HomeMy WebLinkAboutJuly 23, 2026 - Special Council
Special Council
Meeting Agenda
Electronic Meeting
July 23, 2026
01:00 PM
Chair: Mayor Ashe
Please be advised that in accordance with Section 10.04 of the Procedure By-law, the City of
Pickering is holding Council and Committee Meetings in an electronic format until further
notice.
Members of the public may observe the open, public portion of the meeting proceedings
by viewing the livestream on the HTML Agenda or the archived video available on the
City's website.
How to Participate
Individuals looking to make a verbal delegation for items listed under Section 6 of the agenda
may do so in accordance with the City’s Procedure By-law. In lieu of a verbal delegation,
individuals may also submit written comments to clerks@pickering.ca. To register as a
Delegation, please submit a Delegation Request Form by visiting pickering.ca/meetings.
For inquiries related to accessibility, please contact Legislative Services
Phone: 905.420.4611 | Email: clerks@pickering.ca
Call to Order/Roll Call
Disclosure of Interest
In Camera Matters
Matters to be discussed relate to the following provisions under Section 239(2) of the
Municipal Act:
(e) litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board (Item 3.2);
(f) advice that is subject to solicitor-client privilege, including communications
1.
2.
3.
necessary for that purpose (Item 3.1 and 3.2);
(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations
carried on or to be carried on by or on behalf of the municipality or local board (Item
3.2).
Confidential Verbal Update from Kelly McDermott, Director,
Legal Services, Regional Municipality of Durham
Re: Indemnification By-law Update
Confidential Memorandum from the Director, City
Development & CBO and Director, Corporate Services & City
Solicitor
Re: Council Direction Regarding the Appeal of the Parkland Dedication By-law
OLT Case Number: OLT-25-000022
(Confidential attachment provided under separate cover)
Confidential Special Council - Public Report
Delegations
Matters for Consideration
Director, Community Services, Report CS 20-26 Page 5
Architectural Consulting Services for Design and Construction Contract
Administration of Major Renovations at Chestnut Hill Developments
Recreation Complex O’Brien Arena
Request for Proposal No. RFP2026-6
Recommendation:
That Report CS 20-26 regarding the Architectural Consulting Services for Design
and Construction Contract Administration of Major Renovations at Chestnut Hill
Developments Recreation Complex O’Brien Arena be received;
1.
That the proposal submitted by CS&P Architects Inc. in response to Request for
Proposal No. RFP2026-6 for Architectural Consulting Services for Design and
Construction Contract Administration of Major Renovations at Chestnut Hill
Developments Recreation Complex O’Brien Arena, in the amount of
2.
3.1
3.2
4.
5.
6.
6.1
Special Council Meeting Agenda
July 23, 2026
- 2 -
$584,102.40 (net HST) or $648,620.00 (HST included) be accepted;
That the total gross project cost of $924,204.00 (HST included), including the
amount of the proposal, contingency, and other associated costs, and the total
net project cost of $832,274.00 (net HST) be approved;
3.
That the Director, Finance & Treasurer be authorized to finance the net project
cost of $832,274.00 to be funded from the Canada Community Building (FGT)
Reserve Fund, Casino Reserve and Facilities Reserve as approved in the 2026
Capital Budget;
4.
That the Director, Community Services be authorized to execute the OAA 600
2021 A Contract with the above-mentioned consultant pursuant to Request for
Proposal No. RFP2026-6; and,
5.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
6.
Director, Community Services, Report CS 21-26 Page 10
Licence Agreement for the use of space at Centennial Park Between the City
of Pickering and the Pickering Ajax Italian Social Club
Recommendation:
That Report CS 21-26 regarding the Licence Agreement for use of space at
Centennial Park between the City of Pickering and the Pickering Ajax Italian
Social Club be received;
1.
That the Mayor and City Clerk be authorized to execute the Licence Agreement
with the Pickering Ajax Italian Social Club as set out in Attachment 1 to this
report, subject to minor revisions acceptable to the Director, Community
Services and City Solicitor; and,
2.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
3.
Director, Engineering Services, Report ENG 13-26 Page 43
Engineering Consulting Services for Detailed Design of Michell Bridge
Replacement Project
Recommendation:
That Report ENG 13-26 regarding the Detailed Design of Michell Bridge
Replacement Project be received;
1.
That the proposal submitted by Keystone Bridge Management Inc. in response
to Request for Proposal No. RFP 2026-7 Consulting Services for Michell Bridge
Replacement, in the amount of $220,615.55 (HST included) or $198,671.14 (net
2.
6.2
6.3
Special Council Meeting Agenda
July 23, 2026
- 3 -
HST) be accepted;
That the total gross project cost of $276,578.00 (HST included), including the
proposal fee amount, a contingency, and other associated costs, and the total
net project cost of $249,067.00 (net of HST) be approved;
3.
That Council authorize the Director, Finance & Treasurer to finance the net
project cost of $249,067.00 (net HST) by a transfer from the OCIF Fund as
approved in the 2025 Capital Budget;
4.
That the Director, Engineering Services be authorized to enter into and execute
the Form of Agreement with the above-mentioned consultant pursuant to
Request for Proposal No. RFP 2026-7; and,
5.
That the appropriate officials of the City of Pickering be authorized to take the
actions necessary to implement the recommendations in this report.
6.
By-laws
By-law 8282/26 Page 49
Being a by-law to provide for coverage, including indemnification, reimbursement
and legal defence, for eligible members of Council and employees in respect of
certain proceedings arising from the performance of their duties.
Confirmatory By-law
Adjournment
7.
7.1
8.
9.
Special Council Meeting Agenda
July 23, 2026
- 4 -
Report to
Council
Report Number: CS 20-26
Date: July 23, 2026
From: Laura Gibbs
Director, Community Services
Subject:
Architectural Consulting Services for Design and Construction Contract Administration of Major
Renovations at Chestnut Hill Developments Recreation Complex O’Brien Arena
Request for Proposal No. RFP2026-6
File: A-1440-001
Recommendation:
1. That Report CS 20-26 regarding the Architectural Consulting Services for Design and
Construction Contract Administration of Major Renovations at Chestnut Hill Developments
Recreation Complex O’Brien Arena be received;
2. That the proposal submitted by CS&P Architects Inc. in response to Request for Proposal
No. RFP2026-6 for Architectural Consulting Services for Design and Construction Contract
Administration of Major Renovations at Chestnut Hill Developments Recreation Complex
O’Brien Arena, in the amount of $584,102.40 (net HST) or $648,620.00 (HST included) be
accepted;
3. That the total gross project cost of $924,204.00 (HST included), including the amount of the
proposal, contingency, and other associated costs, and the total net project cost of
$832,274.00 (net HST) be approved;
4. That the Director, Finance & Treasurer be authorized to finance the net project cost of
$832,274.00 to be funded from the Canada Community Building (FGT) Reserve Fund,
Casino Reserve and Facilities Reserve as approved in the 2026 Capital Budget;
5. That the Director, Community Services be authorized to execute the OAA 600 2021 A
Contract with the above-mentioned consultant pursuant to Request for Proposal No.
RFP2026-6; and,
6. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
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CS 20-26 July 23, 2026
Page 2
1.0 Executive Summary:
The purpose of this report is to award Request for Proposal No. RFP2026-6 for Architectural
Consulting Services for Design and Construction Contract Administration of Major Renovations
at the Chestnut Hill Developments Recreation Complex (CHDRC) O’Brien Arena.
The O’Brien Arena, originally constructed in 1992, requires renewal of certain components as
they are at end of life. This includes major renovations to the arena and related spaces;
renewal of facility systems; lifecycle replacement of the roof and wall cladding, and lifecycle
replacement and upgrades to the existing arena controls.
Request for Proposal No. RFP2026-6 was advertised on the City’s Bids & Tenders portal on
April 14, 2026, and closed on May 15, 2026. Eight proponents submitted proposals. The
evaluation committee, consisting of staff from Community Services, reviewed and evaluated
the proposals received using criteria outlined in the request for proposal documents.
Subject to receipt and approval of all pre-conditions of award required in accordance with the
bid document, the top-ranked proposal submitted by CS&P Architects Inc. in the amount of
$584,102.40 (net HST) or $648,620.00 (HST included), is recommended for approval. The
total gross project cost is $924,204.00 (HST included), and the total net project cost is
$832,274.00 (net HST).
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priorities of
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Lead & Advocate for
Environmental Stewardship, Innovation & Resiliency.
3.0 Financial Implications:
RFP Amount
Proposal RFP 2026-6 $574,000.00
HST (13%)
74,620.00
Total Gross Proposal Cost $648,620.00
Estimated Project Costing Summary
Proposal RFP2026-6 $574,000.00
Testing and Inspection Costs (Design Phase) 85,000.00
Permits and Approvals 90,000.00
Contingency (12%)
68,880.00
Total Project Cost $817,880.00
HST (13%) 106,324.00
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CS 20-26 July 23, 2026
Page 3
Total Gross Project Cost
$924,204.00
HST Rebate (11.24%)
(91,930.00)
Total Net Project Cost $832,274.00
Approved Source of Funds – Recreation Complex – Arenas Capital Budgets
Approved Code Source of Funds Funds Available Funds Required
C10235.2601 Canada Community Building
(FGT) Reserve Fund
$60,000.00
C10235.2602 Casino Reserve 760,000.00
C10235.2603 Facilities Reserve 320,000.00
Total Funds $1,140,000.00 $832,274.00
Project Cost under (over) approved funds by $307,726.00
All funding will be consolidated under the capital project C10235.2602 (O’Brien Arena
Renovation). The funding from C10235.2601 (O’Brien Arena Controls Upgrade) and
C10235.2603 (O’Brien Arena Roof & Cladding Replacement) will be transferred to
C10235.2602 and the remaining capital accounts will be closed. The balance of consolidated
funding will remain available to be used for related construction work, to follow the completion
of design. Construction costs for this project are subject to future budget approval.
Testing and inspection costs are included to thoroughly assess existing conditions, which will
mitigate design and construction risk. Such costs include utility locates, arborist reporting,
pavement investigation, measuring flows of existing mechanical systems, pipe condition tests,
designated substance surveys, curtain wall condition investigations, sewer camera
investigations, and other tests to confirm existing assemblies and conditions.
4.0 Discussion:
The purpose of this report is to award Request for Proposal No. RFP2026-6 for Architectural
Consulting Services for Design and Construction Contract Administration of Major Renovations
at CHDRC O’Brien Arena. This consulting work includes site investigation, design, preparation
of construction documents, and construction contract administration for the major renovations
at O’Brien Arena.
4.1 Project Summary
The O’Brien Arena was originally constructed in 1992 as an addition to the original portion of
the Chestnut Hill Developments Recreation Complex completed in 1983. It requires renewal of
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CS 20-26 July 23, 2026
Page 4
certain components as they are at end of life. This includes a major renovation to the arena,
meeting rooms, exterior patio, dressing rooms, coaches' rooms, referee room, kitchen, snack
bar, washroom, vestibules, arena entrance lobby and related areas. Facility systems to be
investigated and considered for renewal include flooring, curtain wall, meeting room folding
partitions, arena dasher board system, doors, paint, interior and exterior lighting, sound
systems, information technology, fire alarm, security, automatic door openers, heating
ventilation and air conditioning systems, refrigeration system, hot water generation system,
grease trap, arena dry sprinkler system, building automation system, arena controls, roof
assembly, building envelope, siteworks and pavement.
Within the design phase, public engagement sessions will be held to review project scope and
timelines with residents and arena user groups. Members of the public to be consulted include
general users, residents, the Pickering Accessibility Advisory Committee, and sport user
groups. Construction is tentatively planned to begin in 2028, subject to budget approval of
construction costs.
4.2 Procurement Process
Request for Proposal No. RFP2026-6 was advertised on the City’s Bids & Tenders portal on
April 14, 2026, and closed on May 15, 2026. Eight proponents submitted proposals. The
evaluation committee, consisting of staff from Community Services, reviewed and evaluated
the proposals received using criteria outlined in the request for proposal documents.
Subject to receipt and approval of all pre-conditions of award required in accordance with the
bid document, the top-ranked proposal submitted by CS&P Architects Inc. in the amount of
$584,102.40 (net HST) or $648,620.00 (HST included), is recommended for approval. The
total gross project cost is $924,204.00 (HST included), and the total net project cost is
$832,274.00 (net HST).
Attachment: None.
Prepared By:
Dennis Yip, P.Eng., PMP®, CEM, LEED® AP, Manager, Facilities Capital Projects
Vince Plouffe, OAA, MRAIC, Division Head, Facilities Management & Construction
Approved/Endorsed By:
Laura Gibbs, MBA, MSc., Director, Community Services
Kayla Horne, CPPB, Supervisor Procurement
- 8 -
CS 20-26 July 23, 2026
Page 5
Stan Karwowski, MBA, CPA, CMA, Director, Finance & Treasurer
LG:dy
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 9 -
Report to
Council
Report Number: CS 21-26
Date: July 23, 2026
From: Laura Gibbs
Director, Community Services
Subject:
Licence Agreement for the use of space at Centennial Park Between the City of Pickering and
the Pickering Ajax Italian Social Club
File: A-1440-001
Recommendation:
1. That Report CS 21-26 regarding the Licence Agreement for use of space at Centennial
Park between the City of Pickering and the Pickering Ajax Italian Social Club be received;
2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with the
Pickering Ajax Italian Social Club as set out in Attachment 1 to this report, subject to minor
revisions acceptable to the Director, Community Services and City Solicitor; and
3. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1.0 Executive Summary:
The purpose of this report is to execute a Licence Agreement with the Pickering Ajax Italian
Social Club (the “Club”) for a five-year term beginning on June 1, 2026, and ending on May 30,
2031.
The City of Pickering is committed to maintaining a strong partnership with the Club and
supporting their contributions to the community by renewing a non-exclusive five-year Licence
Agreement. This Agreement permits the use of space at Centennial Park including four bocce
courts for the purpose of operating their Club activities.
The Club has operated programs and activities in the portable building and on the bocce
courts at Centennial Park to the satisfaction of the City and staff recommend the Licence
Agreement set out in Attachment 1 of this report be renewed for another five-year term.
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CS 21-26 July 23, 2026
Page 2
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priorities of
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Strengthen Existing & Build
New Partnerships; and Foster an Engaged & Informed Community.
3.0 Financial Implications:
The maintenance and upkeep of the park is already undertaken by the City and the Club pays
for annual lighting fees. As such, there are no additional costs resulting from the approval of
this Licence Agreement.
The conditions of the Licence Agreement require that the Club pay the City $1.00 for the term
of the agreement. Additionally, the Agreement requires the Club to pay the City annual
charges for the bocce courts on site for hydro use. This amount shall be paid on or before April
1st in each year of the Term. Annual charges are subject to the General Municipal Fees By-
Law.
The Pickering Ajax Italian Social Club generate a revenue from activities that occur within the
licenced premises. The Club is required to provide a financial summary of their activities to the
City by February 1st annually. The Club’s 2025 financial statement confirms a starting balance
of $24,193.73 and reports total expenses of $24,157.28 and total revenues of $14,633.28.
Their closing balance as of January 1, 2026, was $14,668.73.
4.0 Discussion:
The purpose of this report is to execute the Licence Agreement with the Club beginning on
June 1, 2026, and ending on May 30, 2031.
4.1 Background of the Pickering Ajax Italian Social Club
The Pickering Ajax Italian Social Club is a community hub for members of the Italian
community in Pickering and Ajax and has been located at Centennial Park for over 20 years.
The Club focuses on fostering social connections and physical health for its members,
specifically Pickering and Ajax.
The Club offers social and recreational opportunities which include bocce, afternoon socials
and potlucks. The Club offers a friendly, local setting for members to remain active and
engaged in the community and is a key social resource.
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CS 21-26 July 23, 2026
Page 3
The Club has a total of 80 active members. They host league play three times per week on
Monday, Wednesday, and Fridays from approximately 7:00 pm – 10:00 pm beginning in mid-
May through until early October. In addition to their game schedule, they host various other
annual club activities, including two social events (Summer Picnic and Corn Roast), Park
Spring Clean-up, Dinner & Dance (off site), and Christmas Potluck. They host their Annual
General Meeting each year in February.
Pickering Ajax Italian Social Club – Schedule of Events 2026
Date Activity Time
Wednesday, January 14 Elections
Wednesday, February 18 Annual General Meeting 7:30 pm
Saturday, April 25 –
Sunday, April 26
Spring Clean up
**Weather permitting
1:00 pm – 4:00 pm
Wednesday, May 13 Bocce Summer League Starts 7:00 pm – 10:00 pm
Friday, May 15 Bocce Summer League 7:00 pm – 10:00 pm
Monday, May 25 Bocce Summer League 7:00 pm – 10:00 pm
Wednesday, June 17 General Meeting 7:30 pm
Sunday, July 12 Summer Picnic 10:00 am – 6:00 pm
Wednesday, September 2 General Meeting 7:30 pm
Sunday, September 13 Corn Roast 10:00 am – 6:00 pm
Friday, October 2 Bocce Summer League
last Friday
7:00 pm – 10:00 pm
Monday, October 5 Bocce Summer League
last Monday
7:00 pm – 10:00 pm
Wednesday, October 7 Bocce Summer League ends 7:00 pm – 10:00 pm
Friday, October 16 Dinner Dance
Belvue Manor, Vaughan
Wednesday, November 11 General Meeting 7:30 pm
November 11 – December 31 Nominations for Vice President &
Membership Chair
Sunday, December 6 Christmas Potluck 3:00 pm
Wednesday, January 13, 2027 Club Elections 7:30 pm
4.2 Licence Agreement
Staff have consulted with the Club in the preparation of the draft Licence Agreement, and they
are agreeable to its terms. The Agreement was reviewed with input from a Solicitor from
Corporate Services.
The following notable changes have been made to this Agreement:
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CS 21-26 July 23, 2026
Page 4
a. Standardized language: The agreements wording has been updated to align with
similar Licence Agreements for consistency;
b. Licence Format: the document now reflects a Licence Agreement rather than a
lease, ensuring accurate representation of space usage;
c. Annual General Meeting: a requirement to hold an Annual General Meeting has
been added;
d. Termination Notice: the termination notice period has been reduced from six months
to three months for either party; and,
e. Overholding Clause: The overholding provision has been removed.
Updates to the Licence Agreement continue to provide the same level of access to the
premises that the Club had in the previous agreement.
Staff recommend that a Licence Agreement be executed with the Club to permit the operation
of their community program within Centennial Park as outlined in Attachment 1. The proposed
Agreement will be for a term commencing June 1, 2026, and ending on May 30, 2031.
Attachments:
1. Pickering Ajax Italian Social Club Licence Agreement – Clean Version
2. Pickering Ajax Italian Social Club Licence Agreement – Track Changes
Prepared By:
Kim Bradley, Special Advisor, Community Services
Marilou Murray, Manager, Community Services Administration & Strategic Initiatives
Approved/Endorsed By:
Laura Gibbs, MBA, MSc., Director, Community Services
LG:kb
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 13 -
Attachment 1 to Report CS 21-26
Licence Agreement
This Licence is made as of the 1st day of June 1, 2026
Between:
The Corporation of the City of Pickering (the "City")
-and -
Pickering Ajax Italian Social Club
(the "Club")
Whereas the City is the owner of Centennial Park located at 2250 Brock Road, Pickering, ON, L1X 2C6;
Whereas the Pickering Ajax Italian Social Club wishes to supply and use a portable building, kitchenette and external storage room, as well the bocce courts for the purpose of operating their community program; and,
Whereas the City is prepared to grant a Licence to the Club to permit exclusive use of
the portable building, kitchenette and external storage room, as well as non-exclusive
use of the bocce courts at Centennial Park for such purpose.
Now therefore the parties agree as follows:
Article I Interpretation
Definitions
1.In this Lease,
(a)"Commencement Date" means June 1, 2026;
(b)"Licence Agreement" this agreement as it may be amended from time totime;
(c)Licence Fee: the fee payable pursuant to Section 21;
(d)"Premises" means that portion of the Centennial Park comprising of theportable building (Club House), the kitchenette and external storage room;and, the outdoor grounds which include 4 Bocce Courts as shown on
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2
Schedule “A” attached hereto, located at 2250 Brock Road, in the City of Pickering, Regional Municipality of Durham; and,
(e) "Term" the Term of this Agreement as set out in Section 19.
Headings
2. The division of this Licence Agreement into articles, sections, subsections and
schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
Schedule
3. Schedule “A” site map is incorporated into and forms part of this Agreement.
Severability
4. All the provisions of this Licence Agreement are to be construed as covenants
even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this Agreement, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation
where the context so requires.
Governing Law
6. This Agreement shall be governed by, and interpreted and enforced in
accordance with, the laws in force in the Province of Ontario.
Entire Agreement
7. This Agreement constitutes the entire Agreement between the parties concerning
the Premises and may only be amended or supplemented by an Agreement in writing signed by both parties.
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3
Article II Grant and Use
Grant
8. In consideration of the performance by the Club of its obligations under this Agreement, the City is granting a non-exclusive Licence to the Club to use the
Bocce Courts and Washroom Facilities and an exclusive licence for use of the
Club House for the purpose described herein. The Club acknowledges that this Agreement does not create an interest in the Licenced Premises, nor does the Club claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the Licenced Premises.
Club Use of Premises
9. The Premises shall be used only for functions organized by the Club or other community organizations pre-approved in writing by the City, including small
gatherings, meetings and non-commercial receptions, and for no other purpose without the prior written consent of the City which consent may be arbitrarily withheld. The Premises shall not be used for the delivery or programs, services, activities or events which are directly or indirectly in competition with those offered by the City of Pickering.
10. The Club is only permitted to use the Premises when the Premises are open to the public (Parks By-Law). The Club is required to use the Premises within the same operating hours as the Premises’ operating schedules, which schedules shall be approved by the City from time to time. The City reserves the right, in its
sole discretion, to alter the operating schedules and the City will not be responsible for any losses or damage including any lost revenues and/or expenses incurred by the Club due to operating schedule changes and/or Premises closure, for any reason whatsoever.
Nuisance
11. (a) The Club shall not carry on any activities, do, or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City.
(b) The Club may not sell, give away or in any manner dispense alcoholic beverages to any person. No alcoholic beverages will be permitted on the Premises.
City Use of Premises Takes Priority
12. The City shall always have the right to use the Premises, save and except the portable building, for its own purposes as required, and in such instances, shall give the Club reasonable notice of its intention to use the Premises to minimize
and avoid any scheduling conflicts. The City’s needs shall take priority. The Club
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4
shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. The City shall ensure the Premises are cleaned
after such use should it occur.
Assignment
13. The Club shall not assign this Licence without the prior written consent of the Director, which consent may be arbitrarily withheld.
Licences
14. The Club shall hold an Annual General Meeting (AGM) in each calendar year of
the Term.
15. The Club may not grant licences to other third parties to use the Premises.
16. The Club shall submit an annual calendar ) of Club activities to the City by February 1st of each year of the Term.
17. The Club shall submit their annual year-end financial statement and membership list (to include names and municipality of residence) to the City by February 15th of each year of the Term.
18. The Club shall submit a list of their Board of Directors and their contact information to the City by February 15th of each year of the Term.
Article III
Term
Term
19. The term of this Licence Agreement shall be five (5) years from the
Commencement Date to May 31, 2031.
20. Notwithstanding anything else contained herein, this Agreement may be terminated by either party upon three (3) months prior notice to the other in writing.
21. Upon expiry or early termination of this agreement the Clubs rights to use the licenced premises shall be terminated but the Club shall, notwithstanding such expiry or termination, be liable to the City for any loss or damage suffered by the
City by reason of any default of the Club of its obligations hereunder. Upon expiry
or early termination, the Club shall be responsible to remove their property,
including the portable building, stairs and storage room at their expense within a 90-day period.
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5
Article IV
Licence Fee
Licence Fee
22. The Club shall pay to the City as a Licence Fee for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00).
Utilities
23. The club shall pay annual charges for the on-site bocce courts for hydro use. This
amount shall be paid on or before April 1st in each year of the Term. Annual
charges are subject to the General Municipal Fees By-law.
Article V Maintenance, Repairs and Alterations
Maintenance of Premises
24. The Club shall maintain and operate the Premises so that the Premises shall
always be of good appearance and suitable for the proper operation.
25. The club shall provide general maintenance services (cleaning, minor/cosmetic upgrades/supplies) to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment related to the portable building, the storage
room, the kitchenette and to the area inside the fence largely comprised of the Bocce courts.
26. The Club shall be responsible for the portable building in its entirety, at its
expense and shall keep it in good repair. The Club shall be responsible for all day-
to-day operating expenses, including but not limited to, garbage removal from the
facility.
27. The Club shall have use of the washrooms for its members for events held between November 1 to April 30 each year and the Club shall be responsible for
cleaning during this time.
28. The club shall be responsible for winter maintenance to the stairs, accessibility ramp and the pathway from the parking lot to the kitchenette and the portable
building at their sole expense and liability when used by the club or its members in
the winter season from November 1 to April 30.
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6
29. The City, or its designate, shall be responsible for all day-to-day maintenance and maintenance expenses including garbage removal, washroom maintenance from
May 1 to October 31, benches, fencing, plumbing, picnic shelter, asphalt
pathways, parking lot and the washroom building.
30. The City shall provide snow removal services for the parking lot only.
31. (1) Subject to subsection (2), the City shall be responsible for all inspections
and preventative maintenance and replacement at its sole discretion with respect to:
(a) HVAC equipment;
(b) Water supply and plumbing;
(c) Electrical transformer, parking lot, portable building lights; and, (d) Lawn care and exterior grass cutting and landscaping to the park area.
(2) The Club shall be responsible for any damages or costs incurred due to the
misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse.
32. The Club shall immediately notify the City of any damage or unsafe conditions on the Premises.
Security
33. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys are provided to third parties (even temporarily) without prior written consent of the City. Only Club representatives that have signed for the keys with the City, or parties granted written consent by the City,
will be authorized to be in possession of keys to the Premises. The Club will
provide the City with copies of the keys for maintenance and inspection access.
Alterations/Improvements to Premises
34. The Club shall not make alterations or additions to the Premises without prior
written consent of the Director or a designate. Any such pre-approved alterations, additions, or fixtures shall be at the sole cost and expense of the Club and shall be added to the City’s inventory of fixtures and shall form part of the City’s property. The Club acknowledges that it has no claim to any such alteration,
addition or fixture upon termination or expiration of this Agreement.
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7
Article VI Insurance and Indemnity
Insurance
35. The Club, at its sole cost and expense, shall take out and keep in full force and effect through the Term,
(a) insurance upon property owned by it which is located on the Premises; and,
(b) commercial general liability insurance pertaining to the Club's liability to
others in respect of injury, death or damage to property occurring upon, in
or about the Premises, and includes coverage for tenants’ legal liability. Such insurance to be of an amount not less than five million dollars ($5,000,000.00) for claims per occurrence and shall contain a cross-liability clause. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter
has been given to the City by the insurer 30 days in advance of the expiry date.
36. Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insurance in a form satisfactory to the City Treasurer, verifying that the
commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance.
37. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Club may be held responsible.
38. The Club is responsible for insuring all of its own property including any property owned by any other party and which is brought to the Premises.
39. The Club shall not do or omit, or permit anything to be done that causes any insurance premium to the City to be increased, and if any insurance premium shall be so increased, the Club shall pay to the City forth with upon demand the amount of such increase.. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be
cancelled or refused to be renewed by the insurer, by reason of the use of occupation of the Premises, the Club shall forthwith remedy or rectify such use or occupation upon being required to do so in writing by the City and if the Club shall fail to do so the City may, at its options, terminate the Agreement forthwith by
notice to the Club and the Club shall immediately vacate the Premises.
40. The City shall not be liable for any loss or damage to any property belonging to the club or to any other persons or for any injury or death to any person while
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8
such person or property is on the premises, unless such loss, damage, or injury is caused directly by the wilful misconduct or negligence of the City, or those for
whom the City is at law responsible. This provision shall survive the expiration or
early termination of this agreement.
Indemnification
41. The Club shall indemnify and save harmless the City, its directors, officers,
employees, elected officials, agents, contractors, and representatives from and against any and all actions, losses, damages, claims, costs and expenses (including without limiting the generality of the foregoing, all claims for personal injury, death, and/or property damage) and also damages arising from any breach
of this Agreement, by the Club, or from any act or omission of the Club or those
for whom the Club is at law responsible in or around the Premises arising from the Club’s use of the Premises pursuant to this Agreement. The City shall not be liable for any loss or damage to any property belonging to the Club or to any other persons or for injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the wilful
misconduct or negligence of the City or those for whom the City is in law responsible. This provision shall survive the expiration or earlier termination of this Agreement.
Article VII Remedies on Default
City's Right to Re-Enter
42. The City reserves the right to re-enter the Premises at any time for any reason without notice. The City will provide reasonable notice if it deems practical to do so based on its sole discretion.
City's Right to Remedy Default
43. In addition to all other remedies the City may have under this Agreement and in law, if the Club is in default of any of its obligations under this Agreement, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as the City deems may be reasonably required in
the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs.
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9
Waiver
44. No condoning, excusing or overlooking by the City of any default, breach or
non-observance by the Club at any time or times in respect of any covenant,
obligation or agreement under this Agreement shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver
shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing.
Article VIII General Operations
Signs
45. The Club shall not exhibit or allow to be exhibited on the exterior of the Premises,
any sign, notice, noticeboard, painting, design or advertisement without the City’s prior written consent. Internal signs can be erected within the Premises that include notices, program information, and advertising that relate to the programs and services offered by the Club. All such signs shall be removed from the
Premises at the end of the Term.
Compliance with Laws
46. The Club, at its sole cost and expense, shall comply with all legal requirements including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club.
47. This Agreement shall enure to the benefit of and be binding upon the parties and
their respective successors including any successor by reason of amalgamation or statutory arrangement and permitted assigns.
48. The Club hereby agrees to keep the Premises, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Club
shall not enter into any agreements for the Premises which would run with the Premises and become an obligation of the City upon termination or expiration of this Agreement.
General
49. The Club shall,
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10
(a) Operate the Club in the space(s) outlined in Schedule A of this Agreement;
(b) Be responsible for all day-to-day operating expenses and program related
equipment and supplies;
(c) Obtain all necessary licences and approvals that may be required in connection with the operation of Club program(s);
(d) Ensure that games of chance, lottery, or gambling in any form(s) contrary to law is strictly forbidden;
(e) Maintain the Premises in a clean, sanitary, and attractive condition
satisfactory to the City throughout the Term and, at the end of the Term,
repair or replace any damage to the Premises save and except reasonable wear and tear, at its sole cost and expense. The Club shall leave the Premises in the same state in which they were at the commencement of the Term;
(f) The City shall provide all necessary electrical power, heat and other utilities; and,
(g) The City assumes no responsibility to the Club and shall not be liable for any loss or damage incurred by the Club arising from temporary or
unavoidable interruption of the supply of electrical power, heat, or other
utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever they are interrupted.
50. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Agreement, where such performance is
made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including but not limited to labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency.
51. The Club shall not have the right to register this Agreement or notice thereof against title to the Premises or any part thereof.
52. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver or any right to object to the release of this Licence or of any information or documents.
53. The Club covenants and agrees to advise all members, visitors, and guests of the
Club that the City is not the provider of the program and that all associated activities are provided solely by the Club.
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11
Notice
54. Any notice to the City under this Licence shall be in writing and shall be delivered to
the following address :
Pickering Civic Complex One the Esplanade Pickering, ON L1V 6K7
Attention: City Clerk
55. Any notice to the Club under this Licence shall be in writing and shall be delivered
to the following address:
Pickering Ajax Italian Social Club 2250 Brock Road Pickering, ON, L1X 2R2
Attention: John Conte
56. Notice shall be sufficiently given if delivered in person or sent by registered mail during normal business hours on a business day.
57. Each notice sent shall be deemed to have been received on the day it was delivered or on the third (3rd) business day after it was mailed.
58. The parties may change their address for notice by giving notice of such new address in witing and delivering it to the other party.
59. No amendment to this Licence shall be effective unless it is in writing and signed by both parties.
Schedules
60. Schedule “A” attached hereto form part of this Agreement.
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__________________________________
__________________________________
__________________________________
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12
In Witness Whereof, the parties have executed this Lease.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Pickering Ajax Italian Social Club
Giovanni Conte, President
I have the authority to bind the Club.
Filomena Tomei, Treasurer I have the authority to bind the Club.
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CENTENNIAL PARK
P-008
PARK INFO.
BOCCE
COURTS
PORTABLE
BUILDING
WASHROOM
BUILDING (SEE
ENLARGEMENT)
PARKING
LOT
WASHROOM BUILDING
KITCHENETTE
TOILETS TOILETS
UT
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SHELTER
BASEBALL DIAMOND
PLAYGROUND
STORAGE
SCHEDULE "A"
TOILETS TOILETS
WASHROOM BUILDING
KITCHENETTE
STORAGE
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WASHROOM BUILDING
TOILETS TOILETS
WASHROOM BUILDING
KITCHENETTE
STORAGE
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Attachment 2 to Report CS 21-26
Lease Licence Agreement
This Lease Licence is made as of the 1st day of June 1, 20212026
Between:
The Corporation of the City of Pickering
(the "City")
- and -
Formatted: English (United States)
Pickering Ajax Italian Social Club
(the "Club")
Whereas the City is the owner of Centennial Park located at 2250 Brock Road,
Pickering, ON, L1X 2C6;
Whereas the Pickering Ajax Italian Social Club wishes to supply and use thea portable
building, kitchenette and external storage room, as well the bocce courts for the purpose
of operating their community program; and
Whereas the City is prepared to grant a Licence to the Club to permit non-exclusive use
of the portable building, kitchenette and external storage room, as well as non-exclusive
use of the bocce courts at Centennial Park for such purpose.;
Now therefore the parties agree as follows:
Formatted: English (United States)
Article I
Interpretation
Definitions
1.In this Lease,
(a)"Commencement Date" means June 1, 20212026;
(b)"LeaseLicence Agreement" means this lease agreement as it may be
amended from time to time;
(b)(c) Licence Fee: the feerent payable pursuant to Section 21; and
(c)(d) "Premises" means that portion of the Centennial Park comprising of the
pPortable building (Club House), the Ktitchenettekitchenette and external
Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -1"
Formatted: Font color: Black
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2
sStorage rRoom; and, the outdoor grounds which include 4 Bocce Courts
as shown on Schedule “A” attached hereto, located at 2250 Brock Road, in
the City of Pickering, Regional Municipality of Durham; and,
(d) "Rent" means the rent payable pursuant to Section 21; and
(e) "Term" means the Tterm of this Lease Agreement as set out in Section
189.
Headings
2. The division of this Lease Licence Agreement into articles, sections, subsections
and schedules and the insertion of headings are for convenience of reference only
and shall not affect the construction or interpretation of this Lease.Agreement.
Schedule
3. Schedule “A” site map is incorporated into and forms part of this
LeaseAgreement.
Severability
4.All of the provisions of this Lease Licence Agreement are to be construed as
covenants even where not expressed as such. If any such provision is held to be
or rendered invalid, unenforceable or illegal, then it shall be considered separate
and severable from this Lease Agreement and the remaining provisions of this
Lease Agreement shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this
LeaseAgreement, such word shall include the plural. Words importing either
gender or firms or corporations shall include the other gender and individuals,
firms or corporation where the context so requires.
Governing Law
6. This Lease Agreement shall be governed by, and interpreted and enforced in
accordance with, the laws in force in the Province of Ontario.
Entire Agreement
7. This Lease Agreement constitutes the entire Aagreement between the parties
concerning the Premises and may only be amended or supplemented by an
Aagreement in writing signed by both parties.
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3
Formatted: Centered
Formatted: Not Highlight
Article II
Grant and Use
Grant
8. In consideration of the performance by the Club of its obligations under this
LeaseAgreement, the City leases is granting a non-exclusive Licence to the Club
to use the Bocce Courts and Washroom Facilities and an exclusive licence for use
of the Club HousePremises to the Club for its use during the Termfor the purpose
described herein. The Club acknowledges that this Agreement does not create an
interest in the Licenced Premises, nor does the Club claim any past or present
interest, howsoever arising, as a result of or connected in any way with the use of
the Licenced Premises.
Club Use of Premises
9. The Premises shall be used only for non-profit functions organized by the Club or
other community organizations pre-approved in writing by the City, including small
gatherings, meetings and non commercialnon-commercial receptions, and for no
other purpose without the prior written consent of the City which consent may be
arbitrarily withheld. The Premises shall not be used for the delivery or programs,
services, activities or events which are directly or indirectly in competition with
those offered by the City of Pickering. , charity events or non-commercial
receptions of the Club at its expense and for no other purpose without the prior
written consent of the City.
Formatted: Indent: Left: 0.5", No bullets or numbering
9.10. The Club is only permitted to use the Premises when the Premises are open to
the public (Parks By-Law). The Club is required to use the Premises within the
same operating hours as the Premises’ operating schedules, which schedules
shall be approved by the City from time to time. The City reserves the right, in its
sole discretion, to alter the operating schedules and the City will not be
responsible for any losses or damage including any lost revenues and/or
expenses incurred by the Club due to operating schedule changes and/or
Premises closure, for any reason whatsoever.
Nuisance
10.11. (a) The Club shall not carry on any activities, do, or suffer any act or thing that
constitutes a nuisance or which is offensive or an annoyance to the City.
Formatted: Indent: Left: 0", Hanging: 1"
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4
(b) The Club may not sell, give away or in any manner dispense alcoholic
beverages to any person. No alcoholic beverages will be permitted on the
Premises.
City Use of Premises Takes Priority
11.12.Subject to section 11, theThe City shall always have first the right of refusal to use
the Premises, save and except the portable building, which are non-exclusive
(bocce courts and washrooms) for its own purposes as required, and in such
instances, shall give the Club reasonable notice of its intention to use the
Premises to minimize and avoid any scheduling conflicts. The City’s needs shall
take priority. The Club shall not be entitled to any rental fees or other
remuneration associated with the use of the Premises by the City. The City shall
ensure the Premises are cleaned after such use should it occur.
Assignment and Subletting
12.13.The Club shall not assign this Lease Licence or sublet all or any portion of the
Premises without the prior written consent of the CityDirector, which consent may
be arbitrarily withheld.
Licences
14. The Club shall hold an Annual General Meeting (AGM) in each calendar year of
the Term.
Formatted: Indent: Left: 0.5", Hanging: 0.5"
Formatted: Indent: Left: 0.5", No bullets or numbering
13.15. The Club may not grant licences to other third parties to use the Premises.
14.16. The Club shall submit an annual calendar (February 1 to January 31) of Club
activities to the City by February 1st of each year of the Term.
15.17. The Club shall submit their annual year-end financial statement and membership
list (to include names and municipality of residence) to the City by February 15th of
each year of the Term.
16.18. The Club shall submit a list of their Board of Directors and their contact
information to the City by February 15th of each year of the Term.
Article III
Term
Term
17.19.The term of this Lease Licence Agreement shall be five (5) years from the
Commencement Date to May 31, 202316.
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5
20. The City mayNotwithstanding anything else contained herein, this Agreement may
be terminated this Leaseby either party at any time for any reason provided it has
given the Clubupon three six (36) months prior notice to the other in writing.
18.21. Upon expiry or early termination of this agreement the Clubs rights to use the
licenced premises shall be terminated but the Club shall, notwithstanding such
expiry or termination, be liable to the City for any loss or damage suffered by the
City by reason of any default of the Club of its obligations hereunder. Upon expiry
or early termination, the Club shall be responsible to remove their property,
including the portable building, stairs and storage room at their expense within a
90 day90-day period.
Over holding
19. If the Club remains in possession of the Premises after the expiry of the Term,
there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory
provisions or legal presumption to the contrary, and the Club shall be deemed to
be occupying the Premises from month to month upon the same terms, covenants
and conditions as are set forth in this Lease insofar as they are applicable to a
monthly tenancy.
Article IV
RentLicence Fee
RentLicence Fee
Formatted: List Paragraph, No bullets or numbering
Formatted: French (France)
Formatted: French (France)
20.22.The Club shall pay to the City as rent a Licence Fee for the entire the Term in
lawful money of Canada the sum of One (1) Dollar ($1.00).
Utilities
21.23. The club shall pay $200.00 plus HST in annual charges for the on-site bBocce
cCourts lighting for hydro use. This amount shall be paid on or before April 1st in
each year of the Term. Annual charges are subject to the General Municipal Fees
By-law.
Gross Lease
22. The City acknowledges that this is a gross lease and agrees to pay all charges,
impositions and outlays of every nature and kind relating to the Premises except
as expressly set out in this Lease.
Formatted: Superscript
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6
Article V
Maintenance, Repairs and Alterations
Maintenance of Premises
23.24. The Club shall maintain and operate the Premises so that they Premises shall
always be of good appearance and suitable for the proper operation of the
Premises.
24.25. The club shall provide general maintenance services (cleaning, minor/cosmetic
upgrades/supplies) to the Ppremises at its expense and shall provide all
necessary cleaning and maintenance supplies such as cleaning products, related
paper products and cleaning equipment related to the portable building, the
storage room, the kitchenette and to the area inside the fence largely comprised
of the Bocce courts.
25.26. The Club shall be responsible for the portable building in its entirety, at its
expense and shall keep it in good repair. The Club shall be responsible for all day-
to-day operating expenses, including but not limited to, garbage removal from the
facility.
26.27. The cClub shall have use of the washrooms for its members for events held
between November 1 to April 30 each year and the Cclub shall be responsible for
cleaning during this time.
27.28.The club shall be responsible for winter maintenance to the stairs, accessibility
ramp and the pathway from the parking lot to the kKitchenette and the Pportable
building at their sole expense and liability when used by the club or its members in
the winter season from November 1 to April 30.
28.29. The City, or its designate, shall be responsible for all day-to-day operating
expensesmaintenance and maintenance expenses including garbage removal,
washroom maintenance from May 1 to October 31, benches, fencing, plumbing,
picnic shelter, asphalt pathways, parking lot and the washroom building.
29.30. The City shall provide snow removal services for the parking lot only.
31. (1) Subject to subsection (2), the City shall be responsible for all inspections
and preventative maintenance and replacement at its sole discretion with
respect to:
(a) HVAC equipment; to the heating equipment
(b) Water supply and , plumbing;
(c) Electrical , transformer, parking lot, portable building lights; and,
Formatted: Indent: Hanging: 0.5"
Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.5"
Formatted: Indent: First line: 0"
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7
30.(d) Lawn care and, and exteriorand exterior grass cutting and
landscaping to the park area.
(2) The Club shall be responsible for any damages or costs incurred due to the
misuse or negligence of the Club, its employees, invitees, servants, agents,
or others under its control and the Club shall pay to the City on demand the
expense of any repairs including the City’s reasonable administration
charge necessitated by such negligence or misuse.
31.32. The Club shall immediately notify the City of any damage or unsafe conditions on
the Premises.
Security
32.33. The Club shall be responsible for the security of the Premises. The Club will
ensure that no copies of the keys are provided to third parties (even temporarily)
without prior written consent of the City. Only Club representatives that have
signed for the keys with the City, or parties granted written consent by the City,
will be authorized to be in possession of keys to the Premises. The Club will
ensure that keys are provided to the City with copies of the keys for maintenance
and inspection access.
Alterations/Improvements to Premises
33.34. The Club shall not only be permitted to make alterations or additions to the
Premises without prior written consent of the Director or a designate. Any such
pre-approved alterations, additions, or fixtures shall be at the sole cost and
expense of the Club and shall be added to the City’s inventory of fixtures and shall
form part of the City’s property. The Club acknowledges that it has no claim to any
such alteration, addition or fixture upon termination or expiration of this Agreement
and improvements to the Premises that have been approved by the City.
Article VI
Insurance and Indemnity
Club's Insurance
34.35. The Club, at its sole cost and expense, shall take out and keep in full force and
effect through the Termmaintain,,
(a) insurance upon property owned by it which is located on the Premises;
and,
Formatted: Indent: Left: 1", Hanging: 0.5", Tab stops: 1.5", List tab + Not at 1"
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8
(b) commercial general liability insurance pertaining to the Club's liability to
others in respect of injury, death or damage to property occurring upon, in
or about the Premises, and includes coverage for tenants’ legal liability.
Such insurance to be of an amount which is reasonable and sufficient
having regard to the scope of the risk and the current practice of prudent
owners of similar premises for the carrying on of similar businesses, but in
any event in an amount not less than five twofive million dollars
($525,000,000.00) for claims arising out of oneper occurrence and shall
contain a cross liabilitycross-liability clause. Such policy shall also name
the City as an additional named insured and may not be cancelled unless
prior notice by registered letter has been given to the City by the insurer 30
days in advance of the expiry date.
35.36. Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insurance in a form satisfactory to the City Treasurer, verifying that the
commercial general liability insurance policy is in effect and setting out the
essential terms and conditions of the insurance.
37. The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Club may be held responsible.
36.38. The Club is responsible for insuring all of its own property including any property
owned by any other party and which is brought to the Premises.
Insurance Risks
39. The Club shall not do or, omit to do, or permit to be done or omittedanything to be
done upon the Premises anything that may contravene or be prohibited by any of
the City's insurance policies in force from time to time covering or relevant to any
part of the Premises or which would prevent the City from procuring its policies
with companies acceptable to the City. If the conduct of business in the Premises
or any acts or omissions of the Club on the Premises causes or results in any
increase insurance premiums for any ofto the City's insurance policies, the Club
shall pay such to be increased, and if any insurance premium shall be so
increased, the Club shall pay to the City forth with upon demand the amount of
such increase. to the City. If notice of cancellation or lapse shall be given
respecting any insurance policy of the City or if any insurance policy shall be
cancelled or refused to be renewed by the insurer, by reason of the use of
occupation of the Premises, the Club shall forthwith remedy or rectify such use or
occupation upon being required to do so in writing by the City and if the Club shall
fail to do so the City may, at its options, terminated the Agreement forthwith by
notice to the Club and the Club shall immediately vacate the Premises.
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: List Paragraph, No bullets or numbering
Formatted: Font color: Auto, English (United Kingdom)
Formatted: List Paragraph, No bullets or numbering
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9
37.40. The City shall not be liable for any loss or damage to any property belonging to
the club or to any other persons or for any injury or death to any person while
such person or property is on the premises, unless such loss, damage, or injury is
caused directly by the wilful misconduct or negligence of the City, or those for
whom the City is at law responsible. This provision shall survive the expiration or
early termination of this agreement.
Indemnification
38.41.Each of the City and tThe Club shall indemnify and save harmless the other City,
its directors, officers, employees, elected officials, agents, contractors, and
representatives from and against any and all actions, losses, damages, claims,
costs and expenses (including without limiting the generality of the foregoing, all
claims for personal injury, death, and/or property damage) solicitors' fees on a
solicitor and client basis) to which the party being indemnified shall or may
become liable by reason of anyand also damages arising from any breach of this
Agreement, violation or non-performance by the party so indemnifying of any
covenant, term or provision of this Lease or by reason of any damageby the Club,
injury or death occasioned to or suffered by any person or persons including the
City or the Club, as the case may be, or any property by reason of any wrongful
act, neglect or default on the part of the party so indemnifying or any of those
persons for whom it is in law responsibleor from any act or omission of the Club or
those for whom the Club is at law responsible in or around the Premises arising
from the Club’s use of the Premises pursuant to this Agreement. The City shall
not be liable for any such For greater certainty, the limitation of liability set out
above in this section does not extend to claims, losses or damages to any
property belonging to the Club or to any other persons or for injury to any person
while such person or property is on the Premises, unless such loss, damage or
injury is caused directly by the resulting in whole or in part from the gross
negligence or wilful misconduct or negligence of the party City claiming
indemnification, its employees or those for whom the City it is in law responsible.
This provision shall survive the expiration or earlier termination of this Agreement.
Article VII
Remedies on Default
City's Right to Re-Enter
39.42. The City reserves the right to re-enter the Premises at any time for any reason
without notice. The City will provide reasonable notice if it deems practical to do
so based on its sole discretion.If any amount payable to the City under this Lease
shall remain unpaid for fifteen (15) days after the Club has received notice
thereof, then it shall be lawful for the City at any time thereafter to re-enter the
Premises. Formatted: Font color: Black
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10
City's Right to Remedy Default
40.43.In addition to all other remedies the City may have under this Lease Agreement
and in law, if the Club is in default of any of its obligations under this
LeaseAgreement, and such default has continued for a period of ten (10) days
after receipt of notice by the Club (or such longer period as the City deems may
be reasonably required in the circumstances to cure such default, except in an
emergency where the City will not be required to give notice), the City, without
prejudice to any other rights which it may have with respect to such default, may
remedy such default and the Club shall be responsible for all such costs.
Waiver
41.44. No condoning, excusing or overlooking by the City of any default, breach or
non-observance by the Club at any time or times in respect of any covenant,
obligation or agreement under this AgreementLease shall operate as a waiver of
the City’s rights hereunder in respect of any continuing or subsequent default,
breach or non-observance, or so as to defeat or affect in any way the rights of the
City in respect of any such continuing or subsequent default or breach, and no
waiver shall be inferred from or implied by anything done or omitted by the Club
save only an express waiver in writing.
Article VIII
MiscellaneousGeneral Operations
Quiet Enjoyment
42. The City shall permit the Club to peaceably possess and enjoy the Premises
during the Term and during facility operating hours without any interference from
the City, or any person lawfully claiming by, from or under the City provided the
Club be not in default.
Right of Entry
43. The Club agrees to permit the City and authorized representatives of the City to
enter the Premises during normal business hours for the purpose of inspecting the
Premises. The City shall use its best efforts to minimize the disruption to the
Club's use of the Premises during any such entry.
Signs
- 36 -
11
44.45. The Club Club may only erect signs on the Premises with the City’s prior
approval. All such signs shall be removed from the Premises at the end of the
Termnot exhibit or allow to be exhibited on the exterior of the Premises, any sign,
notice, noticeboard, painting, design or advertisement without the City’s prior
written consent. Internal signs can be erected within the Premises that include
notices, program information, and advertising that relate to the programs and
services offered by the Club. All such signs shall be removed from the Premises
at the end of the Term.
Compliance with Laws
46. The Club, at its sole cost and expense, shall comply with all legal requirements
(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the
use of the Premises by the Club or the making of any improvements to the
Premises by the Club.
47. This Agreement shall enure to the benefit of and be bouinding upon the parties
and their respective successors including any successor by reason of
amalgamation or statutory arrangement and permitted assigns.
48. The Club hereby agrees to keep the Premises, including every part thereof, free
and clear of any lien, encumbrance or security interest or notice thereof. The Club
shall not enter into any agreements for the Premises which would run with the
Premises and become an obligation of the City upon termination or expiration of
this Agreement.
General
49. T(1) the Club shall,
(a) Operate the Club in the space(s) outlined in Schedule A of this Agreement;
(b) Be responsible for all day-to-day operating expenses and program related
equipment and supplies;
(c) Obtain all necessary licences and approvals that may be required in
connection with the operation of Club program(s); and
(d) Ensure that games of chance, lottery, or gambling in any form(s) contrary
to law is strictly forbidden;.
(e) Maintain the Premises in a clean, sanitary, and attractive condition
satisfactory to the City throughout the Term and, at the end of the Term,
repair or replace any damage to the Premises save and except reasonable
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- 37 -
12
wear and tear, at its sole cost and expense. The Club shall leave the
Premises in the same state in which they were at the commencement of
the Term;.
(a) (a) The City shall provide all necessary electrical power, heat and other
utilities; and,
(f)
(g) (b) The City assumes no responsibility to the Club and shall not be liable
for any loss or damage incurred by the Club arising from temporary or
unavoidable interruption of the supply of electrical power, heat, or other
utilities due to any cause whatsoever. The City shall use reasonable
diligence to restore any such services whenever they are interrupted.
50. The City shall not be liable for any damages caused by any delay or failure to
perform the whole or any part of this Agreement, where such performance is
made impossible or impractical due to any cause direct or indirect, beyond the
control of the City, including but not limited to labour disruptions, strikes, lockouts,
fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and
terrorism, outbreak, pandemic, epidemic, disease or emergency.
51. The Club shall not have the right to register this Agreement or notice thereof
against title to the Premises asor any part thereof.
52. This Licence and any information or documents that are provided hereunder may
be released pursuant to the provisions of the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This
acknowledgement shall not be construed as a waiver or any right to object to the
release of this Licence or of any information or documents.
45.53. The Club covenants and agrees to advise all members, visitors, and guests of the
Club that the City is not the provider of the program and that all associated
activities are provided solely by the Club.
Notice
54. Any notice required to be given byto the City to the Club under this Licence Lease
shall be in writing and shall be delivered to the Premises or such otherfollowing
address of which the Club has notified the City in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Lease:
Pickering Civic Complex
One the Esplanade
Pickering, ON L1V 6K7
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- 38 -
13
Attention: City Clerk
46. .
55.Any notice required to be given by the Club to the City under this Lease Licence
shall be in writing and shall be delivered to The Corporation of the City of Pickering,
Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City
Clerk) or such other address of which the City has notified the Club in writing, and
any such notice delivered shall be deemed good and sufficient notice under the
terms of this Lease.the following address:
Pickering Ajax Italian Social Club
2250 Brock Road
Pickering, ON, L1X 2R2
Attention: John Conte
47.
56. Notice shall be sufficiently given if delivered in person or sent by registered mail
during normal business hours on a business day.
57. Each notice sent shall be deemed to have been received on the day it was
delivered or on the third (3rd) business day after it was mailed.
58. The parties may change their address for notice by giving notice of such new
address in witing and delivering it to the other party. to the other in the manner
provided in this Section.
59. No amendment to this Licence shall be effective unless it is in writing and signed
by both parties.
Successors and Assigns
48. This Lease shall enure to the benefit of and be binding upon the parties and their
respective successors (including any successor by reason of amalgamation or
statutory arrangement) and permitted assigns.
Schedules
60. Schedules “A” attached hereto form part of this Agreement.
49.
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- 39 -
__________________________________
14
In Witness Whereof, the parties have executed this Lease.
The Corporation of the City of Pickerii
ng
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David RyanKevin Ashe, Mayor
- 40 -
__________________________________
__________________________________
________________________________
15
Susan Cassel, City Clerk
Pickering Ajax Italian Social Club
Insert NameGiovanni Conte,
TitlePresident
I have the authority to bind the Club.
Insert NameFilomena Tomei, TitleTreasurer
I have the authority to bind the Club.
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BR
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CENTENNIAL PARK
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PARK INFO.
BOCCE
COURTS
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WASHROOM
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ENLARGEMENT)
PARKING
LOT
WASHROOM BUILDING
KITCHENETTE
TOILETS TOILETS
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SHELTER
BASEBALL DIAMOND
PLAYGROUND
STORAGE
SCHEDULE "A"
TOILETS TOILETS
WASHROOM BUILDING
KITCHENETTE
STORAGE
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WASHROOM BUILDING
TOILETS TOILETS
WASHROOM BUILDING
KITCHENETTE
STORAGE
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- 42 -
Report to
Council
Report Number: ENG 13-26
Date: July 23, 2026
From: Richard Holborn
Director, Engineering Services
Subject:
Engineering Consulting Services for Detailed Design of Michell Bridge Replacement Project
File: A-1440
Recommendation:
1. That Report ENG 13-26 regarding the Detailed Design of Michell Bridge Replacement
Project be received;
2. That the proposal submitted by Keystone Bridge Management Inc. in response to Request
for Proposal No. RFP 2026-7 Consulting Services for Michell Bridge Replacement, in the
amount of $220,615.55 (HST included) or $198,671.14 (net HST) be accepted;
3. That the total gross project cost of $276,578.00 (HST included), including the proposal fee
amount, a contingency, and other associated costs, and the total net project cost of
$249,067.00 (net of HST) be approved;
4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of
$249,067.00 (net HST) by a transfer from the OCIF Fund as approved in the 2025 Capital
Budget;
5. That the Director, Engineering Services be authorized to enter into and execute the Form of
Agreement with the above-mentioned consultant pursuant to Request for Proposal No.
RFP 2026-7; and,
6. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1.0 Executive Summary:
The purpose of this report is to obtain Council’s authorization to retain Keystone Bridge
Management Inc. to complete the detailed design and prepare the tender documentation
needed to replace the Michell Bridge (Bridge ID #7001) over Reesor Creek on Seventh
Concession Road.
- 43 -
ENG 13-26 July 23, 2026
Page 2
In 2024, the City of Pickering hired the consulting firm of Keystone Bridge Management Corp.
to conduct the biennial bridge and large culverts inspections including Michell Bridge. The
inspection concluded that the bridge is beyond repair and should be replaced soon.
The City also retained AECOM in 2023 to conduct a detailed structural evaluation and
condition survey of Michell Bridge to explore alternatives for both replacement and
rehabilitation. Based on the structural evaluation, and the guidelines set forth in the MTO
Structural Manual (2021) and Ontario Ministry of Transportation (MTO) Structural
Rehabilitation Manual (2007), AECOM recommended that the bridge be replaced with a new
structure. A load limit of 25 tonne was proposed for the bridge, and a load limit by-law was
passed in 2025.
Request for Proposals No. RFP2026-7 was posted on the City’s bids&tenders portal on May 4,
2026, and closed on June 4, 2026, for a competitive bidding process to select a qualified
consultant to complete the detailed design and prepare the tender documents required to
replace the Michell Bridge. The Evaluation Committee reviewed and evaluated four (4)
proposals received using the criteria outlined in the bid document. The top ranked proposal
submitted by Keystone Bridge Management Inc. in the amount of $220,615.55 (HST included)
or $198,671.14 (net HST) is recommended for approval. It is also recommended that the total
gross project cost of $276,578.00 (HST included) which includes the proposal fee amount, a
contingency and other associated costs, and the total net project cost of $249,067.00 (net
HST) be approved.
2.0 Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priorities of
Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced
Community, and Lead & Advocate for Environmental Stewardship, Innovation & Resiliency.
3.0 Financial Implications:
1. RFP Amount
RFP2026-7 $120,040.00
Provisional Item - MCEA Schedule B
HST (13%)
75,195.00
25,380.55
Total Gross RFP Amount $220,615.55
HST Rebate (11.24%) (21,944.41)
Total Net RFP Amount $198,671.14
- 44 -
ENG 13-26 July 23, 2026
Page 3
2. Estimated Project Cost Summary
RFP 2026-7 $120,040.00
Provisional Item MCEA Schedule B Fee 75,195.00
Contingency (10%) 19,524.00
Toronto and Region Conservation Authority Permit Approval and
Review Cost
30,000.00
Sub Total – Costs $244,759.00
HST (13%) 31,818.67
Total Gross Project Cost $276,577.67
HST Rebate (11.24%) (27,510.91)
Total Net Project Cost $249,066.76
3. Approved Source of Funds
Approved Capital
Account
Source of Funds Approved Budget Funds Required
C10570.1804
OCIF Grant $400,000.00 $249,067.00
RF – Roads and
Bridges Debt
Financing – 20 years
$312,374.24
$850,000.00
0.00
0.00
$1,562,374.24 $249,067.00
Net Project Cost Under (Over) Approved Funds $1,313,307.24
Note: The proposal includes a provisional item in the amount of $75,195.00 (HST excluded)
should a Municipal Class Environmental Assessment Schedule B be deemed required to
complete the design of the bridge replacement. The OCIF grant will fund the current
expenditure of $249,066.76.
4.0 Discussion:
The purpose of this report is to obtain Council’s authorization to hire Keystone Bridge
Management Inc. to complete the detailed design and prepare the tender documentation
- 45 -
ENG 13-26 July 23, 2026
Page 4
needed to replace the Michell Bridge (Bridge ID #7001) over Reesor Creek on Seventh
Concession Road.
The City conducts biennial bridge and large culvert inspections to determine the maintenance
and capital needs of the City’s bridge and large culvert assets with a span of 3m or more. This
work generally involves a qualified engineering consulting company providing detailed visual
inspection of each structure and individual inspection reports for each structure. In 2024, the
engineering consulting company Keystone Bridge Management Corp. completed the full bridge
inspection service for 29 bridges and 26 large culverts in the City.
The Municipal Bridge and Culvert Inspection Report completed by Keystone identified Michell
Bridge as a priority bridge in need of immediate replacement. Their report indicates that the
condition of railings, surcharge on the deck, and the exterior condition is driving the need for
the replacement. Michell Bridge is located on Seventh Concession Road crossing over Reesor
Creek and is approximately 70 years old. In October 2025, the bridge was damaged as the
result of a motor vehicle collision and the south railing was detached. A temporary barrier has
been installed for safety reasons.
In 2023, the City retained AECOM to conduct a structural evaluation and detailed condition
survey of the existing Michell Bridge over Reesor Creek to explore alternatives for both
replacement and rehabilitation. Following a comprehensive life cycle cost analysis of all
feasible options, AECOM recommended, based on structural evaluations, and the guidelines
set forth in the MTO Structural Manual (2021) and Ontario Ministry of Transportation (MTO)
Structural Rehabilitation Manual (2007), that the bridge be replaced with a new structure. The
existing bridge has reached the end of its service life, and further rehabilitation to extend its
use is not a financially or structurally viable option in alignment with the Keystone
recommendations. A load limit of 25 tonne was proposed for the bridge, and a load limit by-law
was passed in 2025.
Request for Proposal RFP2026-7 for Consulting Services for the replacement of Michell Bridge
was posted on the City’s bids&tenders portal on May 4, 2026 and closed on June 4, 2026, and
the City received submission from four consulting firms. The proposals were evaluated by the
Evaluation Committee consisting of two staff members from the Traffic and Transportation
section of the Engineering Services Department and one staff member from the City
Infrastructure Department. The proposals were evaluated based on the consultant’s
qualification and experience working on similar projects, their understanding of the objectives
and requirements of the project, proposed workplan to deliver the project in a timely manner,
and proposed price. The top ranked proposal was submitted by Keystone Bridge Management
Inc.
The top ranked proposal submitted by Keystone Bridge Management Inc. in the amount of
$220,615.55 (HST included) or $198,671.14 (net HST) is recommended for approval. It is also
- 46 -
ENG 13-26 July 23, 2026
Page 5
recommended that the total gross project cost of $276,578.00 (HST included) which includes
the proposal fee amount, a contingency and other associated costs, and the total net project
cost of $249,067.00 (net HST) be approved.
Attachment:
1. Location Map
Prepared By: Ridhita Ghose, P.Eng., Transportation Engineer
Nadeem Zahoor, M.Eng. P.Eng., Manager, Transportation and
Traffic
Approved/Endorsed By: Cathy Bazinet, Manager, Procurement and Finance
Stan Karwowski, Director, Finance & Treasurer
Approved/Endorsed By: Richard Holborn, P.Eng., Director, Engineering Services
NZ:nz
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
Chief Administrative Officer
- 47 -
Atttachment 1 - Report ENG 13-26
- 48 -
The Corporation of the City of Pickering
By-law No. 8282/26
Being a by-law to provide for coverage, including
indemnification, reimbursement and legal defence,
for eligible members of Council and employees in
respect of certain proceedings arising from the
performance of their duties.
Whereas subsection 279(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a
municipality may, subject to certain limitations, act as an insurer and protect present and
former members of council, board members, employees and officers from risks that may
involve pecuniary loss or liability on the part of those individuals;
And whereas section 14 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50
(“MCIA”) provides that a municipality may indemnify members of a municipal council for
costs or expenses incurred to defend a proceeding brought under the MCIA provided that a
member of Council is found not to have contravened the MCIA;
And whereas Council considers it desirable to establish a fair and controlled process for
considering requests for coverage where employees are exposed to adverse conduct
directly related to the performance of their City duties;
Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Short Title
1.1 This by-law may be cited as the “Indemnification By-law”.
2. Interpretation
2.1 In this by-law,
“Application” means a written request for Coverage;
“Approver” means the person or body responsible under this by-law for
approving, refusing, continuing, limiting, varying or terminating Coverage;
“Adverse Conduct” means conduct that causes, or is reasonably likely to cause,
a material adverse effect on an Employee and that is directly related to the
Employee’s status or actions as an Employee;
- 49 -
By-law No. 8282/26 Page 2
“Chief Administrative Officer” means the Chief Administrative Officer of The
Corporation of the City of Pickering, or their designate;
“Coverage Agreement” means an agreement entered into as a condition of
receiving or continuing Coverage;
“City” means The Corporation of the City of Pickering;
“City Clerk” means the City Clerk of The Corporation of the City of Pickering, or
their designate;
“City Solicitor” means the City Solicitor of The Corporation of the City of
Pickering, or their designate;
“Council” means the Council of The Corporation of the City of Pickering;
“Coverage” includes indemnification, reimbursement, funding, advancement of
costs, and any other assistance provided under this by-law;
“Covered Person” means an Eligible Person whose Application for Coverage
has been approved under this by-law;
“Eligible Person” means an Employee or Member;
“Employee” means an employee hired by the City on permanent basis who has
completed their probationary period and includes an individual who was an
Employee at the time that the cause of action or proceeding arose, but who,
before the judgment or other settlement of the proceeding, has ceased to be an
Employee;
“Integrity Commissioner” means any person or corporation appointed by The
Corporation of the City of Pickering to perform the function assigned by section
223.3 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended;
“Legal Steps” means steps taken to prevent, respond to, resolve, commence,
continue, defend or settle a Proceeding or proposed Proceeding, including legal
advice, correspondence, negotiation, mediation and other dispute resolution
steps;
“Mayor” means the head of Council and includes a Member acting as head of
Council;
“Member” means a member of Council and an individual who was a Member at
the time that the cause of action or proceeding arose, but who, before the
- 50 -
By-law No. 8282/26 Page 3
judgment or other settlement of the proceeding, has ceased to be a Member;
and
“Proceeding” means any judicial, administrative, arbitral or regulatory claim,
complaint, investigation or proceeding, and includes a proposed proceeding.
2.2 For the purposes of this by-law, the Approver is:
(a) the Integrity Commissioner for a Member;
(b) the Chief Administrative Officer for an Employee;
(c) the Mayor for the Chief Administrative Officer; and
(d) Council, where this by-law provides that Council acts in place of the
Mayor or another Approver.
2.3 If the City Solicitor seeks or has received Coverage under this by-law, any
references to “City Solicitor” after and including section 7 of this by-law shall be
replaced with “Chief Administrative Officer, in consultation with external legal
counsel”.
2.4 If the Mayor has delegated their powers with respect to the Chief Administrative
Officer pursuant to s. 284.13 of the Municipal Act, 2001, S.O. 2001, c. 25, any
references to “Mayor” within this by-law shall be replaced with “Council”.
2.5 If an Approver is unable to act because of a conflict of interest, reasonable
apprehension of bias or other inability, Council shall act as Approver unless this
by-law provides another replacement Approver.
3. Coverage – General
3.1 Subject to this by-law, the City may provide Coverage to an Eligible Person in
respect of a Proceeding commenced after the passing of this by-law that arises
out of alleged acts or omissions while acting in their capacity as an Employee or
Member, if the Eligible Person was acting in the performance of their duties and
acted honestly and in good faith, including acting in the performance of any
statutory duty imposed by any general or special Act of the Legislature.
4. Coverage – Adverse Conduct
4.1 An Employee who reasonably believes that another person has engaged in
Adverse Conduct may apply for Coverage for reasonable Legal Steps to
address that conduct. Those steps may include the commencement or
- 51 -
By-law No. 8282/26 Page 4
continuation of a Proceeding, if the Approver is satisfied the proposed Legal
Step or Legal Steps are reasonable, proportionate and in the public interest.
4.2 For the purposes of section 4.1, the Approver shall determine whether Legal
Steps are in the public interest, having regard to whether the proposed Legal
Step or Legal Steps are reasonable and proportionate and to any relevant
factor, including one or more of the following:
(a) the need to address an adverse effect on the Employee’s employment,
office or appointment, including future employment, office or appointment;
(b) the need to restore or preserve the integrity of the City;
(c) the likelihood that the proposed response will achieve the objectives set
out in paragraphs (a) and (b);
(d) the need to deter Adverse Conduct against Employees;
(e) whether the conduct also gives rise to a complaint, request for inquiry or
investigation under the Council Code of Conduct, and whether Coverage
should be deferred pending that process having regard to urgency,
prejudice to the Employee or another public-interest reason; and
(f) any other factor relevant to the public interest.
4.3 For the purposes of section 4.1, a Legal Step or a Proceeding is not in the public
interest if, in the Approver’s opinion, the Legal Step or Proceeding is frivolous,
vexatious, in bad faith, or otherwise constitutes an abuse of process.
5. Exclusions
5.1 Despite any other provision of this by-law, the City shall not provide Coverage in
respect of Legal Steps or a Proceeding:
(a) under the Criminal Code (Canada) or any other Act of Parliament in
respect of an alleged offence for which imprisonment may be imposed;
(b) under the Highway Traffic Act;
(c) under the Municipal Elections Act, 1996;
(d) in respect of an alleged contravention of a municipal parking by-law or
traffic by-law;
(e) relating to a grievance under a collective agreement, or to discipline,
termination or other action taken by the City with respect to an Employee;
- 52 -
By-law No. 8282/26 Page 5
(f) under the Council Code of Conduct, if the Member has been found by the
Integrity Commissioner to have contravened the Council Code of
Conduct;
(g) under the Employee Code of Conduct, if the Employee has been found
by the Chief Administrative Officer to have contravened the Employee
Code of Conduct;
(h) where the Employee has been terminated because of the acts or
omissions that gave rise to the Legal Steps or Proceeding;
(i) prosecuted by or on behalf of the City against an Eligible Person, or in
which the City is the complainant, claimant or plaintiff;
(j) a third-party claim or crossclaim brought against an Eligible Person for
relief over against the Eligible Person in a Proceeding commenced by the
City;
(k) which Council deems to constitute a wanton or malicious, or fraudulent
wrongful conduct; or
(l) arising from acts or omissions of an Eligible Person who was acting in
bad faith, with malice, for an improper purpose or on their own behalf and
not in their capacity as an Employee or Member.
6. Process
6.1 Where an Eligible Person becomes aware of circumstances that may give rise to
Legal Steps or a Proceeding, in respect of which the Eligible Person may seek
Coverage and regardless of whether the Covered Person is a named party, the
Eligible Person shall forthwith give confidential written notice as follows:
(a) a Member, including the Mayor, shall give notice to the Integrity
Commissioner through the City Clerk;
(b) an Employee shall give notice to the Chief Administrative Officer; and
(c) the Chief Administrative Officer shall give notice to the Mayor, unless the
Mayor is unable to act because of a conflict of interest or other inability, in
which case Council shall act in the Mayor’s place.
6.2 An Eligible Person who seeks Coverage shall submit an Application for
Coverage, together with any notice of claim, application, complaint, pleading or
other documents relating to the Legal Steps or Proceeding, as follows:
- 53 -
By-law No. 8282/26 Page 6
(a) a Member, including the Mayor, shall apply to the Integrity Commissioner
through the City Clerk;
(b) an Employee shall apply to the Chief Administrative Officer; and
(c) the Chief Administrative Officer shall apply to the Mayor, unless the
Mayor is unable to act because of a conflict of interest or other inability, in
which case the Chief Administrative Officer shall apply to Council.
6.3 The Approver shall, in their sole discretion and having regard to any applicable
factors under this by-law, decide whether to approve the Application.
6.4 Before the Approver makes a decision under section 6.3, the City Solicitor shall
provide the Approver with a written legal opinion and the Approver shall have
regard to that opinion. If the City Solicitor is seeking Coverage, the Chief
Administrative Officer shall retain external legal counsel to provide the written
legal opinion to the Approver.
6.5 The Approver shall give the Eligible Person a written decision within 20 business
days after receiving the Application. The decision is final, subject to section 6.6.
6.6 Despite section 6.5, if an Application is not approved, the Eligible Person may
submit a new Application under section 6.2 if new material facts become
available.
6.7 An Eligible Person becomes a Covered Person only when the Application has
been approved under this by-law.
7. Manner and Extent of Coverage
7.1 Where Coverage has been approved under this by-law, the City may, subject to
the terms of the approval:
(a) retain legal counsel to represent the Covered Person, or reimburse or
advance reasonable legal fees incurred by the Covered Person;
(b) approve the settlement of any Proceeding;
(c) pay, reimburse or advance reasonable costs, damages, amounts payable
under a settlement and other amounts approved as Coverage; and
(d) pay costs incurred in connection with the settlement of a Proceeding, if
the City Solicitor approves the terms of the settlement.
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7.2 The Approver may approve Coverage subject to terms and conditions, including
setting a maximum amount of Coverage as informed by a written legal opinion
provided by the City Solicitor or, in the case of an Application by the City
Solicitor, the legal opinion provided by external legal counsel.
7.3 The City may require a Covered Person to enter into a Coverage Agreement.
The Coverage Agreement may address repayment, assignment of recoveries,
co-operation, reporting, approval of legal counsel, budgets, invoices, settlement
authority and any other term reasonably required to administer Coverage under
this by-law.
7.4 The City Solicitor may recommend, and the Approver may approve, a limit on
the amount of Coverage provided to a Covered Person in respect of one or
more Proceedings or Legal Steps.
8. Approval of Legal Counsel
8.1 The City may select and retain legal counsel to represent a Covered Person in
respect of Legal Steps or a Proceeding.
8.2 A Covered Person may apply for approval of their choice of legal counsel by
submitting the name and address of the legal counsel to the Approver. If, within
ten days from the receipt of the request or, where the Approver is Council,
following the next Council meeting, the Approver has not approved or rejected
the Covered Person’s choice and selected or retained other legal counsel and
advised the Covered Person thereof, the Covered Person may retain their own
legal counsel.
8.3 The City shall not be required to pay for the services of the Covered Person’s
legal counsel at a rate greater than the rates the City pays for legal counsel on
insurable claims. If the Covered Person’s legal counsel charges a higher rate or
fee, the Covered Person shall be responsible for the difference.
8.4 If the City selects, retains or appoints other legal counsel to act on the Covered
Person’s behalf in place of the legal counsel originally retained by the Covered
Person in accordance with section 8.2, the City shall pay all the lawyer’s
reasonable legal fees and disbursements in connection with services rendered
and work done in connection with the matter from the time that the lawyer was
retained in accordance with section 8.2, until replaced by other legal counsel.
8.5 Despite sections 8.2 and 8.3, any legal counsel selected by the City’s insurers
from time to time, to defend the City in respect of the Proceeding, will be
deemed to be selected, retained and approved by the City under sections 8.2
and 8.3, to represent the Covered Person with respect to that Proceeding, until
the City advises the Covered Person otherwise.
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8.6 The City Solicitor, acting reasonably, may require any of the following:
(a) budgets for anticipated legal costs, which may be revised from time to
time as circumstances require;
(b) status updates in respect of the progress of the Legal Steps or
Proceeding;
(c) invoices with sufficient detail to assess reasonableness;
(d) an assessment or taxation of all fees and disbursements before payment
thereof; and
(e) work plans and other documents reasonably required to administer
Coverage.
8.7 A Covered Person or their legal counsel may redact privileged or litigation-
sensitive information from documents provided under section 8.3 if the redaction
does not prevent the City from assessing the reasonableness of the Coverage
requested or provided.
9. Coverage – Reviews, Judicial Reviews and Appeals
9.1 A Covered Person who seeks Coverage for the review, judicial review or appeal
of a judgment or decision in a Proceeding shall first consult with the Approver
before commencing the review, judicial review or appeal.
9.2 The Approver shall have sole discretion to determine whether Coverage will be
provided for the review, judicial review or appeal.
9.3 In exercising that discretion, the Approver may consider any relevant factor,
including:
(a) the likelihood that the review, judicial review or appeal will succeed;
(b) the significance of the legal issues raised by the review, judicial review or
appeal;
(c) the financial consequences of the judgment or decision;
(d) the public interest;
(e) the cost of the review, judicial review or appeal relative to the anticipated
benefit; and
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(f) any written legal opinion provided by the City Solicitor or external legal
counsel.
9.4 The Approver shall provide written reasons for any decision made under this
section. The decision shall be final and shall not be subject to further review or
appeal.
9.5 If Coverage for a review, judicial review or appeal is not approved and the
Covered Person elects to proceed with the review, judicial review or appeal, all
costs of the review, judicial review or appeal, including any award of costs, shall
be at the Covered Person’s own expense.
10. Duty to Co-operate
10.1 A Covered Person shall co-operate fully with the City in the management of any
Legal Steps or Proceeding.
10.2 A Covered Person shall co-operate fully with any legal counsel retained by the
City in respect of Legal Steps or a Proceeding and shall make available to that
counsel all information and documents relevant to the matter that are within the
Covered Person’s knowledge, possession or control, and shall attend all
meetings, examinations, hearings, proceedings or other steps when requested
to do so by that counsel.
11. Failure to Comply
11.1 If a Covered Person fails or refuses to comply with the provisions of this by-law,
or the terms of a Coverage Agreement, the Approver may terminate Coverage.
Before making a decision on whether to terminate Coverage, the Covered
Person shall be provided with the opportunity to make submissions to the
Approver in support of their continued Coverage. The Approver’s decision is
final and shall not be subject to further review or appeal.
12. Reimbursement
12.1 The amount of Coverage payable to a Covered Person shall be reduced by the
amount of any costs or other amounts recovered by the Covered Person in
respect of the Legal Steps or Proceeding. If Coverage has been paid, any costs
or other amounts recovered by the Covered Person in respect of the Legal
Steps or Proceeding shall be paid to the City up to the amount of Coverage paid
by the City.
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13. Severability
13.1 If any section or part of a section of this by-law is found by any court to be illegal
or beyond the power of Council to enact, that section or part shall be deemed to
be severable and all other sections and parts of sections of this by-law shall be
deemed to be separate and independent and shall continue in full force and
effect.
14. Effective Date
14.1 This by-law shall come into full force and effect upon the final passing thereof.
15. Transition
15.1 By-law No. 5038/97 is hereby repealed.
By-law passed this 23rd day of July, 2026.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
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