HomeMy WebLinkAboutJuly 25, 2024Special Council Meeting Agenda
July 25, 2024 Hybrid Electronic Meeting
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4:30 pm
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A Special Council Meeting has been scheduled and parts of this Meeting will be in-camera in accordance with the provisions of Section 239(2) of the Municipal Act and Procedure By-law, in
that the matters to be discussed relate to:
e)litigation or potential litigation, including matters before administrative tribunals,affecting the municipality or local board; and,
f)advice that is subject to solicitor-client privilege, including communications necessary
for that purpose.
Page 1.Call to Order/Roll Call
2.Disclosure of Interest
3.In Camera Matters (Main Committee Room)
3.1 Director, Finance & Treasurer, Confidential Report FIN 13-24
Re: Pickering Soccer Dome Insurance Update -Settlement Offer
Confidential Attachment Provided Under Separate Cover
4.Confidential Special Council – Public Report (Council Chambers)
5.Delegations
Members of the public looking to provide a verbal delegation to Members of Council for
matters under Section 6 of the agenda may do so either in person, or through a virtual
connection into the meeting. For more information, and to register as a delegate, visitwww.pickering.ca/delegation, and complete the online delegation form or emailclerks@pickering.ca.
The list of delegates who have registered to speak will be called upon one by one by the
Chair in the order in which they have registered. A maximum of 5 minutes shall be allotted for each delegation.
Special Council Meeting Agenda
July 25, 2024 Hybrid Electronic Meeting
Council Chambers
4:30 pm
For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611
clerks@pickering.ca
Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes.
6.Matters for Consideration
6.1 Director, Finance & Treasurer, Report FIN 14-24 1 Pickering Soccer Dome Rebuild Project
Recommendation:
1.That Report FIN 14-24 regarding Pickering Soccer Dome Rebuildproject be received;
2.That Council authorize the Director, Finance & Treasurer to finance
the Pickering Soccer Dome Rebuild project total net HST projectcost of $2,833,300 as follows;
a)the sum of $2,365,000 to be funded from the settlement
agreement reached with Aviva Insurance Company of Canada
and Zurich Insurance Company Ltd. (subject to Council’sacceptance of the settlement agreement);
b)the additional sum of $468,300 be funded as follows to cover
the remaining over expenditure:
i)$241,294 from the settlement agreement reached withAviva Insurance Company of Canada and ZurichInsurance Company Ltd. (subject to Council’s acceptance
of the settlement agreement);
ii)$108,395 from the Rate Stabilization Reserve;
iii)$118,611 from the Pickering Football Club (PFC); and,
3.That the appropriate City of Pickering officials be given authority totake the necessary actions to give effect thereto.
6.2 Director, Finance & Treasurer, Report FIN 15-24 7
Ontario Transfer Payment Agreement with the Province of Ontario
-Building Faster Fund
Special Council Meeting Agenda
July 25, 2024 Hybrid Electronic Meeting
Council Chambers
4:30 pm
For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611
clerks@pickering.ca
Recommendation: 1. That Report FIN 15-24 regarding the Ontario Transfer Payment
Agreement with the Province of Ontario be received;
2. That the Mayor and City Clerk be authorized to execute the Ontario Transfer Payment Agreement with the Province of Ontario for the Building Faster Fund;
3. That the draft By-law, included as Attachment 1 to Report FIN 15-24, to create the Building Faster Fund (BFF) Reserve Fund be approved and enacted; and,
4. That the appropriate City of Pickering officials be given authority to
take the necessary actions to give effect thereto.
7. By-laws 7.1 By-law 8125/24 Being a By-law to Provide for the Establishment of a Reserve Fund to be known as the Building Faster Fund (BFF) Reserve Fund. [Refer to Item 6.2 Report FIN 15-24]
10
8. Confirmatory By-law 9. Adjournment
Report to Council
Report Number: FIN 14-24
Date: July 25, 2024
From: Stan Karwowski
Director, Finance & Treasurer
Subject: Pickering Soccer Dome Rebuild Project
-File: F-1000-001
Recommendation:
1.That Report FIN 14-24 regarding Pickering Soccer Dome Rebuild project be received;
2.That Council authorize the Director, Finance & Treasurer to finance the Pickering Soccer
Dome Rebuild project total net HST project cost of $2,833,300 as follows;
a)the sum of $2,365,000 to be funded from the settlement agreement reached with
Aviva Insurance Company of Canada and Zurich Insurance Company Ltd. (subject
to Council's acceptance of the settlement agreement);
b)the additional sum of $468,300 be funded as follows to cover the remaining over
expenditure:
i)$241,294 from the settlement agreement reached with Aviva Insurance
Company of Canada and Zurich Insurance Company Ltd. (subject to Council's
acceptance of the settlement agreement);
ii)$108,395 from the Rate Stabilization Reserve;
iii)$118,611 from the Pickering Football Club (PFC); and,
3.That the appropriate City of Pickering officials be given authority to take the necessary
actions to give effect thereto.
Executive Summary: The purpose of this report is to obtain Council’s authority to fund the
Pickering Soccer Dome Rebuild project total net HST project cost of $2,833,300 as the project is
now completed.
On January 16th and 17th of 2022, the City of Pickering was blanketed with approximately 55
centimeters (21.6 inches) of snow. It was more snowfall than Pickering had experienced in
January, February and March 2021 combined. The result of this snowfall was the collapse of the
soccer dome on January 17, 2022. The contractor hired by the City’s insurers decided to wait until
after the snow and ice had melted before inflating the dome. On the week of April 11th, The Farley
Group started to inflate the dome. Unfortunately, there was either a hole in the cover or one of the
cover panels had a weakened seal that caused the dome cover to collapse a second time. When
the cover fell the second time, it hit a fire hose cabinet that caused extensive flooding and - 1 -
FIN 14-24 July 25, 2024
Subject: Pickering Soccer Dome Rebuild Project Page 2
damaged the turf field. The option of repairing the roof was investigated; however, the contractor
would not provide a warranty or guarantee their workmanship. This option was not acceptable to
City staff for obvious reasons. City staff determined that both the Soccer Dome cover and turf
must be replaced.
During the next several months in 2022, senior staff worked with the City’s insurers to obtain the
“green light” to start the “rebuild process”. The existing dome was around eight years old and
product improvements had occurred during this time period. The issue of the potential damage
that was hidden by the collapsed dome cover was also discussed. Until the old dome cover was
removed, City staff would not know if there had been any damage to the HVAC, turf field base or
any other equipment.
Price quotes were obtained for the Soccer Dome cover and turf field replacement which were
provided to the insurers for their review. City staff were cautiously optimistic that, within the near
future, the insurers would approve the expenditure to replace the dome cover and turf field for the
full amount. However, in order for the building to be operational on March 1, 2023, the contract for
the dome replacement had to be issued immediately.
At the August 18, 2022 Council meeting (Resolution #972/22), Council gave approval for staff to
start the “rebuild process” by awarding contracts to construct and install the Soccer Dome cover
and soccer field while insurance funding details/responsibilities were to be finalized. Council also
approved changing the soccer pitch field configuration to create space to construct a permanent
hard surface court to accommodate pickleball courts and futsal courts. These courts were an
upgrade or betterment to the Soccer Dome and were to be funded from the City’s Rate
Stabilization Reserve. Therefore, the Soccer Dome Rebuild project consisted of two funding
strategies: replacements (insurance funded) and the enhancements/improvements components
(City funded). As expected, there are usually “grey areas” where it is difficult or not clear to
determine what is a replacement in contrast to an enhancement or improvement. During the
rebuild phase, new building components were installed to replace the old items that had by
default, enhancement functionality or capability.
Demolition of the Soccer Dome commenced shortly after the Council meeting of August 18, 2022.
Various minor repairs and demo works were ongoing until the new concrete slab, as part of the
hard courts upgrade, was poured in November 2022. Erection of the new dome cover began in
January 2023. The facility resumed operations in April 2023, with various minor works and
deficiencies taking several additional months to resolve.
In September 2023, the City submitted its claim, with supporting invoices, to the City’s property
insurers to be reimbursed for its construction and installation costs incurred to replace the
Pickering Soccer Dome cover and soccer turf and related costs. City staff have reached a final
settlement agreement with the City’s insurers for Council’s consideration.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance – Fiscal Prudence.
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FIN 14-24 July 25, 2024
Subject: Pickering Soccer Dome Rebuild Project Page 3
Financial Implications:
1. Actual Project Costing Summary
Soccer Dome Rebuild Project (Insurance Funded Component)
Construction and Installation Costs (Net HST)
Soccer Dome Cover
Soccer Dome Field
Project Management
Unforeseen/unanticipated repair expenses
Total Net Project Cost
$1,404,445.00
494,635.00
141,857.00
792,363.00
$2,833,300.00
2. Approved Source of Funds
Total Net HST Project Cost
Funding:
Insurance Payment
Budget Shortfall
Shortfall Funding Strategy:
Additional Insurance Payment
City’s Contribution
(Rate Stabilization Reserve)
Pickering Football Club Payment
Total
$2,833,300.00
2,365,000.00
$468,300.00
$241,294.00
108,395.00
118,611.00
$468,300.00
Discussion: The purpose of this report is to obtain Council’s authority to fund the Pickering
Soccer Dome Rebuild project total net HST project cost of $2,833,300 as the project is now
completed
The City’s current property insurance policy is underwritten by two insurers; Aviva Insurance
Company of Canada (60%) and Zurich Insurance Company Ltd (40%). This method of
underwriting is called “concurrent insurance underwriting” where the risk of a significant claim or
loss is shared among multiple insurers. Therefore, any insurance settlement payout will be shared
between the two insurers.
On January 17, 2022, the Pickering Soccer Dome cover collapsed due to a multi-day snow event.
This large snowfall was described in the news media “as a 50-year snowstorm”. There were
approximately 18 other domes in Ontario that collapsed during this snowstorm.
- 3 -
FIN 14-24 July 25, 2024
Subject: Pickering Soccer Dome Rebuild Project Page 4
After the dome cover collapsed, the City’s insurers’ priority was to remove the snow and ice that
had accumulated around the dome parameter and on the collapsed dome fabric in advance of re-
inflating the air supported structure. The insurers’ also arranged for electrical inspections before
attempting to reinflate the dome. Despite their best efforts of the insurers’ contractor, the
continuous winter weather conditions forced them to postpone the process until the spring. Once
weather conditions allowed it, the specialist dome contractor was able to make repairs to the
dome fabric in advance of a full re-inflation. A total of $191,756 in costs (net of HST) was incurred
to enable the dome to be re-inflated, and the City fully recovered these costs from its insurers,
less the $25,000 insurance deductible. The City paid 100 percent of the insurance deductible
without any contribution from the Pickering Football Club (PFC).
During the week of Easter, the dome was re-inflated. Unfortunately, due to strong wind conditions
and a combination of unforeseen weakness in the fabric and seals, the dome was unable to
sustain pressure and collapsed on April 16, 2022. When the cover collapsed the second time, it
struck and dragged across a fire hose cabinet causing a pipe fracture below grade that flooded
the field turf. An on-site visual inspection revealed that mould was forming on sections of the
collapsed roof cover.
After the roof collapsed a second time, the option of repairing the roof was investigated. The
outside contractor provided a quote of approximately $850,000, however, the contractor for this
project would not provide a warranty or guarantee for their workmanship. This option was not
acceptable to City staff for obvious reasons. City staff determined that both the Soccer Dome
cover and turf must be replaced.
During the next several months, senior staff had worked with the insurers to obtain the “green
light” to start the “rebuild process”. The key principle was to “rebuild like for like”. The existing
dome was around eight years old and product improvements had occurred during this time period.
The issue of the potential damage that was hidden by the collapsed dome cover was also
discussed. Until the old dome cover was removed, City staff would not know if there had been any
damage to the HVAC, turf field base or any other equipment.
Senior City staff working with the insurers’ adjuster obtained two price quotes for the dome
replacement. The City hired its own dome consultant to undertake a full comparison of the two
proposals with the principle of ensuring that both bids provide or meet the functionality of the
previous dome roof. In other words, the project goal for this stage is “like for like” City staff
provided the insurers with all of the documentation related to the replacement of the dome cover
and turf field. The insurers’ own dome consultant was reviewing these documents and senior City
staff were waiting for their comments and/or decisions. City staff were cautiously optimistic that,
within the near future, the insurers would approve the expenditure to replace the dome cover and
turf field for the full amount. However, in order for the building to be ready on March 1, 2023, the
contract for the dome replacement had to be issued immediately.
At the August 18, 2022 Council meeting, Council approved the recommendations in RTC FIN 14-
22 for the Soccer Dome Enhancement Project. The recommendations gave City staff the authority
to start the “rebuild process” by awarding contracts to construct and install the Soccer Dome cover
and soccer field while insurance funding details/responsibilities were finalized. Council also
approved changing the soccer pitch field configuration resulting in the creation of space to
- 4 -
FIN 14-24 July 25, 2024
Subject: Pickering Soccer Dome Rebuild Project Page 5
construct a permanent hard surface court to accommodate pickleball courts and futsal courts.
These courts were an upgrade or betterment to the Soccer Dome and were to be funded from the
City’s Rate Stabilization Reserve (i.e. these costs were not to be recovered from the insurers).
Demolition of the soccer dome commenced shortly after the August 18, 2022 Council meeting at a
total cost of $286,123 (net HST) and the City fully recovered these costs from its insurers. Various
minor repairs and demo works were ongoing until the new concrete slab was poured in November
2022 as part of the hard courts upgrade. Erection of the new dome cover began in January 2023.
The facility resumed operations in April 2023, with various minor works and deficiencies taking
several additional months to resolve.
The actual costs (net of HST) to construct and install the Soccer Dome cover and soccer field and
related costs exceeded the $2,365,000 pre-budget amount approved by Council by $468,300. The
reasons for the over-expenditures are explained below.
Staff initiated broad due diligence reviews of the collapsed dome immediately following Council’s
approval of Report FIN 14-22 for the Soccer Dome Enhancement Project on August 18, 2022.
Prior investigations had been completed by agents of the City’s insurers and were found to be
lacking key details. The dome fabric was still on the field preventing assessment of any goods or
materials that had remained covered since the collapse. Structural, mechanical and electrical
engineers and other specialty consultants (dome, turf, geotechnical, architectural) were retained to
inspect and report on the condition of all key building systems and determine whether they had
also been damaged. A summary of additional costs incurred is summarized below:
•Several components from the original dome were identified by the insurers to be re-used. They
were reviewed and found to be corroded and had to be replaced, including all exterior airlock
doors and jacketed steel cables.
•The original support netting system could not be reused as the posts were all damaged and
had to be removed along with the corresponding netting. The new dome was installed with
only a single upright post that can be tilted downward to prevent spearing of the dome fabric in
case of a collapse. All other cable anchor points are now part of the dome fabric to eliminate
the need for other upright supports.
•Most of the dome’s existing electrical wiring is located in hand wells, below grade, and was
found to have been sitting in water for six months. It had to be completely replaced.
•Minor mechanical component replacements in the inflation plant. The units were otherwise
serviced and checked, then restored to operation.
•The running track, concealed beneath the collapsed dome, was heavily damaged and had to
be stripped down to base asphalt and reinstalled.
•To expedite the rebuilding of the Soccer Dome, the project was managed directly by City staff
using a construction management model. The Major Capital Projects team had not yet been
created, so a third-party project management consultant was retained to provide the necessary
support.
•A variety of trades were required to repair and adapt the connecting airlock linking the existing
clubhouse to the new dome. The old airlock was physically ripped out of the back of the
clubhouse during the dome’s collapse.
•The dome inflation control system could not be tested until it was re-inflated, when it was
discovered to have failed beyond repair and had to be completely replaced. This system
- 5 -
FIN 14-24 July 25, 2024
Subject: Pickering Soccer Dome Rebuild Project Page 6
upgrade includes remote alerting functionality, informing Soccer Dome staff of any issues or
alarms and enabling them to troubleshoot them remotely. Contract security personnel had to
be kept present on site overnight to manually monitor the dome to mitigate the risk of another
collapse until the new control system was installed.
In September 2023 the City submitted its claim, with supporting invoices, to the City’s insurers to
be reimbursed for its construction and installation costs and related costs to replace the Pickering
Soccer Dome cover and soccer field. City staff have reached a final settlement agreement with the
City’s insurers for Council’s consideration.
Attachment: None.
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
James Halsall Stan Karwowski
Division Head, Finance Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 6 -
Report to Council
Report Number: FIN 15-24
Date: July 25, 2024
From: Stan Karwowski
Director, Finance & Treasurer
Subject: Ontario Transfer Payment Agreement with the Province of Ontario
-Building Faster Fund
-File: F-4910-001
Recommendation:
1.That Report FIN 15-24 regarding the Ontario Transfer Payment Agreement with the
Province of Ontario be received;
2.That the Mayor and City Clerk be authorized to execute the Ontario Transfer
Payment Agreement with the Province of Ontario for the Building Faster Fund;
3.That the draft By-law, included as Attachment 1 to Report FIN 15-24, to create the
Building Faster Fund (BFF) Reserve Fund be approved and enacted; and,
4.That the appropriate City of Pickering officials be given authority to take the
necessary actions to give effect thereto.
Executive Summary: The purpose of this report is to authorize the execution of the
Building Faster Fund (BFF) agreement with the Province of Ontario. On March 13,
2024, Premier Doug Ford announced that the City of Pickering will be receiving $5.2M
in funding for exceeding its 2023 housing target, through the Province of Ontario’s new
Building Faster Fund, which incentivizes municipalities to tackle housing supply issues,
by providing performance-based funding for housing and community infrastructure.
On June 24, 2024, the Ministry of Municipal Affairs and Housing (MMAH) provided the
City with the BFF funding agreement requesting its execution.
Relationship to the Pickering Strategic Plan: The recommendations in this report
respond to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance
–Open & Transparent Decision Making; and Pickering Strategic Plan priority of
Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced
Community.
Financial Implications: The City of Pickering has been allocated approximately
$5.2 million in BBF funding that is required to be spent by March 31, 2026.
For this grant, City staff are required to submit an “Investment Plan” (IP) to the Province
that lists potential projects and or uses of these dollars. (This process is similar to the
- 7 -
FIN 15-24 July 25, 2024
Subject: Ontario Transfer Payment Agreement with the Province Page 2
of Ontario
_____________________________________________________________________
Canada Community Building Fund whereby City staff submit every year to AMO a list of
proposed projects to be funded from the grant). The City has been given an extension
to September 30, 2024 to submit its IP for 2024. Staff’s preliminary position is to use the
BFF dollars for debt financed capital projects previously approved by Council, but not
yet started, that meet the criteria of the program for the purpose of trying to mitigate or
reduce future debt charges that in-turn would preserve the City’s debt capacity for future
Council approved capital projects. City staff will also consider not yet started previously
approved reserve or reserve fund capital projects. Any remaining BFF dollars, will then
be strategically employed as part of the 2025 draft Capital Budget plan.
Discussion: The purpose of this report is to authorize the execution of the new
Building Faster Fund (BFF) agreement with the Province of Ontario. On March 13,
2024, Premier Doug Ford announced that the City of Pickering will be receiving $5.2M
in BBF funding for exceeding its 2023 housing target, through the Province of Ontario’s
Building Faster Fund, which incentivizes municipalities to tackle housing supply issues,
by providing performance-based funding for housing and community infrastructure.
The BFF is a new provincially funded program designed to reward municipalities that
enable home construction, based on meeting its provincially assigned housing targets. It
is a three-year program that will provide $400 million per year to municipalities that have
achieved 80% or more of their annual housing targets. The funds are awarded based on
the percentage of the housing targets met, with bonuses for exceeding the target (up to
a maximum of 25% over target).
In 2023, Pickering experienced 1,502 new housing unit starts, exceeding their target of
951 units by 58 percent. As a result, the City received the maximum funding allocation
available.
The Building Faster Fund aims to help municipalities build the necessary infrastructure
to support new housing developments, including roads, sewers, and water systems.
Eligible spending categories include:
•Capital expenditures on housing-enabling core infrastructure and site servicing (e.g.,
roads, bridges, water, and wastewater, including sanitary and stormwater facilities)
to accommodate future residential development (e.g., through new construction,
reconstruction, rehabilitation/repair or expansion of existing infrastructure). Eligible
expenditures could also include capital maintenance for renewal, rehabilitation and
replacement of core infrastructure owned by the municipality to preserve existing
housing supply, as well as site servicing / preparation expenses to support the direct
creation of more housing.
•Operating or capital expenditures that support the creation of net new affordable
housing. Affordable housing will be defined as a unit that meets the definition of an
affordable residential unit set out in section 4.1 of the Development Charges Act,
- 8 -
FIN 15-24 July 25, 2024
Subject: Ontario Transfer Payment Agreement with the Province Page 3
of Ontario
_____________________________________________________________________
1997 or is a unit also supported by stacking with funds through a provincial
affordable housing program (e.g., Homelessness Prevention Program). Eligible
expenses must create a net increase in affordable housing stock.
•Operating or capital expenditures that support the creation of net new attainable
ownership housing, including through modular construction.
•Capital expenditures for homelessness services centres. This could include capital
expenses for net new shelter space or municipal homelessness service hubs.
Attachment 1 (Draft By-law), establishes a reserve fund for the deposit of the BFF
dollars. It is a requirement of the agreement that “BFF funds be kept in a separate
interest-bearing savings account and the City has to report on any interest earned”. The
reserve fund will facilitate the reporting of any interest earned and accumulated interest
will remain in the reserve fund to be used for approved projects and expenditures.
Attachments:
1.Draft By-law to establish the Building Faster Fund (BFF) Reserve Fund
2.Ontario Transfer Payment Agreement
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Jason Bekramchand, CPA Stan Karwowski, CPA, CMA, MBA
Senior Financial Analyst, Director, Finance & Treasurer
Capital & Debt Management
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 9 -
Attachment 1 to Report FIN 15-24
The Corporation of the City of Pickering
By-law No. 8125/24
Being a By-law to Provide for the Establishment of a
Reserve Fund to be known as the Building Faster
Fund (BFF) Reserve Fund.
Whereas under the Municipal Act, S.O., 2001 as amended, Section 417(1), the Council of the
City of Pickering may establish and maintain a reserve fund for any purpose for which it has
authority to expend funds; and
Whereas the Council of the City of Pickering approved Report to Council FIN 15-24 authorizing
the City to execute the Building Faster Fund (BFF) Ontario Transfer Payment Agreement.
Whereas it is desirable for the City of Pickering to establish such a reserve fund for the
purpose of administering this newly approved Building Faster Fund agreement with the
Province of Ontario.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows:
1.That the establishment of a reserve fund known as the Building Faster Fund (BFF)
Reserve Fund is hereby authorized.
2.That the Building Faster Fund (BFF) shall consist of such monies paid by the Provincial
Government or its agencies for the purpose of meeting the requirements of the program
as described in the agreement.
3.That the Treasurer may draw funds from this reserve fund for eligible projects as outlined
in the agreement.
4.That the Interest earned on the investment of fund balances shall form part of this reserve
fund.
5.That this By-law shall come into force on the date of its enactment.
By-law passed this 25th day of July, 2024.
__________________________________
Kevin Ashe, Mayor
__________________________________
Susan Cassel, City Clerk
- 10 -
Building Faster Fund Transfer Payment Agreement 1
ONTARIO TRANSFER PAYMENT AGREEMENT
THE AGREEMENT is effective as of the 1st day of April, 2024
B E T W E E N :
His Majesty the King in right of Ontario as represented by the Minister of Municipal Affairs and Housing
(the “Province”)
-and -
____________________________________ [enter the full legal name of the Recipient above]
(the “Recipient”)
CONSIDERATION
In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 Schedules to the Agreement. The following schedules form part of the Agreement:
Schedule “A” - General Terms and Conditions
Schedule “B” - Program Specific Information and Additional Provisions Schedule “C” - Program Schedule “D” - Eligible Expenditures and Ineligible Expenditures Schedule “E” - Payment Schedule
Schedule “F” - Reports
Schedule “G”- Program Guidelines
1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and
supersedes all prior oral or written representations and agreements.
Attachment 2 to Report FIN 15-24
The Corporation of the City of Pickering
- 11 -
Building Faster Fund Transfer Payment Agreement 2
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the provisions in Schedule “A” and the provisions of any other schedule, the
following rules will apply:
(a)the Parties will interpret any other schedule in so far as possible, in a waythat preserves the intention of the Parties as expressed in Schedule “A”;and
(b)where it is not possible to interpret the other schedule in a way that isconsistent with the provisions in Schedule “A”, Schedule “A” will prevailover the other schedule to the extent of the inconsistency.
3.0 COUNTERPARTS AND E-SIGNATURES
3.1 One and the Same Agreement. The Agreement may be executed and delivered in counterparts by electronic means, including by email transmission in PDF format, and the Parties may rely on such electronic execution as though
it were an original hand-written signature.
4.0 AMENDING THE AGREEMENT
4.1 Amending the Agreement. The Agreement may only be amended by a written
agreement duly executed by the Parties.
5.0 ACKNOWLEDGEMENT
5.1 Acknowledgement. The Recipient acknowledges that:
(a)the Funds are to assist the Recipient to carry out the Program and not toprovide goods or services to the Province;
(b)the Province is not responsible for carrying out the Program;
(c)the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) (“FIPPA”) and that any information provided to theProvince in connection with the Program or otherwise in connection withthe Agreement may be subject to disclosure in accordance with that Act;
and
(d)the Province is bound by the Financial Administration Act (Ontario)(“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by theProvince of Funds under the Agreement will be subject to,
- 12 -
Building Faster Fund Transfer Payment Agreement 3
(i)an appropriation, as that term is defined in subsection 1(1) of the
FAA, to which that payment can be charged being available in theProgram Year in which the payment becomes due; or
(ii)the payment having been charged to an appropriation for a
previous fiscal year.
-SIGNATURE PAGE FOLLOWS -
- 13 -
Building Faster Fund Transfer Payment Agreement 4
The Parties have executed the Agreement on the dates set out below.
HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Minister of Municipal
Affairs and Housing
_________________ ________________________________________
Date (dd-mmm-yyyy) Name: __________________________________
Title: ___________________________________
____________________________________
[enter the full legal name of the Recipient]
_________________ _______________________________________ Date (dd-mmm-yyyy) Name: _________________________________
Title: __________________________________
I have authority to bind the Recipient.
_________________ _______________________________________ Date (dd-mmm-yyyy) Name: _________________________________
Title: __________________________________
I have authority to bind the Recipient.
Signed:
Signed:
Signed:
The Corporation of the City of Pickering
Susan Cassel
City Clerk
Kevin Ashe
Mayor
- 14 -
Building Faster Fund Transfer Payment Agreement 5
SCHEDULE “A” GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(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 the Agreement; they are for referenceonly and will not affect the interpretation of the Agreement;
(d)any reference to dollars or currency will be in Canadian dollars and
currency; and
(e)“include”, “includes” and “including” denote that the subsequent list is notexhaustive.
A1.2 Definitions. In the Agreement, the following terms will have the following meanings:
“Additional Provisions” means the terms and conditions set out in Schedule
“B”.
“Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1.
“Allocation Notice” means the notice that the Recipient receives from the Province setting out the Recipient’s Annual Funding Allocation for the respective Program Year;
“Annual Funding Allocation” means the amount of Funds that the Province
allocates to the Recipient for a Program Year;
“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 has elected to be closed for business.
“Consultant” means any person the Recipient retains to do work related to
this Agreement.
“Effective Date” means the date set out at the top of the Agreement.
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Building Faster Fund Transfer Payment Agreement 6
"Eligible Expenditures” means the costs of the Program incurred by the Recipient and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in section D2.0 of Schedule “D”.
“Event of Default” has the meaning ascribed to it in section A12.1.
“Expiry Date” means the expiry date set out in Schedule “B”.
“Funds” means the money the Province provides to the Recipient pursuant to
the Agreement and includes any interest earned by placing the Funds in an
interest-bearing account pursuant to section A4.4.
“Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees.
“Indigenous Communities” include First Nation, Métis, and Inuit communities or peoples of Canada.
“Investment Plan” means an investment plan identifying the Recipient’s
proposed use of Funds substantially in the form set out in Schedule “G”.
“Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Program or any other part of the Agreement.
“Maximum Funds” means the maximum Funds set out in Schedule “B”.
“Notice” means any communication given or required to be given pursuant to the Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4.
“Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient.
“Performance Year” means:
(a)in the case of the 2023 Performance Year, the period commencing onJanuary 1, 2023 and ending on December 31, 2023;
(b)in the case of the 2024 Performance Year, the period commencing on
January 1, 2024 and ending on December 31, 2024; and
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Building Faster Fund Transfer Payment Agreement 7
(c)in the case of the 2025 Performance Year, the period commencing onJanuary 1, 2025 and ending on December 31, 2025.
“Proceeding” means any action, claim, demand, lawsuit, or other proceeding
that anyone makes, brings or prosecutes as a result of or in connection with the
Program or with any other part of the Agreement.
“Program” means the program described in Schedule “C,” including any projects and activities undertaken by the Recipient in accordance with
Schedule “C.”
“Program Year” means:
(a)in the case of the first Program Year, the period commencing on the
Effective Date and ending on December 31, 2024; and
(b)in the case of the second Program Year, the period commencing onJanuary 1, 2025 and ending on December 31, 2025.
“Records Review” means any assessment the Province conducts pursuant to
section A7.4.
“Reports” means the reports described in Schedule “F”.
“Revised Allocation Notice” means an Allocation Notice that the Province
issues that alters an Allocation Notice that the Province previously issued.
A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1 General. The Recipient represents, warrants, and covenants that:
(a)it has, and will continue to have, the experience and expertise necessaryto carry out the Program;
(b)it is in compliance with, and will continue to comply with, all federal andprovincial laws and regulations, all municipal by-laws, any requirement toobtain or maintain any approvals, permits, licenses, and authorizations,and any other orders, rules, and by-laws related to any aspect of the
Program, the Funds, or both; and
(c)unless otherwise provided for in the Agreement, any information theRecipient provided to the Province in support of its request for funds(including information relating to any eligibility requirements) was true
and complete at the time the Recipient provided it and will continue to betrue and complete.
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Building Faster Fund Transfer Payment Agreement 8
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a)the full power and authority to enter into the Agreement; and
(b)taken all necessary actions to authorize the execution of the Agreement,
including passing a municipal by-law authorizing the Recipient to enter
into the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow:
(a)procedures to enable the Recipient to manage Funds prudently andeffectively;
(b)procedures to enable the Recipient to complete the Program
successfully;
(c)procedures to enable the Recipient to identify risks to the completion ofthe Program and strategies to address the identified risks, all in a timelymanner;
(d)procedures to enable the preparation and submission of all Reportsrequired pursuant to Article A7.0; and
(e)procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to enable the Recipient to carry out its
obligations under the Agreement.
A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0.
A3.0 TERM OF THE AGREEMENT
A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or
Article A12.0.
A4.0 FUNDS AND CARRYING OUT THE PROGRAM
A4.1 Funds Provided. The Province will:
(a)provide the Recipient with Funds up to the Maximum Funds for thepurpose of carrying out the Program;
(b)provide the Funds to the Recipient in accordance with the payment
schedule attached to the Agreement as Schedule “E”; and
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Building Faster Fund Transfer Payment Agreement 9
(c)deposit the Funds into an account the Recipient designates provided
that the account:
(i)resides at a Canadian financial institution; and
(ii)is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1:
(a)the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides evidence satisfactory to the Province that the
Recipient’s council has authorized the execution of this Agreement bythe Recipient by municipal by-law;
(b)the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the certificates of insurance or other proof
required pursuant to section A10.2;
(c)the Province is not obligated to provide instalments of Funds until it issatisfied with the progress of the Program; and
(d)the Province may adjust the amount of Funds it provides to the Recipient
based upon the Province’s assessment of the information the Recipientprovides to the Province pursuant to section A7.2.
A4.3 Use of Funds and Carry Out the Program. The Recipient will do all of the following:
(a)carry out the Program in accordance with the Agreement;
(b)use the Funds only for the purpose of carrying out the Program;
(c)spend the Funds only in accordance with an approved Investment Plan;
(d)not use the Funds to cover any cost that has been or will be funded orreimbursed by one or more of any third party, ministry, agency, or
organization of the Government of Ontario.
A4.4 Separate Interest-Bearing Account. The Recipient shall place the Funds in a separate, distinct, interest-bearing savings account in the name of the Recipient at a Canadian financial institution.
A4.5 Interest. If any interest is earned pursuant to section A4.4, those amounts shall be:
(a)used by the Recipient only for the purposes of carrying out the Programand only for Eligible Expenditures in accordance with an approved
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Building Faster Fund Transfer Payment Agreement 10
Investment Plan; and
(b)treated in the same manner under the Agreement as other Funds,including with respect to the Recipient’s obligations relating to saving,reporting on and repaying unspent Funds, and the Province’s rights to
demand repayment, deduct amounts, and take any other action with
respect to Funds.
A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Program, less any costs
(including taxes) for which the Recipient has received, will receive, or is eligible
to receive, a rebate, credit, or refund.
A4.7 Saved Funds. The Recipient may save any Funds that it receives in one
Program Year for use in later Program Years. For greater certainty, saved Funds include Funds not committed and not spent, Funds committed but not spent, and any interest earned pursuant to section A4.4. Despite anything else in this Agreement, the Recipient will spend any Funds that it has saved by no later than March 31, 2026. In the event that the Recipient does not spend those
saved Funds in accordance with the requirements set out in this section A4.7 or otherwise in accordance with the Agreement, those saved Funds will be returned to the Province.
A4.8 Transfer of Funds. The Recipient may transfer Funds provided under this
Agreement to a third party for the purposes of carrying out a project or activity set out in the Recipient’s approved Investment Plan provided the following conditions are met:
(a)The project or activity is an Eligible Expenditure;
(b)The third party is a municipality, municipal services corporation,
municipal housing corporation, housing service manager or non-profit
housing provider, or another entity that has been approved by theProvince in writing to receive transferred Funds; and
(c)The Recipient has entered into an agreement with the third party withrespect to the Funds that is consistent with the terms and conditions of
this Agreement and incorporates the relevant provisions of thisAgreement. More specifically, but without limiting the generality of theforegoing, the Recipient agrees that all agreements with third partiesshall include provisions to ensure:
(i)proper and accurate accounts and records with respect to the
funded project or activity are kept and maintained as described inthe Agreement including section A7.3;
(ii)compliance with all federal and provincial laws and regulations, allmunicipal by-laws, any requirement to obtain or maintain any
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Building Faster Fund Transfer Payment Agreement 11
approvals, permits, licenses, and authorizations, and any other
orders, rules, and by-laws related to the funded project or activity;
(iii)that the Recipient can recover Funds provided to a third party upona breach of the agreement by the third party; and
(iv)the rights of the Province to audit the terms of any agreement,
record and account pertaining to the funded project or activity are
secured, pursuant to section A7.5.
A4.9 Third Party Agreements Provided by Recipient Upon Request. The Recipient shall provide to the Province, upon request, a copy of any agreement entered into with a third party pursuant to section A4.8.
A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds,
it will do so through a process that promotes the best value for money.
A5.2 Transfer or Disposal of Assets. The Recipient shall retain any assets purchased, rehabilitated or built with the Funds under this Agreement for a period of five years from the date that the project or work is completed. Within
this five year period, the Recipient may ask for the Province’s consent to
transfer to a third party, or dispose of, any assets purchased, rehabilitated or built with the Funds. The Province may impose any reasonable conditions, in granting its consent, including requiring the Recipient to:
(a)report to the Province any monies, including any capital gains, resulting
from the transfer or disposal of the asset and use those monies only for
Eligible Expenditures; or
(b)return to the Province the Funds used to purchase, rehabilitate, or buildthe transferred or disposed of asset.
A5.3 Transfer of Land. The Recipient shall retain any land purchased with the Funds under this Agreement for a period of five years from the date that the land is purchased by the Recipient. Within this five year period, the Recipient may ask for the Province’s consent to transfer to a third party any land
purchased with the Funds. The Province may impose any reasonable conditions, in granting its consent, including requiring the Recipient to:
(a)report to the Province any monies, including any capital gains, resultingfrom the transfer of the land and use those monies only for EligibleExpenditures; or
(b)return to the Province the Funds used to purchase the transferred land.
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Building Faster Fund Transfer Payment Agreement 12
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 the Program and any related projects or work to 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 Trade Agreements. If the Recipient is subject to any provincial or federal trade
agreements to which the Province is a party, the Recipient will comply with the
applicable requirements of such trade agreements.
A6.0 CONFLICT OF INTEREST
A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a 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 by a reasonable person to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Program, the use of the Funds, or both.
A6.2 No Conflict of Interest. The Recipient will carry out the Program and use the
Funds without an actual, potential, or perceived conflict of interest unless:
(a)the Recipient:
(i)provides Notice to the Province disclosing the details of the actual,
potential, or perceived conflict of interest;
(ii)requests the consent of the Province to carry out the Program withan actual, potential, or perceived conflict of interest;
(b)the Province provides its consent to the Recipient carrying out theProgram with an actual, potential, or perceived conflict of interest; and
(c)the Recipient complies with any terms and conditions the Province may
prescribe in its consent.
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Building Faster Fund Transfer Payment Agreement 13
A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify.
A7.2 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address set out in Schedule “B”: (i) all Reports in accordance with the timelines and content
requirements set out in Schedule “F”;
(ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time, including, but not limited to, any reports that may be required under Article
B3.0 of Schedule “B”;
(b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and
(i) signed by an authorized signing officer of the Recipient.
A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation:
(a) all financial records (including invoices and evidence of payment)
relating to the Funds or otherwise to the Program in a manner consistent with either international financial reporting standards or generally accepted accounting principles or any comparable accounting standards that apply to the Recipient; and
(b) all non-financial records and documents relating to the Funds or otherwise to the Program. A7.4 Records Review. The Province may, at its own expense, upon twenty-four
hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following:
(a) the truth of any of the Recipient’s representations and warranties;
(b) the progress of the Program;
(c) the Recipient’s allocation and expenditure of the Funds.
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Building Faster Fund Transfer Payment Agreement 14
A7.5 Inspection and Removal. For the purposes of any Records Review, the
Province may take one or both of the following actions:
(a)inspect and copy any records and documents referred to in section A7.3;
(b)remove any copies the Province makes pursuant to section A7.5(a).
A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by:
(a)ensuring that the Province has access to the records and documents
wherever they are located;
(b)assisting the Province to copy records and documents;
(c)providing to the Province, in the form the Province specifies, any
information the Province identifies; and
(d)carrying out any other activities the Province requests.
A7.7 No Control of Records. No provision of the Agreement will be construed to
give the Province any control whatsoever over any of the Recipient’s records.
A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor
General Act (Ontario).
A8.0 COMMUNICATIONS AND SIGNAGE REQUIREMENTS
A8.1 Acknowledge Support. Unless the Province directs the Recipient to do
otherwise, the Recipient will in each of its Program-related publications,
whether written, oral, or visual:
(a)acknowledge the support of the Province for the Program, including anyprojects and activities for which Funds are used;
(b)ensure that any acknowledgement is in a form and manner as theProvince directs; and
(c)indicate that the views expressed in the publication are the views of the
Recipient and do not necessarily reflect those of the Province.
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.
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Building Faster Fund Transfer Payment Agreement 15
A8.3 Signage.
(a)Recognition of Funding Contribution. The Parties agree that theProvince and the Recipient may both have signage recognizing theirfunding contribution in respect of the Program.
(b)Funding Recognition. Unless otherwise agreed to by the Province,
where the Recipient directs Funds towards an infrastructure project and:
(i)the Funds contributed by the Province exceed $250,000; or(ii)the project has construction period of 90 days or more;
the Recipient will produce and install a sign to recognize the Funds
contributed by the Province at each project site in accordance with, as applicable, the Province’s current respective signage guidelines. Provincial sign design, content, and installation guidelines will be provided by the Province.
(c)Notice of Sign Installation. The Recipient will inform the Province of
sign installations, including providing the Province with photographs ofthe sign(s) once installation of the sign(s) has been completed.
(d)Timing of Erection of Sign. If erected, signage recognizing theProvince’s contributions will be installed at project site(s) 30 days prior to
the start of construction, be visible for the duration of construction, and
remain in place until 30 days after construction is completed and theinfrastructure is fully operational or opened for public use.
(e)Size of Sign. If erected, signage recognizing the Province’s contributionwill be at least equivalent in size and prominence to project signage for
contributions by other orders of government and will be installed in a
prominent and visible location that takes into consideration pedestrianand traffic safety and visibility.
(f)Responsibility of Recipient. The Recipient is responsible for theproduction and installation of project signage, and for maintaining the
signage in a good state of repair at all times, or as otherwise agreed
upon.
A9.0 INDEMNITY
A9.1 Indemnification. The Recipient will indemnify and hold harmless the
Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties.
A9.2 Recipient’s Participation. The Recipient will, at its expense, to the extent
requested by the Province, participate in or conduct the defence of any
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Building Faster Fund Transfer Payment Agreement 16
proceeding against any Indemnified Parties and any negotiations for their
settlement.
A9.3 Province’s Election. The Province may elect 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.
A9.4 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.
A9.5 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.
A9.6 Limitation of Liability. The Recipient acknowledges and agrees that in no event will the Indemnified Parties be held liable for:
(a)any bodily injury, death or property damage to the Recipient, its
employees, agents or Consultants or for any Proceeding against the
Recipient, its employees, agents or Consultants; or
(b)any incidental, indirect, special or consequential damages, or any loss ofuse, revenue or profit to the Recipient, its employees, agents orConsultants arising out of any or in any way related to the Program or
this Agreement.
A10.0 INSURANCE
A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants
that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a program similar to the Program 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 in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following:
(a)the Indemnified Parties as additional insureds with respect to liability
arising in the course of performance of the Recipient’s obligations under,
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Building Faster Fund Transfer Payment Agreement 17
or otherwise in connection with, the Agreement;
(b)a cross-liability clause;
(c)contractual liability coverage; and
(d)at least 30 days’ written notice of cancellation.
A10.2 Proof of Insurance. The Recipient will:
(a)provide to the Province, either
(i)certificates of insurance that confirm the insurance coveragerequired by section A10.1;
(ii)other proof that confirms the insurance coverage required by
section A10.1; and
(b)in the event of a Proceeding, and upon the Province’s request, theRecipient will provide to the Province a copy of any of the Recipient’s
insurance policies that relate to the Program or otherwise to the
Agreement, or both.
A10.3 Recipient’s Subcontractor Insurance. The Recipient will ensure that any subcontractors or Consultants retained to perform any part or parts of the
Program will obtain and maintain all the necessary and appropriate insurance
that a prudent person in the business of the subcontractor or Consultant would obtain and maintain.
A11.0 TERMINATION ON NOTICE
A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions:
(a)direct that the Recipient does not incur any costs under this Agreement
without the Province’s prior written consent;
(b)cancel further instalments of Funds;
(c)demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
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Building Faster Fund Transfer Payment Agreement 18
(d) determine the reasonable costs for the Recipient to wind down the
Program, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(c); and
(ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT A12.1 Events of Default. It will constitute an Event of Default: (a) if, 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 the Agreement: (i) carry out the Program;
(ii) use or spend Funds; (iii) provide, in accordance with section A7.2, Reports or such other reports as the Province may have requested pursuant to section
A7.2(a)(ii);
(iv) follow any directions that the Province provides under the Agreement; or
(b) if the Recipient has provided false or misleading information to the
Province. A12.2 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 Program;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province determines appropriate;
(d) reduce the amount of the Funds;
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Building Faster Fund Transfer Payment Agreement 19
(e)cancel further instalments of Funds;
(f)demand from the Recipient the payment of any Funds remaining in thepossession or under the control of the Recipient;
(g)demand from the Recipient the payment of an amount equal to any
Funds the Recipient used, but did not use in accordance with theAgreement;
(h)demand from the Recipient the payment of an amount equal to any
Funds the Province provided to the Recipient;
(i)demand from the Recipient the payment of an amount equal to the coststhe Province incurred or incurs to enforce its rights under the Agreement,including the costs of any Records Review and the costs it incurs to
collect any amounts the Recipient owes to the Province; and
(j)upon giving Notice to the Recipient, terminate the Agreement at anytime, including immediately, without liability, penalty or costs to theProvince.
A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of:
(a)the particulars of the Event of Default; and
(b)the Notice Period.
A12.4 Recipient not Remedying. If the Province provides the Recipient with an
opportunity to remedy the Event of Default pursuant to section A12.2(b), and:
(a)the Recipient does not remedy the Event of Default within the NoticePeriod;
(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 waythat is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).
A12.5 When Termination Effective. Termination under Article A12.0 will take effect
as provided for in the Notice.
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Building Faster Fund Transfer Payment Agreement 20
A13.0 [INTENTIONALLY OMITTED]
A14.0 FUNDS UPON EXPIRY
A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to
the Province any unspent Funds remaining in its possession, under its control,
or both.
A15.0 DEBT DUE AND PAYMENT
A15.1 Payment of Overpayment. If at any time the Province provides Funds in
excess of the amount to which the Recipient is entitled under the Agreement, the Province may:
(a)deduct an amount equal to the excess Funds from any further
instalments of Funds; or
(b)demand that the Recipient pay to the Province an amount equal to theexcess Funds.
A15.2 Debt Due. If, pursuant to the Agreement:
(a)the Province demands from the Recipient the payment of any Funds, anamount equal to any Funds or any other amounts owing under the
Agreement; or
(b)the Recipient owes to the Province any Funds, an amount equal to anyFunds, or any other amounts owing under the Agreement, whether ornot the Province has demanded their payment;
such amounts will be deemed to be debts due and owing to the Province by the
Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.
A15.3 Interest Rate. The Province may charge the Recipient interest on any money
owing to the Province by the Recipient under the Agreement at the then current
interest rate charged by the Province of Ontario on accounts receivable.
A15.4 Payment of Money to 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 set out in Schedule “B”.
A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any
unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario.
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Building Faster Fund Transfer Payment Agreement 21
A16.0 NOTICE
A16.1 Notice in Writing and Addressed. Notice will be:
(a)in writing;
(b)delivered by email, postage-prepaid mail, personal delivery, or courier;and
(c)addressed to the Province or the Recipient as set out in Schedule “B”, or
as either Party later designates to the other by Notice.
A16.2 Notice Given. Notice will be deemed to have been given:
(a)in the case of postage-prepaid mail, five Business Days after the Notice
is mailed; and
(b)in the case of email, personal delivery or courier on the date on whichthe Notice is delivered.
A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption:
(a)Notice by postage-prepaid mail will not be deemed to be given; and
(b)the Party giving Notice will give Notice by email, personal delivery orcourier.
A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A17.1 Consent. When the Province provides its consent pursuant to the Agreement:
(a)it will do so by Notice;
(b)it may attach any terms and conditions to the consent; and
(c)the Recipient may rely on the consent only if the Recipient complies withany terms and conditions the Province may have attached to the
consent.
A18.0 SEVERABILITY OF PROVISIONS
A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed and all other provisions
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Building Faster Fund Transfer Payment Agreement 22
will continue in full force and effect unless similarly found void and/or
unenforceable.
A19.0 WAIVER
A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect.
A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver.
A20.0 INDEPENDENT PARTIES
A20.1 Parties Independent. The Recipient 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.
A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A21.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on:
(a)the Recipient’s heirs, executors, administrators, successors, andpermitted assigns; and
(b)the successors to His Majesty the King in right of Ontario.
A22.0 GOVERNING LAW
A22.1 Governing Law. The 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 the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.
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Building Faster Fund Transfer Payment Agreement 23
A23.0 FURTHER ASSURANCES
A23.1 Agreement into Effect. The Recipient will:
(a)provide such further assurances as the Province may request from time
to time with respect to any matter to which the Agreement pertains; and
(b)do or cause to be done all acts or things necessary to implement andcarry into effect the terms and conditions of the Agreement to their fullextent.
A24.0 JOINT AND SEVERAL LIABILITY
A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
A25.0 RIGHTS AND REMEDIES CUMULATIVE
A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in
substitution for, any of its rights and remedies provided by law or in equity.
A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A26.1 Other Agreements. If the Recipient:
(a)has failed to comply with any term, condition, or obligation under anyother agreement with His Majesty the King in right of Ontario or one ofHis agencies (a “Failure”);
(b)has been provided with notice of such Failure in accordance with therequirements 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,
the Province may suspend the payment of Funds under this Agreement without
liability, penalty or costs for such period as the Province determines
appropriate.
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Building Faster Fund Transfer Payment Agreement 24
A27.0 SURVIVAL
A27.1 Survival. The following Articles and sections, and all applicable cross-referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the
Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable
definitions, , sections A4.4, A4.5, A4.6, A4.7, A4.8 and A4.9, sections A5.2 and A5.3, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8,
Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e),
(f), (g), (h), (i) and (j), Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0, Article A27.0, and Article B3.0.
-END OF GENERAL TERMS AND CONDITIONS -
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Building Faster Fund Transfer Payment Agreement 25
SCHEDULE “B” PROGRAM SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS
Maximum Funds For each Program Year, the amount of the Recipient’s Annual Funding Allocation as set
out in the Recipient’s Allocation Notice or in
the Recipient’s Revised Allocation Notice if a Revised Allocation Notice has been issued pursuant to section B2.2.
Expiry Date March 31, 2026
Insurance $10,000,000
Contact information for the purposes of Notice to the Province Position: Charlene Cressman, Director,
Housing Supply Strategy Branch
Address: 14th Floor, 777 Bay Street, Toronto ON M7A 2J3
Email: charlene.cressman@ontario.ca
Contact information for the purposes of Notice to the
Recipient
Position: ____________________________________
Address: ____________________________________
____________________________________
Email: ___________________________________
Contact information for the senior financial person in the Recipient
organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement
Director, Finance & Treasurer
1 The Esplanade South
Pickering, ON L1V 6K7
skarwowski@pickering.ca
Position: _________Director, Finance & Treas_________urer__________________
Address: _________1 The Esplanade South___________________________
P_________ickering, ON L1V 6K7___________________________
Email:
skarwowski@pickering.c___________________________________a
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Building Faster Fund Transfer Payment Agreement 26
Additional Provisions:
B1.0 ELIGIBILITY
B1.1 Eligibility Criteria. To be eligible to receive an Annual Funding Allocation, the
Recipient must have a provincially-assigned housing target to be met by the
Recipient by 2031, and must have:
(a)committed to achieve its housing target through a council-approvedpledge or a written head of council commitment submitted to the
Province; and
(b)provided feedback to the Province prioritizing the recommendationscontained in the February 2022 report of the Housing Affordability TaskForce.
B1.2 Continued Eligibility. The Recipient must continue to meet the eligibility
criteria set in section B1.1 in each Program Year in order to be eligible to receive an Annual Funding Allocation for that Program Year. The Recipient’s eligibility for a given Program Year will be assessed prior to the start of that Program Year.
B2.0 ANNUAL FUNDING ALLOCATION
B2.1 Annual Funding Allocation. For each Program Year in which the Recipient is eligible for the Program, the Recipient will receive an Allocation Notice from the Province. The Allocation Notice will set out the Recipient’s Annual Funding
Allocation for the Program Year, based on the Recipient’s performance against its housing target in the relevant Performance Year, which will be calculated in accordance with the formula set out in Schedule “G”.
B2.2 Revised Allocation Notice. If, after the Recipient has received an Allocation
Notice for a given Program Year, the Province revises its assessment of the Recipient’s performance against its housing target in the relevant Performance Year, the Province may issue a Revised Allocation Notice to the Recipient for that Program Year. In the event that the Province issues a Revised Allocation
Notice for a given Program Year, the Revised Allocation Notice will revoke and
replace the Allocation Notice for which the Revised Allocation Notice was issued.
B3.0 INDIGENOUS CONSULTATION
B3.1 Notice to Province. In carrying out the Program, the Recipient will consider if any proposed projects or work to which Funds are directed may have the potential to adversely impact the exercise of Aboriginal or treaty rights. In circumstances where any proposed projects or work to which Funds are
directed have the potential to adversely impact the exercise of Aboriginal or
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Building Faster Fund Transfer Payment Agreement 27
treaty rights, the Recipient will provide immediate Notice to the Province.
B3.2 Delegation of Procedural Aspects of Consultation. If the Province determines that consultation with Indigenous Communities is required on a project or work to which Funds are directed, the Recipient agrees that the
Province may delegate certain procedural aspects of consultation to the
Recipient, including:
(a)providing notice of the project or work to the Indigenous Communities
identified by the Province;(b)following up, as necessary, in an appropriate manner to ensure that theIndigenous Communities are aware of the opportunity to providecomments or concerns about the project or work;(c)answering questions from the Indigenous Communities about the project
or work to the extent of the Recipient’s ability;(d)providing the Indigenous Communities with reasonable opportunities tomeet with appropriate representatives of the Recipient to discuss theproject or work;(e)considering comments provided by the Indigenous Communities
regarding the potential impact of the project or work on Aboriginal ortreaty rights, and any potential accommodation or mitigation measuresas appropriate.
B3.3. Report to Province. Where the Province has delegated the procedural aspects
of consultation on a project or work to which Funds are directed to the Recipient, the Recipient will provide a report to the Province, within the timeframe directed by the Province acting reasonably, that includes:
(a)a list of all Indigenous Communities notified by the Recipient of the
project or work;(b)a summary of all communications between the Recipient and theIndigenous Communities regarding the project or work;(c)a summary of all comments or concerns that the IndigenousCommunities have provided with respect to the project or work;
(d)any other information that the Province may deem appropriate.
B3.4 Direction from Province. The Recipient agrees to comply with any direction from the Province with respect to consultation with Indigenous Communities, including by stopping or not commencing a project or work to which Funds are
directed until any consultation requirements have been met.
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Building Faster Fund Transfer Payment Agreement 28
SCHEDULE “C” PROGRAM
Background
The Building Faster Fund (“BFF”) rewards eligible municipalities that meet or exceed their provincially-assigned housing targets. BFF is designed to help municipalities pay for critical housing-enabling infrastructure and other related costs that support
community growth.
The Recipient shall carry out the Program by using Funds for projects and activities described in its approved Investment Plan and only for Eligible Expenditures.
Investment Plan
(1) The Recipient shall develop and submit to the Province for approval an Investment Plan for each Program Year in accordance with the timelines and substantially in the form set out in Schedule “G”.
(2) The Investment Plan for each Program Year must be approved by the Recipient’s council or through delegated authority, as applicable.
(3) The Investment Plan shall contain, among other things, the following information
for the Program Year:
- A description of each project or activity to be undertaken with the Funds, including an explanation of how the project or activity will support increasing housing supply, housing development, including issues of housing affordability,
and address any identified risks to achieve housing targets;
- Amounts of Eligible Expenditures planned for the Program Year for each project or activity; and - Other sources of funding being used toward each project or activity.
(4) The Province will provide Notice of its decision with respect to the approval of the
Investment Plan with any such amendments as the Province considers appropriate within a reasonable amount of time. (5) If, after approval by the Province of an Investment Plan for a Program Year,
changes in operating and capital expenditures are required, the Recipient may,
with prior approval of the Province, reallocate Funds to other Eligible Expenditures. Reallocations will only be permitted within the same expenditure category: capital expenditures for other capital expenditures and operating expenditures for other operating expenditures. No reallocations will be permitted
between operating and capital expenditures. The Recipient shall provide Notice
of the proposed reallocation(s) to the Ministry in the form of a revised Investment Plan with reallocations and changes clearly marked and submit to the Province for approval prior to December 31st of that Program Year. Reallocation requests
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Building Faster Fund Transfer Payment Agreement 29
must be approved by the Recipient’s council or through delegated authority, as
appropriate.
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Building Faster Fund Transfer Payment Agreement 30
SCHEDULE “D” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES
D1.0 Definitions D1.1 For the purposes of this Schedule “D”, the following terms have the meanings set out in this section:
“Affordable Housing” means a unit that meets the definition of an affordable
residential unit set out in section 4.1 of the Development Charges Act, 1997, or is a unit also supported by stacking with funds provided through a provincially-funded affordable housing program (e.g., Homelessness Prevention Program).
“Attainable Housing” means a unit that meets the definition of attainable
ownership housing set out by the Province through an attainable housing program or agreement with the Province, or meets the definition of an attainable residential unit as defined in section 4.1 of the Development Charges Act, 1997.
“Ineligible Expenditures” means the costs of the Program that are ineligible for contribution by the Province under the terms and conditions of the Agreement, and that are described in section 3.0 of this Schedule “D”.
“Modular” means a home that is built using one or more prefabricated components or modules. It is constructed partially or completely off-site in a manufacturing facility then transported to a property and assembled there, like building blocks.
D2.0 Eligible Expenditures D2.1 Eligible Expenditures. The Recipient may spend the Funds on soft costs (including planning, studies and permits), land costs, and hard costs (including costs of construction, labour and materials) in the following categories:
i. Capital expenditures on housing-enabling core infrastructure, such as roads, bridges, water, wastewater, and stormwater facilities, and site servicing, including:
a. new construction, reconstruction, rehabilitation/repair or expansion of existing infrastructure to accommodate future residential development; b. maintenance for the renewal, rehabilitation and replacement of existing infrastructure owned by the Recipient to preserve existing
housing supply; c. site servicing or preparation expenses to support the direct creation of more housing.
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Building Faster Fund Transfer Payment Agreement 31
ii.Operating or capital expenditures that support the creation of net new
Affordable Housing units.
iii.Operating or capital expenditures that support the creation of net newAttainable Housing units, including:
a. Construction of Modular housing units.
iv.Capital expenditures for homelessness services centers, including:a.Capital expenses for net new shelter space or municipalhomelessness service hubs.
D2.2 Direct and Verifiable Costs Only. Eligible Expenditures shall only include all direct and incremental costs that are attributable to the development and implementation of the Program and are in the Province’s sole and absolute discretion, properly and reasonably incurred. Any spent Funds reported by the
Recipient must be actual, verifiable cash outlays that are documented through
invoices, receipts or other records that are acceptable to the Province.
D2.3 Limitation on Operating Expenditures. Operating expenditures must be time-limited and cannot create operating funding obligations beyond the Expiry Date
(e.g., the creation of new staff positions).
D3.0 Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to section D 2.0, such cost will be considered an Ineligible Expenditure. Without limiting the generality of the foregoing, the following costs
are Ineligible Expenditures and are therefore ineligible to be paid from the
Funds provided under this Agreement:
i.Municipal staffing and administration costs;ii.Legal costs incurred by the Recipient;
iii.Rolling stock (e.g., trucks, graders, etc.);
iv.Movable/transitory assets (e.g., portable generators, etc.);v.Office and IT equipment and supplies (e.g. computers, servers, furniture,etc.);vi.Costs of developing and completing any application or reporting for a
provincial funding program, including any Reports required under the
Program;vii.All taxes, penalties, and duties;viii.Financing and/or borrowing costs;ix.Insurance costs;
x.Non-cash items such as depreciation/amortization expenses for tangible
capital and intangible assets, provisions for bad/doubtful accounts, etc.
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Building Faster Fund Transfer Payment Agreement 32
SCHEDULE “E” PAYMENT SCHEDULE
The following represents the schedule of payments of Funds for each Program Year:
Program Year Payment No. and Percentage of Recipient’s Annual Funding Allocation
Payment Date
For each Program Year Payment #1 70% Within 30 Business Days of the Province’s approval of the Investment
Plan for that Program Year
Payment #2
30%
Within 30 Business Days of the
Province’s approval of the Year End Report for that Program Year
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Building Faster Fund Transfer Payment Agreement 33
SCHEDULE “F” REPORTS
Name of Report Due Date
Investment Plan In accordance with Schedule “G”
Year End Report In accordance with Schedule “G”
Report Due Dates The reporting period is set out in Schedule “G”.
Except as noted below, if the due date of any Report falls on a non-Business Day, the
due date is deemed to be the next Business Day. Submission of Reports
All reports are to be submitted through Transfer Payment Ontario (TPON) unless the
Province notifies the Recipient otherwise. Report Details
1. The Investment Plan shall be substantially in the form set out in Schedule “G”.
The Investment Plan shall include the required information as set out in Schedule “C” and Schedule “G”. 2. The Year End Report shall be substantially in the form set out in Schedule “G”.
The Year End Report shall include the required information as set out in
Schedule “G”.
Performance Measures
- Delivery of all Reports within established timelines
- Ensuring all expenditures are in accordance with the Agreement - Timely responses to requests from the Province
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Building Faster Fund Transfer Payment Agreement 34
SCHEDULE “G” PROGRAM GUIDELINES
The attached program guidelines form Schedule “G” to the Agreement.
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