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HomeMy WebLinkAboutJune 5, 2017 Executive Committee Agenda Monday, June 5, 2017 Council Chambers 2:00 pm Chair: Councillor Brenner For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -Cd;;nTl--Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers -2:00 pm · Chair: Councillor Brenner P1CKER1NG (I) Disclosure of Interest Pages (II) Delegations (Ill) Matters for Consideration 1. 2. Director, Corporate Services & City Solicitor, Report BYL 01-17 Discharge of Firearms By-law -Council Resolution No. 215/16 Recommendation 1-5 1. That the City of Pickering amend the Discharge of Firearms By-law 247/75 by replacing the existing Schedule "A" map with the Schedule "A" map attached to this report. (Attachment No. 2) 2. That the Director, Corporate Services and City Solicitor and the Director of City Development be directed to review the Schedule "A" map on a bi- annual basis and to make recommendations regarding expansions of the prohibited area as are appropriate to adjust for ongoing residential development. 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 04-17 £?everley Morgan Community Park -Licence Renewal Agreement Recommendation 6-19 1. That the Mayor and City Clerk be authorized to execute a licence renewal agreement with the Minister of Infrastructure-Hydro One Networks Inc. for a further five year term, commencing August 1, 2017 and ending on July 31, 2022, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 I robe rts@picke ring. ca -C~oJ­ PJCKERJNG Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers-2:00 pm Chair: Councillor Brenner 3. . 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 06-17 Tender for Pickering Recreation Complex Roof Repairs -Tender No. T~7~2017 Recommendation 20-32 1. That Tender No. T-7-2017 for the Pickering Recreation Complex Roof Repairs Central Core -Roof Restoration and Partial Replacement project and Pickering Recreation Complex Pool Roof Replacement proje.ct be combined as "Pickering Recreation Complex Roof Repairs" project; 2. That Tender No. T-7-2017 submitted by T. Hamilton & Son Roofing Inc. in the amount of $563,870.00 (HST included) be accepted; 3. That the total gross project cost of $620,370.00 (HST included), including the amount of the tender, and contingency, and the total net project cost of $558,662.00 (net of HST rebate), be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the · net project cost of $558,662.00 as follows: a) the financing source and term for the Pickering Recreation Complex Central Core -Roof Restoration and Partial Replacement project be changed to external .debt and for 15 years; b) the sum of $550,000.00 as provided for in the 2017 Facilities Capital Budget, and as amended in 4a) be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years; c) the sum of $8,662.00 to be funded from property taxes; d) the annual repayment charges in the amount of approximately $48,600.00 be included in the annual Current Budget for the City of Pickering commencing 2017, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid, and any financing cost to be paid out of the Current Budget; -C£;oJ-- PJCKERJNG Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers -2:00 pm Chair: Councillor Brenner 7. 8. 1. That the Mayor and the City Clerk be authorized to execute a Concession Licence Agreement set out in Attachment 1 to which Centro Food Services will be permitted to operate the concession facility at Pickering Recreation Complex Arena from September 1, 2017 to April 30, 2020 with two optional 8 month term extensions, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor. · 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 19-17 Quotation No. Q-18-2017 -Quotation for Operation of the Don Beer Pro Shop Recommendation 65-76 1. That the Mayor and Clerk be authorized to execute the Don Beer Arena Pro Shop Licence Agreement set out in Attachment 1 to which XPRT Marketing & Promotions will be permitted to operate the Don Beer Arena Pro Shop for a 3 year term beginning September 1, 2017 and ending April 30, 2020, with two optional 8 month term extensions, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor. 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 20-17 Don Beer Arena Snack Bar Concession -Licence Agreement Renewal Recommendation 77-87 1. That the Mayor and the City Clerk be authorized to execute a renewal Concession Licence Agreement set out in Attachment 1 that permits the Pickering Hockey Association to continue to operate the snack bar concession facility at Don Beer Arena from September 1, 2017 to April 30, 2020, with the option for a mutually agreed extension of two 8 month terms, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, -Cdgod- PJ(KERJNG Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers -2:00 pm Chair: Councillor Brenner b) The sum of $337,500.00 as approved in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; c). The additional sum of $37,500.00 to be funded by a transfer from the Accelerated Infrastructure Program Reserve (AlP); and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as ·indicated in this report. 11. Director, Engineering Services, Report ENG ~4~17 Amendment to Traffic & Parking By-law 6604/05 -Proposed Parking Restrictions, Wildwood Crescent Recommendation 100-105 1. That the attached draft by-law be enacted to amend Schedule "2", No Parking, to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of The · Corporation of the City of Pickering, specifically to address parking restrictions on the north and west sides of Wildwood Crescent near Major Oaks Park; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 12. Director, Finance & Treasurer, Report FIN 11-17 106-111 2017 Final Tax Due Date for Commercial, Industrial and Multi-Residential Realty Tax Classes Recommendation 1. That Report FIN 11-17 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to issue the final 2017 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of September 28, 2017; 3. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; -C~oJ­ PlCKERJNG Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers -2:00 pm Chair: Councillor Brenner 4. That the draft By-law attached to this report be enacted; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 13. Director, Finance & Treasurer, Report FIN 12-17 Annual Indexing and Development Charges for City-Wide and Seaton Lands Recommendation 112-117 1. That Report FIN 12-17 of the Director, Finance & Treasurer be received; 2. That effective July 1, 2017 as provided for in By-law 7324/13, the Development Charges (the "DCs") referred to in Schedule "C" of that By- law be increased by 3.9 percent; 3. That the DCs that are specific for the Seaton Lands and the additional contributions as specified in Articles 4 through 6 of the Seaton Financial Impacts Agreement dated November 26, 2015 be approved; 4. That effective July 1, 2017 the payments related to "1 0°/o Soft Services" as provided for by the Seaton Financial Impacts Agreement dated November 26, 2015 be increased by 3.9 percent; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 14. Director, Finance & Treasurer, Report FIN 13-17 118-121 Development Charges Reserve Fund-Statement of the Treasurer for the Year Ended December 31, 2016 Recommendation That Report FIN 13-17 of the Director, Finance & Treasurer respecting the Development Charges Reserve Fund be received for information. 15. Director, Finance & Treasurer, Report FIN 14-17 122-130 Investment Portfolio Activity for the Year Ended December 31, 2016 Ontario Regulation 438/97 under the Municipal Act 2001 Recommendation -CJ:;of-. - PICKERING Executive Committee Meeting Agenda Monday, June 5, 2017 Council Chambers -2:00 pm Chair: Councillor Brenner It is recommended that report FIN 14-17 of the Director, Finance & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2016 be received for information. (IV) Other Business (V) Adjournment 6 PicK~RJNG From: Subject: Marisa Carpino . Director, Community Services Beverley Morgan Community Park Licence Renewal Agreement File: A-1440 Recommendation: Report to Executive Committee Report Number: CS 04-17 Date: June 5, 2017 1. That the Mayor and City Clerk be authorized to execute a licence renewal agreement with· the Minister of Infrastructure-Hydro One Networks Inc. for a further five year term, commencing August 1, 2017 and ending on July 31, 2022, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering entered into a 25 year licence agreement with Ontario Hydro from August 1, 1992 to July 31, 2017 respecting the property located in Part of Lots 21 and 22, Concession 2, Geographic Township of Pickering (also known as Beverley Community Morgan Park). The Minister of Infrastructure-Hydro One Networks Inc. is in agreement to extend the licence agreement for a period of five years, commencing on August 1, 2017 and ending on July 31, 2022 (Attachment 1 ). Financial Implications: Under the existing agreement the City is responsible for the full cost of maintenance on the lands used for recreational purposes, and for paying 50°/o of the realty taxes or other similar charges levied against the lands. Discussion: The City of Pickering entered into the licence agreement with Ontario Hydro on August 1, 1992 respecting the property located in Part of Lots 21 and 22, Concession 2, Geographic Township of Pickering (also known as Beverley Morgan Community Park). The land is located within the hydro corridor adjacent to Pine Ridge Secondary School and contains the parking lot, three football fields and a baseball diamond within Beverly Morgan Community Park as illustrated on the location map (Attachment 2). 2 (c) "Distribution System" shall have the same meaning as defined in the Electricity Act and for the purpose of this Licence includes any part of a Distribution System located on the Lands. (d) ''Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material hann or to a building or any part thereof, or to the natural environment or material risk to human health, and includes, without any flammables, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro- chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials; petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any Environmental Laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Environmental Laws" -means any federal, provincial or local Jaw, statute, ordinance, regulation, policy, guideline or order and all amendments thereto pertaining to health, industrial hygiene, environmental conditions or Environmental Contaminants, including, without limitation, the Environmental Protection Act (Ontario), the Environmental Assessment Act (Ontario), the Ontario Water Resources Act (Ontario), the Occupational Health and Safety Act (Ontario), the Safe Drinking Water Act (Ontario), and applicable air quality guidelines, as such statutes, regulations and may be amended from time to time. (f) "Licensee" includes the successors and permitted assigns of the Licensee. (g) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Infrastructure and Lands Corporation and the successors and permitted assigns of the Licensor. (h) "Open Data" means data that is required to be released to the public pursuant to the Open Data Directive. (i) "Open Data Directive" means the Management Board of Cabinet's Open Data Directive, updated on April29, 2016, as amended from time to time. G) "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, grantee, mortgagee, holder or other person including any competent authority. (k) "Transmission System" shall have the same meaning as defined in the Electricity Act, as amended and for the purpose of this Licence includes any part of a Transmission System located on the Lands. All references to a statute or regulation includes all amendments, re-enactments or replacements ofthe statute or regulation. Grant of Licence, Term, Fee 2. The Licensor hereby grants permission to the Licensee on a non-exclusive basis, to use the Lands for recreational purposes only, for a term of five (5) years commencing on the 1st of 2017 (hereinafter referred to as the "Term"), and subject to the terms and conditions set ]out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. HONl File# 9 1 0 3 3. For the permission granted herein, the Licensee shall pay to the Licensor a fee in the sum of FIVE Canadian Dollars ($5.00) and the taxes set out in clause 4 below (the "Fee") as good and valuable consideration, which Fee the Licensor acknowledges it has received. 4. The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, 50% of all taxes, rates or grants in lieu thereof assessed or levied the Lands in each and every year during the Term or pay to the Licensor an amount equal to 50% o.f the amount of the annual taxes, rates or grants in lieu of taxes paid by the Licensor in each and every year of the Term for the Lands. 5. The Licensee shall also pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during -the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the in its sole and absolute discretion, but acting reasonably, determines represents the reasonable .allocation or assessment of such or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. 6. The Licensee shall pay all applicable taxes on any and all payments, if required by law. Use of Lands 7. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 8. (a) The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Electricity Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor or Hydro One Networks Inc., and despite to the contrary, it is agreed that the Licensor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on tenns and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. (b) For the sake of clarity, and in no way limiting anything in clause 8(a), the Licensee explicitly acknowledges and agrees that Hydro One Networks Inc. has first priority to use the Lands for the purposes of transmission anclJor distribution and that this Licence is subordinate to that prior and primary right of Hydro One Networks Inc. 9. The Licensee acknowledges that no representations or warranties have been made by the L<,,_,...,u,,v,, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Licensee acknowledge;;; that the Lands are licensed on an "as is, where is" basis and without any representation, warranty, covenant or condition as to title, description, fitness for purpose, or use, zoning physical condition, environmental condition, soil condition, quantity or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the term of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. The Licensee acknowledges and agrees that the Licensor shall not be required to undertake any work whatsoever with respect to the Lands. 10. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of the Licensor in writing and unless otherwise stipulated herein must not exceed 10% of the area of the Lands. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Licensee used for maintenance purposes shall be prohibited. HONIFile#: 4 11. The construction or reconstruction or location of all initial and future improvements, buildings and structures and the grading and planting of trees on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. Licensee's Covenants 12. The Licensee shall, except in the case of emergency, before commencing any work authorized by this Licence or intended so to be, give to the Licensor 3 Business Days prior written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Licensor and/or Hydro One Net\vorks Inc. may have its/their representatives present, for whose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 13. The Licensee shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by-laws and any other governmental or municipal by-laws, regulations and orders, that relate to the Lands, the Licence or the exercise of any of the rights or obligations in the Licence herein granted. 14. The Licensee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard the 'Safety Rules and Standards Protection Code' of Hydro One Networks Inc., The Occupational Health and Safety Act (Ontario) and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 15. (a) The Licensee shall use its continuing efforts to ensure that it shall not, except as expressly permitted by this License: (i) use or permit to be used any part of the Lands for any dangerous, noxious or offensive activity; and (ii) do or bring anything or permit anything to be done or brought on or about the Lands which the Licensor may reasonably deem to be hazardous or a nuisance to any other Licensee on the Lands, if applicable, or any other persons pennitted to be on the Lands. (b) The Licensee shall not store, bring in or permit the presence of any Environmental Contaminant in or on the Lands except if such is required for the Licensee's use of the Lands as permitted by this License, and then only if the Licensee is in strict compliance with all laws and requirements of all relevant Authorities, including, without limitation, Environmental Laws, occupational health and safety laws, regulations, requirements, permits and by-laws. (c) If the Licensee shall bring or create upon the Lands, any Environmental Contaminant contrary to the tenns of this Agreement, then such Environmental Contaminant shall be and remain the sole property of the Licensee and the Licensee shall remoye same, at its sole cost and expense as soon as directed to do so by any Authority, or if required to effect compliance with any Environmental Laws, or if required by the Licensor and/or Hydro One Net\vorks Inc. If any such Environmental Contaminant is not removed forthwith by the Licensee, the Licensor shall·be entitled, but not required, to remove the same on the Licensee's behalf, and the Licensee shall reimburse the Licensor for the cost and expense thereof. (d) In addition to and without restricting any other obligations or covenants herein, the Licensee covenants that it will: (i) (ii) comply in all respects with all Environmental Laws relating to the Lands or the use thereof; promptly notifY the Licensor in writing of any notice by any Authority alleging a possible violation of or with respect to any other matter ,,...""1"',..."' any Environmental Laws relating to the Lands, or relating to any person on or about the Lands for whom the Licensee is in law responsible, or any notice from any other party concerning any release or alleged release of any Environmental Contaminant from the Lands; HONIFile #: 1 1 1 2 5 (iii) promptly notify the Licensor of the existence of any Environmental Contaminant on the Lands to the extent released, deposited, placed or used upon the Lands by the Licensee or any person for whom the Licensee is responsible in law; and (iv) provide the Licensor and Hydro One Networks Inc. with copies of all environmental studies and reports that it possesses or enters into respecting the Lands. 16. In addition to and without restricting any other obligations or covenants contained herein, the Licensee shall indemnify and hold the Licensor and Hydro One Networks Inc. harmless at all times from and against any and all losses, damages, penalties, fines, costs, fees and expenses (including legal fees on a solicitor and client basis and consultants' fees and expenses) resulting from: (a) any breach of or non-compliance with the foregoing environmental covenants of the Licensee; and (b) any legal or administrative action commenced by, or claim made or notice from, any third party, including, without limitation, any Authority, to or against the Licensor and/or Hydro One Networks Inc., arising from the introduction of Environmental Contaminants onto, or the release ofEnvironmental Contaminants the Lands by the Licensee or those for whom it is responsible in law, including any and all costs associated with air quality issues. 17. The Licensee shall not in any way use or trespass on any lands adjoining the Lands. 18. The Licensee shall not pile snow on the Lands or on any of the Lands adjoining the Lands which would result in piles exceeding two metres (6.5 ft.) in height or being closer than eight metres (26.2 ft.) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 19. The Licensee, at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by-law. 20. The Licensee shall prohibit kite flying and model airplane flying and any other activities which in the opinion of the Licensor or Hydro One Networks Inc. inte1fere with the safe and efficient operation of its works or Hydro One Networks Inc.'s Transmission System or Distribution System or be offensive, annoying or dangerous and at its expense shall post signs in suitable locations on the Lands stating that kite flying and model airplane flying and other activities are prohibited. 21. The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a good and substantial state of repair and in a neat and tidy condition to the Lessor. In the event the Licensor and/or Hydro One Networks Inc., in its or their absolute discretion, consider it necessary that anti-climbing devices must be installed on its. or their equipment, facilities or structures, this work shall be carried out by Hydro One Networks Inc. or its contractor(s), at the Licensee's expense and the Licensee shall pay to the Licensor forthwith upon demand all costs ofthe Licensor in installing any such fences or ban·iers. 22. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, prope11y apd Permittees shall not in any way interfere with, obstruct, delay or cause any or inefficiencies to any works of the Licensor or of the Licensor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, ·or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. HONI File#: 6 23. In the event the Licensor considers it necessary that fences or barriers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 24. Upon termination of this Licence, the Licensee, at its own expense, shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfi1ct1::>ry to the unless notified in writing by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without costs. 25. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay .such arrears, failing which the Licensor may terminate this Licence without any further notice. 26. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any or remedies that the Licensor may have hereunder or at law. 27. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment of any amount due hereunder, the Licensor may provide written notice to the Licensee the and if the failure is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may terminate this Licence immediately upon the expiration ofthe ten-day period aforesaid without any further notice. 28. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third parties, the Licensor may perform any such work, repairs, or other obligations of Licensee or make any payments due or claimed to be due by the Licensee to third and without in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's rights pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter or Terminate 29. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. reasonably, the Licensor may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. 30. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to its authority may at any time upon twenty-four hours' prior written notice to the Licensee or at any time without notice in case of emergency enter on the Lands and inspect, operate maintain, re-arrange, add to, upgrade, reconstruct, replace, relocate and remove any of the Licensor's works or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, HONI File#: 13 14 7 re-arrange, relocate and remove such new works or equipment or new Transmission System or Distribution System as the Licensor or Hydro One Networks Inc. determines necessary or desirable and the Licensor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical to the Lands. 31. Despite anything to the contrary in this Licence and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or in part, as the case may be, if (a) the Licensor considers all or any portion(s) of the Lands to be necessary or desirable from time to time for the works of the Licensor or the Licensor's Pennittees or the Transmission System or Distribution System of Hydro One Networks Inc.; or (b) the Licensee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Electricity Act, all without any claim by or compensation for the Licensee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Licence Fee payable hereunder. 32. If the Licensor delivers notice of termination pursuant to this Licence, then all or such portion of the Lands suitable for existing or contemplated works of the Licensor or the Licensor's Permittees or for the existing or contemplated Transmission System or Distribution System of Hydro One Networks Inc. shall be deemed deleted from this Licence effective on the date set out in such notice (the "Effective Date") and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Lands or such specific area(s) on or before the Effective Date in the manner set out in clause 31 herein. Without prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the Licensee's use of the Lands for recreational purposes. 3 3. The Licensor reserves the right to terminate this Licence in its if the in its sole discretion, determines that the Lands are no longer required for the Licensor's purposes or if the Lands or any part thereof are required by any authority. The Licensor shall provide the Licensee with six (6) months notice in writing and the Licensor shall not be obligated to pay the Licensee any compensation therefore subject to an adjustment in the annual Licence Fee payable hereunder. Indemnity and Release 34. (a) All persons and property at any time on the Lands shall be at the sole risk of the Licensee, and neither the Licensor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, loss of life, to them or it however occmTing and the Licensee releases both the Licensor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. (b) The Licensee shall assume all liability and obligation for any and all loss, '-'CU.HU."'-'-'· or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Lands by the Licensee or members of the public and the Licensee shall at all times indemnify and save harmless the Licensor and its successors, administrators, permitted directors, officers, employees, agents, servants, representatives, appointees and all others the Licensor is responsible for in law and Hydro One Networks Inc. and its affiliates and their respective successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, HONI File#: 8 damages, expenses, claims or demands arising therefrom or connected therewith. The Licensee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury to the extent that it arises from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and One Networks Inc. as provided in subsection 34(b) of this Licence. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure, and OILC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability and (c) that it is primary coverage and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such · policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Term or any extension thereof. 35. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns, hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc. and each oftheir respective successors and assigns, from any and all actions, causes of action, claims and demands for loss or injury, howsoever which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; (b) agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (c) agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. Assignment 36. The Licensee may permit members of the public to use the Lands for the purposes set out in accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any pm't of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor, acting reasonably. General 37. The Licencee acknowledges that this Agreement and any information or documents that are provided to the Licensor may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act (Ontario) or Municipal Freedom of lriformation and Protection Privacy Act (Ontario) and Open Data may be released pursuant to the Open Data Directive. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 38. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any HONIFile# 15 1 6 9 time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 39. The Licensee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensor, with the Licence or the exercise of any of the rights or obligations of the Licensee hereunder. The Licensee shall disclose to the Licensor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. · For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Licensee's other commitments, relationships or financial interests (i) could or could be seen to e;xercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective perfmmance of its contractual obligations pursuant to this Licence. 40. Where this Licence requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre-paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Licensor, to it in care of 41. c/o Ontario Infrastructure and Lands Corporation Sales & Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario, MSG 2L5 Attention: Patrick Grace, Director, Corridor Lands Telephone: (416) 327-2959 Facsimile: (416) 327-3~42 and, in the case of notice to the Licensee, to it in care of: The Corporation of the City of Pickering One The Esplanade Pickering, Ontario, I) V 6K7 Attention: Legal Department Telephone: (905) 683-7575 The provisions of this Licence shall be Licensor and the Licensee. upon and enure to the benefit of the 42. No interest in the Lands is conveyed by the granting of this Licence and the Licensee shall not register the Licence or any notice in respect thereof on title without the prior written consent of the which consent may be arbitrarily withheld. 43. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontar·io and the laws of Canada applicable therein and the Parties hereto irrevocably attorn to the exclusive jurisdiction of the cowts ofthe Province of Ontario in the event of a dispute hereunder. HONI File#: 10 IN \VITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at-----------~ _day of _____ , 20_. THE CORPORATION OF THE CITY OF PICKERING Per: ___________ _ Name: Position: Name: Position: 1/We have authority to bind the Corporation. Signed by the Licensor at-----------_day of _____ , 20_. HONI File#. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by, THE MINISTER OF INFRASTRUCTURE as represented by, ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Name: Title: 1/We have authority to bind the Corporation. 17 18 11 Schedule "A" HONI File: PICKERING T 632.1-550 Tenant(s): THE CORPORATION OF THE CITY OF PICKERING Legal Description: Part ofLot(s) 21 & 22, Concession 2, Township ofPickering, City of Pickering Licensed Area: 22.3 acres · D Lands Owned by Her Majesty the. Queen in the Right of Ontario ~ Licensed Lands HONIFile#: 20 --Cd:Jof~­ PJCKERJNG Report to Executive Committee Report Number: CS 06-17 Date: June 5, 2017 From: Marisa Carpino Director, Community Services Subject: Tender for Pickering Recreation Complex Roof Repairs -Tender No. T-7-2017 -File: A-1440 Recommendation: 1. That Tender No. T-7-2017 for the Pickering Recreation Complex Roof Repairs Central Core-Roof Restoration and Partial Replacement project and Pickering Recreation Complex Pool Roof Replacement project be combined as "Pickering Recreation Complex Roof Repairs" project; 2. That Tender No. T-7 -2017 submitted by T. Hamilton & Son Roofing Inc. in the amount of $563,870.00 (HST included) be accepted; 3. That the total gross project cost of $620,370.00 (HST included), including the amount of the tender, and contingency, and the total net project cost of $558,662.00 (net of HST rebate), be approved; · 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $558,662.00 as follows: a)· the financing source and term for the Pickering Recreation Complex Central Core -Roof Restoration and Partial Replacement project be changed to external debt and for 15 years; b) the sum of $550,000.00 as provided for in the 2017 Facilities Capital Budget, and as ame.nded in 4a) be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years; c) the sum of $8,662.00 to be funded from property taxes; d) the annual repayment charges in the amount of approximately $48,600.00 be included in the annual Current Budget for the City of Pickering commencing 2017, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid, and any financing cost to be paid out of the Current Budget; Report CS 06-17 June 5, 2017 Subject: Tender for Pickering Recreation Complex Roof Repairs Page 2 e) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to'this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions ,as indicated in this report. Executive Summary: Th~ existing roofover the Pool and over the adjacent Central Core of the Pickering Recreation Complex is 27 years old and is at the end of it's useful life and must be replaced. To that end, Tender No. T-7-2017 was prepared and advertised on the City's website. The low bid submitted by T. Hamilton & Son Roofing Inc. in the amount of $563,870.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $620,370.00 and the total net project cost is estimated at $558,662.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender No. T-7-2017 HST (13°/o) Total Gross Tender Cost 2. Estimated Project Costing Summary Tender No. T-7-2017 Contingency Total Cost HST (13°/o) Total Gross Project Co,sts HST Rebate (11.24°/o) Total Net Project Costs $499,000.00 64,870.00 $563,870.00 $499,000.00 50,000.00 $549,000.00 71,370.00 $620,370.00 (61 ,708.00) $558,662.00 21 22 Report CS 06~ 17 Subject: Tender for Pickering Recreation Complex Roof Repairs 3. Approved Source of Funds -2017 Facilities Capital Budget Pickering Recreation Complex Roof Repairs June 5, 2017 Page 3 Expence Code Cost Centre Source of Funds Budget Required $0.00 Roof Restoration Central Core Internal Loan-10 $220,000.00 and Partial Years. Replacement 5731.1705.6500 Pool Roof Pool Replacement 5733.1703.6500 Debt.;.__ 15 Years (Revised as per Recommendation 4a) Debt-15 Years Property Taxes Total Funds Project Cost under (over) approved funds by 0.00 154,000.00 360,000.00 396,000.00 0.00 $580,000.00 8,662.00 $558,662.00 $21 ,338.oo 1 The current tender for the Pickering Recreation Complex Roof Repairs is for the roof over the Pool and the adjacent Central Core of the Pickering Recreation Complex. In the City 2017 Facilities Capital Budget, the work to be done are budgeted in two different cost centres and treated as two projects, meanwhile Tender No. T-7-2017 has treated the work as one project in order to realize cost savings and efficiencies of scale. For the purpose of debentures financing, these two projects, and as tendered will be treated as one project referred to as "Pickering Recreation Complex Roof Repairs". For ease of tracking expenses and revenues, both projects will also be combined as .one, and will be grouped under the Pickering Recreation Complex-Pool Roof Replacement project code (5733.1703). Discussion: Project specifications were developed based on the findings and recommendations of periodic roofing inspections and condition audits performed by Garland Canada Inc; In November 2016, core sample tests were cut into the existing roof to identify areas of the roof that needed repair or replacement to extend the life cycle of the roofing systems. It was determined that the existing roof over the pool will be removed, leaving the existing waterproofing layer to become a vapour barrier for the new roof assembly. Localized repairs of the adjacent Core roof will be completed as identified in the November 2016 testing. The new roof assembly will include a minimum 3" polyisocyanurate insulation with a %" high-density asphalt-coated fibreboard layer, SBS rubber modified bitumen membrane and one-ply high performance mineral surface. Report CS 06-17 June 5, 2017 Subject: Tender for Pickering Recreation Complex Roof Repairs Page 4 Tender No. T-7-2017 was issued on Wednesday, March 30, 2017 and closed on Wednesday, April 26, 2017 for. the Pickering Recreation Complex Roof Repairs. A ·mandatory site visit was held on Thursday, April 11, 2017 and sixteen bidders attended, of which fifteen bidders submitted a tender for this project. T. Hamilton & Son Roofing Inc .. has submitted a signed copy of the City's Health & Safety Regulation form, the current WSIB Clearance Certificate, and confirmation that staff working on the project are certified in Working at Heights training and all are acceptable to the Coordinator, Human Resources. The Certificate of Insurance is deemed acceptable to Manager, Budgets & Internal Audit. The Waste Management Plan is deemed acceptable to the Supervisor, Facilities Operations. In conjunction with the foregoing approvals, staff have reviewed the references provided and the bonding available on this project and the bid is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Community Services Department recommends the acceptance of the low bid submitted by T. Hamilton & Son Roofing Inc. for Tender No. T-7-2017 in the amount of $563,870.00 (HST included) and that the total net project cost of $558,662.00 be approved. Attachments: 1. Supply & Services Memorandum dated April 27, 2017 2. Draft By~law to authorize the Pickering Recreation Complex Roof Repairs project and· the issuance of debentures in the amount of $550,000.00 3. Location Map 23 Please include the following items in your report: 1. if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. if Items (d) through (f) are acceptable to Community Services; 4. any past work experience with low bidder T. Hamilton & Son Roofing including work location; · 5. without past work experience, if reference information is acceptable to Operations; 6. the appropriate account number(s) to which this work is to be charged; 7. the budget amount(s) assigned thereto; 8. Treasurer's confirmation of funding; 9. related departmental approvals; and 1 0. related comments specific to the project. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Enquiries can be directed to the City's website for the unofficial bid results as read out at the public tender opening or to Supply & Services. Bidders will be advised of the outcome in due course. If you !equire further information, please feel free to c~ntact me or a member of Supply & Servic~s. j\ c:~-A~ VAF/sb /,/ AttachmentS' ( 4) April 27, 2017 Tender No. T-7-2017 · Pickerina Recreation Comolex Roof Reoairs Page '!>7 I') (X) City of Pickering Record of Tenders Opened and Checked Tender Description: Pickering Recreation Complex Roof Repairs Tender No.: T-7-2017 Date: Wednesday, AprH 26, 2017 Time: Approx. 2:15pm Local Time Bid Agreement Attended Addendum #1 Bidder Name Deposit to Mandatory Acknowledged Total Tendered Amount Bond Site Visit v/o 6fo ~// l// .. $ ~cf~ f fl/r flO AMA Roofing & Yes Sheet Metal . I Applewood ~o?o / ./ $ 73J ?3~ oo Roofing & Sheet Yes Metal 1 ASEAL Roofing & /' Yes ~ $ P3~ o?o,ao Sheet Metal V" {ofo ~ I . Atlas-Apex /'to?o / /' $ b 3~ cf';l 7. ?£;;___ Roofing Services Yes Inc. Can-Sky Roofing & X Yes $ Sheet Metaline. Crawford Roofing / ~ ~ $ 0 3 ~ 1 0 Oh ,. h 0 Corp. /Ofo Yes Eileen Roofing Inc. ~o7c / Yes ~· $ 7Pt, 3~9. 6D I . Foran:s Roofing & I/ / .. // s· 713, o ;o,.oo Sheetmetal Ltd. ro(~ Yes Industrial Roofing /o / Yes ·/ $ 7Y3 &s?~~ 3/ Services Ltd. ( 0 {o r ---- Bidder Sign In Comments /2~:/~Cn;j) 30 AJrACHMENT#~Lro REPORT# (,.£ O(J;--t'.f The Corporation of the City of Pickering By-law No. Being a by-law to authorize the Pickering Recreation Complex Roof Repairs project in the City of Pickering and the issuance of debentures in the amount of $550,000.00. Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the HCity"); and, Whereas the Council of the City wishes to proceed with debenture financing for the Pickering Recreation Complex Roof Repairs project; and Whereas before authorizing the construction in respect of the Pickering Recreation Complex Roof Repairs project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and therefore, Ontario Municipal Board approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City approved report CS 06-17 on the date hereof and awarded Tender No. T-7-2017 for the Pickering Recreation Complex Roof Repairs project; BY-LAW NO Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the project referred to as "Pickering Recreation Complex Roof Repairs"; 2. That the estimated costs of the project in the amount of $558,662.00 be financed as follows: a) That the sum of $550,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed fifteen years; b) That the sum of $8,662.00 be funded from property taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2017 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid. By-law passed this 13th day of June, 2017 David Ryan, Mayor Debbie Shields, City 31 cs 07-17 Subject: Request to rename Petticoat Creek Library & Community Centre June 5, 2017 Page 2 community. To that end, City staff propose that Petticoat Creek Library & Community Centre (located at 470 Kingston Road, Pickering) be renamed to George Ashe Library & Community Centre. George Lyle Ashe has had a long standing history of serving citizens in many capacities during his lifetime that includes the following: 1. George Ashe was elected Deputy Reeve of Pickering in 1969; 2. George Ashe became Pickering's first Mayor in 1973-1977 and also served as a member of Durham Regional Council; 3. Through his strategic and innovative leadership, George Ashe led Pickering through its first term of "Town" Council; 4. George Ashe continued to serve the community when first elected to the Ontario Legislature in 1977 representing the riding of Durham West and was re-elected in 1981 and 1985. He served in many capacities, including as Parliamentary Assistant to each of the Minister of Revenue, the Minister of Government Services, and the Minister of Energy; and Chair of the Management Board; 5. George Ashe was instrumental in securing government funding for the construction of the Pickering Recreation Complex in 1983; 6. After leaving Legislative Government, George Ashe was elected as Separate School Trustee in Clarington; 7. George Ashe continued to serve the public in many capacities over the years and in 2013, George Ashe was awarded the Queen Elizabeth II Diamond Jubilee medal for community service; 8. George Ashe resided in Pickering in Ward 1 for many years; and, 9. George Ashe was a strong advocate for literacy and the community.· City staff feel that it is appropriate to permanently recognize the substantial service and commitment that George Ashe provided to the City of Pickering and its residents through the renaming of this library and community centre. As such, staff request the approval of Council to rename Petticoat Creek Library & Community Centre to George Ashe Library & Community Centre. Attachments: 1. n/a CORP0227-07/01 revised 34 38 · AITACHMENT# j_ TO REPORT# C-S .. i 1-11-" HYDRO CORRIDOR Licence of Land August, 2016 LICENCE OF LAND BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor") and- THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "Licensee") RECITALS: A. The Licensor (previously the Minister of Economic Development, Employment and Infrastructure) is the owner in fee simple of certain lands located in the City Of Pickering, in the Regional Municipality of Durham, described as Part of Lots 19 and 20, Concession Broken Front, Range 3, Geographic Township of and shown measuring 2.34 acres outlined in yellow on the sketch attached hereto as Schedule "A"(hereinafter referred to as the "Lands") B. The Licensee acknowledges that the fee simple interest in the Lands was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Act, 1998, S.O. 1998, c.l5, Sched. A, as amended (the "Electricity Act") and that pursuant to section 114.5(1) of the Electricity Act, Hydro One Networks Inc. has the right to use the Lands to operate a Transmissio~ System or Distribution System. C. Her Majesty the Queen in right of Ontario confirms that an authorized officer of Ontario Infrastructure and Lands Corporation ("OILC") has the authority to execute this Licence on behalf of Her Majesty the Queen in r!ght of Ontario, and Her Majesty the Queen in right of Ontario and OILC are and shall be bound by all the Licensor's covenants, representations and warranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Lands, together with all existing facilities of ingress and egress for the Lands, for the purpose of parking of roadworthy vehicles in conjunction with users of Don Beer Arena only (hereinafter the "Use"). IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and Licensee hereto agree as follows: Definitions: 1. As used in this Licence, the following terms shall have the following meanings: (a) "Authority'' means any governmental authority, quasi-governmental authority, agency, body or department whether federal, provincial or municipal, having jmisdiction over the or the use thereof. (b) "Business Day" means any day on which the Government of Ontario normally ·conducts business. (c) "Distribution System" shall have the same meaning as defined in the Electricity Act and for the purpose of this Licence includes any prui of a Distribution System located on the Lands. HONI File#: PICKERING T 632.1-504 Don Beer Arena Parking 2 (d) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any pa.It thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environment or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs),hydro- chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any Environmental Laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Environmental Laws" -means any federal, provincial or local law, statute, ordinance, regulation, policy, guideline or order and all amendments thereto pertaining to health, industrial hygiene, environmental conditions or Environmental Contaminants, including, without limitation, the Environmental .Protection Act, R.S.O. 1990, c. E.l9, the Environmental Assessment Act, R.S.O. (f) 1990, c. E.18, the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, the Safe Drinking Water Act, 2002, S.0.2002, c.32, and applicable air quality guidelines, as such statutes, regulations and guidelines may be amended from time to time. "Licensee" includes the successors and permitted of the Licensee. (g) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Infrastructure and Lands Corporation and the successors and permitted of the Licensor. (h) "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, mortgagee, grantee, security holder or other person including ·any competent authority. (i) "Transmission System" shall have the same mea.I1ing as defined in the Electricity Act and for the purpose of this Licence includes any part of a Transmission System located on the Lands. 2. The Licensor hereby grants permission to the Licensee, on a non-exclusive basis, to use the Lands together with all facilities of ingress and egress for the purpose of the Use for a term of five (5) years commencing on the 1st day of March, 2017 (the "Term"), and subject to the tenns and conditions set out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. 3. For the permission granted herein, the Licensee shall pay to the Licensor a Licence Fee in the sum of Thirty-six thousand eight hundred and fifty-five dollars ($36,855.00), plus all applicable taxes, payable annually in advance on the first day of March every year during the first five (5) yea.I· period of the said Term. 4. (a) The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the term of this Licence or any extension thereof, an amount equal to Seventy-Five percent (75%) of the amount which the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of annual realty taxes or grants and/or payments in lieu thereof applicable to the Lands as owned the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. HONI File#: PICKERING T 632.1-504 Don Beer Arena Parking 39 40 3 (b) The Licensee shall also pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein and attributable to the Use. 5. The Licensee agrees that at the Licensor's option, the method of payment for the Licence Fee shall be by Pre-Authorized Debit Payment directly to the Licensor's bank account as specified from time to time, and further the Licensee shall provide, in addition to this agreement, a duly executed Payor's Authorization for Pre-Authorized Debit form containing all required information to initiate this method of payment for the Term of this Licence and any renewals thereof 6. The Licensee shall pay all applicable taxes on any and all payments, if required by law. 7. If the Licensee overholds after the expiration of the Term of this Licence and the Licensor thereafter accepts the Licence Fee for the said period of overholding, the Licensee shall hold the Lands as a monthly tenant only, at a rate equal to 125% of the Licence Fee payable during the last month (or last year whichever is applicable) of the Term but subject in all other respects to the terms and conditions ofthis Licence and the Licence shall be terminable by the Licensor on thirty (30) days prior written notice. Use of Lands 8. The permission granted herein does not confer any in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 9. (a) The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Electricity Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other right$ now existing or hereafter renewed or extended or entered into by the Licensor or Hydro 'One Networks Inc., and despite anything to the contrary, it is that the Licensor and Hydfo One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on tenns and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. (b) For the sake of clarity, and in no way limiting anything in clause 9(a), the Licensee explicitly acknowledges and agrees that Hydro One Networks Inc. has first priority to use the Lands for the purposes of transmission and/or distribution and that this Licence is subordinate to that prior and primary right of Hydro One Networks Inc. 10. The Licensee acknowledges that no representations or warranties have been made by the Licensor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Lands or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea fonnaldehyde foam insulation .and any Environmental Contaminant. The Licensee acknowledges that the Lands are licensed on an "as is, where is" basis and without any representation, warranty, covenant, or condition as to title, description, fitness for purpose, or use, zoning, physical condition, environmental condition, soil condition, quantity or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the Tenn of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. The Licensee acknowledges and agrees that the Licensor shall not be required to undertalce any work whatsoever with respect to the Lands. HONI File#: PICKERJNG T 632.1-504 Don Beer Arena Parking 42 5 (ii) promptly notifY the Licensor in writing of any notice by any Authority alleging a possible violation of or with respect to any other matter involving any Environmental Laws relating to the Lands, or relating to any person on or about the Lands for whom the Licensee is in law responsible, or any notice from any other patty concerning any release or alleged release of any Environmental Contaminant from the Lands; (iii) promptly notify the Licensor of the existence of any Environmental Contaminant on the Lands to the extent released, deposited, placed or used upon the Lands by the Licensee or any person for whom the Licensee is responsible in law; and· (iv) provide the Licensor and Hydro One Networks Inc. with copies of all environmental studies and reports that it possesses or enters into respecting the Lands. I 6. In addition to and without restricting any other obligations or covenants contained herein, the Licensee shall indemnifY and hold the Licensor and Hydro One Networks Inc. harmless at all times from and against any and all losses, damages, penalties, fines, costs, fees and expenses (including legal fees on a solicitor and client basis and consultants' fees and expenses) resulting from: (a) any breach of or non-compliance with the foregoing environmental covenants of the Licensee; and (b) any legal or administrative action commenced by, or claim made or notice any third party, including, without limitation, any Authority, to or against the Licensor and/or Hydro One Networks Inc., arising from the introduction of Environmental Contaminants onto, or the release of Environmental Contaminants from, the Lands by the Licensee or those for whom it is responsible in law, including any and all costs associated with air quality issues. · 17. The Licensee shall not in any way use or trespass on any Licensor's lands adjoining the Lands. 18. The Licensee shall not pile snow on the Lands or any of the lands adjoining the Lands which would result in piles exceeding two metres (6.5 ft.) in height or being closer than eight metres (26.2 ft.) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Licensee in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 19. The at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by-law. 20. The Licensee shall grade and resurface the Lands, provide suitable drainage and designate areas within the Lands for access, ingress and egress, all at its own expense, in order to properly maintain and operate the Lands for the Use. 21. The construction or location of all improvements an.d structures and the and planting oftrees on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. 22. In the event the Licensor considers it necessary that fences or baniers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 23. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or of the Licensor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in HONI File#: PICKERJNG T 632.1-504 Don Beer Arena Parking 24. 6 respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. (a) The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. (b) Upon termination of this Licence, the Licensee at its own expense shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfactory to the Licensor, unless notified in wliting by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without cost. 25. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Licensor may te1minate this Licence without any further notice. 26. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Accer)tru1ce of any overdue payment or interest shall not constitute a waiver of any or remedies that the Licensor may have hereunder or at law. 27. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment of any amount due hereunder, the Licensor may provide written notice to the Licensee specifying the default, and if the default is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may tenninate this Licence immediately upon the expiration ofthe ten (10) day period aforesaid without any further notice. 28. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third pmties, the Licensor may perform any such work, repairs, or other o,bligations of Licensee or make any payments due or claimed to be due by the Licensee. to third pru·ties, and without being in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in, respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter or Terminate 29. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. acting reasonably, the "'-'"""'u"v! may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any druna:ges caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. 30. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to their authority may at any time upon twenty-four hours' prior written notice to the Licensee or at any HONI File#: PICKERING T 632.1-504 Don Beer Arena Parking 43 8 directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro One Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. The Licensee expressly and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury to the extent that it arises from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and Hydro One Networks Inc. as provided in subsection 33(b) of this Licence. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure and OILC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage anq not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Tenn and any extension thereof. 34. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc., and each of their respective successors and from any and all causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; (b) agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (c) agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. Assignment 35. The Licensee shall not assign, transfer, sublease, part with or dispose of all or any pa:ti of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor, acting reasonably. General 36. This Licence and. any information or documents that m·e provided hereunder may be released pursuant to the provisions of the Freedom of lriformation and Protection of Privacy ACt, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 3 7. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms. conditions and covenants herein with I . HONI File# PICKERING T 632.1-504 Don Beer Arena Parking 45 10 IN WITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at ______ this-----·-.; _,, _____ _ THE CORPORATION OF THE CITY OF PICKERING Name: David Ryan Position: Mayor Per: __ ____,..---------- Name: Debbie Shields Position: City Clerk 1/We have authority to bind the Corporation. by the Licensor at _______ this ___ day HONI File#: PICKERJNG T 632.1-504 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE, as represented by, ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Name: Title: I have authority to bind the Corporation. Don Beer Arena Parking 47 48 11 Schedule 'A' THE CORPORATION OF THE CITY OF PICKERING PICKERJNG 632.1-504 PART OF LOTS 19 AND 20, CONCESSION BROKEN FRONT, RANGE 3, GEOGRAPHIC TOWNSIDP OF PICKERING, NOW CITY OF PICKERING 2.34ACRES Lands owned by Her Majesty the Queen in right of Ontario as by the Minister of Infrastructure 2.34 acres licensed to the City of Pickering for parking HONI File#: PICKERING T 632.1-504 Don Beer Arena Parking cs 18-17 Subject: Quotation No. Q-17-2017 June 5, 2017 Page 2 made payable to the City of Pickering from September 1st to April 30th each year for the period 2017 to 2020 inclusive and would also be in effect for the optional 8 month term extensions at a rate of $12,200.16 (plus HST) in 2020/2021 and $12,300.16 (plus HST) in 2021/2022. Discussion: The Pickering Recreation Complex features a concession facility. The season of operation is September to April each year and a concessions operator is required beginning with the September 2017 arena season. Quotation No. 0-17-17 was prepared and posted on the City's website. Two proposals were received by the closing date and time. Centro Food Services is the top ranked respondent receiving a satisfactory -evaluation. References provided by Centro Food Services have been checked and are deemed acceptable. The signed Health & Safety Regulation Form and a current WSIB Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB) as submitted by Centro Food Services have been reviewed by the Acting Coordinator, Health & Safety and deemed acceptable. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit and is deemed acceptable. The Director, Community Services and Division Head, Operations recommends that a concession licence agreement be initiated with Centro Food Services for a 3 year term beginning in September 2017 and ending April 30, 2020, with an option for 2 additional 8 month term extensions to the contract. Attachments: 1. Concession Licence Agreement 2. Supply & Services Memorarldum dated May 17, 2017 3. Supply & Services Memorandum dated April 20, 2017 CORP0227~07/01 revised 51 ATIACHMENT# , 1 TO REPORT#_LG,. IB -11-. Licence Agreement THIS CONCESSION LICENCE AGREEMENT is made as of July 1, 2017. BETWEEN: Centro Food Services (the "Operators") ::and- The Corporation of the City of Pickering (the "City") WHEREAS the City is the owner of the Pickering Recreation Complex which contains a concession facility; and WHEREAS the City wishes to retain the Operators to operate the concession on its behalf. NOW THEREFORE the parties agree as follows: Definitions 1. In this Agreement, (a) "Complex" means the Pickering Recreation Complex, located at 1867- Valley Farm Road in the City of Pickering; (b) "Concession" means the snack bar concession facility located in the Complex; (c) "Director" means the Director of the City's Community Services Department or a designate; and (d) "term" means the term of this Agreement, including any renewal, as set out in Section 2. Term 2. (a) The City grants to the Operators the right to operate the Concession for the purpose of providing snack bar services during the months of September to April, both inclusive, for the period beginning on or about September 1, 2017 and ending April 30, 2020. Page 1 of 9 53 54 (b) If both parties agree, this Agreement may be extended on the same terms and conditions for up to two (2) one-year optional terms, beginning September 1, 2020 and ending April 30, 2022. 3. Either the Operators or the City may terminate this Agreement prior to its· expiry by providing ninety (90) days' written notice to the other. Fees 4. The Operator shall pay to the City monthly installments on the first day of each month in the amount of: 1. September 1, 2017 ending April 30, 2018, $1,500.02 plus HST for a total of $12,000.16 plus HST. 2. September 1, 2018 ending April 30, 2019, $1,506.27 plus HST for a total of $12,050.16 plus HST. 3. September 1, 2019 ending April 30, 2020, $1,512.52 plus HST for a total of $12,100.16 plus HST. If agreement is to be extended for a further term(s) (up to 16 months total), the optional pricing submitted for each term shall be in effect until April 30, 2022: 4. September 1, 2020 ending April 30, 2021, $1,525.02 plus HST for a total of $12,200.16 plus HST. 5. September 1, 2021 ending April 30, 2022, $1,537.52 plus HST for a total of $12,300.16 plus HST. Operation 5. The Operators and all of their servants, agents and employees shall, (a) comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of its business in the Concession; (b) operate the Concession during the times and on the days agreed to by the Director; (c) keep accurate books and records of the operation of the Concession and allow the Director to inspect the books and records; (d) obtain all necessary permits, licenses and approvals that may be required in connection with the operation of the Concession; (e) pay all realty, business or other taxes or rates that may be levied against the lands upon which the Pickering Recreation Complex is located, against the Arena Concession operation or against the Operators as a result of its operation of the Arena Concession; Page 2 of 9 (f) maintain in good repair the Concession and the equipment contained therein; (g) maintain the Concession in a clean, sanitary and attractive condition satisfactory to the Director throughout the term and, at the end of the term, repair or replace any damages to the Concession except reasonable wear and tear; (h) provide a good standard of service to the public patronizing the Concession; (i) conduct Concession operations that are in compliance with the Province of Ontario's Eat Smart!® program for Recreation Centres; and U) comply with the provisions of the agreement dated September 1, 2003 between the City and Coca-Cola Bottling Ltd. set out in Schedule. A to this Agreement, or if the said agreement expires or is terminated, then the vendor concession operator shall comply with the new vendor/City agreement. 6. The Operators shall obtain the approval of the Director before altering, adding to or varying in any way all or any part of the Concession. Any approved alteration, addition or variation shall be undertaken at the Operators' sole expense and shall become the property of the City at the end of the term. Insurance 7. Prior to occupying the Concession, the Operators, at their own expense, shall provide, (a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Concession and The Operators' use and occupancy of the Concession, with coverage for any one occurrence or claim of not less than $2,000,000 CON, which insurance shall protect the City in respect of claims by The Operators as if the City was separately insured; (b) All Risk Property insurance coverage for all equipment, furniture and property owned by the Operator while occupying the Concession; · Page 3 of 9 55 56 (c) The Operator shall provide proof of automobile insurance for any and all vehicles used for the purpose of any works arising out of the occupation of the Concession; and (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Concession, which insurance coverage shall be kept in full force and effect throughout the term. 8. ·The Operator shall not do or omit or permit to be dor)e anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator shall pay to the City forthwith 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 an insurer by reason of the use or occupation of the Concessions, the Operator shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Operator shall fail· to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operator and the Operator shall immediately vacate the Concessions. Liability of the City 9. The City shall not be liable to the Operator for any loss of or damage to the Concession or any equipment or inventory in it, whether caused by fire, theft, and burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. The City will not responsible for loss of equipment due to electrical power surges. 10. The Operator shall indemnify the City and each of its servants, employees and agents from and against all actions, suits, claims and demands which may be brought against any of them, and from and against all losses, costs, charges, damages and expenses which may be sustained by any of them as a result of the Operator's use and occupation of the Concession. Default 11. If at any time the Operator is in default in the performance of any of the obligations under this Agreement and such default continues for fifteen (15) days after the receipt by the Operator of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith, and thereupon all the rights of the Operator under this Agreement shall immediately cease and the City shall not be liable for payment to the Operator of any moneys whatsoever by reason of such termination. · Page 4 of 9 12. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Concession in order to satisfy the outstanding fees and the costs of collecting them. · General 13. The Director shall have the right to enter the Concession at any time for any reason provided all reasonable efforts are made to minimize any disruption to the Operator's use of the Concession. 14. The leased premises are subject to inspection at any time by the Durham Region Health Department. The Company must fully comply with the Health Inspector's mandated rectification of any deficiencies. 15. The Operator shall not exhibit or allow to be exhibited in the Concessions any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 16. This Agreement shall not be assignable by the Operator without the consent of the City, which consent may be arbitrarily refused. 17. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 18. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 19. The Operator shall not sublet the management/services of Concession stands at any time during this agreement. 20. (1) Any notice to the City under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, Ontario L 1V 6K7 Attention: City Clerk Page 5 of 9 57 58 (2) Any notice to the Operators under this Agreement shall be in writing and shall be delivered to the following address: Attention: ------------------- (3) Notice shall be sufficiently given if delivered in person or sent by registered mail, courier or facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this section. IN WITNESS WHEREOF the parties have signed this Agreement. Centro Food Services: Sabrina Rezaiy, Director of Operations Same Rezaiy, Manager The Corporation of the City of Pickering: David Ryan, Mayor Debbie Shields, Clerk Page 6 of 9 SCHEDULE A Certain provisions of the Agreement dated September 1, 2003, between the CITY (herein referred to as the "CITY") and Coca-Cola Bottling Ltd., (therein referred to as the "Company") 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at 1867 Valley Farm Road; (b) "Event" means any scheduled or rescheduled sporting event, sporting competition or sporting contest conducted in either of the Arenas; (c) "Soft Drink Beverages" means, (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be prepared for immediate consumption by the addition of carbonated or non-carbonated water; and (iii) all carbonated and non-carbonated fruit drinks, machine- vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from which the same may be prepared; (d) "Soft Drink Beverages of the Companl' means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; Advertising ... Hockey Scoreboard, Time of Day Clock and Menu Boards 2. (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or more of the Soft Drink Beverages of the Company Page 7 of 9 59 60 and may change the advertising material from time to time during the Term. All advertising is subject to approval by the City. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. 3. The City shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re- surfacing unit, the hockey scoreboard, the clock or the menu boards. 4. The City shall not permit any advertising, promotion or mention of any n;:tture or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. 5. The City shall not grant to any manufacturer, bottler or supplier of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in any manner directly or by implication. Soft Drink Dispensing Equipment 6. The City, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. 7. Without the prior written consent of the Company, the City shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. 8. The Soft Drink Dispensing Equipment shall be used by the City only in the Complex and shall not be removed therefrom or otherwise disposed of without the prior written consent of the Company. 9. The Company may, at its cost, supply and install such additional or replacement Soft Drink Dispensing Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are Page 8 of 9 agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. 10. The City shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trademarks of the Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. 11. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. Complex Soft Drink Beverage Supply 12. (1) During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and all parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesale prices and trade terms which from time to time may exist, provided always that the said wholesale prices of the Company shall remain competitive with the wholesale prices which are from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. 13. Notwithstanding any other provision contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act·of God; or any other cause, contingency or circumstance which is beyond the control of the Company. General 14. The employees, representatives and agents of the Company shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement. Page 9 of 9 61 ATTACHMENT#_~roREPoR.r# c~, tB-1'+ -0 P1CKERING To: From: Copy: Marisa Carpino Director~ Community· Services Vera A. Felgemacher Manager~ Supply & Services Administrative Assistant, Community Services Supervisor, Supply & Services · · Subject: Quotation No. Q-17-2017 Quotation for Pickering Recreation Complex Arena Concession Closing: Tuesday, April 18~ 2017 File: F-5300-001 .Memo April 20, 2017 Quotation Q-17 ~20 17 was sent to eight (8) companies. and advertised on the City's ·website, of which two (2) companies have responded. · There are 2 stages in the evaluation process which are· outlined in Part 2-Evaluation of Quotations of the quotation document. . Stage I determines which submissions satisfy all the mandatory submission requirements· and provides Respondents the opportunity to rectify deficiencies. One of the submissions ·was provided the opportunity to rectify any deficien.cies and has satisfied the mandatory requirements within the rectification period. Two quotations proceeded to Stage IL which consists of scoring each qualified quotation on the basis of the rated criteria outlined in Part 2 of the quotation document. Refer to Part 2-Evaluation of Quotations, Item 2.3.2-Rated Criteria, Page 5 for instructions on how each of the quotations is to be evaluated by the Evaluation Committee. Each member will review the submissions individl:Jally and carefully according to the criteria in the bid document. Upon completion of the individual scoringl return all Evaluation Committee score sheets with signatures to Sue Burgess~ Buyer. Pricing has been evaluated by Supply & Servicesl and a score out of 30 points has been applied to the evaluation form. The completed evaluation results will be provided to the Evaluation Committee for review and approval. The following list of attachments has been provided to assist the Evaluation Committee to complete their individual evalu.ations: 1. Stage I! -Evaluation of Rated Criteria; 2. Evaluation Form; 3. Copy of the quotations received (2); and 4. Copy of Request for Quotation Document 63 66 Report CS 19-17 June 5, 2017 Subject: Don Beer Arena Pro Shop Licence Agreement Page 2 Financial Implications: Yearly fees of $4,600 (plus HST) will be paid in 8 equal payments at the first of each month made payable to the City of Pickering from September 1 to April 30 each year for the period 2017 to 2020 inclusive. The total revenue over the 3 year term of the licence agreement will be $13,800 (plus HST). The rental revenue generated during the former 3 year term of the Arena Pro Shop · Licence Agreement from September 1, 2013 to April 30, 2016 was $12,000 (plus HST). Therefore, rental revenue will increase by $1 ,800 over the new 3 year term of licence agreement (September 1, 2017 to April 30, 2020). Discussion: The Arena Pro Shop License Agreement permitting XPRT Marketing & Promotions to operate the Don Beer Pro Shop was originally dated September 1, 2006 and was renewed on the same terms and conditions for a further period beginning September 1, 2013 and ending April 30; 2016, with option for a 1 year extension ending April 30, 2017. As a result, Quotation No. Q-18-2017 on the City's website on March 24, 2017 inviting prospective proponents to submit proposals for the operation by license of a Pro Shop at Don Beer Arena. Two proposals were received by the closing date and time. The Arena Pro Shop License Agreement is for a 3 year term from September 1, 2017 to April 30, 2020 inclusive (8 months per term, for a total of 24 months) with an option to · . extend the agreement on the same terms and conditions for two additional 8 month term extensions being September 1st to April 30th inclusive of the calendar year. Under the terms of the Arena Pro Shop License Agreement, XPRT Marketing & Promotions is responsible to operate the Pro Shop for the purpose of selling items and services related to ice hockey, skating, figure skating and ringette. The Pro Shop will operate every day Monday to Friday from 5 pm to 10 pm and Saturday to Sunday from 7 am to 9 pm. · The Pro Shop is located on the first floor within the Don Beer Arena and provides much needed services to the users of the facility. The Pro Shop sharpens skates, silk screens and embroiders jerseys, conducts skate and equipment repairs, and sells ice sports merchandise. Clearly, the services and products offered at the Pro Shop enhance the operation of Don Beer Arena as a full service destination. XPRT Marketing & Promotions is the top ranked respondent of Quotation No. Q-18- 2017 with a flat monthly fee of $575 (plus HST) for the first 8 month term (2017 -2018 Year 1 ), $575 (plus HST) for the second 8 month term (2018-2019 Year 2), $575 (plus HST) for the third 8 month term (201 9-2020 Year 3), and $600 (plus HST) during the two 8 month term extensions. 68 ATTACHMENT#__1_ TO REPORT# QS> jq -/1 Licence Agreement This Licence Agreement is made as of September 1st 2017. Between: XPRT Marketing & Promotions (the HOperator") and The Corporation of the City of Pickering (the "City") Whereas the City is the owner of the Don Beer Arena located at 940 Dillingham Road, Pickering, Ontario, L 1W 1Z6 (the "Arena"); And Whereas the Operator wishes to operate a Pro Shop in the Arena. Now Therefore the parties agree as follows: Definitions 1. In this Agreement, Term (a) "Arena Pro Shop" means the facility located in the Arena for the operation of the Services as hereinafter defined ; (b) . "Director" means the Director of the City's Community Services Department or a designate; (c) "Service·s" means the supply, rent or sale of items and services relating to ice hockey, skating, figure skating and ringette; and (d) "Term" means the term of this Agreement, including any renewal, as set out in Section 2. · 2. (1) The City grants to the Operator the right to operate the Services in the Arena Pro Shop for the period beginning September 1, 2017 and ending April 30, 2020 (a total of 24 months), with the option to extend the agreement for up to two additional one (1) year terms (a total of 16 months), ending April 30, 2022. The Operator shall provide the Services only during the months of September to April, both inclusive, during each term. The Operator shall not be permitted to sell any products sold in the snack bar concession located in the Arena. Fees (2) This Agreement may be extended at the end of the term subject to the City being satisfied with the provision of the Services by the Operator and subject to terms mutually agreeable to the City and the Operator. Operator shall advise the City no later than April 1, 2020 of its desire to extend the term. (3) Either the Operator or the City may terminate this Agreement prior to its expiry date by providing ninety (90) days' written notice to the other. 3. The Operator shall pay to the. City monthly installments on the first day of each month in the amount of: 1. September 1, 2017 ending April 30, 2018, $575.00 plus HST for a total of $4,600.00 plus HST. 2. September 1, 2018 ending April 30, 2019, $575.00 plus HST for a total of $4;600.00 plus HST. 3. September 1, 2019 ending April 30, 2020, $575.00 plus HST for a total of $4,600.00 plus HST. If agreement is to be extended for a further term(s) (up to 16 months total), the optional priCing submitted for each term shall be in effect until April 30, 2022: Operation 4. September 1, 2020 ending April 30, 2021, $600.00 plus HST for a total of $4,800.00 plus HST. 5. September 1, 2021 ending April 30, 2022, $600.00 plus HST for a total of $4,800.00 plus HST. 4. (1) The Operator shall operate the Services during the term, seven days per week, between: (a) 5:00 pm and 10:00 pm Monday through Friday; and (b) 7:00am and 9:00 pm Saturdays and Sundays, subject to closing for statutory holidays or any other reasons) only with the prior written approval of the Director. (2) In no event shall the Arena Pro Shop be open before 7:00 am or after 11 :00 pm on any day. (3) The Operator shall supply all equipment required for the operation of the Services at its expense. (4) The City shall provide heat and electrical power for the operation of the Arena Pro Shop at its expense. 69 70 (5) The Operator shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Arena is located, against the Arena Pro Shop or against as a result of the Services. (6) The Operator shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Pro Shop, in keeping with the standards set for the operation and maintenance of the Arena. (7) ·The Operator shall not alter any part of the Arena Pro Shop, nor install any fixtures thereto without the prior permission in writing of the Director. (8) The Operator shaiJ comply with all applicable statutes, laws, by-laws and regulations, whether federal, provincial, municipal or otherwise at any time in effect during the term of the agreement. (9) The Operator shall maintain the Arena Pro Shop in a safe, clean and neat condition and shall maintain all equipment used in providing the Services in good repair. (1 0) The Operator shall operate the Services in a proficient way, and shall employ trained and courteous staff. Insurance 5. Prior to occupying the Arena Pro Shop, the Operator, at its own expense, shall provide, (a) (b) (c) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with · respect to the business carried on at the Arena Pro Shop and The · Operators' use and occupancy of the Arena Pro Shop, with coverage for any one occurrence or claim of not less than $2,000,000 CON, which insurance shall protect the City in respect of claims by The Operators as if the City was separately insured; All Risk Property insurance coverage for all equipment, furniture and property owned by the Operator while occupying the Arena Pro Shop; The Operator shall provide proof of automobile insurance for any and all vehicles used for the purpose of any' works arising out of the occupation of the Arena Pro Shop; and (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Arena Pro Shop, which insurance coverage shall be kept in full force and effect throughout the term. 6. The Operator shall not do or omit or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator shall pay to the City forthwith 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 insu ranee policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Arena Pro Shop, the Operator shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operator and the Operator shall immediately vacate the Arena Pro Shop. Liability of the City 7. The City shall not be liable to the Operator for any loss of or damage to the Arena Pro Shop or any equipment or inventory contained therein, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. 8. The Operator shall indemnify the City and each of its servants, employees and agents from and against all actions, suits, claims and demands which may be brought against any of them, and from and against all losses, costs, charges, damages and expenses which may be sustained by any of them as a result of the use and occupation of the Arena Pro Shop by the Operator or those persons for who the Operator is responsible at law. Default 9. If at any time the Operator is in default in the performance of any of the obligations under this Agreement and such default continues for fifteen (15) days after the receipt by the Operator of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith, and thereupon all the rights of the Operator under this Agreement shall immediately cease and the City shall not be liable for payment to the Operator of any moneys whatsoever by reason of such termination. 10. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Arena Pro Shop in order to satisfy the outstanding fees and the costs of collecting them. 71 72 11. Notwithstanding the termination of this Agreement, the provisions of Section 8 shall continue to bind the Operator and the Operator shall continue to be obligated to pay to the City all monies due to the City. General 12. · . The Director or Designate shall have the right to enter the Arena Pro Shop at any time for any reason, provided all reasonable efforts are made to minimize any disruption to the Operator's use of the Arena Pro Shop. 13. · The Operator shall not exhibit or allow to be exhibited in the Arena Pro Shop any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 14. This Agreement shall not be assignable by the Operator without the consent of the City, which consent may be arbitrarily refused. 15. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 16. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 17. The Operator shall not sublet the management/services of the Pro Shop at any time during this agreement. 18. (1) Any notice to the City under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, Ontario L 1V 6K7 Attention: City Clerk .(2) Any notice to the Operators under this Agreement shall be in writing and shall be delivered to the following address: Attention: -------------------- (3) Notice shall be sufficiently given if delivered in person or sent by registered mail, or sent by facsimile transmission during normal business hours on a business day. Business day shall mean Monday to Friday inclusive, excluding statutory holidays. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this section. IN WITNESS WHEREOF the parties have signed this Agreement. XPRT Marketing & Promotions Bill Dawson, Owner/Manager The Corporation of the City of Pickering: David Ryan, Mayor Debbie Shields, City Clerk We have authority to bind the Corporation 73 74 ATTACHIVJENT# J_ TO REPORT# CS;_,_/9 ~ J'1- -Ct4Jof- PJCKERJNG To: From: Copy: Marisa Carpino Director, Community Services Vera A. Felgemacher Manager, Supply & Services Administrative Assistant, Community Services Supervisor, Supply & Services Subject: Quotation No. Q-18-2017 Quotation for Don Beer Anima Pro Shop Closing: Thursday, April 27, 2017 File: F-5300-001 Memo May 10, 2017 Further to the memo dated May 8, 2017, two quotations proceeded to Stage II evaluation. A summary of the Stage II and Ill evaluation results for each quotation is attached. ·xPRT Marketing & Promotions ·is the top ranked respondent with a submitted price of $4,600.00 (HST excluded). Health & Safety documents and a Certificate of Insurance have been approved, as part of the evaluation process. In accordance with Purchasing Policy, Item 06.12: Revenue generating proposals for services are subject to the approval of Council prior to the Manager awarding the contract Please direct enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. ,/'1 \_ .. /./ VAF/sb Attachments (1) 76 Hard copies of the submissions will be forwarded to the Director, Community Services~ for distribution to the Evaluation Committee. · Please .direct all enquiries to Supply & Services. Respondents will be advised of the outcome when the contract has been awarded. If you t\equire further information, please contact myself or a member of Supply & Services. f \ ,I'll~ L/ l VAF/sb , · Attachments (6) Quotation No. Q-18-2017 Don Beer Arena Pro Shop Page 2 of 2 Don Beer Arena Concession Licence Agreement Page 3 repair or replace any damage to the Concession, reasonable wear and tear excepted; (h) provide a good standard of service to the public patronizing the Concession; (i) conduct concession operations that are in compliance with the Province of Ontario's Eat Smart! Program for Recreation Centres; and U) comply with the provisions of the agreement dated Sept~tnber 1, 2003 between the City and Coca-Cola Bottling Ltd. setout ih§cbedule A to this Agreement, or in the case that the said agreement expir~~.f?(:is terminated, then the vendor concession operator shall comply with fne he~r'?endor/City agreement. · · · 6. The Operator shall obtain the approval of the Director before altering, add\H~:t6 .. 6~~~~rying in any way all or any part of the Concession. Any approved alteration, additionhr variation shall be undertaken at the Operator's sole expen~~::·~nd shall become the property of the City at the end of the term. :<' · :,.· <_.: .. ::\-·;·:, .. (·'· Insurance 7. Prior to occupying the Concession, the :·pperator~·~t·•their~v0i ~:>tpense, shall provide, . · · · . . .. ,,,,, (a) comprehensive general public liability i:~~llf?ppE:1f·:id~ntifying the City as an additronal insured, including coverage for.p~r~ohal injury, contractual liability, tena~t,'~ l;~galJi~bility, han-owned automobile liability, death and property d?.ni'~gf!~;·;~IJ:~Q;·~S.?urrence basis with respect to the business carried on at t~E? Gon6essiop.::~?9;~he Operator's use and occupancy of the Concession, · ·With coverage for:~~~y .. pne occurrence or claim of not less than $5,000,000 ·coN, which insurance~hall protect the City in respect of claims by The Operators as if the Q'jt~.was separately insured; ''\ (b): ".,:f.\II .. Risk Property insq(ahce coverage for all equipment, furniture and property <}p,Vff1~d by the Op~x~tpr while occupying the Concession; (c) TH'~(l}p~.r~tor .. ~.~~lf'jprovide proof of automobile insurance for any and all vehici~~.M~~cfor· the purpose of any works arising out of the occupation of the Con·cesslon; and (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Concession, which insurance coverage shall be kept in full force and effect throughout the term. 8. The Operator shall not do or omit or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator shall pay to the City forthwith upon demand the 3 81 SCHEDULE A Certain provisions of the Agreement dated September 1, 2003, between the CITY (herein referred to as the "CITY") and Coca-Cola Bottling Ltd., (therein referred to as the .. Company") 1. for the purposes of this Agreement, (a) "Arenas" means the Arenas located at 940 Dillingham (b) ''Event" means any scheduled or rescheduled sporting event, competition or sporting contest conducted in either of the Arenas; · (c) .. Soft Drink Beverages" means, (i) (ii) All carbonated and non-carbonatt3dtsdft!:]~r4Q~ beverages; /'' ,,.~, •'; .,.;·~' : ,'· ·, '·:.: .·., all syrups from which carbon~,~~;~~d n9~~~~ted soft drink beverages may be pcf~~iared f9·f::if'nmedi~~~}F()~Sumption by the addition of carbonateg qr nof¥'carbonat~~LV1fater; and (iii) All carbonated and non-carbo~ated.1 ff~it drin~s,,rnachine-vended fruit juices, potable waters and~;~~~t.hE(t.:non-alcoholic beverages for immediate consumption, inci~Q..~p~}';all.syrups and preparations from which the same may be prepared; (d) "Soft Drink Beverages of the Company" means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (f) "Term" means the term of this Agreement which shall commence at 6:00am on September 1, 2003 and shall expire at midnight on August 31, 2013. ADVERTISING-HOCKEY SCOREBOARD, TIME-OF-DAY CLOCK AND MENU BOARDS 2. (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or 85 cs 21-17 Subject: Movies in the Park June 5, 2017 Page 2 Discussion: Pickfair Family Dental, located at 1794 Liverpool Road in Pickering, has served the community of Pickering, Ajax, East Toronto and the surrounding areas for over 30 years. Pickfair Family Dental would like to give back to the community by hosting a collection of free movie nights over the course of this summer. As such, Pickfair Family Dental has requested to permit Esplanade Park on five separate Wednesday evenings in July and August 2017 to include July 5, July 19, August 2, August 16, and August 30, 2017. The event will begin at dusk and operate for approximately 2 hours. Pickfair Family Dental is requesting the use of electrical, garbage and recycling units and facility restrooms at Pickering Public Library and Pickering Recreation Complex. City of Pickering staff from applicable departments have commented to this event request and support the event, in principle, subject to various event/festival requirements being met by the applicant during the event planning process. The requirements include but is not limited to the following: • proof of 2 million dollars in liability insurance • rentals of event equipment and supplies • Durham Health Community Special Events Form for Event Coordinators/Organizers • locates completed for all staked equipment • rental of all required portable restroom and hand-washing stations (if applicable) • submission of site plan and emergency response plan • adherence to the City's emergency weather standard operating procedure • hiring of site security and police officers to monitor event operations (if applicable) At this time, City staff seek Council's authorization to permit the use of Esplanade Park to Pickfair Family Dental on July 5, July 19, August 2, August 16, and August 30, 2017 so they can host free Movies in the Park. The permit will allow for park set-up, operations, and clean-up. Attachments: 1. n/a CORP0227-07/01 revised 89 ~-G-4 PlCKERlNG Report to Executive Committee Report Number: ENG 12-17 Date: June 5, 2017 From: Subject: Richard Holborn Director, Engineering Services Consulting Services for Sandy Beach Road Reconstruction Request for Proposal No. RFP-1-2017 File: A-1440 Recommendation: 1. That Proposal No. RFP-1-2017, for Consulting Services for Sandy Beach Road Reconstruction; to include the Class Environmental Assessment, Detailed Design and Contract Administration/Field Inspection Services (Montgomery Park Road to Bayly Street) submitted by The Municipal Infrastructure Group Ltd. in the amount of $649,594.06 (HST included) be accepted; 2. That the total gross project cost of $749,558.00 (HST included), including the RFP amount, and associated costs, and the total net 'project cost of $675,000.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $675,000.00 as follows: a) The sum of $300,000.00 as approved in the 2016 Capital Budget-Development Projects to be financed by an Internal Loan for 1 0 Years; b) The sum of $337,500.00 as approved in the 2016 Capital Budget-Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; c) The additional sum of $37,500.00 to be funded by a transfer from the Accelerated Infrastructure Program Reserve (AlP); and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 91 92 ENG 12-17 Consulting Services for Sandy Beach Road Reconstruction Request for Proposal No. RFP-1-2017 June 5, 2017 Page 2 Executive Sum mary: As part of the 2016 Capital Budget-Development Projects, the completion of the Sandy Beach Road Environmental Assessment, Detailed Design and Contract Administration/Field Inspection Services was approved as a project. Request for Proposal No. RFP-1-2017 was issued on April 5, 2017 and closed on May 4, 2017. The Evaluation Committee consisting of staff from the Engineering Services Department, reviewed and'evaluated the six proposals received using criteria outlined in the Terms of Reference. It is recommended by the Evaluation Committee that The Municipal Infrastructure Group Ltd. (TMIG) be retained to undertake the Class Environmental Assessment, Detailed Design and Contract Administration/Field Inspection Services of the Sandy Beach Road reconstruction at a cost of $649,594.06 (HST included). The proposal cost provided by TMIG exceeds the approved · budget and additional funds are required. The total net project cost (including proposal amount, TRCA permits, contingencies and net HST) is estimated to be $675,000.00. Additional funding in the amount of $37,500.00 will be required from a transfer from the Accelerated Infrastructure· Program (AlP) Reserve. In accordance with Section 10.04 of the Purchasing Policy, where the project cost of a consulting assignment is more than $50,000.00, the award is subject to the approval of Council. Financial Implications: 1. Proposal Amount Proposal No. RFP-1-2017 HST (13°/o) Total Gross Project Amount 2. Estimated Project Costing Summary Proposal No. RFP-1-2017 Associated Costs Contingency (1 0°/o) Toronto and Region Conservation Authority Permit Approval and Review Cost Total HST (13°/o) Total Gross Project Costs HST Rebate (11.24°/o) Total Net Project Costs CORP0227-07/01 revised $574,862.00 74,732.06 $649.594.06 $574,862.00 57,486.00 30.978.00 663,326.00 86,232.00 $749,558.00 (74.558.00) $675.000.00 94 ENG 12-17 Consulting Services for Sandy Beach. Road Reconstruction Request for Proposal No. RFP-1-2017 June 5, 2017 Page 4 There are two major existing structures, one culvert and one bridge on Sandy Beach Road. Krosno Creek crosses Sandy Beach Road at these two locations, as shown in the location map (Attachment #1). The 2016 Road Needs Study recommends Sandy Beach Road for reconstruction, and the 2013 Development Charges Study recommends three-lane reconstruction, including storm sewers. There is an existing sidewalk on some sections of Sandy Beach Road, but it is not continuous or connected. A consultant is required to carry out the Environmental Assessment (EA) and Preliminary Design for Sandy Beach Road from Montgomery Park Road to Bayly Street, and also to complete a Detailed Design package including detailed design drawings and tender specification documents. The consultant will also provide contract administration arid field inspection during construction for the road, at a future date subject to the budget approval. Proposal No. RFP-1-2017 was issued on AprilS, 2017 to obtain proposals to undertake the Environmental Assessment and Detail Design of Sandy Beach Road (Montgomery Park Road to Bayly Street). The RFP process closed on May 4, 2017, with 6 proposals submitted. The City received submissions from the following consulting firms: • Ainley Group • Chisholm, Fleming & Associates • GHD • GREER GALLOWAY Consulting Engineers • Morrison Hershfield • The Municipal Infrastructure Group Limited (TMIG) The proposals received were reviewed by the Evaluation Committee consisting of staff from the Engineering Services Department. Proposals were evaluated based on the consultant's experience on similar projects, their understanding of the project, proposed work plan and deliverables, project team overview, quality of their references, quality of their proposal and their pricing. The Municipal Infrastructure Group Limited (TMIG) received the highest average score. The proposal submitted by TMIG exceeds the approved budget and additional funds are required. The total net project cost req~ired (including proposal amount, contingencies and net HST) is estimated to be $675,000.00. An additional funding amount of $75,000.00 is required. The Health & Safety Statement signed by TMIG and Certificate of Clearance issued by the Workplace Safety & Insurance Board have been reviewed by the Coordinator, Human Resources and deemed acceptable. TMIG is currently providing consulting and professional services to the City for the detailed design of culverts and erosion control for Krosno Creek and is deemed acceptable by the Manager, Capital Projects and Infrastructure. The list of sub-consultants as ,submitted by TMIG for this project has been reviewed and deemed acceptable by the Manager, Capital Projects and Infrastructure. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit, and is deemed acceptable. CORP0227-07/01 revised ENG 12-17 Consulting Services for Sandy Beach Road Reconstruction Request for Proposal No. RFP-1-20 17 June 5, 2017 Page 5 Upon careful examination of all proposals and relevant documents received, the Engineering Services Department recommends the acceptance of Proposal No. RFP-1-20 17 submitted by TMIG in the amount of $649,594.06 (HST included) and that the total net project cost of $675,000.00 (net of HST rebate) be approved. Attachments: 1. Location Map 2. Supply & Services Memorandum dated May 16, 2017 CORP0227 ~07/0 1 revised 95 98 --Cli/ ATTACHMENT#_&_ TO REPORT# fNC? 12-ll PJCKERlNG · Memo To: Richard Holborn May 16, 2017 Revised Director, Engineering Services From: Vera A. Felgemacher Manager, Supply & Services Copy: Administrative Assistant, Engineering Services Supervisor, Supply & Services Subject: Consulting Services for Sandy Beach Rd. Reconstruction Proposal No. RFP-1-20 17 Closing Date: Thursday, May 4, 2017 at 12:00 p.m. (local time) -File: F-5300-001 Further to the memo dated May 8, 2017, the Terms of Reference for the above project were issued on Apri.l 5, 2017. An advertisement was posted on the City's website. Six (6) proposals were received by the closing date. The proposals received contained the mandatory requirements for Stage 1 Evaluation, and proceeded to Stage II. The Evaluation Committee, consisting of City Staff from the Engineering Services Department, conducted independent evaluations of the proposals. A combined average score for the proposal was completed and a copy of the approved final consensus spreadsheet is attached. · A summary of the submitted pricing (excluding HST) and points awarded for the proposal is attached. Municipal Infrastructure Group has received the highest overall points. The total cost to provide this service is $574,862.00 plus HST. A budget of $600,000.00 was provided to Supply & Services for this procurement. In accordance with Appendix D-Request for Proposals Particulars, Item B-Material Disclosures, the following documents will be requested from Municipal Infrastructure Group and submitted for approval by the Employment & Compensation Specialist and the Manager, Budgets & Internal Audit: (a) A copy of the Health & Safety Policy to be used on this project (currently dated and signed), or the City's Health & Safety Policy Acknowledgement form; (b) A copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; (c) The City's certificate of insurance shall be completed by the bidder's a9ent, broker or insurer. (d) A completed Accessibility Regulations for Contracted Services form; and (e) A completed Sub-contractors List, listing all sub-contractors who may be carrying out any part of this Contract. Please advise if Supply & Services is to proceed with this task. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. As such, in accordance with Purchasing Policy Item 1 0.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are available in the approved budget; (a) An award over $50,000 ·is subject to the additional approval of Council. Please include the following items in your report: 1. · if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable; 4. any past work experience with Municipal Infrastructure Group including work location; 5. the appropriate account number(s) to which this work is to be charged; 6. the budget amount(s) assigned thereto; 7. . Treasurer's confirmation of funding; 8. related departmental approvals; and 9. related comments specific to the project. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponent will be advised of the outcome in due course. An award notice will be placed on the City's website upon receipt of all required approvals. r, ' If y~u require further information, please feel free to contact me or a member of Supply & SerVices. \ . c)\ ~AF/s;:( Attachments ( 1) Request for Proposal No. RFP-1-2017 Consulting Services for Sandy Beach Rd. Reconstruction · Page 2 of 2 99 -~Cd$ f'j]'\'-- P1CKER1NG Report to Executive Committee From: Subject: Richard Holborn Director, Engineering Services Amendment to Traffic & Parking By-law 6604/05 Proposed Parking Restrictions, Wildwood Crescent File: A-1440 Recommendation: Report Number: ENG 14-17 Date: June 5, 2017 1. That the attached draft by-law be enacted to amend Schedule "2", No Parking, to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address parking restrictions on the north and west sides of Wildwood Crescent near Major Oaks Park. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Residents on Wildwood Crescent requested that City staff investigate implementing on-street parking restrictions on Wildwood Crescent citing concerns with vehicle access to the road when there are events at Maj.or Oaks Park during the summer months, resulting in vehicles parking on both sides of the road. In response to concerns by area residents regarding on-street parking, and based on the results of the City's community consultation with area residents, it is recommended that Schedule "2", No Parking, to By-law 6604/05 be amended to implement parking restrictions on the north and west sides of Wildwood Crescent from Major Oaks Road to 135 metres west thereof. The recommended restrictions would be annually from May 1 to September 30, Monday to Friday, 5:00pm to 9:00 pm, holidays excluded. Financial Implications: The installation of No Parking signs and posts on Wildwood Crescent can be accommodated within the Roads Current Budget. Discussion: Residents on Wildwood Crescent have requested that City staff investigate implementing on-street parking restrictions on one side of Wildwood Crescent near Major Oaks Park. Residents expressed concerns with vehicle acqess to the road when there are events at Major Oaks Park during the summer months, resulting in vehicles parking on both sides of the road. 100 ENG 14-17 Subject: Amendment to Traffic & Parking By-law 6604/05 Proposed Parking Restrictions, Wildwood Crescent June 5, 2017 Page 2 In response to these concerns, Engineering Services staff from the City of Pickering distributed a letter, dated November 14, 2016, seeking comments from residents on Wildwood Crescent with respect to restricting parking on the north and west sides of the road annually from May 1 to September 30. The November 16, 2016 letter was sent to 31 households and asked area residents to indicate their support or opposition to the potential installation of parking restrictions on the north and west sides of the road annually from May 1 to September 30. Engineering Services staff at the City of Pickering received 11 replies to the letter, with 7 (64°/o) in full support, 2 (18°/o) in support but with concerns regarding the restrictions proposed, and 2 (18°/o) opposed to the installation of on-street parking restrictions on the north and west sides of Wildwood Crescent annually from May 1 to September 30. Two respondents were concerned that visitor parking would be affected on the roadway during the summer months. Suggestions were offered including allowing permit parking only on the roadway, adding specific times to the restrictions, alternating between the west and the east sides of the road every two to four weeks, and restricting both sides of the road. Recognizing these concerns, and to minimize any inconvenience to the residents of Wildwood Crescent and users of the park, it is recommended further that parking restrictions be implemented on the north and west sides of Wildwood Crescent from May 1 to September 30 with the parking restrictions being only from Monday to Friday, 5:00 pm to 9:00 pm, holidays excluded. Therefore, based on all factors considered, staff recommend parking restrictions be implemented on the north and west sides of Wildwood Crescent from Major Oaks Road to 135 metres west thereof annually from May 1 to September 30, Monday to Friday, 5:00pm to 9:00pm, holidays excluded. · · The proposed parking restrictions on Wildwood Crescent are illustrated in Attachment 1. The draft by-law for the proposed parking restrictions on Wildwood Crescent is provided in Attachment 2. Attachments: 1. Proposed Parking Restrictions, Wildwood Crescent 3. Draft By-law, Amendments to Schedule "2", No Parking to By-law 6604/05 CORP0227-07/01 revised 1 01 104 The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 2 to By-law 6604/05 to provide for the regulation of parking restrictions on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to restrict parking on a portion of the north and west sides of Wildwood Crescent annually from May 1 to September 30, Monday to Friday, 5:00 pm to 9:00pm, holidays excluded. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 2 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Column 2 Highway Side Add Wildwood Crescent North and West Schedule 2 No Parking Column 3 Limits (From/To) Major Oaks Road to 135 metres west of Major Oaks Road Column 4 Prohibited Times or Days May 1 to September 30 Monday to Friday 5:00 pm to 9:00 pm Holidays Excluded By-law No. Page 2 By-law passed this 12th day of June, 2017. David Ryan, Mayor Debbie Shields, City Clerk 105 FIN 11-17 Subject: 2017 Final Tax Due Date for Commercial, Industrial and Multi-Residential Realty Tax Classes JuneS, 2017 Page 2 Discussion: In 1998, the Province introduced Current Value Assessment or CVA on a Province-wide basis to replace the old patchwork system (throughout the Province) where each municipality used a different base year for assessment purposes. The end result of CVA was that some businesses experienced property tax increases well above 1 00°/o. To reduce the property tax increases, the Province introduced capping legislation in 1998. The City of Pickering will soon be in a position to issue the final 2017 property tax bills in accordance with the capping provisions of Bill 140, Continued Protection for Property Taxpayers Act, 2000 and implemented through various regulations (Bill 140 replaced the original capping legislation of Bill 79 introduced and approved in 1998). This legislation was put in place to limit assessment reform related increases to S0/o per year on commercial, industrial and multi-residential properties. Under this legislation, property owners facing increases due to property assessment reform had their increases "capped" (reduced). Conversely, those properties experiencing decreases were limited to that permitted under the legislation. This meant that taxes had to be clawed back from those experiencing decreases to fund the loss of revenue resulting from the capped increases. The funding of the capping protection is paid for on a Region-wide basis. The Region of Durham acts 1ike a banker in this process. For example, the total cost of the capping protection for commercial tax class is paid for by the other commercial properties throughout the Region by having a portion of their property tax decrease withheld (clawed back). As part of the Region-wide process, the City of Pickering uses a Provincial database program called "Online Property Tax Analysis" (OPTA) to verify non-residential assessment data. Every municipality within Durham Region uses the OPT A system. Assessment Review Board decisions and Minutes of Settlement decisions have been incorporated into the capping calculations up to the "freeze" date of May 16, 2016. - Bill 83 -Legislative Changes to Capping Legislation In 2004, the Province passed Bill 83, Budget Measures Act, 2004, which provided for various optional tax tools that could be used for the non-residential tax class. In a two tier municipal government structure, the upper tier has the option to select all or some of the tax tools. These tax tools consist of the following options: 1. Annual threshold increase of previous year's annualized taxes raised from S0/o to 1 0°/o. 2. Annual threshold increase capped at 5°/o of previous year's CVA taxes. 3. Billing threshold established whereby a property that is within the $250 of its CVA based taxation is required to pay its full CVA property taxes. 107 108 FIN 11-17 Subject: 2017 Final Tax Due Date for Commercial, Industrial and Multi-Residential Realty Tax Classes June 5, 2017 Page 3 4. The minimum CVA tax for new construction properties was 60% in 2006. New construction properties are now fully phased-in at 1 00%, CVA tax . . The purpose of these tax tools was to accelerate the movement of non-residential taxpayers to full CVA taxes (such that taxes are calculated using Current Value Assessment multiplied by the corresponding tax rate). Bill 144-Legislative Enhancements to Capping Legislation In 2015, the Province·provided additional enhancements to the capping program through Bill 144, th.e Budget Measures Act, 2015. Beginning in 2016, municipalities are able to increase the annual cap from its current level of 5°/o of previous year's CVA level taxes up to a new maximum of 1 Oo/o. In addition, municipalities are able to move properties directly to CVA level taxes if they are within $500 of CVA level taxes, up from the current $250 threshold. The annual cap of up to 1 0°/o of previous year's annualized taxes would be maintained. In 2017 the Region of Durham has adopted all of the tax tools and enhancements referenced above, which will reduce the potential remaining life of this program and the protection requirements. Under the Municipal Act, Subsection 343(1), the tax bills must be mailed 21 days before the due date. Taxation staff are cognizant of this legislative requirement and design the tax billing process to meet this requirement. The coordinated efforts between OPTA and Durham Region municipalities have accelerated the capping calculation process over the last few years, allowing the capping 'freeze' to be completed earli~r in the year. This has provided an opportunity for the City to set an earlier tax due date for non- residential property tax groups. Due to the implementation of our new tax software system, and an earlier OPTA freeze date, we now have the ability to process our non-residential billing much earlier than in previous years. By billing the final taxes for non-residential properties early in June, we will be able to re-calculate the monthly Pre-authorized Tax Payment (PTP) plan amounts effective for July 1st as opposed to August 1st or later. This will ensure that any property tax increase for non-residential PTP customers is spread out over six payments (July to December). Table One 2017 Billing Due Dates February 27 April27 June 28 September 28 Instalment Dates Residential X X X X 4 Non-residential X X X 3 11 0 The Corporation of the City of Pickering By-law No. XXXX/17 Being a By-law to Establish the 2017 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R. S. 0. 1990, ch.A.31 as amended, and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering; and, Whereas the Regional Municipality of Durham .has passed By-law No. 06-2017 to establish tax ratios, and By-law No. 08-2017 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Durham Region Transit Commission, and By-law No. 09-2017 to set and levy rates of taxation for Regional Solid .Waste Management, and By-law No. 07-2017 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 7536/17) before the adoption of the estimates for the current year; and, Whereas sub section 342 (2),of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2017. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. For the year 2017, The Corporation of the City of Pickering (the HCity'') shall levy upon all Property Classes (Residential, Commercial, Industrial and Multi- residential) as set out in this By-law 7560/17 of Schedule A, the rates of taxation, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment. 2. Where applicable, taxes shall be adjusted in accordance with the Continued Protection for Property Taxpayers Act, 2000, as amended and its Regulations. #b.ci.) ( --17 3. The levy provided for shall be reduced by the amount of the interim levy for 2017. By-law No. Page 2 4. The 2017 final tax calculations for the industrial, commercial and multi-residential realty tax classes is based on a freeze date of May 16, 2017. 5. The 2017 taxes owed for the commercial, industrial and multi-residential assessed properties shall be due in one instalment on September 28, 2017, or as adjusted by the Treasurer. · 6. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1 ), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collecf by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as amended. 7. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 8. Taxes shall be payable to the Treasurer, City of Pickering. 9. This By-law is t~ come into effect on the date of its final passing. By-law passed this 12th day of June, 2017. David Ryan, Mayor Debbie Shields, City Clerk 1 1 1 1 1 2 ----C:t;; P1CKER1NG From: Stan Karwowski Director, Finance & Treasurer Report to Executive Committee Report Number: FIN 12-17 Date: June 5, 2017 Subject: Annual Indexing and Development Charges for City-Wide and Seaton Lands Recommendation: 1. That Report Fl N 12-17 of the Director, Finance & Treasurer be received; 2. That effective July 1, 2017 as provided for in By-law 7324/13, the Development Charges (the "DCs") referred to in Schedule ·~c" of that By-law be increased by 3.9 percent; 3. That the DCs that are specific for the Seaton Lands and the additional contributions as specified in Articles 4 through 6 of the Seaton Financial Impacts Agreement dated November 26, 2015 be approved; 4. That effective July 1, ~017 the payments related to ''1 0°/o Soft Services" as provided for by the Seaton Financial Impacts Agreement dated November 26, 2015 be increased by 3.9 percent; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Development Charges Act 1997 and Ontario Regulation 82/98, ·and By-law 7324/13 provide for an automatic annual adjustment to the City's development charges based on the Non-residential Building Construction Price Index in order to keep development charges revenues current with construction costs. The Non- residential Building Construction Price Index for the current indexing year is 3.9o/o. Adoption of the recommendations of this report will put into effect the higher rate for the period of July 1 to December 31, 2017. It is anticipated that the current DC By-law will be repealed on January 1, 2018 due to the fact that the City would have completed its 2017 DC Background Study. Attachment 1 provides the DCs by service category for the City-wide area in Pickering excluding the Seaton Lands, and the new rates with the 3.9o/o indexing. FIN 12-17 Subject: Annual Indexing and Development Charges for City-Wide and Seaton Lands June 5, 2017 Page 2 Attachment 2 provides the DCs by service category for the Seaton Lands, and the new rates with the 3.9% indexing as well as additional charges applicable to development in Seaton as approved in the Seaton Financial Impacts Agreement (FIA). Financial Implications: Increasing the development charges based on an increase in the construction price index will assist in keeping the revenues generated in line with current costs. Discussion: As provided for in Ontario Reg. 82/98, s.7, and in section 16 of the City's By-law 7324/13, the development charges charged by the City for all types of development may be indexed annually without amending the By-law. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2017 thereby assisting in keeping revenues in line with the costs that development charges fund. , Statistics Canada indicates that the Non-residential Building Construction Price Index (an indicator of our costs of construction) for the Toronto area has increased by 3.9°/o from March 31, 2016 to March 31, 2017. The change is reflected in the tables attached. Continuing from previous years, City staff are including in the DC annual indexing report a Seaton DC section based on the Seaton FlA. Sections 4 - 6 of the FIA outline the DC-related financial terms of the agreement. Note that of all the three services collectible based on the Seaton FIA, the "1 0°/o Soft Services" is the only service to be indexed. Attachment 3 provides the further details on these charges with the 3.9°/o indexing. The Seaton DC rate is lower than the City-wide DC rate to reflect the fact that the Seaton Landowner Group (SLG) is responsible to design, build. and pay for the Seaton internal roads network. Upon Council's approval of the recommendations contained in this report, the development charges brochure will be updated to reflect the approved rates. The updated brochure will be posted on the City's website and made available at various counters throughout the Civic Complex. Attachments: 1. City-Wide Development Charges (excludes Seaton Lands) 2. Seaton Lands Development Charges and Financial Impacts Agreement (FIA) Charges 3. Seaton Lands Financial Impacts Agreement (FIA) Charges, Section 5.1 113 ........ ........ m DC By-law No. 7324/13 Service Category Development-Related Studies Fire Protection Parks Development & Trails Indoor Recreation Facilities Library City of Pickering Seaton Lands Development Charges and Financial Impacts Agreement (FIA) Charges Development Charges By-law No. 7324/13 and FIA Article 5 Effective July 1, 2017 Per Residential Dwelling Unit By Type Non-Residential Charges Apt Dwellings Apt Dwellings Non-Residential per Prestige Employment Singles or Semi-with 2 or with less than Other Sq. Ft of Total Floor Land in Seaton (per Detached more bdrms 2 bdrms Dwellings Area 5 Net Hectare) $196 $104 $76 $155 $0.08 $2,707 645 342 251 512 0.28 8,757 1,776 938 688 1,408 0.15 4,570 3,697 1,954 1,433 2,932 0.31 9,521 889 471 345 705 0.07 2,291 Operations Facilities & Vehicles 596 315 233 472 0.26 8,023 Transportation 1 Stormwater Management Total DC By-law No.7324/13 SLG FIA 1 0% Soft Services 2 Non Indexed Municipal Buildings 3 Community Uses 4 Total SLG FIA Total Charges-Seaton Lands 0 0 0 0 '0.00 0 418 219 162 330 0.18 5881 $8,217 $4,343 $3,188 $6,514 $1.33 $41,750 Per Sq. Ft of Total Floor Area $777 $355 $355 $616 $0.09 $0.09 189 86 86 150 n/a n/a 300 137 137 238 n/a n/a $1,266 $578 $578 $1,004 $0.09 $0.09 $41 ,750/ha & $9,483 $4,921 $3,766 $7,518 $1.42 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. 2 See Attachment 3 for breakdown by service category. Not applicable to lands owned by the Province. For residential development, $0.09/sq. ft payment is due at subdivision registration except for mixed-use or multi-use or multi-residential development blocks subject to site plan approval. For all other development, payment is due prior to building permit issuance. Subject to annual indexing. 3 Applicable to the first 11,280 S.D.Es built on SPL Lands, due prior to building permit issuance. No indexing 4 Applicable to the first 11,280 S.D.Es built on SPL Lands to a maximun payment of $3.3 million; due prior to building permit issuance. No indexing 5 Does not apply to prestige employment land in Seaton, as that development is subject to the per net Ha land area charge instead. Applies to non-residential development in the non-prestige employment land in Seaton. I ~ -·f ).> () :r.: 3: m z ~,, ~ -I 0 7.1 rn "TJ 0 ;.:J -t t -Py -~ 1 1 8 /! . .L ----L~-j J J A L··"'g PlCKERlNG From: Stan Karwowski Director, Finance & Treasurer Report to Executive Committee Report Number: FIN 13-17 Date: June 5, 2017 . Subjec~: Development Charges Reserve Fund -Statement of the Treasurer for the Year Ended December 31, 2016 · Recommendation: That Report FIN 13-17 of the Director, Finance & Treasurer respecting the Development Charges Reserve Fund be received for information. Executive Summary: Section 43 of the Development Charges Act, 1997 (the "Act") requires that the Treasurer provides Council with a financial statement relating to the development charges by-law and reserve fund established for each service as established under Section 33 of the Act. On December 3, 2015, the Province passed Bill 73 which amended the Act to add additional reporting requirements. The Treasurer's Statement attached to this report has been expanded to comply with the new reporting requirements. Attachment 1 provides details of the activity of the Development Charges Reserve Fund for the year ended December 31, 2016 in the manner prescribed by section 43(2)(a) of the Act. Attachment 2 provides details on information related to assets funded by the development charges by-law as stipulated by section 43(2)(b) of the amended Act. The amended Act introduced a new section: 43(2.1 ), which now requires Council to ensure that the Statement is made available to the public. The Statement will be posted . on the City's website to facilitate compliance with the amendment. . Financial Implications: Starting from 2011, and continuing into 2016, new development in the Duffin Heights neighbourhood has resulted in a spike in development charges revenues. The Reserve Fund remains at a healthy balance of approximately $43.3 million pending future use of funds for qualified projects. The funds are well managed with investment returns consistently exceeding market indicators. Investment income is added to the balance of each fund as such income is earned. ........ I'.) 0 City of Pickering 2016 Statement of the Treasurer-Development Charges Reserve Fund Services to which the Developemnt Charges Relates 100% Recovery (Non-Discounted) 10% Statutory Deduction (Discounted) F S . Roads& Operations Storm Water Parkland Dev Recreation Library: Studies Facilities & Description ue erv1ces Related Services Mgmt & Trail Facilities Materials $ $ $ $ $ $ $ $ Opening Balance, January 1, 2016 · 954,589 21,169,092 238,201 2,546,649 13,922 5,200,445 8,589,224 2,229,497 Plus: Development Charges Collections 174,264 1,502,486 161,475 112,755 53,001 436,280 908,493 218,618 Interest Income-Internal Investments 2,472 54,813 617 6,594 36 13,466 22,240 5,773 Interest Income -External Investments 12,603 279,484 3,145 33,622 184 68,659 113,399 29,435 -------- Sub-Total 189,339 1,836,784 165,237 152,971 53,221 518,404 1,044,132 253,826 Less: Amount Transferred to Capita] Funds 1 (86,304) (1 ,066,336) (192,640) (28,972) -(298,998) (67,160) - Amount Transferred to Current Funds 1 ----(97,016) --- Sub-Total (86,304) (1,066,336) . (192,640) (28,972) (97,016) {298,998) (67, 160) - Closing Balance, December 31, 2016 before Budget Commitments 1,057,624 21,939,540 210,797 2,670,648 (29,873) 5A19,851 9,566,195 2,483,323 Less Budget Commitments L (691,891) (11 '111 ,854) -(1,557,669) (105,739) (111,812) (143,138) - Closing Balance, December 31, 2016 after Budget Commitments 365,733 10,827,686 210,797 1,112,979 (135,612} 5,308,039 9,423,057 2,483,323 See Attachment 2 for details 2· Budget commitments include capital projects previously approved, but have not proceeded or still ongoing. The Information contained in the 2016 Development Charges Reserve Fund Statement is in compliance with Section 59.1 (1) of the Development Charges Act, 1997, as amended. DC Act S 43 (2)(a) Total $ 40,941,619 3,567,372 106,011 540,530 - 4,213,913 (1 ,740,411) (97,016) (1,837,427) 43,318,105 (13,722..103) . 29,596,002 I I )> --1 -1 )> (") :c 3: rn z --1 F~ --1 C" 73 iTl "") C> ;.;.:J ~ =!4: P' ~e:_ --, '-A: -L ~ 122 ~~~Ct4J PJCKER1NG From: Stan Karwowski Director, Finance & Treasurer Report to Executive Committee Report Number: FIN 14-17 Date: June 5, 2017 Subject: Investment Portfolio Activity for the Year Ended December 31 , 2016 Ontario Regulation 438/97 under the Municipal Act, 2001 Recommendation: It is recommended that report FIN 14-17 of the Director, Finance & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2016 be received for information. Executive Summary: The following report and attachments represent a summary of the investment activity and year end balance in the portfolio. Investment activity for the year 2016 totaled approximatefy $295.3 million with a year end balance in the portfolio of approximately $112.4 million. Current Fund investments are limited to one year or less and Reserve Funds to 10 years or less under the Council approved policy. As discussed below, overall returns on the City's portfolio remain low due to continued low interest rates during 2016, however, the returns still compare favourably to market benchmarks. Over the last decade, the City's returns have generally exceeded comparative market benchmarks. Financial Implications: Total investment income, including bank account interest for 2016 was $1.42 million (2015-$1.47M) of which $421,000 (2015-$405,000) was for Current (Operating) Funds. The balance of the income was allocated to the various reserve funds. Discussion: The City's investment portfolio is comprised of two main components: (i) Reserve Funds; and (ii) Balances available in the Current Fund, when not required to meet current operating expenditures. This latter balance can vary greatly depending upon many factors including the timing of the receipt of property taxes and levy payments to the School Boards and the Region. FIN 14-17 June 5, 2017 Subject: Investment Portfolio Activity for the Year Ended December 31, 2016 Page 2 Ontario Regulation 438/97 under the Municipal Act, 2001 Investments are undertaken as one consolidated pool of funds and interest earned is credited back to the appropriate funds. The Treasurer of the City of Pickering is required under Provincial Regulation 438/97 to report certain information and opinions to Council. The schedules to this report are included as part of that Regulation's information requirements. The portfolio balance at Decemb~r 31,,2016 of $112.4 million (2015-$112.2M) is comparable to the prior year. The return on the portfolio maintained with Nesbitt Burns decreased in 2016 with a weighted yearly rate of return of 0.84o/o (2015-1.36°/o) on the combined short-term and long-term investments. This was a result of the interest rates remaining at all time lows throughout 2016. The net performance on TD Wealth's portion of the portfolio for 2016 was 1.27%> (2015-1.18o/o). This slight increase is attributed to the types of investments being held. The portion of the portfolio invested with TD Wealth primarily consists of one year Guaranteed Investment Certificates (GIC). Interest rates are higher than the interest rates for Banker's Acceptances and the one year term protects the City from fluctuations in interest rates, but GIG's are less liquid than these other investment instruments. The City has earmarked some funds to be invested over the summer in the One Investment Program -Corporate Bond Portfolio which will allow the City to take advantage of higher risk investments thus leading to increased rates of return while the rates remain at all time lows. · Investment parameters are narrow due to the Municipal Act and Regulations limiting the selection of qualified investments for municipal entities. Furthermore, staffs approach tends to be conservative, given that they are investing public money. Notwithstanding these restrictions, the annual returns from both Nesbitt Burns and TD Wealth outperformed the annual returns for the CIBC World Markets 91-Day T-Billlndex (0.50°/o) and the Morningstar Canadian Money Market Mutual Fund Index (0.32°/o). These indices are deemed to be comparative benchmarks for reviewing the portfolio's performance and are considered the standard for analysis of investment funds in the industry. The average return on interfund investments (internal loans) was 2.38°/o (2015- 2.51 °/o). At year end 2016, the total portfolio of approximately $112.4 million, consisted of approximately $48.2 million or 42.9°/o in external long-term investments and approximately $3.5 .million or 3.0o/o in lnterfund Investments (Internal Loans). The balance of approximately $60.7 million is short-term investments due.within the year. All investments were made in accordance with the Investment Policy approved by Council. 123 __., ....., m CITY OF PICKERING INVESTMENT ACTIVITIES FOR 2016 Financial Purchase Maturity Institution Instrument Cost Principal Yield Term Date Date Bank of Nova Scotia BA 5,784,859 5,795,000 0.703% 91 19-Dec-16 20-Mar-17 Firstbank BA 8,341,302 8,354,000 0.678% 82 28-Dec-16 20-Mar-17 TD Wealth Royal Bank of Canada GIG 2,040,968. 2,040,968 1.350% 365 26-Jan-15 26-Jan-16 HSBC Trust Company GIG 2,015,803 2,015,803 1.350% 365 23-Feb-15 23-Feb-16 Bank of Nova Scotia GIC 35,220 35,220 1.200% 366 25-Aug-15 25-Aug-16 Bank of Nova Scotia GIC 2,059,700 2,059,700 1.200% 366 25-Aug-15 25-Aug-16 Bank of Nova Scotia GIC 2,068,521 2,068,521 1.400% 366 26-Jan-16 26-Jan-17 Royal Bank of Canada GIC 2,043,016 2,043,016 1.400% 366 23-Feb-16 23-Feb-17 · Royal Bank of Canada GIC 2!1201059 2!120!059 1.350% 365 25-Aug-16 25-Aug-17 Total Short term 266,365,150 266,782,771 Long Term Nesbitt Burns Royal Bank of Canada 3,808,338 3,665,000 2.770% 1,058 18-Jan-16 11-Dec-18 Royal Bank of Canada Sr Dep Note 3,812,533 3,791,000 2.070% 151 18-Jan-16 17-Jun-16 Province of Ontario Series 2,791,841 2,712,000 2.100% 906 16-Mar-16 8-Sep-18 Bank of Montreal Fixed Rate Dep. Note 1,938,875 1,857,000 3.210% 911 16-Mar-16 13-Sep-18 Bank of Montreal Fixed Rate Dep. Note 3,788,326 3,722,000 2.240% 538 21-Jun-16 11-Dec-17 Toronto Dominion Bank Deposit Note 1,842,698 1,790,000 2.447% 868 15-Nov-16 2-Apr-19 CIBC Deposit Note 3,995,264 3,957,000 1.700% 676 2-Dec-16 9-0ct-18 CIBC Deposit Note 3,610,895 3,522,000 2.350% 927 9-Dec-16 24-Jun-19 Bank of Nova Scotia 5yr. Senior Dep. Not 3!6351968 3!543,000 2.400% 1,053 9-Dec-16 28-0ct-19 Total Long term 29,224,739 28,559,000 Total External Investments 295,589,889 295,341,771 lnterfund Investments {Internal Loans) Total Investment Activity 295,341 '771 Long Term Dispositions Nesbitt Burns Royal Bank of Canada 2,859,376 2,753,000 3.360% 712 29-Jan-14 11-Jan-16 Matured Royal Bank of Canada 4,987,922 4,886,000 3.360% 390 17-Dec-14 11-Jan-16 Matured Province of Ontario 3,075,803 2,794,000 4.400% 1981 5-0ct-10 8-Mar-16 Matured Bank of Montreal 2,019,055 1,940,000 3.100% 1626 27-Sep-11 10-Mar-16 Matured Royal Bank of Canada Sr Dep Note 3,812,533 3,791,000 2.070% 151 18-Jan-16 17-Jun-16 Matured CIBC Deposit Notes 1,887,732 1,848,000 2.650% 545 13-May-15 8-Nov-16 Matured Bank of Nova Scotia 4,088,764 4,006,000 2.740% 443 15-Sep-15 1-Dec-16 Matured Roy~BankofCanada 2,480,833 2,403,000 2.680% 1353 26-Mar-13 8-Dec-16 Matured Roy~BankofCanada 4,996!571 4!895!000 2.680% 722 17-Dec-14 8-Dec-16 Matured 30,208,589 29,316,000 Page 2 of 2 In conclusion, once I would once again like to highlight the following points; a) Our investment parameters are much narrower than money market funds. Government legislation governing Municipal Investments limits the selection of qualified investments. b) Within the portfolio, we have successfully blended a small percentage of investments with a time horizon exceeding 18 months. c) The account maintains an active pattern of cash in-flows and out-flows as a result of the nature of the cash-flow requirements of an entity like the City of Pickering. As a result, it can be difficult to execute a specific investment plan that is not highly liquid and flexible. d) While the current and anticipated interest rate environment is extremely important in shaping the composition of the account portfolio, we always endeavour to attempt to avoid making decisions that could be construed as market timing any changes in relation to Bank of Canada rate decisions. Sincerely, Andrew R. Geddes PFP1 CIM1 FCSI Vice President1 Portfolio Manager BMO Wealth Management~ BMO Nesbitt Burns Inc. CHARTERED INVESTMENT MANAG·!=R PFP" PERSONAL FlNANCIAL PLANNER <~::.::;::/ BMO Nesbitt Burns Inc. ("BMO NBI") provides this commentary to clients for. informational purposes only. The information contained herein is based on sources that we believe to be reliable, but is not guaranteed by us, may be incomplete or may change without notice. The comments included in this document are general in nature, and professional advice regarding an individual's particular position should be obtained. e"BMO (M-bar roundel symbol)" is a registered trade-mark of Bank of Montreal, used under licence. • "Nesbitt Burns" is a registered trade-mark of BMO Nesbitt Burns Inc. BMO Nesbitt Burns Inc. is a wholly-owned subsidiary of Bank of Montreal. Member-Canadian Investor Protection Fund. General Disclosure "BMO Capital Markets" is a trade name used by the BMO Financial Group for the wholesale banking businesses of Bank of Montreal and its subsidiaries BMO Nesbitt Burns lnc.1 BMO Capital Markets Limited in the U.K. and BMO Capital Markets Corp. in theU.S. BMO Nesbitt Burns Inc., BMO Capital Markets Limited and BMO Capital Markets Corp are affiliates. Bank of Montreal or its subsidiaries ("BMO Financial Group") has lending arrangements with, or provide other remunerated services to, many issuers covered by BMO Capital Markets. The opinions, estimates and projections contained in this report are those of BMO Capital Markets as of the date of this report and are subject to change without notice. BMO Capital Markets endeavours to ensure that the contents have been compiled or derived from sources that we believe are reliable and contain information and opinions that are accurate and complete. However, BMO Capital Markets makes no representation or warranty, express or implied, in respect thereof, takes no responsibility for any errors and omissions contained herein and accepts no liability whatsoever for any loss arising from any use of, or reliance on, this report or its contents. Information may be available to BMO Capital Markets or its affiliates that is not reflected in this report. The information in this report is not intended to be used as the primary basis of investment decisions, and because of individual client objectives, should not be construed as advice designed to meet the particular investment needs of any investor. This material is for information purposes only and is not an offer to sell or the solicitation of an offer to buy any security. BMO Capital Markets or its affiliates will buy from or sell to customers the securities of issuers mentioned in this report on a principal basis. BMO Capital Markets or its affiliates, officers, directors or employees have a long or short position in many of the securities discussed herein, related securities or in options, futures or other derivative instruments based thereon. The reader should assume that BMO Capital Markets or its affiliates may have a conflict of interest and should not rely solely on this report in evaluating whether or not to buy or sell securities of issuers discussed herein. 129