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HomeMy WebLinkAboutCS 05-23 Report to Council Report Number: CS 05-23 Date: February 27, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Safety and Well-Being Initiatives -Chestnut Hill Developments Recreation Centre -Use as Emergency Overnight Warming Centre – Change in Location -Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities – Change in Operation -File: A-1440-001 Recommendation: 1. That Report CS 05-23 regarding the implementation of Community Safety and Well- Being Initiatives be received; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre (CFOC), set out in Attachment 1 to this report, for use of the O’Brien Room at Chestnut Hill Developments Recreation Complex (CHDRC), for emergency overnight warming centre, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with DARS Inc., set out in Attachment 2 to this report, for use of the CHRDC Arena Dressing Rooms, for outreach shower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: Consistent with the principles of the Durham Region Community Safety and Wellbeing Plan (CSW B Plan) and the City’s efforts to support those objectives locally, City staff are seeking Council’s approval to authorize the change and execution of two agreements that would enable services to be delivered to those that are experiencing homelessness in our community. On December 5, 2022, Council endorsed the execution of a Memorandum of Understanding with CFOC, for use of East Shore Community Centre (ESCC) as an Emergency Overnight Warming Centre as per Resolution #22/22 (Attachment 3). To date, this program has been operating at ESCC, however, the CHDRC has been identified as a more suitable location by the Region of Durham, CFOC and City Staff considering that the facility operates as a warming centre during operating hours. CS 05-23 February 27, 2023 Subject: Community Safety and Well-Being Initiatives Page 2 On December 5, 2022, Council also endorsed the execution of a Memorandum of Understanding with CFOC for use of the CHDRC Arena Dressing Rooms for outreach shower facilities as per Resolution #22/22. While CFOC has been operating the shower facilities, uptake has been limited and they have advised they are not able to support the continuation of this program. While CFOC will not be continuing with the program, another Pickering based non-profit organization DARS Inc. has offered to continue to operate the outreach shower facilities initiative. City staff have identified that shower facilities can continue to be made available at the CHDRC in the Arena Dressing Rooms of the O’Brien Rink on Wednesday afternoons between 1:00 pm – 3:00 pm. This program will be provided by DARS Inc. who will provide onsite supervision, towel and hygiene packages and will oversee the use of the facilities. The purpose of this report is to seek Council’s authority for the Mayor and City Clerk to approve the revised agreement with CFOC to operate the overnight warming centre at CHDRC for the period of March 1, 2023 to April 30, 2024, and with DARS Inc. to operate the outreach shower facilities initiative at CHDRC Arena Dressing Rooms for the period of March 1, 2023 to September 30, 2023. Financial Implications: The Region of Durham will provide the financial support to CFOC, who will provide supervision, security and all supplies required for the use of the facilities during overnight sheltering. Use of CHRDC will begin at 10:00 pm Monday – Friday and 7:00 pm Saturday – Sunday, and programs and rentals at CHDRC will not be affected. For the outreach shower facilities initiative, the use of CHDRC Arena dressing rooms will be during weekday hours when the facility is not being utilized for rentals or programs. DARS Inc. will supply all staff and supplies required for the outreach shower facilities initiative. Discussion: The Region of Durham’s CSW B Plan describes a place where everyone feels safe, has a sense of belonging, where individuals and families can meet their needs for education, health care, food, housing, income, as well as social and cultural expression. The Region of Durham has now released its final CSWB Plan, which includes the three main components required by provincial legislation – identifying priority risk factors, identifying strategies to reduce risk factors, and setting measureable outcomes. The goal of the CSWB Plan is to get the right services to the right people at the right time at the lowest cost, meaning the most efficient way. Since the adoption of the Durham Region CSWB Plan in 2021, the City of Pickering has been involved in a number of initiatives in order to support the Regional Plan, as well as working on individual goals. For example, Durham Region has an existing service agreement with CFOC to deliver similar services at other facilities within the Region and has identified them to continue to provide this service in Pickering. In recent weeks, it has been determined that the most preferable location is at the CHDRC as the facility is available as a warming centre during regular operating hours and has proximity to a number of other services, programs and transit options. The O’Brien Room has been identified as the most appropriate space in the facility due to its usage patterns, exterior access, security needs and access to washroom facilities. CS 05-23 February 27, 2023 Subject: Community Safety and Well-Being Initiatives Page 3 As per Report CS 24-22 at the December 5, 2022 Special Meeting of Council, the City has an MOU with CFOC to operate the Emergency Overnight Warming Centre at the ESCC during extreme cold weather events. The purpose of this report is to seek Council’s approval to authorize the execution of a revised agreement with CFOC that replaces ESCC with CHDRC from March 1, 2023 – March 31, 2023 and October 1, 2023 – March 31, 2024. Operating hours would remain the same Monday to Friday, 10:00 pm – 7:00 am, and Saturday to Sunday 7:00 pm – 7:00 am for the purposes of safe overnight refuge for the homeless during extreme cold weather events. Information regarding this service will also be shared through the Ajax Hub, CAREA, DARS Inc. as well as all City of Pickering facilities and front line staff services. Additionally, as per Report CS 24-22, the City has an MOU with CFOC to operate an outreach shower facilities initiative at the CHDRC Arena Dressing Room on Wednesday afternoons between 1:00 pm – 3:00 pm. Since its implementation, CFOC has identified that they do not have the resources available to continue to support this service considering the limited participation by the homeless community. DARS Inc., a local community group who specializes in support services for the homeless, has now offered to take over the supervision of this program and have indicated the desire to enter into a Memorandum of Understanding with the City. The purpose of this report is to seek Council’s approval to authorize the execution of a revised agreement that replaces CFOC with DARS Inc. as the service provider of outreach shower facilities initiative from March 1, 2023 to September 30, 2023. DARS Inc., will be in attendance to assist with towel and hygiene packages and provide oversight of the initiative. Ongoing evaluation of the program will continue, with regular discussions between CFOC, Region of Durham, DARS Inc. and City staff. Attachments: 1. Revised Memorandum of Understanding – Christian Faith Outreach Centre and the City of Pickering – Chestnut Hill Developments Recreation Complex, O’Brien Rooms for use as an Emergency Overnight Warming Centre 2. Revised Memorandum of Understanding – DARS Inc. and the City of Pickering - Chestnut Hill Developments Recreation Centre Arena Dressing Rooms for Outreach Shower Facilities 3. Resolution #22/22 Community Safety and Well-Being Initiatives Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Sharon Milton Manager, Recreation Services Sarah Douglas-Murray Director, Community Services CS 05-23 February 27, 2023 Subject: Community Safety and Well-Being Initiatives Page 4 SDM:sm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 05-23 Memorandum of Understanding Between: Christian Faith Outreach Centre (“CFOC”) -and – The Corporation of the City of Pickering (the “City”) WHEREAS the Region of Durham (the “Region”) wishes to provide access to an Emergency Overnight Warming Centre, during extreme cold weather alerts, to assist homeless residents in the City of Pickering; AND WHEREAS the City has space available at the Chestnut Hill Developments Recreation Complex, 1967 Valleyfarm Road, Pickering, L1V6K7 (the “Facility”) that suits that purpose; AND WHEREAS the City has agreed to allow CFOC to use portions of the Facility as set out in Schedule “A” attached hereto (the “Useable Space”) subject to the terms and conditions of this Agreement, and on the basis that there be no financial risk incurred by the City by proceeding in this manner and that all costs, including, but not limited to, staffing and security of the Useable Space is at the sole expense of CFOC; NOW THEREFORE the Parties agree as follows: TERM: 1. The term of the Agreement shall be March 1, 2023 – March 31, 2023 and October 1, 2023 – March 31, 2024, commencing March 1, 2023. 2. The City of Pickering and CFOC will evaluate use of the overnight warming service monthly. Ongoing use will be determined following monthly evaluation of numbers using the Usable Space. 3. Notwithstanding the foregoing, either party may terminate this Agreement, for any reason, on fifteen (15) days written notice. USE OF SPACE: 4. The Useable Space will be used as an Emergency Overnight Warming Centre, during extreme cold weather alerts, for homeless residents in the City of Pickering who may otherwise not have access to facilities. The Usable Space includes O’Brien Rooms and non-exclusive access to washrooms at CHDRC. If the O’Brien Room is not available another appropriate space at Chestnut Hills Development Recreation Complex will be made available subject to the approval of the Director, Attachment 1 to Report CS 05-23 Community Services. The Usable Space does not include access to showers. The Usable Space shall not be used for storage of personal items. Any items belonging to attendees of the CFOC must be removed when the attendee leaves the Usable Space. 5. CFOC will supply, at its sole expense, all materials and equipment required to facilitate the overnight warming centre. Such materials and equipment may be stored in the Useable Space. 6. CFOC will contract, at its sole expense, third parties to perform supervision and to ensure the Facility and the Useable Space are maintained and that all attendees are supported. 7. CFOC’s third party supervisors will be responsible for vacating the Facility by 7:00 am each day. 8. The City of Pickering will perform cleaning (including appropriate sanitization due to COVID-19), at its sole expense, each day beginning at 7 am. 9. CFOC will contract, at its sole expense, third party security services to the satisfaction of the City. Security will be on site at all times during operating hours. 10. The Useable Space will be made available for use by CFOC, during extreme cold weather alerts up to 7 days per week, Monday – Friday from 10:00 pm to 7:00 am and Saturday – Sunday from 7:00 pm to 7:00 am. 11. CFOC shall use the Useable Space in accordance with this Agreement and all applicable laws, by- laws, regulations and public health orders. CFOC may only use the Usable Space for the overnight safety of the homeless. No other programs or services may be offered at or from the Useable Space or the Facility. DAMAGES, REPAIRS, AND ALTERATIONS: 12. CFOC shall be responsible for any and all losses, costs, liabilities and damages to the Facility and the Useable Space resulting from CFOC’s use. 15. CFOC shall make no temporary or permanent modifications of any kind to the Facility or the Useable Space. INSURANCE AND INDEMNITY: 16. CFOC shall secure at its own expense and keep in effect during the term of this Agreement: (a) commercial general liability that includes Tenants Legal Liability with a minimum limit of $5,000,000 per occurrence; and Attachment 1 to Report CS 05-23 (b) bodily injury and property damage insurance with a minimum limit of $5,000,000 per occurrence; and (c) the City shall be included as an additional insured in said insurance policy. CFOC shall furnish to the City certificates of insurance as evidence of the insurance coverage required by this Agreement. The certificates of insurance shall provide that the insurance company will give a thirty (30) day notice to the City if the insurance is cancelled or materially changed. 17. CFOC shall indemnify and save harmless the City from and against all losses, claims, actions, damages, liability and expenses (including any legal expenses incurred by the City) arising from or in connection with the use of, or presence in, the Facility and the Useable Space by CFOC, any person invited or allowed into the Facility and the Useable Space by CFOC, or any person for whom CFOC is responsible. 18. CFOC waives any and all claims against, releases from liability and agrees not to sue the City, its members of Council, officers, employees, agents and representatives, for any personal injury, death, property damage or any other loss sustained by CFOC or for which CFOC may be responsible arising out of, or in connection with CFOC’s use of, or presence in, the Facility and the Useable Space. 19. Neither party accepts any responsibility for losses nor damages to personal property of any person invited or allowed access to the Facility and the Useable Space by CFOC. NO WARRANTY: 20. The City makes no express or implied warranty with regard to the safety of the Facility and the Useable Space or its fitness for CFOC’s purpose. 21. CFOC acknowledges and agrees that it accepts the Facility and the Useable Space in “as is where is” condition and at its own risk and expense. Attachment 1 to Report CS 05-23 GENERAL: 22. This Agreement is non-transferable. 23. The recitals to this Agreement are true in substance and fact and are incorporated herein. Signed this ______________ day of _______________, 2023 Christian Faith Outreach Centre (CFOC) ____________________________________________ Name: Position: I have the authority to bind Christian Faith Outreach Centre (CFOC) The Corporation of the City of Pickering _____________________________________________ Name: Position: I have the authority to bind The Corporation of the City of Pickering. _____________________________________________ Name: Position: I/We have the authority to bind The Corporation of the City of Pickering. Attachment 1 to Report CS 05-23 Schedule “A” List of Useable Space [to be inserted] CFOC - Schedule A - List of Usable Space Attachment 2 to Report CS 05-23 Memorandum of Understanding Between: DARS Inc. -and – The Corporation of the City of Pickering (the “City”) 1. 2. 3. WHEREAS DARS Inc. wishes to provide access to washroom and shower facilities to assist the homeless population within the City of Pickering; AND WHEREAS the City has space available at the Chestnut Hill Developments Recreation Complex (CHDRC), Arena, facility located at 1867 Valley Farm Road, Pickering, ON L1V 6K7, (the “Facility”) that suits the purpose; AND WHEREAS the City has agreed to allow DARS Inc. to use portions of the Facility as set out in Schedule “A” attached hereto (the “Useable Space”) subject to the terms and conditions of this Agreement, and on the basis that there be no financial risk incurred by the City by proceeding in this manner and that all costs, including, but not limited to, security and supplies, for the Useable Space is at the sole expense of DARS Inc.; NOW THEREFORE the Parties agree as follows: TERM: The term of the Agreement shall be for six (6) months commencing March 1, 2023, and expiring September 30, 2023. The City of Pickering and DARS Inc. will evaluate the use of the service monthly. Ongoing use will be determined following monthly evaluation of numbers using the shower service. Notwithstanding the foregoing, either party may terminate the Agreement, for any reason, on fifteen (15) days written notice. 4. Following the expiry or earlier termination of this Agreement, DARS Inc. shall restore the Facility and the Useable Space to the condition they were in at the commencement of the term. Attachment 2 to Report CS 05-23 USE OF SPACE: 5. The Useable Space will be used as washroom and shower access for homeless residents in the City of Pickering who may otherwise not have access to washroom and shower facilities. 6. DARS Inc. will contract, at its sole expense, to perform supervisory services to ensure the Facility and the Useable Space are maintained to the satisfaction of the City. 7. The City will provide maintenance and cleaning of the facility prior to (1:00 pm), and immediately after, (3:00 pm), following the shower/washroom use. 8. The Useable Space will be accessible 1 day per week, Wednesdays, with hours 1:00 pm – 3:00 pm - 2 hours each week. Supervision from DARS Inc. will be on site at all times during operating hours. 9. DARS Inc. shall use the Useable Space in accordance with all applicable municipal, provincial, and federal laws. 10. Operation of the Usable Space will be done in accordance within the City of Pickering, Community Shower Access – Operating Procedure (Schedule B) DAMAGES, REPAIRS, AND ALTERATIONS: 11. DARS Inc. shall be responsible for all damages to the Facility and the Useable Space in support of or as a result of the use. 12. DARS Inc. shall make no temporary or permanent modifications to the Facility or the Useable Space without the prior written consent of the City, such consent not to be unreasonably withheld. INSURANCE AND INDEMNITY: 13. DARS Inc. shall secure at its own expense and keep in effect during the term of this Agreement: (a) commercial general liability that includes Tenants Legal Liability with a minimum limit of $5,000,000 per occurrence; (b) bodily injury and property damage insurance with a minimum limit of $5,000,000 per occurrence; and (c) The City shall be included as an additional insured in said insurance policy. DARS Inc. shall furnish to the City certificates of insurance as evidence of the insurance coverage required by Attachment 2 to Report CS 05-23 this Agreement. The certificates of insurance shall provide that the insurance company will give a thirty (30) day notice to the City if the insurance is canceled or materially changed. 14. DARS Inc. shall indemnify and save harmless the City from and against all losses, claims, actions, damages, liability and expenses (including any legal expenses incurred by the City) arising from or in connection with the use of, or presence in, the Facility and the Useable Space by DARS Inc., any person invited or allowed into the Facility and the Useable Space by DARS Inc., or any person for whom DARS Inc. is responsible. 15. DARS Inc. waives any and all claims against, releases from liability and agrees not to sue the City, its members of Council, officers, employees, agents and representatives, for any personal injury, death, property damage or any other loss sustained by DARS Inc. or for which DARS Inc. may be responsible arising out of, or in connection with DARS Inc. use of, or presence in, the Facility and the Useable Space. 16. Neither party accepts any responsibility for losses or damages to personal property of any person invited or allowed access to the Facility and the Useable Space. NO WARRANTY: 17. The City makes no warranty expressed or implied with regard to the safety of the Facility and the Useable Space or its fitness for DARS Inc. purpose. 18. DARS Inc. acknowledges and agrees that it accepts the Facility and the Useable Space “as is where is” at its own risk and expense. GENERAL: 19. This Agreement is non-transferable. 20. The recitals to this Agreement are true in substance and fact and are incorporated herein. Attachment 2 to Report CS 05-23 Signed this ______________ day of _______________, 2023 DARS Inc. Name: Position: I have the authority to bind DARS Inc. The Corporation of the City of Pickering Name: Position: _____________________________________________ Name: Position: I/We have the authority to bind The Corporation of the City of Pickering. ____________________________________________ _____________________________________________ Attachment 2 to Report CS 05-23 Schedule “A” List of Useable Space City of Pickering – Chestnut Hill Developments Recreation Complex – Arena – Delaney Rink Change Rooms – 4, 5, 6 and Referee Change Room (Accessible) Schedule “B” City of Pickering, Community Shower Access – Operating Procedure ) Schedule A - Usable Space DARS Inc -Schedule B – Community Shower Access City of Pickering, Community Shower Access – Operating Procedure Shower rules: 1. Check in with in-take volunteers prior to accessing areas. 2. Check all belongings -store in a supervised area. 3. Only personal hygiene items and a change of clothing is permitted in the areas. No back packs, bags, totes etc. are permitted. 4. Absolutely NO substance use of any kind is permitted in the areas of the facility. That includes cigarettes, e-cigarettes, marijuana, opiates, alcohol, or prescription medications. 5. Maximum 30 minutes for a shower (20-minute wellness check). 6. Use only assigned area, 1 person in area at a time. 7. Refusal to exit area after time lapsed may be subject to facility consequences and at the discretion of volunteers and facility staff. 8. At all times staff, volunteers, other facility participants are to be treated with respect and dignity. Volunteer Procedure: 1. Volunteers in-take participant, enter participant demographics or enter anonymous information provided (for tracking purposes). 2. Review facility rules prior to entry to the areas, confirm understanding. 3. Volunteer intake client belongings, ensure it is placed in a volunteer monitored area. 4. Provide participant time of entry and inform them they will receive a warning when their time is running out. 5. Volunteer provide hygiene items and other supplies as needed and available (i.e. shampoo, body wash/soap, razors, nail clippers, towels etc.). 6. Volunteer escort participant to respective area. 7. Volunteer document time of entry. 8. Volunteer monitor time spent in area and provide appropriate time warnings. 9. When participant is finished, deposit towels in assigned laundry bins, razors in sharps containers. Participants may keep nail clippers, if not wanted deposit in sharps container. 10. Participant checks out of area and collects their belongings from volunteer. 11. Immediately after participant exits the area, volunteer inspect for items left behind, condition of area and substance use/paraphernalia left behind. Attachment 3 to Report CS 05-23 Legislative Services Division Clerk’s Office Directive Memorandum December 13, 2022 To: Sarah Douglas-Murray Director, Community Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Special Meeting of City Council held on December 5, 2022 Director, Community Services, Report CS 24-22 Community Safety and Well-Being Initiatives -East Shore Community Centre -Use as Emergency Overnight Warming Centre -Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities Council Decision Resolution #22/22 1. That Report CS 24-22 regarding the implementation of Community Safety and Well-Being Initiatives be received; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre, set out in Attachment 1 to this report, for use of East Shore Community Centre as an Emergency Overnight Warming Centre, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre, set out in Attachment 2 to this report, for use of the Chestnut Hill Developments Recreation Complex Arena Dressing Rooms for outreach shower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Please take any action deemed necessary. Susan Cassel Copy: Director, Corporate Services & City Solicitor Chief Administrative Officer