any). ·. Part 2.3-Work Plan and Methodology (20 points}: Provide a narrative of the company's project management style and strategies from design inception to conclusion of construction, including: • • • • ·• • key opportunities and milestones throughout the process; Design Procurement Construction Closeout major risk factors and mitigation strategies; project scheduling; coordination between disciplines; . cost controls (to be expanded upon in section 3); assessment tools used by the Company to track project progress; and communication and record management procedures . Section 3: Budget Control & Construction Administration (30 points}· Part 3.1 -Budget Control (15 points}: Describe methodology to maintain control over the budget from concept through to completion of construction, including the process to proactively exercise cost control, manage scope creep, and adhere to established and approved budgets. · Part 3.2-Construction Administration (15 points} The Proponent should describe their strategy for effective construction administration including, but not limited to, the following: recommending general contractors • preparation of tender specification documents and addenda • ·preferred forms of contract 59 . bid review and evaluation procedures 4 __ -L_,·l #~LK t ~ -1 ~ management of construction meetings po...se 4 6 -0-S. Requests for Information (RFI) and Supplemental Instruction (SI) procedures • cost control and tracking of Change Orders. tracking and reporting schedule issues payment certification procedures management of submittals • field Inspections • closeout procedures • warranties. 60 . )~:. 3~-. ;~t ~CJ< ( ":$ --( <a · po.._g-e 4 of-S b. Identification of"value-added" services brought by the Proponent's team; and c. A summary of the risks, concerns or issues associated with the Work and how they will be mitigated. Work Plan and Deliverables = 30 Points The Proponent is to articulate, clearly and concisely, the following: a. An indication of how soon the Proponent can cqmmence the work; b. A detailed work plan indicating the method, tasks and deliverables; c. A schedule that identifies Work phases (by Gantt Chart or other similar illustrati_on) including key dates for major deliverables (design development, working drawings, tender documents, tendering, construction administration and post construction) in the Proponent's detailed work plan; . 'd. Proposed staffing roles and the amount of time, shown in hours, that they will be dedicated to this project; e. Detail. how the proponent will. manage their fee al)d deliverables to ensure that there are no, or minimal, claims for extra fees; f. Identification of the experience/past projeCts of the cost Consultant and their success rate; · . g. State the assumptions regarding the roles and involvement of City staff; h. Summary ofquality assurance manual and procedures; and i. Explicitly identify any De live rabies and/or Services which are a part of the RFP but are being excluded by the Company during the term of the contract.· Quality of Proposal-Total Points= 5 Presentation of proposal, examples, details, content organization and how well instructions ·are followed. · Pricing-Total Points= 50 Provide a lump sum price (excluding HST} for Architectural & Engineering Design Services for the Council Chambers & Accessibility Upgrades and as further described in Appendix D-Request for Proposals Particulars, Section A-Deliverables. Pricing will be scored based on a relative pricing formula using the Total Project Cost set out in the Pricing Form, Pricing Table #1 and the average of all hourly rates provided in Pricing Table #2 and Pricing Table #3. Interview Evaluation Criteria-Total Points = 20 At the completion of Stage.IY evaluation, up to three (3) ofthe highest-ranked Proponents may be selected for an interview. The City and the selected Proponents will schedule these interviews the week of September 19, 2016, and Proponents will be given sufficient time to prepare. Interview questions may be provided to those Proponents who have been selected. RFP-9-2016. Architectural & Engineering Consulting Services - Council Chamber & Accessibility Renovations Page 2 of 3 66 67 ATlACHI'·1ENT #.3-.. ' :ff: .. CP-l 3 ,_ \ f.o . . (-'0--Se.. S * S Interviews will be scored by representatives of the 1:valuation Committee, and shall follow this general format: a. Introductions · b. Questions from Evaluation Committee c. Answers from Proponents Interviews will be scheduled by the City for a mutually agreeable date and time, at the following location: Interview Evaluation Criteria: Pickering Civic Complex One The Esp1anade Pickering, ON L1V6K7 Rated Criteria Category · Weighting (Points) Responses to interview questions 10 Overall project suitability 10 Final scoring and award shall be in accordance with Part 2 of this RFP. RFP-9-2016 Architectural & Engineering Consulting Services - Council Chamber & Accessibility Renovations Page.3 of3 FIN19-16 October 17, 2016 Subject: Consulting· and Professional Services for the Development of Page 2 Financial System Specifications and RFP Proposal and Vendor Selection The business case considered several alternatives including maintaining the status quo and various vendor strategy options. The business case recommends that the City pursue a new financial system. The new financial system will form the building block of the Enterprise Resource Planning (ERP) system. An ERP system is software that replaces many stand alone systems and manual work processes by integrating the functions into an automated system. Phase one of the project is to replace the accounts payable, accounts receivable, general ledger and purchasing systems. Phase two of the ERP system is to implement a new Human Resource system that is integrated with the financial system. Head count is tied to salaries that is linked to cost centres that makes the connection a natural "logical fit" for integration. Over the years, many municipalities have replaced their Vailtech financial systems with newer, more robust and integrated financial management solutions. The trend today is to replace these legacy systems with ERP systems. The next step in the process is to develop a Request for Proposal (RFP) for a new financial system. This step includes developing the system specifications, RFP evaluations, arranging demonstrations and recommending a vendor. The goal of the new financial system is to accommodate the City's future growth due to Seaton and downtown intensification. In addition, replacing the current system will result in efficiencies that will reduce the time and effort spent oh financial administrative processing, ensuring more resources can be dedicated to core business activities and service delivery. Deloitte has been the City's auditor since January 15, 2002. They provide a variety of auditing, accounting and advisory services to a number of municipalities including six of eight local municipalities and the Region of Durham. They are familiar with the City's current business and have a vast experience in the municipal sector to help ensure that the City's new financial system is capable of meeting the City's financial information needs for the next twenty to thirty years. In accordance with Purchasing Policy 1 0.03(c) where the project or annual cost of a consulting or professional service assignment is expected to be more than $50,000.00 and the initiating Director intends to acquire the services without obtaining written proposals, the Director shall submit a Report to Council to obtain approval to engage the services of a particular consultant. Staff are recommending Council approval of the fee proposal submitted by Deloitte for Consulting and Professional Services for the Development of Financial System Specifications and RFP Proposal and vendor selection in the amount $99,725.00 (net of HST rebate). 72 73 FIN 19-16 October 17, 2016 Subject: Consulting and Professional Services for the Development of Page 3 Financial System Specifications and RFP Proposal and Vendor Selection Financial Implications: 1. Project Costing Summary Fee Proposal HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost 2. Approved Source of Funds 2016 Current Budget -Finance Approved Code Source of Funds 2127.2392.0000 Financial Systems Reserve Project Cost under (over) approved funds by Budget '$1 00,000.00 $98,000.00 12,740.00 $110,740.00 (11 ,015.00) $99,725.00 Required $99,725.00 $275.00 Discussion: The City of Pickering has an annual operating and capital budget that exceeds $122.0 million. Ensuring that the organization's finances and assets are managed in accordance with the requirements of the regulatory and statutory requirem~nts requires a robust and secure enterprise-wide solution. In addition, the underlying financial processes must be efficient and effective, providing key financial information and indicators of performance to inform decision making by senior management, departments and Council. Last year, Deloitte undertook an analysis of the City's current financial system. The document is attached to this report. The Deloitte study reviewed the current accounting system and provides several options for the City to consider. The authors reviewed the "Status Quo" option and are recommending that this option not be pursued. The key issues and/or challenges with the current system are: • The City has 24 separate business applications processing financial information and these systems are not fully integrated, resulting in lost opportunities in efficiency and decision making. • Processes are manual and require significant staff effort leading to increased cost and financial risk. • Current system reports provide limited information and do not provide flexible reporting capability for operational and management decision making. City of Pickering r=inanc;e System l=<eview cJI1cj usiness Cc.lse Seplernber 2015 0\terview The Project. The City of Pickering (City) contracted with Deloitte to undertake a review of their finance system (Vailtech) and underlying processes. The assessment of financial processing includes: accounts -receivable, accounts payable, purchasing, budgeting and forecastfng. As the City is already 111oving to a new property tax system this area was not specifically considered for replacement. . . -; . . .. Current Systems. The City has at least 24 separate business applications processing financial information. These systems are not integrated and many are challenged in terms of functionality, reporting and vendor support. A significant amount of "donated labour"* is expended in achieving operating and reporting targets under the current system. In order to further enable the efficient and effective delivery of service, the City needs to modernize their technology landscape, with the core finance system as the anchor starting point. This report provides: • A recommendation that the City would benefit from an investment in a new finance system; • lmple111entation scope for a new finance system; • The related costs and benefits of a new implementation; and • A brief road map of activities for the City to consider as part of the procurement initiative. • The term donated labour refers to overtime hours that are incurred by management staff but not paid by the City. Management estimates this to be 300 -500 hours a year within the finance department. .J!l Deloitte LLP and affiliated entities. 00 4 Overview ( continu d) Benefits. Our assessment has identified numerous opportunities fo·r efficiency through process automation, approval workflows, integration, reporting and enhanced, fact-based decision making. Undertaking a finance system implementation is a significant change _effort and requires full organizational buy in. However, the potential benefits are also significant in terms of efficiency, cost avoidance and effectiveness: • Rationalize the number of business applications used to process financial transactions;· • Avoid cost of adding new staff to administrative processes as the organization grows; • Automate significant amounts of manual processes and activities with fon11s automation and system wo"rkflows; • Enhance management's capability to lead the business based on timely, reliable and valuable information; • Centralized mechanism to re-deploy manual effort to value added activities such as decision support. and continuous improvement; • Rationalize redundant processes and duplicated efforts through enhanced integration of core systems; • Enhance internal controls and better mitigate financial and reputation risks; and • Position the City for taking advantage of technological advancements in the future (ex. mobile functionality) © Deloille LLP and affiliated entities. · 5 ... · .. '; co ...... © Deloille LLP and affiliated entities. City's growth path· r quires inistrative tect1no1o·gy dernizati n of The current financial processing environment presents several limitations to the City's future growth aspirations. Based on current projections the City is looking to add 60,000 residents by 2030, representing approximately 67°/o growth. In the context of approved development projects the City ·can expect an increase in transactional volumes, as well as a greater need to enhance operational controls, gain efficiencies, and provide better data for management decision making. 1. Vailtech is not sustain.able-the current financial system has reached end of life after 15 years of use at the City. The system's ability to cope with future accounting requirements is limited and would result in further manual workarounds and increased demand on staff. 2. Workflows and approvals are manual -significant effort and paper shuffle is cumbersome to manage, leading to increased financial and reputation risk that is difficult to mitigate. 3. Limitations in budget forecasting for financial commitments-increases risk of over-commitment against project or department budgets and inability to maximize interest income on cash flow. 4. Dispersed information manage1nent through "workarounds"-system inadequacies have inspired a proliferation of Excel in all departments, increasing risk of errors and data integrity in addition to · efficiency losses. ~Deloilte LLP and affiliated entities. N 8 00 w ~ft1e City's growth pati1 requir~s modernization of. adrninistrative technology (continued) 5. Availability of adequate reporting -current system reports provide limited information and do not provide flexible reporting capab.ility for operational and management decis·ion making. . · 6. · Insufficient automation for managing risk and ensuring financial control -controls are manually . intensive and rely on the experience and reliability of key current staff. 7. Lack of meaningful analytics -the burden of effort on simply processing and managing information . has reduced capacity for value added analytics and fact based decision making. 8. Capital project procurement practices-Current tools are not user-friendly resulting in manual contract and vendor management practices. © Deloilte LLP and affiliated entities .. g The risk of doing nothi119 a systems ut existing N 1nanc Maintaining the status quo exposes the City to various operational and financial risks. Municipal organizations can be tempted to direct funds towards constituent facing projects while neglecting administrative systems. However this approach comes at its own cost. • Financial risk of error and fraud-manual internal controls have been developed to compensate for lacl< of system functionality. These controls are person dependent and susceptible to turnover risk. ' ' • Escalating costs to serve ali.d administer-direct correlation of population to staff growth will continue to increase operating budgets. • Contract management risk increases-vendor contracts will grow in size and volume without a system to manage vendor performance and compliance. This risk is most relevant in the context of the City's manual and decentralized capital project accounting practices. • Key.person dependency risk increases-manual process workarounds rely heavily on the person processing. • Manually intensive financial processing and reporting-the City relies on significant amounts of . unpaid overtime labour from key management staff to achieve internal and external reporting objectives. • Finance system failure-inevitably, the system will fail to meet requirements and the fix/upgrade will be challeng.ing with. costs substantially higher than a planned replacement. (B Deloille LLP and affiliated entities. 0') '12 (X) ........ Proj cted be11efits of w Finane system The most desired benefit is to have a consolidated and integrated Finance system environment that will enable data capture and transaction processing at the source, with enhan·ced integration of operating and administrative systems. Allows for routing of transactions through a hierarchy for approvals. • Provides work lists for users. • . Leverages email notifications for approvals. • Official ledger of the City for financial data with commitment control and . encumbrances. • Department applications will interface financial information on a more timely basis. • Automated controls are more reliable than manual. • Ability to segregate key activities and route approvals. • Enables data capture at source, with routing for validation and approvals. · © Deloilte LLP and affiliated entities. • Consistent service delivery to departments.; • Easier for: training, mobility of resource. • Automated processes are more reliable and timely. • Less manual intervention between systems. Less d~ta aggregation in "side" systems. • Consistent data definitions and attributes. Drill down reporting capability~ • Statistics ledger for KPis and dashboards. • Decentralized report writing/analytics. 13 co co Determining a th forw rd • There is a need for new technology to enable the efficiencies in processing and increased effectiveness of reporting and decision support, therefore a formal RFP process is required to evaluate · potential solutions. -The City should conduct an RFP for a solution rather than just the software, as this provides for comparable assessment of total cost of ownership, and can allow for better planning and budget estimating prior to contracting for the software license. • For this business case, we have assessed the options on the following slide, estimating costs and benefits only for option 3 and 4, as there are more available data points, and it provides a high watermark of cost and benefits. · -The RFP process will allow further assessment of options 2,3 and 4, with lower costs expected ' ' through a competitive process. · -As the cloud marketplace is evolving rapidly, costs and benefits for option 4 are given based on 2014 price and contractstructures. The City should assess vendor maturity and total costof ownership considerations as -part of the future procurement process. -This business case should be updated prior to implementing the selected solution. © Deloille LLP and affiliated entities. 15 c.o ....... © Deloille LLP and affiliated entities. 17 lm nt ti n sc e f r n w syst ' ' The intended scope is to replace Vailtech with new core finance system including general ledger, accounts payable, accounts receivable, and purchasing modules. A new property tax system as been acquired from the City of Mississauga which has already been integrated to core finance modules in other municipal environments. The desired outcomes and benefits from a new system are highlighted below. 1. Faster, better reporting -refreshed tools and reporting environments for leaders and end users. 2. Autoanated approvals-automated workflows, approvals and controls for users within the selected system. 3. Co1n1nitment accounting-new accounting structure with Commitment Accounting to improve budget management and timeliness of financial reporting for departments such as: . a) Enhanced integration-with depat1tnent applications, including Citywide, budgeting, recreation, properly tax, and future capital asset managetnent systems where real time integration will be required for committnent accounting; b) Drill down reporting-integration with detailed payroll data for enhanced drill down and analysis; c) Simplified accounting structure-development and conversion of a new charl of accounts; and d) Comparative reporting-conversion of prior and current year budget and general/edger transactions. (BDeloitle LLP and affiliated entities. I'>) "18 <.0 (A) Implementation scope for a new syst m · (continued) 4. Enhanced vendor management-.integrated Payables, Purchasing, Inventory, Vendor Man·agement and Contract Management to improve the overall efficiency and effectiveness of non-salary spend. 5. Improved stewardship of capital -integrated Capital Projects and Assets to improve stewardship of the City's assets and capital spend (dependenton future asset management planning) . . 6. End user focus-deployment to end users with training, communications· and post go-live support. @ Deloille LLP and affiliated entities. 19 Deloittew~ Deloitte, one of Canada's leading professional services firms, provides audit, tax, consulting, and financial advisory services. Deloitte LLP, an Ontario limited liability partnership, is the Canadian member firm of Deloitte Touche Tohmatsulimited. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. The information contained herein is not intended to substitute for competent professional advice. d> Deloitte LLP and affiliated entities. 0 101 ATTACHMENT#L._TO REPORT#~ {Cf~J' Deloittee September 22, 2016 Mr. Stan Karwowski Division Head, Finance & Treasurer City of Pickering One The Esplanade Pickering, ON LlV 6K7 Dear Mr. Karwowski: Re: ERP Selection Ad':'isory Deloitte LLP Bay Adelaide East 22 Adelaide Street West Suite 200 Toronto ON, M5H OA9 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte.ca This letter confirms the proposed engagement of Deloitte LLP ("Deloitte" or "we" or "us") by City of Pickering ("Pickering" or the "City") to advise the City in their Enterprise Resource Planning (ERP) selection. Deloitte will perform this engagement subject to the terms and conditions set forth herein and in the accompanying Appendix A. Scope of senices City of Picking has requested Deloitte to advise with the ERP selection process starting with gaining an understanding of the current business processes and systems to the development of their Request for Proposal (RFP) specification package of their ERP package. Deloitte will perform the agreed-upon services under the direction of City management to assist management with respect to identifying the requirements for an ERP solution, including the following activities and deliverables (collectively, the "Services"): Phase 1: Current State Assessment Deloitte will perform the following agreed-upon services under the direction of management to identify the requirements for a new ERP system: • Workshops with Pickering to review: o Current state Current business processes including Budgeting and Forecasting, Purchasing and Accounts Payable, Revenue and Accounts Receivable, Management Reporting, Finance, Payroll, Capital Assets, HR Current systems landscape Challenges in current systems and processes o Future state Vision for future state systems landscape and functional scope Develop list of requirements for future state Discuss potential technology options o Organizational technology standards and requirements • Document workshop fmdings • Workshop to review deliverable and finalize the requirements • Attend discovery calls from vendors, with management, as a technical advisor • Advise management on preparing specifications for the RFP September 22, 20 16 Page2 Deliverables include: • Summary of the workshops (processes maps, IT map, findings and requirements) • Selection approach and next steps • RFP specifications Phase 2-3: RFP Development, Demonstrations and Evaluation • Advise the City as they liaise with vendors and provide clarifications and responses durmg the RFP bidding period • Advice and perspectives on management's drafted evaluation framework (Deloitte can provide a generic template upon which ·city of Pickering can draft its framework) • Participate on the evaluation committee to read vendor submissions sent to City of Pickering • Advice and perspectives on management's drafted demo evaluation scorecard (Deloitte can provide a generic template upon which City of Pickering can draft its scorecard) • Attend, with management, initial demos with 3-4 vendors • Advice and perspectives on management's drafted detailed demo scenarios and expectations document • Attend detailed demonstrations with 2-3 vendors with management as a technical advisor • Advise management as they debrief discussions and make their selection • Attend proposal presentations from vendors, with management, as a technical advisor • Advise management as they make their final selection Deliverables include: • RFP evaluation scorecard template • Initial demo evaluation scorecard template • Detailed demo scenarios and expectations template • Detailed demo evaluation scorecard template Phase 4: Contracting • Support the drafting of further clarifications and attend reference calls • Advise management as they review the services and software agreements from vendor, as well as the statement of work • Provide final considerations and next steps related to preparation for the implementation Advisory work relating to subsequent phases (e.g. implementation quality oversight, etc.) are to be addressed as a separate engagement. The work product of this engagement will consist of providing verbal and written comments as well as observations, insights and perspectives. In some cases, such documents may be initially drafted by Deloitte personnel for City of Pickering management's consideration. In all cases, management will be responsible to review and make ultimate . decisions with respect to approval, modification, acceptance and use of such documents. Timing of the Services Pursuant to conducting all related workshops and demos according to the suggested timeline and milestones in the project plan, we expect to start this engagement in October 2016 and conclude Phase 1 of the engagement by end ofNovember 2016. 102 103 September 22, 2016 Page3 Phases 2, 3 and 4 of the engagement pertaiillng to the RFP, Demonstrations, Evaluation and Vendor Selection as well as Contracting work are scheduled to commence in May 2017 and conclude by end of July 2017 This time line has assumed that for the months of December 2016 through to April 20 17 :no further work related to this engagement will be performed. This time line also assumes that the RFP will be issued to the vendors during the first week of May 2017. A detailed wcirkplan can be found in Appendix B. Acknowledgments and agreements The City specifically acknowledges and agrees to the following: 1. The performance of the Services does not constitute an engagement to provide audit, compilation, review or attest services in accordance with professional standards issued by the Chartered Professional Accountants of Canada ("CPA Canada") and, therefore, Deloitte will not express an opinion or any other form of assurance with respect to any matters (including, without limitation, compliance with Public Sector Accounting Standards). 2. This engagement cannot be relied on to disclose internal control deficiencies, errors, or fraud should they exist. Deloitte has no responsibility for updating the Services performed or for performing any additional services, except as agreed to in writing with the City. 3. Management's purpose for engaging Deloitte to perform the Services is to assist management's own resources in selecting an ERP software and not to obtain an opinion from Deloitte. 4. The City shall be solely responsible for, among other things: (a) making all management decisions and performing all management functions; (b) designating one or more individuals who possess suitable skill, knowledge, and/or experience, preferably within senior management to oversee the Services; (c) evaluating the adequacy and results of the Services; (d) accepting responsibility for the results of the Services; and (e) establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities. Deloitte will not perform any management functions, make any management decisions or implement any solutions or processes. 5. All management decisions and final conclusions reached in connection with this engagement will be the responsibility of the City. Deloitte will not make any decisions or assessments. 6. The City will be solely responsible for all decisions regarding the accounting treatment of any item or transaction and acknowledges that the Services do not include the recording of any amounts in the City's books or records. All amounts derived from the performance of the Services will be reviewed and approved by, and will be the responsibility of, the City's management. 7. The nature, scope, and design of the Services are solely the responsibility of the City. Deloitte will rely, without independent verification on the facts, information and assumptions provided by the City. 8. Deloitte can act as a project manager over Deloitte personnel; however, Deloitte cannot coordinate or oversee the work of City or vendor resources. Deloitte can maintain a draft status scorecard of progress made towards achieving management's action steps and reporting on such to management. Management retains overall responsibility for the plan, management of City employees and reporting to other City executives and/or the board of directors. 9. Deloitte may be involved in City led meetings and Committees. Deloitte may participate and provide insights/advice based on best practices or process in these .sessions as a technical advisor, but Deloitte will not lead these sessions. 10. Deloitte cannot provide any forecasts, projections or budgets which could be used by the City for fmancial statement or budgeting purposes. This includes any cost assessments for various design models or builds. 11. Deloitte will not be designing or implementing the hardware or software system that aggregates source data underlying the fmancial statements or generates information that is significant to the fmancial statements or other fmancial information systems taken as a whole. 12. All communications with vendors are forwarded to the City of Pickering management September 22, 2016 Page4 13. Deloitte will not negotiate with, or commit City of Pickering to any commitment or contract Engagement team For this engagement we have assembled a team of highly skilled senior individuals who bring unique experience managing technology assessments, as well as fmance function transformations from planning through to implementation. Mike qoodfdlow will be the Lead Engagement Partner, and has overall responsibility for all aspects of this engagement. Mike will ensure that your expectations for our performance are both understood and exceeded. In this role, Mike is supported by a team that is responsible for the oversight and execution of . our advisory services · Vanessa Medeiros Coqueiro, Senior Manager, Assurance & Advisory will serve as the engagement manager and have responsibility for the execution of this engagement. Brandon Braganza, Manager, Assurance & Advisory will assist in delivering the project, and Matthew Colley, Senior Manager, Assurance & Advisory will serve as a Subject Matter Expert. This engagement team may; as necessary, call upon additional personnel either within Deloitte or a member firm ofDeloitte Touche Tohmatsu Limited to assist in performance of the Services. Fees The upset limit for this engagement is: Fee for services: $90,000 Disbursements (including travel, photocopying, gas, hotels, etc): $8,000 Total Cost: $98,000 HST: $12,740 Total: $110,740 The fees quoted for the Services are based on certain assumptions and our understanding of the engagement scope as outlined in this letter. Disbursements, such as but not limited to: travel, photocopying, gas, hotels, etc will be billed separately and during the execution of the Work. Other matters This engagement letter, including the appendices attached hereto and made a part hereof, constitutes the entire agreement between the City and Deloitte with respect to this engagement and supersedes all other prior and contemporaneous representations, understandings, or agreements between the parties, whether written or oral, relating to this engagement and may not be amended except by mutual written agreement of the City and Deloitte. If the above terms are acceptable to you and the Services described are in accordance with your understanding, please sign the copy of this engagement letter in the space provided and return it to us. We recognize the importance of this initiative and appreciate the opportunity to assist you in this assignment. If you have any questions or comments regarding our proposal, please contact me at mgoodfellowlal,deloitte.ca or at 416-643-8027. 104 105 September 22, 2016 Page 5 Yours truly, Mike Goodfellow Partner The services and terms set forth in this contract are accepted and agreed to by City of Pickering management: Signature Name Title Date September 22, 20 16 Page 6 Appendix A General business terms City of Pickering 1. Contract and parties. a. The engagement letter and attached schedules, appendices and attachments (the "Engagement Letter") issued by Deloitte LLP ("Deloitte") and addressed to the entity specified in the Engagement Letter (the "City"), and these General Business Terms (together, the "Contract") constitute the whole agreement between the City and Deloitte in relation to the services, deliverables and work product described in the Engagement Letter (the "Services"). For the purposes of this Contract, the "City" shall include such City's subsidiaries and affiliates as specifically identified in the Engagement Letter or, if none are identified, all the City's subsidiaries and affiliates (together with the City, the "City Group"). The City represents and warrants that it has the power and authority to execute this Contract on behalf of, and to bind, itself and its subsidiaries and/ or affiliates identified in the Engagement Letter or if none identified. those forming part of the City Group. b. This Contract is between the City and Deloitte. The City hereby agrees that Deloitte may use the services of any Deloitte Touche Tohmatsu Limited member firm and its respective subsidiaries and affiliates (including those operating outside ofCariada) or, with the consent of the City, the services of any other party (collectively, "Subcontractor"). The City's relationship is solely with Deloitte as the entity contracting to provide the Services. Each party is an independent contractor and neither party is, nor shall be considered to be, the other's agent, distributor, business partner, fiduciary, joint venturer, co-owner, or representative. Deloitte remains responsible to the City for all of the Services under this Contract, inc~uding Services performed by Subcontractors. Accordingly, to the fullest extent possible under applicable law, none of the Deloitte Entities (as defmed below) (except Deloitte) will have any liability to the City and the City will not bring, and will ensure that no other member of the City Group brings, any claim or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise and including, but not limited to, a claim for negligence) in any way in respect of or in connection with this Contract against any of the Deloitte Entities (except Deloitte). c. "Deloitte Entities" means Deloitte Touche Tohmatsu Limited ("DTTL"), a UK private City limited by guarantee, its member firms and their respective subsidiaries and affiliates (including Deloitte ), their predecessors, successors and assignees, and all partners, principals, members, owners, directors, employees, subcontractors and agents of all such entities. Neither DTTL nor, except as expressly agreed herein, any of its member firms has any liability for each other's acts or omissions. Each of the member firms of DTTL is a separate and independent legal entity operating under the names "Deloitte", "Deloitte & Touche", "Deloitte Touche Tohmatsu" or other related names; and services are provided by member fmns or their subsidiaries or affiliates and notbyDTTL. . 2. Responsibilities ofthe Client. The City shall cooperate with Deloitte in the performance by Deloitte of the Services, including, without limitation, providing Deloitte with reasonable facilities and timely access to data, information and personnel of the City. The City shall be responsible for the performance of its personnel and agents, for the timeliness, accuracy and completeness of all data and information (including all fmancial information and statements) provided to Deloitte by or on behalf of the City. Deloitte may use and rely on information and data furnished by the City or others without verification. Deloitte's performance shall be dependent upon the timely performance of the City's responsibilities hereunder and timely decisions and approvals of the City in connection with the Services. Deloitte shall be entitled to rely on all decisions and approvals of the City. 3. Payment ofinvoices. Deloitte's invoices are due and payable by the City within 30 days of receipt by the City. Without limiting its rights or remedies, Deloitte shall have the right to suspend or terminate the Services entirely or in part if payment is not receive~ within sixty (60) days of the invoice date. 106 107 September 22, 2016 Page 7 The City shall be responsible for all taxes, such as federal, provincial or other goods and services or sales taxes, gross receipts tax, withholding tax, and any similar tax, imposed on or in connection with the Services, other than Deloitte's income and property taxes. Expenses will be stated separately on the invoices. To the extent that Deloitte personnel are required to perform part of the Services in the United States of America ("U.S. Business"), the City and Deloitte agree to assign performance of the U.S. Business to Deloitte Canada LLP, an affiliate ofDeloitte. All services performed by Deloitte Canada LLP shall be performed under the direction ofDeloitte which shall remain responsible to the City for such Services. 4. Term. Unless terminated sooner in accordance with its terms, this Contract shall terminate once the Services have been performed. This Contract may be terminated by either party at any time, with or without cause, by giving written notice to the other party not less than thirty (30) calendar days before the effective date of termination, pro:vided that in the event of a termination for cause, the breaching party shall have the right to cure the breach within the notice period. In the event of termination, the City agrees to compensate Deloitte under the terms of the Engagement Letter for Services performed and expenses incurred through the effective date of termination. Deloitte may terminate this engagement with immediate effect upon 'written notice to the City if Deloitte determines that (i) a governmental, regulatory or professional entity (including, without limitation, provincial accounting institutes, Canadian and foreign securities commissions, the Canadian Public Accountability Board and the Public City Accounting Oversight Board (United States)) or an entity having the force oflaw has introduced a new, or modified an existing, law, rule, regulation, interpretation or decision the result of which would render the performance by Deloitte of any part of the Contract illegal or otherwise unlawful or in conflict with independence or professional rules, or (ii) circumstances change (including, without limitation, changes in ownership ofthe City or any of its subsidiaries or affiliates) such that the performance by Deloitte of any part of the Contract would be illegal or otherwise unlawful or in conflict with independence or professional rules. 5. Confidentiality. a. To the extent that, in connection with this Contract, Deloitte comes into possession of information relating to the City which is either designated by the disclosing party as confidential or is by its nature clearly confidential (the "Confidential Information"), Deloitte shall not disclose such Confidential Information (including Personal Information as defmed below) to any third party without the City's consent, except as follows. The City hereby consents to Deloitte disclosing such Confidential Information (a) to legal advisors, external and internal auditors, insurers, other Deloitte Entities or as may be required or permitted by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with potential litigation; (b) to a Subcontractor, and the City acknowledges that, by such consent, the Confidential Information disclosed may be subject to the domestic and intert;1ationallaws applicable to the Subcontractor; or (c) to the extent such Confidential Informati~n (i) shall have otherwise become publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of a disclosure by Deloitte in breach hereof, (ii) becomes available to Deloitte on a non-confidential basis from a source other than the City which Deloitte believes is not prohibited from disclosing such information to Deloitte by obligation to the City, (iii) is known by Deloitte prior to its receipt from the City without any obligation of confidentiality with respect thereto, or (iv) is developed by Deloitte independently of any disclosures made by the City to Deloitte of such information. b. All Services are only intended for the benefit of the City for its internal use and City agrees that such Services and any work product prepared by Deloitte and delivered to the City will not be circulated, quoted, disclosed or referenced to any other third party except as provided above or in the Engagement Letter. The mere receipt of any work product or advice by any other persons is not intended to create any duty of care, professional relationship or any present or future liability between those persons and Deloitte. As a consequence, if copies of any work product or other advice (or any information derived therefrom) are provided to others under the above exclusions, it is on the basis that Deloitte owes no duty of care or liability to them, or any other persons who subsequently receive the information. September 22, 2016 Page 8 c. In addition, the City acknowledges and agrees that to the extent a Deloitte Entity is the independent auditor of any entity in the City Group, any information that comes to the attention of Deloitte in the course of performing this Contract may be considered and used by the Deloitte Entity independent auditor in the context of responding to its professional obligations as the independent auditor for the City. d. The City agrees to reimburse any costs any Deloitte Entity or any Subcontractor may incur in complying "":ith any legal, professional or regulatory disclosure requirement relating to any of the Services imposed in any proceedings or regulatory process not involving any substantive claim or proceeding against any such Deloitte Entity or Subcontractor, provided the City is notified promptly and, where reasonably or legally possible, prior to disclosure. e. Deloitte acknowledges that any submissions and information exchanged shall become a record belonging to the City and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act. This provincial law gives individuals, businesses and other organizations a legal right to request records held by the City, subject to specific limitations. Deloitte should be aware that it is possible that any records provided to the City, including but not limited to, pricing, technical specifications, drawings, plans, audio-visual materials or information about staff, parties to the bid or suppliers could be requested under this law. Records relating to the contract could possibly be released under MFIPP A. If Deloitte believes that all or part of the quote should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the City in making a determination on release if a request is made. The identity of all companies, as well as total prices, may be available to the public subject to the City's Purchasing Policy. 6. Limitation on warranties. This is a services engagement. Deloitte warrants that it shall perform the Services in good faith and with due professional care. Deloitte disclaims all other warranties, either express or implied, including, without limitation, warranties of merchantability and/or fitness of the Services for a particular purpose. 7. Limitation on damages. Deloitte, any other Deloitte Entity and their respective personnel, if and only to the extent it is determined such other Deloitte Entity and its respective personnel have a liability, shall not be liable to the City Group for aily claims, liabilities, losses, damages, costs or expenses relating to this Contract, the Services and the Deliverables (as defined below) ("Claims") for an aggregate amount in excess of the fees paid by the City to Deloitte, except to the extent fmally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Deloitte, or any other Deloitte Entity or their respective personnel. In no event shall any Deloitte Entity (including Deloitte) or its respective personnel be liable for any loss of use, data, goodwill, revenues or profits or failure to realize expected savings (whether or not deemed to constitute direct Claims) or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this Contract, the Services and the Deliverables. In circumstances where all or any portion of the provisions of this section are finally judicially determined to be unavailable, the aggregate liability ofDeloitte, any other Deloitte Entity; any Subcontractor and their respective personnel for any Claim shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claim. The provisions of this section shall apply regardless ofthe form of action, damage, claim, liability, cost, expense, whether in contract (including fundamental breach), statute, tort (including negligence) or otherwise. If the liability exclusion for Deloitte Entities and Subcontractors provided in section 1 (b) is for any reason not effective, then the limitations on liability provided for in this section 7 shall apply to Deloitte Entities and Subcontractors as if they were named therein. 8. Indemnification. The City shall indemnify and hold harmless Deloitte, any other Deloitte Entity and their respective personnel from all third party Claims related to the Services, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Deloitte, any other Deloitte Entity or any of their respective personnel. In circumstances where all or any portion of the provisions of this paragraph are finally judicially determined to be unavailable, the aggregate liability of Deloitte, other Deloitte Entities and their respective personnel for any third party 108 109 September 22, 2016 Page 9 Claim shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claim. The provisions of this section shall apply reg~rdless of the form of action, damage, claim, liability, cost, expense, whether in contract (including fundamental breach), statute, tort (including negligence) or otherwise. · 9. Limitation on actions. No action, regardless of form, relating to this Contract or the Services, may be brought by either party more than two years (or the applicable period under any mandatory statutory limitation period in the relevant jurisdiction) after the cause of action has accrued under applicable law 10. Ownership of work product and work papers. a. To the extent that Deloitte utilizes or develops any of its property (whether tangible or intangible) in connection with this Contract, such property, including work papers, shall become the property ofthe City. Any intellectual property and proprietary rights in the material provided by City Group for performing the Services shall remain the property of the City Group. City acknowledges that Deloitte, in connection with performing the Services, may develop or acquire general experience, skills, knowledge, and ideas that are retained in the memory of its personnel. The City acknowledges and agrees that Deloitte may use and disclose such experiences, skills, knowledge. b. All working papers, files and other internal materials created or produced by Deloitte related to this engagement that are not Deliverables are the exclusive property of Deloitte. 11. Force majeure. Neither party shall be liable for any delays or nonperformance resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the other party (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, epidemic, strike or labour dispute, war or other violence, or any law, order, or requirement of any governmental agency or authority. 12. Non-solicitation. Deloitte and the City each agree not to directly or indirectly solicit, employ or engage, any personnel of the other party involved in this engagement for a period of six ( 6) months following any such personnel's involvement with the provision of the Services or otherwise directly connected with this Contract, except where an individual responds directly to a general recruitment campmgn. 13. Communications. a. Except as instructed otherwise in writing, each party may assume that the other approves of properly addressed fax, email (including emailexchanged via internet media) and voicemail communication of both sensitive and non-sensitive documents and other communications concerning this Contract, as well as other means of communication used or accepted by the other. b. It is recognized that the internet is inherently insecure and that data can become corrupted, communications are not always delivered promptly (or at all) and that other methods of communication may be appropriate. Electronic communications are also prone to contamination by viruses. Each party will be responsible for protecting its own systems and interests and will not be responsible to the other on any basis (contract, tort or otherwise) for any loss, damage or omission in any way arising from the use of the internet or from access by Deloitte personnel to networks, applications, electronic data or other systems of the City Group. 14. Privacy. Deloitte and the City acknowledge and agree that, during the course of this engagement, Deloitte may collect person£!.1 information about identifiable individuals ("Personal Information"), either from the City or from third parties. Deloitte's services are provided on the basis that the City has. obtained any required consents for collection, use and disclosure to us of Personal Information required under applicable privacy legislation. The City and Deloitte agree that Deloitte will collect, use and disclose Personal Information on behalf of the City solely for purposes related to completing this engagement, related engagements, or providing services to the City and Deloitte shall not collect, use and disclose such Personal Information for Deloitte's own behalf or for its own purposes. September 22, 2016 Page 10 15. Anti-money laundering. Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), Deloitte and its personnel are required to report any (a) attempted or completed suspicious transactions (transactions which are reasonably suspected to be related to the commission of a money laundering or terrorist fmancing offence), (b) terrorist property that comes into the possession ofDeloitte, and (c) large cash transactions (receipt by Deloitte of over $10,000 Canadian or equivalent in cash) to the Financial Transactions and Reports Analysis Centre of Canada, a government agency. The Act specifically prohibits Deloitte from informing a client that a report has been made. 16. Entire agreement, modification and effectiveness. Nothing discussed prior to execution of the Engagement Letter induced, nor forms part of, the Contract unless as specifically set out in this Contract. This Contract supersedes any previous agreement, understanding or communication, written or oral, relating to its subject matter. No variation to the Contract shall be effective unless it is documented in writing and signed by authorized representatives of both parties, provided, however, that the scope of Services set forth in the Engagement Letter may be changed by agreement of the parties in writing, including by e-mail or facsimile. IfDeloitte has already started work (e.g. by gathering information, project planning or giving initial advice) then the City agrees that this Contract is effective as of the start of such work. 17. Assignment. Except as provided in paragraph 1, no party may assign, transfer, or delegate any of its rights or obligations relating to this Contract without prior written consent of any other party. Neither party will directly or indirectly agree to assign or transfer to a third party any claim against the other party arising out of this Contract. 18. Governing law and submission to jurisdiction. This Contract, including exhibits and all matters relating to it shall be governed by, and construed in accordance with, the laws of the province of Ontario Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively in the courts ofthe province of Ontario. The parties hereby expressly and irrevocably (i) submit to the exclusive jurisdiction of such courts for the purposes of any such action or proceeding and (ii) waive, to the fullest extent permitted by law, any defense of inconvenient forum to the venue and maintenance of such action in any such courts. 19. Survival and interpretation. a. Any provisions of the Contract which either expressly or by their nature extend beyond the expiration or termination of this Contract shall survive such expiration or termination, including, without limitation, sections 1(b), 5, 6, 7, 8, 9, 10, 12, 16, 17, 18, 19 and 20. b. Deloitte Entities are intended third party beneficiaries of this Contract and any Deloitte Entity may in its own right enforce such terms. c. If any provision of this Contract is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein. 20. Qualifications. Notwithstanding anything herein to the contrary, Deloitte may use, with prior written approval from the City, the name of the City, refer to this engagement and the performance of the services in marketing, publicity materials and other material, as an indication of its experience, and in internal data systems. 110 1 1 1 ?'l.J l ----ClltJ O(J ~~~~ Pl KERlNG From: Stan Karwowski Director, Finance & Treasurer Report to Council Report Number: FIN 20-16 Date: October 17, 2016 Subject: Ontario Community Infrastructure Fund -Formula-Based Component Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund -Formula-Based Component funding contribution Agreement on terms satisfactory to the Director, Finance & Treasurer; 2. That the draft by-law attached hereto be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: On July 4, 2016 the Province of Ontario announced the expansion of the Ontario Community Infrastructure Fund (OS IF) to more than $670 million over three years to help build and repair critical infrastructure. The fund focuses on roads, bridges, water and wastewater infrastructure projects in municipalities that have a population of less than 100,000. The $670 million includes $420 million in formula-based and $250 million in the new "Top-Up" application funding component that replaces the previous application based funding. In order to qualify for the funding, Council is required to approve the attached by-law. Financial Implications: The City's proposed OCIF-Formula based funding allocation for the next three years is shown in the table below. A new "twist" with this program is that the Provincial government will now allow the accumulation of the annual funding formula to be accumulated or banked for up to five years to address larger infrastructure projects. Formula Based Funding 2017 Formula Allocation 2018 Proposed Formula Allocation 2019 Proposed Formula Allocation Total Proposed Allocation Funding Amount $390,315 554,998 870,932 $1,816,245 FIN 20-16 October 17, 2016 Subject: Ontario Community Infrastructure Fund -Formula-Based Component Page 2 The 2017 roads capital budget will reflect the use of these funds. The capital forecast (2018 to 2021) will reflect the use of these dollars for 2018 and 2019. Discussion: The Government of Ontario created the OCIF to provide stable funding to help small communities address core infrastructure needs in relation to roads, bridges, waste and stormwater. Under this program, qualifying municipalities will receive allocations for the next three years providing a more predictive source of funding. The use of these funds is strictly limited to capital maintenance renewal and or rehabilitation. In other words, these dollars are not to be used for growth-related expansion projects such as new subdivision infrastructure. In order to receive funding, the municipality is required to meet the following reporting obligations by December 16, 2016: • ·Financial Information Return (FIR) must be submitted to Ministry of Municipal Affairs & Housing. • Asset Management Plan must be submitted to OMAFRA. The City file9 its 2015 FIR in June and the City's Asset Management Plan was approved by Council in December, 2013. A revised asset management plan is currently being developed to meet Federal Gas Tax reporting requirements that is due by the end of the year. OCIF Top-Up Application The OCIF Top-Up application component is aimed at allowing eligible applicants to bring their total OCIF funding for 2017 and 2018 up to $2.0 million over two years. Currently, the City's top-up component "CAP" is $1,054,687. Proposed project applications are being assessed primarily on the critical health and safety aspects and structure condition. Eligible capital infrastructure expenditures includes roads, bridges and stormwater facilities that are part of the asset management plan. Key facets of the program are: 1. Applications and all supporting documents are due on October 21, 2016-5:00 PM. 2. The proposed project must becompleted by December 31, 2018. 3. Up to 90% of the project's total eligible cost to maximum of the Top-Up amount. Attachments: 1. By-law Authorizing the Execution of the Ontario Community Infrastructure Fund- Formula-Based Funding Contribution Agreement 112 115 Schedule "A" File Number. OCIF FC-304 BETWEEN: ONTARIO COMMUNITY INFRASTRUCTURE FUND FORMULA-BASED COMPONENT AGREEMENT HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the "Province") -and- The Corporation of the City of Pickering (the "Recipient") BACKGROUND The Province created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in r~lation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financial tools to address critical infrastructure challenges and provide long-term financial support for the rehabilitation and repair of core infrastructure for those in most need. The Ontario Community Infrastructure Fund is composed of two components: (1) the Application- Based Component; and (2) the Formula-Based Component. The Formula-Based Component of the Ontario Community Infrastructure Fund is based on a municipality's local fiscal circumstances and its total core infrastructure assets with a minimum grant of fifty thousand dollars ($50,000.00). The Recipient is eligible to receive funding under the Formula-Based Component of the Ontario Community Infrastructure Fund. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties agree as follows: · 1.0 ENTIRE AGREEMENT 1.1 This Agreement; including: Schedule "A"-General Terms And Conditions, Schedule "B"-Additional Terms And Conditions, Schedule "C"-Operational Requirements Under The Agreement, Schedule "D"-Eligible Project Categories, Schedule "E"-Eligible And Ineligible Costs, Page 1 of35 Schedule "F"-Financial Information, Schedule "G"-Aboriginal Consultation Requirements, Schedule "H"-Communications Protocol, and Schedule "I"-Reports, File Number: OCIF FC-304 constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. 2.0 COUNTERPARTS 2.1 This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument 3.0 AMENDING AGREEMENT 3._1 This Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges and agrees that: (a) By receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the BPSAA, the PSSDA and the AGA; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA that may be applicable to the Recipient; (c) The Fun_ds are (i) To assist the Recipient to carry out the Project and not to provide goods or services to the Ontario Community Infrastructure Fund -Formula-Based Component, and (ii) · Funding for the purposes of the PSSDA; and (d) The Province is not responsible for, nor does the Province have a managerial role in, the undertaking, implementation, completion, operation and/or maintenance of any Project to which Funds are directed. The Recipient will not seek to hold the Province responsible for the undertaking, implementation, completion, operation and/or maintenance of any Projects to which Funds are directed through recourse to a third party, arbitrator, tribunal or court. 5.0 IMPACT OF RECEIVING FUNDING UNDER THIS AGREEMENT ON ANY EXISTING ONTARIO COMMUNITY INFRASTRUCTURE FUND FUNDING COMPONENT AGREEMENT 5.1 The Recipient acknowledges and agrees that if the Recipient receives Funds under this Agreement, the Recipient will be ineligible to receive any additional funds under any existing Ontario Community Infrastructure Fund Formula-Based Component agreement that it may Page 2 of35 116 117 File Number: OCIF FC-304 have with the Province. By way of example only, if the Recipient has an existing Ontario Community Infrastructure Fund Formula-Based Component agreement with the Province and was eligible to receive Funds for 2017 under that existing Ontario Community Infrastructure Fund Formula-Based Component agreement and receives Funds for 2017 under this Agreement, the Recipient is not eligible to receive any Funds for 2017 under its existing Ontario Community Infrastructure Fund Formula-Based Component agreement. [REST OF PAGE INTENTJONALL Y LEFT BLANK -SIGNATURE PAGE FOLLOWS} Page :i of35 119 Rle Number. OCU:: FC-304 SCHEDULE "A" GENERAL TERMS AND CONDITIONS ARTICLEA1 INTERPRETATION AND DEFINITIONS A 1.1 Interpretation. For the purposes of interpreting this Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference purposes only and will not affect the interpretation of the Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; ... (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be . amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of this Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financi~l data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles; and (h) The words "include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2 Definitions. In this Agreement, the following terms will have the following meanings: "Aboriginal Group" includes the Indian, Inuit and Metis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. "Additional Terms and Conditions" means the terms and conditions referred to in section A9.1 of Schedule "A" to this Agreement and specified in Schedule "B" of this Agreement. "AGA" means the Auditor General Act. "Agreement" means this agreement entered into between the Province and the Recipient and includes all of the Schedules listed in section 1.1 of this Agreement and any amending agreement entered into pursuant to section 3.1 of this Agreement. "Allocation Notice" means the notice that the Recipient received from the Province setting out the amount of Funds the Recipient is eligible to receive from the Province for the Funding Year in which the notice was issued. The "Allocation Notice" also includes the proposed allocation of Funds that the Recipient is eligible to receive for the following two Funding Years (although these proposed allocations are subject to change). · "Annual Financial Report" means the report that the Province will provide, either in paper or electronically, to the Recipient pursuant to this Agreement. Page 5 of35 File Number: OCIF FC-304 "Arm's Length" has the same meaning as set out in the Income Tax Act (Canada), as it read ori the Effective Date of this Agreement, and as treated or defined . under Generally Accepted Accounting Principles. "Auditor General" means the Auditor General of Ontario. "BPSAA" means the Broader Public Sector Accountability Act, 2010. "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is closed for business. "Communications . Protocol" means the protocol set out under Schedule "H" of this Agreement. "Consultant" means any person the Recipient retains to do work related to this Agreement. "Conflict Of Interest" includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with. the Recipient's objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. · "Contracf' means an agreement between the Recipient and a third-party whereby the third- party provides a good or service for the Project in return for financial consideration that may be submitted by the Recipient for the Province's consideration as an Eligible Cost. "Effective Date" means the date on which this Agreement is effective, as set out under section C1.1 of Schedule "C" of this Agreement. "Eligible Costs" means those costs set out under section E1.1 of Schedule "E" of this Agreement. "Event of Default" has the meaning ascribed to it in section 15.1 of Schedule "A" this Agreement. "Expiry Date" means the date on which this Agreement will expire, as set out under section C1.2 of Schedule "C" of .this Agreement unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. "FAA" means the Financial Administration Act. "Failure" means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. "FIPPA" means the Freedom of Information and Protection of Privacy Act, 1990. "First Nation" means a band, as defined under section 2(1) of the Indian Act (Canada). Page 6 of35 120 1 21 File Number: OCIF FC-304 "Funding Year" means the period commencing January 151 of one calendar year and ending December 31st of the same calendar year. "Funds" means the money the Province provides to the Recipient pursuant to this Agreement, as set out in an Allocation Notice or Revised Allocation Notice issued under this Agreement each Funding Year. "Indemnified Parties" means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. "lnelig.ible Costs" means those costs set out under section E2.1 of Schedule "E" of this Agreement. "Interest Earned" means the amount of money earned by the Recipient from placing the Funds in an interest bearing account as set out ·under section A3.4 of Schedule "A" of this Agreement. "Local Services Board" means a board established under the Northern Services Boards Act. "MA" means the Municipal Act, 2001. "Notice" means any communication given or required to be given pursuant to this Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an .Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to .extend that time. "Parties" means the Province and the Recipient collectively. "Party" means either the Province or the Recipient. . "Project" means the undertaking: (a) · Described in the Project Information Form the Province provides to the Recipient pursuant to this Agreement; and (b) Approved by the. Province. "Project Information Form" means the form that the Province will provide, either in paper or electronically, to the Recipient pursuant to this Agreement.. · "PSSDA" means the Public Sector Salary Disclosure Act, 1996. "Reports" means the reports set out under Schedule "I" of this Agreement. "Requirements of Law" means all applicable statutes, regulations, by~laws, ordinances, codes, official plans, .rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subjectto the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA Page 7 of 35 File Number. OCIF FC-304 and those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. · "Revised Allocation Notice" means an Allocation Notice that the Province issues that alters an Allocation Notice that the Province previously issued. "Term" means the period of time beginning on the Effective Date. of this Agreement and ending on the Expiry Date unless terminated earlier pursuant to Articles A 13, A 14 or A 15 of this Agreement. A 1.3 Conflict. Subject to section A9 .1 of Schedule "A" of this Agreement, in the event of a conflict between the terms and conditions set out in this Schedule "A" of the Agreement and the terms or conditions set out in any other Schedule of this Agreement, the terms and conditions set out under this Schedule "A" of the Agreement will prevail. ARTICLEA2 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, a validly existing legal entitywith full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out any Projects to which it directs any of the Funds being provided under this Agreement ancl is not indebted to any person to the extent that that indebtedness would undermine the Recipient's ability to complete the Projects to which it directs the Funds; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law related to any aspect of the Project, the Funds or both for the Term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it. A2.2 Execution Of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement. A2.3 Governance. The Recipient represents, warrants and covenants that it has, and will ·maintain, in writing for the Term of this Agreement: (a) A code of conduct and ethical responsibilities for all persqns at all levels of the Recipient's organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient; (d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to; in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; Page 8 of35 122 123 File Number: OCIF FC-304 (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. A2.4 Approvals, Licenses And Permits. The Recipient represents, warrants and covenants that it has or will apply for any approval, license, permit or similar authorization necessary to carry out the Project before carrying out the Project. For greater clarity, the Recipient acknowledges and agrees that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to i?sue any type of approval, license, permit or similar authorization that the Recipient may need or want in relation to undertaking any Project to which Funds are directed or to meet any other term or condition under this Agreement. A2.5 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article A2 of this Agreement. A2.6 Additional Covenants. The Recipient undertakes tc:> advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections A2.1, A2.2, A2.3 or A2.4 of Schedule "A" of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. ARTICLEA3 FUNDS AND CARRYING OUT THE PROJECT A3. 1 Funds Provided. The Province will: (a) . Provide the Recipient up to the amount of Funds set out in the Allocation Notice for each Funding Year during the Term of this Agreement for the sole purpose of carrying out one or more Projects; . (b) Provide the Funds to the Recipient in accordance with Schedule "F" of this Agreement; (c) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient. A3.2 Limitation On Payment Of Funds. Despite section A3.1 of Schedule "A" of this Agreement: (a) The Province is not obligated to provide any Funds set out in an Allocation Notice or Revised Allocation Notice to the Recipient in any Funding Year until: (i) The Recipient provides the insurance certificate or other proof as the Province may request pursuant to section A 12.2 of Schedule "A" of this Agreement, (ii) The Recipient has submitted to the Ministry of Municipal Affairs any outstanding financial information returns by December 31st of each calendar year, Page 9 of35 File Number. OCIF FC-304 . . (iii) The Recipient has submitted to the Ministry of Agriculture, Food and Rural Affairs all outstanding reporting under any other Ontario Community Infrastructure Fund contribution agreement, and (iv) The Recipient has submitted to the Ministry of Agriculture, Food and Rural Affairs a copy of their asset management plan and any subsequent updates by December 31st of each calendar year if not previously submitted; (b) The Province is not obligated to provide any instalments of Funds set out in an Allocation Notice to the Recipient in any Funding Year until the Province is satisfied with the progress of the Project; · (c) The Province may, acting reasonably: (i) Adjust the amount of Funds set out in the Recipient's Allocation Notice or Revised Allocation Notice, and/or (ii) Adjust the amount of Funds the Province actually provides to the Recipient in any Funding Year, and/or (iii) Hold all or a portion of the Funds set out in the Recipient's Allocation Notice or Revised Allocation Notice based upon the Provi,nce's assessment of the information provided by the Recipient pursuant to Article A? of Schedule "A" of this Agreement; and · (d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs; or (ii) Terminate the Agreement pursuant to section A 14.1 of Schedule "A" of this Agreement. A3.3 Use Of Funds And Project. The Recipient will: (a) · Only use the Funds being provided under this Agreement toward Projects that fall within the category of projects set out under section D1.1 of Schedule "D" of this Agreement; (b) Carry out and complete any Projects in accordance with the terms and conditions of this Agreement; (c) Use the Funds only for Eligible Costs that are necessary to carry out the Project; and (d) Not use the Funds for Ineligible Costs. A3.4 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest- bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds plus the Interest Earned in trust for the Province until the Recipient needs the Funds for the Projects. A3.5 No Provincial Payment Of Interest.. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient pursuant to a term or condition set out in this Agreement. A3.6 Funds For Funding Year Limited To Amount Set Out In Allocation Notice Or Revised Allocation Notice. The Recipient acknowledges and agrees that the Funds available to it for a Funding Year will not exceed the .amount set out in the Recipient's Allocation or Revised Allocation Notice for that Funding Year. Page 10 of 35 124 125 File Number. OCIF FC-304 A3.7 Recipient May Save Funds From One Funding Year To Use In Later Funding Years. The Recipient may save any Funds that it receives in one Funding Year, including any interest earned thereon, for use in later Funding Years. Where the Recipient saves Funds from one Funding Year to use in later Funding Years, the Recipient will be deemed to have spent any Interest Earned first, followed by the principal. A3.8 Saved Funds From One Funding Year Must Be Spent Within Five Funding Years Of The . Year The Funds Were Allocated. Despite anything else in this Agreement, the Recipient will spend any Funds, including any interest earned thereon, that it received and has saved within five (5) Funding Years in which those Funds were received. By way oJ example only, if a Recipient received Funds from the Province in 2017 and decided to save those Funds, the Recipient must spend those Funds, including any interest earned thereon, by December 31, 2021. In the event that the Recipient does not spend those saved Funds in accordance with the requirements set out in this section A3.8 of the Agreement, those saved Funds, including any Interest Earned thereon, will be returned to the Province. A3.9 Transfer Of Funds. The Recipient may transfer Funds provided under this Agreement to another entity provided the following is met: (a) The transfer of Funds is for a Project that is set out under section D1.1 of Schedule "D" of this Agreement; (b) The Project is in both the Recipient and the other entity's asset management plan; and (c) The entity receiving the Recipient's Funds must be eligible to receive those Funds. A3.10 Funds May Be Used For Projects Under Other Federal Or Provincial Funding Programs. The Recipient may use the Funds being provided under this Agreement for projects covered under other provincial or federal funding programs provided the following is met: . (a) The project is also a Project fhat is set out under section D1.1 of Schedule "D" of this Agreement; and . (b) The other provincial or federal funding program allows for Funds being provided under the Ontario Community Infrastructure Fund to be used toward a project under that other provincial or federal funding program. A3.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, for which the Recipient has received, will receive or is elig'ible to receive, a rebate, credit or refund. ARTICLEA4 ABORIGINAL CoNSULTATION A4.1 Provision Of Funds Dependent Upon The Province Meeting Its Duty To Consult Obligations. The Recipient acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon the Province satisfying any obligations it may have to consult with and, if appropriate, accommodate any Aboriginal Group with an interest in any Project in which Funds are directed in order for the Project to proceed. A4.2 Recipient Is The Province's Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, the Province delegates the procedural aspects of Page 11 of 35 File Number. OCIF FC-304 any consultation obligations the Province may have with any Aboriginal Group in relation to any Project in which Funds are directed to the Recipient as set out in Schedule "G" of this Agreement. The Recipient, by signing this Agreement acknowledges that the Province has delegated the procedural aspects of any consultation obligations that the Province may have with any Aboriginal Group in relation to any Project in which Funds are directed and accepts said delegation and agrees to act diligently as the Province's delegate so as to preserve the Honour of the Crown in relation to any consultation obligations that the Province may have in relation to any Project in which Funds are directed. A4.3 Recipients Obligations In Relation To Consultations. The Recipient will: (a) Be responsible for consulting with any Aboriginal Group that has an interest in any Project in which Funds are directed on behalf of the Province in accordance with Schedule "G" of this Agreement; (b) Take directions from the Province in relation to consulting with any Aboriginal Group with an interest in any Project in which Funds are directed as well as any other directions that the Province may issue in relation to consultations, including suspending or terminating any Project in which Funds are directed; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in any Project in which Funds are directed in its Reports. A4.4 Recipient Will Not Start Construction On Any Project Until Recipient Provides Evidence To The Province That Notice Of Project Has Been Given To Identified Aboriginal Groups. Despite anything else in this Agreement, the Recipient will not commence or allow a third party to commence construction on any aspect of any Project in which Funds are directed for forty-five (45) Business Days, or such other longer or shorter time as the Province may direct, after it has provided the Province with written evidence that the Recipient has sent notice about any ProjE?ct in which Funds are directed to the Aboriginal Groups the Province has identified in accordance with Schedule "G" of this Agreement. ARTICLE AS RECIPIENT'S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS A5. 1 Acquisition Of Goods And Services In Competitive Procurement Process. The Recipient will acquire any goods and services for the Project through a transparent, competitive process that ensures the best value for any Funds expended and at no greater value than fair market value, after deducting trade discounts and/or other discounts available to the Recipient. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the MA applies, the Recipient will follow its procurement policies required under the MA. Where the Recipient is a Local Services Board, the Recipient will obtain a minimum of three (3) written quotes for any goods or services which exceed twenty- five thousand dollars ($25,000.00), unless the Province provides its prior written approval to obtain such goods or services in another manner. The Province may waive the requirements of this section A5.1 of.the Agreement if: (a) The goods or services the Recipient is purchasing are not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for those good or services being purchased. Page 12 of35 126 127 File Number: OCIF FC-304 A5.2 BPSAA. For greater clarity, if the Recipient is subject to the BPSAA and there is a conflict between the BPSAA and a requirement under this Article A5 of the Agreement, the BPSAA will apply and prevail to the extent of that conflict. A5.3 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project or any Funds provided to those parties. A5.4 Use Of Consultants. The Province recognizes and acknowledges that the Recipient may, engage one or more Consultants for the purposes of carrying out any Projects in which Funds' are directed. The Recipient will have sole responsibility for hiring and terminating the employment of said Consultants. The Recipient further acknowledges and agrees that the Recipient will be responsible for all acts and actions of the Recipient's Consultants and that all such acts and actions will be treated as acts and actions of the Recipient for the purposes of this Agreement. · _, A5.5 Asset Retention. The Recipient will comply with section C1.3 of Schedule "C" of this Agreement as it relates to the retention of any assets purchased, built or rehabilitated with Funds being provided under this Agreement. A5.6 Trade Agreements. If the Recipient is subject to any provincial or federai trade agreements to which the Province is a party, the Recipient will comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient will comply with all applicable requirements of Annex 502.4. In the event of any conflict between any requirement under Annex 502.4 and a requirement under this Article A5 of the Agreement, Annex 502.4 will apply and prevail to the extent of that conflict. ARTICLE AS CONFLICT OF INTEREST A6.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived Conflict of Interest. A6.2 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict Of Interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure. ARTICLEA7 REPORTS, RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION A7.1 Preparation And Submission. The Recipient will: Page 13 of35 File Number. OCIF FC-304 (a) Submit to the Province at the address referred to in section C1.4 of Schedule "C" of this Agreement all Reports in accordance with the timelines and content requirements set out in Schedule "I" of this Agreement, or in a form as specified by the Province from time to time; (b) Ensure that all Reports are completed to the satisfaction of the Province; and (c) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying attestation has been completed. A7.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generalty acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project in a manner consistent with all Requirements of Law. . · A7.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four (24) hours' Notice to the Recipient during normal business hours, enter the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in this section A7.2 of Schedule "A" of this Agreement; (b) Remove any copies made pursuant to section A7.3(a) of Schedule "A" of this Agreement from the Recipient's premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. A7.4 Disclosure. To assist in respect of the rights set out under section A7 .3 of Schedule "A" of. this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. A7.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. A7.6 Auditor General. For greater certainty, the Province's rights under this Article of the Agreement are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the A GA. A7.7 Provision Of Information. The Recipient will provide to the Province, within the time period set out in the Notice, such information in respect of this Agreement or any Project in which Funds are directed as the Province requests. ARTICLE AS COMMUNICATIONS A8.1 Recipient To Follow Communications Protocol. The Recipient will follow the Communications Protocol set out under Schedule "H" of this Agreement. Page i4 of 35 128 129 File Number: OCIF FC-304 A8.2 Publication By The Province. The Recipient agrees the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. ARTICLEA9 ADDITIONAL TERMS AND CONDITIONS A9.1 Additional Terms and Conditions. The Recipient will comply with any Additional Terms and Conditions set out under Schedule "B" of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Terms and Conditions and any requirements of this Schedule "A" of this Agreement, the Additional Terms and Conditions will prevail. ARTICLEA10 DISCLOSURE OF INFORMATION PROVIDED TO THE PROVINCE A10.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA. A 10.2 Disclosure Of Information~ Any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law. ARTICLE A11 INDEMNITY, LIMITATION OF LIABILITY AND DUTY TO DEFEND A11.1 Indemnification. The Recipient here!;>y agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province. A11.2 Exclusion Of Liability. The Recipient acknowledges and agrees that in no event will the Province be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient's officers, servants, employees and agents arising out of or in any way related to ·this Agreement. A11.3 Recipient's Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. A11.4 Province's Election. The Province may e·lect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other's counsel. Page 15 of35 File Number. OCIF FC-304 A 11.5 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. A11.6 Recipient's Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE A12 INSURANCE A 12.1 Recipient's Insurance. The Recipient represents and warrants that it has, and will maintain for each Project being funded under this Agreement for a period of ninety (90) days after the Recipient has submitted a Project Information Form attesting that the Project is complete , at its own cost and expense, with insurers having a secure A.M. Best rating of B-! or greater, or the equivalent, all necessary. arid appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount set out under section C1.5 of Schedule "C" of this Agreement per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liabilitY arising in the course or performance of the Recipient's obligations under, or otherwise in connection with, the Project or under this Agreement; (b) A cross-li13bility clause; (c) Contractual liability coverage; (d} Products and completed operations liability coverage; (e) Employer's liability coverage; (f) Tenant's legal liability coverage (for premises/building leases only); (g) Non-owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation provision. · A 12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section A 12.1 of Schedule "A" of this Agreement. A12.3 Right Of "First Call" On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of "first call" or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under section A 12.1 of Schedule "A" of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement. Page 16 of 35 130 131 File Number: OCIF FC-304 ARTICLE A13 TERMINATION ON NOTICE A13.1 Termination On Notice. The Province may terminate this Agreement at any time without liability, penalty or cost$ upon giving at least thirty (30) days' Notice to the Recipient. A 13.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section A 13.1 of Schedule "A" of this Agreement, the Province may take one or more ofthe following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province's prior written consent; (b) Cancel any further installments of the Funds; · (c) Demand the repayment ofany Funds remaining in the possession or under the control of the Recipient; and (d) Determine. the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against the amount owing pursuant to section A 12.3( c) of Schedule "A" of this Agreement; and (ii) Subject to section A3.9 of Schedule "A" of this Agreement; provide Funds to the Recipient to cover such costs. ARTICLEA14 TERMINATION WHERE No APPROPRIATION A14.1 Termination Where No Appropriation. If, as provided for in section A3.2(d) of Schedule "A" of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. A14.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section A 14.1 of Schedule "A" of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds plus any Interest Earned on the unspent Funds remaining in the possession or under the control of the Recipient; and · (c) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A 14.2(b) of Schedule "A" of this Agreement. A14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section A 14.2( c) of Schedule "A" of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. Page 17 of35 File Number: OCIF FC-304 ARTICLE A15 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT A 15.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project, (ii) Use or spend the Funds, (iii) Provide any Reports required under this Agreement, or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement; (b) The Recipient has provided false or misleading information to the Province; (c) The Recipient is unable to continue any Project in which Funds are directed or the Recipient is likely to discontinue any Project in which Funds are directed; (d) The Recipient's operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; . (e) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application· or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (f) The Recipient ceases to operate. A 15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds; (e) Cancel any further installments of the Funds; (f) Demand the repayment of any Funds remaining in the possession or under the control · of the Recipient; · (g) Demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Prov,ince provided to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A15.3 Opportunity To Remedy. If, in accordance with section A15.2(b) of Schedule "A" of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The-Notice Period . . A 15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A15.2(b) of Schedule "A" of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; Page 18 of 35 132 133 File Number: OCIF FC-304 (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, · the Province may extend the Notice Period, or initiate any one or more ofthe actions provided for in sections A15.2(b), (c), (d), (e), (f), (g), (h).and (i) of Schedule "A" of this Agreement. A15.5 When Termination Effective. Termination under this Article A15 of Schedule "A" of this Agree~ent will take effect as set out in the Notice. ARTICLEA1S LOBBYISTS AND AGENT FEES A 16. 1 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing the Province concerning any matter relating to any Funds .. under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; . (b) It has not and will not make a payment or other compensation to any other legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms or conditions of this Agreement; and (c) No money from the Province was used or will. be used to lobby or otherwise secure the provision of any Funds in relation to this Agreement. ARTICLEA17 FUNDS UPON EXPIRY A17.1 Funds Upon Expiry. The Recipient will; upon the expiry of the Agreement, return to the Province any unspent Funds remaining in its possession or under its control plus any Interest Earned on the unspent Funds. ARTICLEA18 REPAYMENT · A18.1 Repayment Of Overpayment Or Unspent Saved Funds. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive ·under this Agreement or the Recipient does not spend any Funds that it has saved in accordance with section A3.8 of this Agreement, the Province may: (a) Deduct an amount equal to the excess or saved Funds plus Interest Earned from any further installments of the Funds; or · (b) Demand that the Recipient pay an amount equal to the excess or saved Funds plus Interest Earned to the Province. A 18.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) The Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, Page 19 of35 File Number: OCIF FC-304 such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section A 18.2 of Schedule "A" of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section A3.4 of Schedule "A" of this Agreement. A 18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A 18.4 Payment Of Money To Province. If the Province requires the Recipient to repay any Funds or Interest Earned to the Province, the Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province at the address referred to in section A 19.1 of Schedule "A" of this Agreement. A18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does "not repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may set off any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Rightof Ontario. A18.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. ARTICLE A19 NOTICE A 19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section C1.6 of Schedule "C" of this Agreement or as either Party later designates to the other by written Notice. A19.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. A19.3 Postal Disruption. Despite section A19.2(a) of Schedule "A" of this Agreement, in the event ofa postal disruption, · (a) Notice by postage-paid mail will not be deemed to be received; and (b) The Party giving Notice will provide Notice by email, personal delivery or fax. ARTICLE A20 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT Page 20 of35 134 135 File Number. OCIF FC-304 A20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing the consent indicates in the consent that that person has the specific authority to provide that . consent. The Province may also impose any terms and conditions on the consent and the Recipient will comply with such terms and conditions. ARTICLEA21 SEVERABILITY OF PROVISIONS A21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability o(any provision in this. Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLEA22 WAIVER A22.1 Waivers In Writing. If a Party fails to comply with any term or condition ·of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A19 of Schedule "A" of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a ·person who indicates in writing that he or she has the specific authority to provide the waiver. ARTICLEA23 INDEPENDENT PARTIES A23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship.· ARTICLEA24 ASSIGNMENT OF AGREEMENT OR FUNDS A24.1 No Assignment. The Recipient will not, without the prior written consent of the Province; assign any of its rights or obligations urider this Agreement. A24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLEA25 GOVERNING LAW Page 21 of35 File Number: OCIF FC-304 A25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE A26 FURTHER ASSURANCES A26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent. ARTICLE A27 JOINT AND SEVERAL LIABILITY A27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. ARTICLEA28 RIGHTS AND REMEDIES CUMULATIVE A28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLEA29 JOINT AUTHORSHIP A29.1 Joint Authorship Of Agreement. ·The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLEA30 FAILURE To COMPLY WITH OTHER AGREEMENT .A30. 1. Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, Page 22 of35 136 137 File Number: OCIF FC-304 the Province may suspend the payment of Funds under this Agreement without liability, · penalty or costs for such period as the Province determines appropriate. ARTICLEA31 SURVIVAL A31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) 'years from the Expiry Date expiry or date of termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the Expiry Date or the date of termination: Article A 1 and any other applicable definitions, sections A3 .2( d), A3 .5, seCtion 4.2, section A7.1 (to the extent that the Recipient has not provided the Reports to the · satisfaction of the Province), section A6.2 , Article A7, Article A11, section A13.2, sections A14.2 and A14.3, sections A15.1, A15.2(d), (e), (f), (g) and (h), Article A17, Article A18, Article.A19, Article A2.1, section A24.2, Article A25, Article A27, Article A28, Article A29; Article A30 and this Article A31 . · A31.2 Survival After Creation. Despite section A31.1 of this Agreement, section A7 .2 of this Agreement, including all cross-referenced provisions and Schedules, will continue in full force and effect for a period of seven. (7) years from the date in which that document or record referred to in section A7.2 of this Agreement was created .. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "B" FOLLOWS] Page 23 of35 File Number: OCIF FC-304 SCHEDULE "B" ADDITIONAL TERMS AND CONDITIONS 81.1 No Additional Terms And Conditions: There are no additional terms or conditions for this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK -.SCHEDULE "C" FOLLOWS] Page 24 of35 138 139 File Number: OCIF FC-304 SCHEDULE "C" OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT C1.1 Effective Date. The Effective Date of this Agreement is as of the date that the Province signs it. C1.2 Expiry Date. The Expiry Date of this Agreement is March 31, 2027. C1.3 Disposal Of Assets. The Recipient will retain any assets purchased, rehabilitated or built with the Funds under this Agreement for a period of five (5) years from the date that the Project is completed. Within this five (5) year period, the Recipient may ask for the Province's consent to dispose of any assets purchased, rehabilitated or built with the Funds under this Agreement. The Province may impose any reasonable conditions, including requesting the return of Funds from the Recipient, in return for its consent. C1.4 Submission Of Reports; All Reports under this Agreement will be submitted to the Province using the address supplied under section C1.6 of this Schedule "C" of the Agreement or any other person identified by the Province in writing. C1.5 Insurance Amount. The amount of insurance the Recipient will have for the purposes of section A12.1 of Schedule "A" of this Agreement is no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. C1.6 Providing Notice. All Notices under this Agreement will be provided to: TO THE PROVINCE TO THE RECIPIENT Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch The Corporation of the City of Pickering 1 The Esplanade 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Fax: 519-826-3398 Email: OCIF@ontario.ca Pickering, Ontario L1V 6K7 Attention: Tony Prevedel Fax: Email: tprevedel@pickering .ca or any other person identified by the Parties in writing. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "0" FOLLOWS] Page 25 of35 File Number: OCIF FC-304 SCHEDULE "0" ELIGIBLE PROJECT CATEGORIES 01.1 Eligible Project. Eligible Projects include: (a) The development and implementation of asset management plans (e.g. software, training, inspections) and the implementation of Composite Correction Program recommendations. (b) Capital projects and capital maintenance for the renewal, rehabilitation and replacement of core infrastructure assets or capital construction of new core infrastructure that addresses an existing health or safety issue, including: (i) Water: a. Water treatment, and b. Water distribution/transmission. (ii) · Wastewater: a. Wastewater treatment and disposal, b. Sanitary sewer systems, and c. Storm sewer systems (urban and rural). (iii) Roads: a. Paved roads, b. Unpaved roads, c. Bus-only lanes, d. Street lighting may be included as an eligible item when part of a road project, and e. Sidewalks and/or cycling lanes located along an existing road. (iv) Bridges and Culverts: a. Sidewalks and/or cycling lanes located along an existing road. Without limiting the foregoing, the Project must be part of the Recipient's asset management plan in order to be eligible. A Recipient may transfer its yearly allocation to another recipient in the furtherance of a joint project, provided: (a) The joint project is listed as a priority in the asset management plans for the Recipient and other recipients; (b) The Recipient and other recipients inform the Province in writing that they are undertaking a joint project prior to implementation; and (c) The Recipient and other recipients have an agreement in place governing the joint project, including how the joint project is being funded. 02.1 .Ineligible Projects. Ineligible projects are any project not part of the Recipient's Asset Management Plan, and also include: (a) Projects that are routine upgrades or improvements to storm water infrastructure and drainage (Note: an eligible project must eliminate or significantly reduce the potential for serious damages to adjacent critical infrastructure (e.g. roads, bridges, etc.)); (b) Growth-related expansion projects (e.g. new subdivision infrastructure); · (c) Infrastructure expansion projects to accommodate future employment or residential development on greenfield sites; and (d) Recreational trail projects. Page 26 of 35 140 141 File Number: OCIF FC-304 SCHEDULE "E" ELIGIBLE AND INELIGIBLE COSTS E1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and section E.2 of this Sched.ule "E of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in ·the Province's sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also. be actual, verifiable cash outlays that are documented through invoices, receipts or other records that is acceptable to the Province, Without limiting the generality of the foregoing, Eligible Costs shall only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, a tangible core infrastructure asset; (b) Development and implementation of asset management plans (e.g. software, training third-party condition assessments), including Consultant costs; (c) Activities that improve the performance or increase the capacity of existing water and wastewater infrastructure under the Composite Correction Program including third- party comprehensive performance evaluations -and third-party comprehensive technical assistance; (d) Up to 40% of the annual Funds allocation to a maximum of eighty thousand dollars ($80,000.00) per year for Recipient staff members whose responsibilities include asset ·management and/or Composite Correction Program implementation while receiving third-party comprehensive technical assistance; (e) All capital planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (f) The costs for permits, approvals, licences and other authorizing documents, as well as · inspections and other fees directly attributable to obtaining a permit, approval, licence or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project; . (g) Loan payments and interest charges on eligible core infrastructure .activities started after January 1, 2017 tiTat the Recipient has obtained financing to comptete; · (h) The costs for consulting with an Aboriginal Group, including the Recipient's legal fees, · provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by the Province in writing prior to being incurred; (i) The costs of Project-related signage, lighting, Project markings and utility adjustments; Q) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule "H" of this Agreement; and (k) Other costs that are, in the Province's sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by the Province in writing prior to being incurred. E2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement: (a) Costs incurred which are not in accordance with section A5.1 of Schedule "A" of this Agreement; Page 27 of35 File Number: OCIF FC-304 (b) Any costs related to any ineligible projects set out under section 02.1 of Schedule "D" of this Agreement; .(c) Costs associated with the acquisition or leasing of: (i) Land, · (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, and includes real estate tees and other related costs; (d) Costs associated with moveable I transitory assets (e.g. portable generators, etc.) or rolling stock (e.g. trucks, graders, etc.); (e) . Costs related to recreational trails; (f) Legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), as well as loan and interest payments that do not comply with section E1.1 (g) of Schedule "E" of this Agreement; (g) Taxes, regardless of any rebate eligibility; (h) The value of any goods and services which are received through donations or in kind; (i) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; U) Meal, hospitality or incidental costs or expenses of Consultants; (k) Costs associated with completing Expressions of Interest and/or applications for the Ontario Community Infrastructure Fund or the Building Canada Fund -Small Communities Fund; (I) Costs of accommodation for any Aboriginal Group; and (m) Costs incurred contrary to section A 16.1 of Schedule "A" of this Agreement. E2.2. Costs-Of Non-Arm's Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm's Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. The Province may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "F" FOLLOWS] Page 28 of35 142 143 SCHEDULE "F" FINANCIAL INFORMATION File Number. OCIF FC-304 F1.1 Allocation Notices Form Part Of Schedule "F" Upon Being Issued. The Parties agree that when the Province issues an Allocation Notice to the Recipient for a Funding Year, that Allocation Notice will become part of this Schedule "F" of the Agreement upon being issued by the Province and is enforceable under this Agreement. F1.2 Revised Allocation Notices Form Part Of Schedule "F" Upon Being Issued. The Parties agree that in the event that the Province issues a Revised Allocation Notice for whatever reason, that Revised Allocation Notice will revoke and replace the Allocation Notice for which the Revised Allocation Notice was issued and that Revised Allocation Notice will become part of this Schedule "F" of the Agreement upon being issued by the Province and will be enforceable under this Agreement. · F·1.3 No Amending Agreement Needed To Have Allocation Notice Or Revised Allocation Notice Become Part Of Schedule "F" Of Agreement. For greater clarity, and despite section 3.1 of the Agreement, the Parties agree that this Schedule "F" may be altered by the issuance of an Allocation Notice or a Revised Allocation Notice without having to amend this Agreement. F2.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province will provide any Funds pursuant to this Agreement in accordance with the following: (a) Where the Funds are less than one hundred fifty thousand dollars ($150,000.00), the Province will make one (1) payment to the Recipient by March 31 of the allocation year; (b) Where the Funds are more than one hundred fifty thousand dollars ($150,000.00), but less than one million dollars ($1 ,000,000.00), the Province will make six (6) payments to the Recipient over the calendar year; and (c) Where the Funds are more than one million dollars ($1 ,000,000.00), the Province will make twelve (12) payments to the Recipient over the calendar year. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "G" FOLLOWS] Page 29 of35 File Number: OCIF FC-304 SCHEDULE"G" ABORIGINAL CONSULTATION REQUIREMENTS G1.1 Purpose. This Schedule sets out the responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from the Province to the Recipient. G1.2 Definitions. For the purposes of this Schedule: "Section 35 Outy" means any duty the Province may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. G2.1 The Province's Responsibilities. The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Gro1.,1ps are appropriately accommodated in relation to the Project. G3. 1 Recipient's Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province, if such notice has not already been given by the Recipient or the Province; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with-the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the. Province of the details of the same; (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient's mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the. Recipient provides to interested parties and any notice of completion; · Page 30 of 35 144 145 (g) (h) (i) (j) (k) (I) (m) (n) (o) (p) File Number: OCIF FG-304 Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; ·Providing · the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested;. If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; Answering any reasonable questions to the extent of the Recipient's ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; Where an Aboriginal Group asks questions regarding the Project directly of the Province, providing the Province with the information reasonably necessary to answer the inquiry, upon the Province's request; Subject to section G3.1 (o) of this Schedule "G" of the Agreement, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Province any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential . impacts; Consulting regularly with the Province during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province the results of such discussions prior to implementing any applicable accommodation measures; Complying with the Province's direction to take any actions, including without limitation, suspension or termination of the Project, as the Province may require; and Providing in any contracts with Third Parties for the Recipient's right and ability to respond to direction from the Province as the Province may provide. G3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges · that, notwithstanding section A4.2 of Schedule "g of this Agreement, the Province, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. G3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province:· (a) Provide to the Province, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province with complete and accurate copies of such records upon request; (c) Provide the Province with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; Page 31 of 35 . File Number: OCIF FC-304 (d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the Project and provide copies to the Province of any documentation received from Aboriginal Groups; (e) Advise the Province in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify the Province if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be reque~ted by the Province; and (h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. G3.4 Recipient Shall Assist The Province. The Recipient shall, upon request lend assistance to the Province by filing records and other appropriate evidence of the activities undertaken both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of · Aboriginal consultation responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial decision-makers. G4.1 No Acknowledgment Of Duty To Co-nsult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in subsection G2.1 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. G5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker · acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal· Groups, the Recipient, the Province, and provincial ministries, boards, agencies and other regulatory decision-makers. G6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under section C1.6 of Schedule "C" of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "H" FOLLOWS] Page 32 of35 146 147 File Number: OCIF FC-304 SCHEDULE "H" COMMUNICATIONS PROTOCOL H1.1 Application Of Protocol. This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: (a) Project signage; (b) Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases; (c) Printed materials; (d) Websites; (e) Photo compilations; (f) Award programs; or (g) Awareness campaigns. H2. 1 Project Signage. The Province may require that a sign be installed at the site of the Project. If the Recipient installs a sign at the site of a Project, the Recipient shall, at the Province's request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by the Province. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by the Province prior to installation. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. H3. 1 Media Events. The Province or the Recipient may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty-one (21) Business Days' notice to the other Party of its intention to undertake such an event. :rhe event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to partjcipat~ in such events through a designed representative. Each participant will choose its designated representative. All joint communications material related to media events and announcements must be approved by the Province and recognize the funding provided by the Province. Media events and announcements include but are not limited to: (a) News conferences; (b) Public announcements; (c) Official events or ceremonies; or {d) News releases. H4.1 Awareness Of Project. The Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient will provide the opportunity for the Province to participate and will recognize the funding provided by the Province. Page 33 of35 File Number: OCJF FC-304 H5.1 Issues Management. The Recipient will share information promptly with the Province should significant emerging media, Project or stakeholder issues relating to a Project arise. The Province will advise the Recipient, when appropriate, about media inquiries concerning the Project. H6.1 Communicating Success Stories. The Recipient agrees to communicate with the Province for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. The Recipient acknowledges and agrees that the Province may publicize information about the Project. The Province agrees it will use reasonable efforts to consult with the Recipient about the Province's publication about the Project prior to making it. H7.1 ·Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Ontario Community Infrastructure Fund, the Recipient will indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect the Province's views. [REST OF PAGE INTENTIONALLY LEFT BLANK-SCHEDULE "I" FOLLOWS] Page 34 of35 148 149 SCHEDULE "I" REPORTS File Number. OCIF FC-304 /1.1 Reports. The Recipient will submit the following Reports in accordance with the reasonable directions provided by the Province by the date indicated in the chart immediately below. The Province will provide the contents of the Report at a later date. NAME OF REPORT DUE DATE Annual Financial Report See section 12.1 of this Schedule. Project Information Report See section 12.1 of this Schedule. Other Reports Within the time period set out in the written request from the Province. /2.1 Timing Of Reports. The Recipient will provide to the Province the following Reports at the times noted· below: (a) (b) (c) By January 15th of each year: (i) Project Information Report • Project Status and Financial Update for all. Projects • For Asset Management Planning or Composite Correction Program, Implementation Staff Time Attestations (as appropriate) • Completed Project Being Debt Financed -Yearly Update (as appropriate) (ii) Annual · Financial Report from the previous year (Interest Earned must be . reported for the previous calendar year) By April 15th of each year: (i) Project Information Report -Proposed Project Information for any new or revised Project (reminder -a Duty to Consult assessment must be completed by the Province for each Project forty-five (45) Business Days prior to the start of construction of that Project) Within forty-five (45) Business Days of Project or construction ·completion or no later than January 15th of the year following completion of the Project (i) Project Information Report -Completed Project information Page 35 of35 Notice of Motion a) Firearms Discharge By-law Moved by Councillor Pickles Seconded by Councillor Cumming October 17, 2016 Whereas the purpose of the City of Pickering's Discharge of Firearms By-law is to prohibit the discharge of any gun, firearm, airgun or spring gun or any class or type thereof in populated areas; Whereas the City's populated areas are identified· in Schedule "A" of the existing Discharge of Firearms By-law as of January 21, 1991; Whereas the populated areas of the City have expanded as a result of residential development that has occurred subsequent to the passage of the Discharge of Firearms By-law, as shown on the map attached to this motion; Whereas the City of Pickering wishes to ensure the safety of residents by prohibiting the use of firearms in all populated areas; and Whereas the Discharge of Firearms By-law should be updated accordingly, Now Therefore be it resolved that the City of Pickering amend the existing Discharge of Firearms By-law by amending Schedule "A" thereof to include the map attached to this Notice of Motion. Now therefore be it further resolved that City staff review the scope of the Discharge of Firearms By-law as development within the City progresses, and that staff recommend any further changes to Schedule "A" of the said By-law to account for future development. 150 --Clfj of-- 1CKER1NG October 17,2016 By-laws 7516/16 7517/16 7518/16 7519/16 Being a by-law to establish those parts of Lot 18, Concession 3, being Parts 1 to 5, 40R-29349 as public highway. (By-law attached) Being a by-law to authorize the Browning Avenue Storm Sewer Replacement project in the City of Pickering and the issuance of debentures in the amount of $174,000.00. [Refer to Executive Committee pages 127 -128] Being a By-law to Authorize the Execution of the Ontario Community Infrastructure Fund-Formula-Based Funding Component Agreement. [Refer to New and Unfinished Business pages 114-149] Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City .of Pickering, Region of Durham, on Part of Lot 19, Range 3, B.F.C., Part 1, 40R- 8832 and Part 1, 40R-10527, in the City of Pickering. (A 12/16) (By- law attached) 152 I I ~.~··············C~o~ ... PICKERING To: Debbie Shields City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: (Acting) Director & Chief Building Official, City Development Division Head, Water Resources & Development Services Chief Planner Subject: Request for Road Establishing By-law Owner: Averton (Bmck) Limited Part Lot 18, Concession 3, being Parts 1 to 5, 40R-29349 William Jackson Drive File: 40M-2568/Roadded.573 Memo October 3, 2016 Parts 1 to 5, 40R-29349 are reserves located at the westerly limit of William Jackson Drive adjacent to Plan 40M-2568. It was intended that these reserves remain in place until such time as the adjacent lands were developed. As the plan of subdivision relating to the adjacent lands has now been registered (Plan 40M-2568) and the works within Plan 40M-2568 have commenced, it is appropriate to establish Parts 1 to 5, 40R-29349 as public highway. Attached is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for October 17, 2016. · PB:bg . Attachments Location Map Draft By-law- 153 156 ~Otjuf . P1CKER1NG To: Debbie Shields City Clerk From: Catherine Rose Chief Planner Memo October 12, 2016 Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 12/16 Stuart Mark Galvin & JMPM Holdings Ltd Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527 (1635 Bayly Street) Amending By-law 7519/16 StatutoryPublic Meeting Date Planning & Development Committee Date Purpose and Effect of By-law Council Meeting Date Note Not applicable (By-law to remove the "(H)" Holding Symbol) Not applicable (By-law to remove the "(H)" Holding Symbol) To remove the "(H)" Holding Symbol preceding the "MC-21" zone category on the subject property in order to facilitate the construction of two commercial buildings and a drive-through facility (see Location Map). The "(H)" Holding provision was placed on the westerly portion of the subject property to ensure the following: • an appropriate Agreement has been executed with and to the satisfaction of the City of Pickering to address stormwater management facilities; and • the submission of a reliance agreement letter has been completed to the satisfaction of the Region of Durham October 17, 2016 On August 11, 2016, Zoning By-law Amendment A 12/16 was submitted by Stuart Mark Galvin & JMPM Holdings Ltd. to remove the "(H)" Holding Symbol on the westerly portion of the subject property zoned as outlined on Schedule I to Zoning By-law 697 4/09. Engineering & Public Works Department has advised that a stormwater management facility is no longer required on the subject lands. The Region of Durham has advised that the site contamination issues will be dealt with appropriately through the Site Plan Approval process (S09/08(R 16) ). The Region is therefore satisfied with the removal of the "(H)" Holding Symbol on the subject lands. ;! dh;/_-' ff ( cv/fflM.V '\~ LP:NS:Id J:\Documents\Development\D-3300\2016\A 12-16\Memo to Clerk.docx Attachments Location Map By-law Text By-law Schedule October 12, 2016 Zoning By-law Amendment Application A 12/16 Page 2 of 2 157 The Corporation of the City of Pickering -.. " · · · By.;law No. 7519/16 . . .. Being a By-law to amend Restricted Area. (Zoning) By~l~w 2511' . _as arn~nded,_ to implement' the Official Plan of the City ofPickeririg, Region of Durham, on Part oflot 19, Range.3., B.F.C., Part 1, -· -_·,·· 40R-8S32 and Part 1 ,40R..:1a5:27, in.the City of Pickering -{A 12/16) .. . . .. . -. ·_ ·-· · -·· -. . · Wh~reas the Council of The· cotporation of the C;itYotPickering passed i3y-law6.97 4J09 _ .. ---· amending. By~ law 2511 to broaden the rangE? -of employment uses Jn addition to the existing employinenf~ses in Part-of Lot19, Range 3, B.F.G,~. P~rt 1, 40R~88:32 and . Part 1,_40,R-1Q527, in the Cify of Pickeririg; " • · -· · · ' '-. .· . . . ' . -. . . ,. And whereas By~law f:?974/09 ill eludes an ,;(H)" Holding Symbol· preceding t]le ;;MC.;21·'~ _ · z:one categorypn Part of Lot 19,'Ri=mge a; B.EC-~; Part 1'; 40R~8S32 and Part 1, -. _ . __ 4oR..:10527, in the, City of Pickerin_g;which·.hasthe effect of preventing developmentof .... the,subject lands untHsuchtirne as i:lri 9PPropriateA,9i-e.em~n.thasbeen·exefuted With.· .. · and to the .$afisfactron ofthe City of Pickering to address stbrrilwaterrnariagehlent _ • facilities; and the Region of Durham has advised the City of Pic~ering that the Regional requirementsrespecting the submission of a reliance agreement l.etter has been · completed to tlie satisfacticm oftheRegicm; ·.··. :-· . -.. . . . -' .. ' . • ' •••.••. • ·.·, •. , • . . • • • ••. ' j• --·• ·And wh(3reas· the :City ofPickering Eri·gine~ring & Public Works Dep.artment.has advised that aCi1ystorriiwater managementfacility is no longer required on the .subJec:t lands; . ··• ·,_' • : -·.' · ... ,·· .. _ ·. -.. :) .; . • .. < '. .. -· .•. -And wherea~ the Region of Durham has ·advisedt~adhe site contamination._ · · · require-ments will be pealt with appropriately. through the Site Plan Arwroval process . - -(S 09/08{R16)); :--·. · . ' , . . -. . · < ' ' . . -.. ·--_ . And whefeas.-an a111endrhehfto am~nding By-law 697 4/09, to remove the "(H)" Holding symbol preceding the "MC-g1."Zone on .Part of Lqt 191 R.arig€l. 3, B.F,_b., Part 1, -· · ·. · · · ·· 40R-8832 and Part' 1 ,40R;, 10527, is therefore deemed appropriate; ··-· · -. . . . . . -. ·. •/ ,• . . . . . ' ·, '•. . NOwtherefbr~_th-~.Gouncii of The Corpbrati()n of,the City ~f Pickering hereby enacts a:s ... follows: · · · .· ·· · · · · ~- .·.· Schedul_e 1 · ._· · __ . '.· ·Schedule ·l.to By-law 6974f09, -is hereby amended by remoVing the ''(H)" Holdlng ·· . _$ymboi pre-ceding the "MC-21" Zone· designation on Part of Lot 19, Range 3, B.F.q., Part1, 40R-8832 aqdPart 1, AOR-10527; assefouton Schedule I . ·•·· attached hereto~ . 2~ Text Amend111ent Section 5.{3)ofBy-law 6974/09-is hereby repealed. .· 159 . 160 . . By-Iaw No. 7519/16 Page2 3. · _Area RestriCted_ .. By..,law.2511; a·s amended by By-law 6974/09, is hereby further amended only to · the extent n~cessary to give. effect to. the provisions ofthis By-law as set out in Sections 1. and 2: above, and as setout in Schedule I attached hereto. . ·_ .. _ Definitions and subject matter notspedfically dealt with in this by-law shall be .. -.. -gov~rned by the r~levant provisior,~s ()f By-Jaw 2511, as amended .. -· . . . . 4. · Effect~ve Pate . . . ·This By-law shallcome into forcein a·ccordance with. the provi~ions ofthe . · _ .. <f'ia_n[Jiiig._A_st~ :· · · · · .. · ... By.; law. pass_ed this October dayof 17th, _2oH~ . . \. ~ • . • '·. ·• David Ryan, Mayor Debbie Shields, City Cl~rk · ·