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Home My WebLink AboutFebruary 4, 2019Executive Committee Agenda Monday, February 4, 2019 Council Chambers 2:00 pm Chair: Councillor Butt 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. -C~c,f- Pl(KERJNG Executive Committee Meeting Agenda Monday, February 4, 2019 Council Chambers - 2:00 pm Chair: Councillor Butt (I) Disclosure of Interest Pages (II) Delegations (III) Matters for Consideration 1. Director, Community Services, Report CS 02-19 1-11 Repeal of Pickering Museum Village’s By-laws -Pickering Museum Village Advisory Committee -Pickering Museum Village Reserve Fund -Pickering Museum Management Board Recommendation 1. That By-law 563/77 establishing a Pickering Museum Village Advisory Committee be repealed; 2. That By-law 621/77 establishing the Pickering Museum Village Reserve Fund be repealed; 3. That By-law 653/77 establishing the Pickering Museum Management Board for the Pickering Museum Village be repealed; 4. That the Pickering Museum Village Advisory Committee be dissolved; 5. The Pickering Museum Village be added as a standing line item to the Cultural Advisory Committee; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca -Cd:Jof- p](KERJNG Executive Committee Meeting Agenda Monday, February 4, 2019 Council Chambers - 2:00 pm Chair: Councillor Butt 2. Director, Community Services, Report CS 03-19 12-15 Community Festivals and Events -Approval of 2019 Events in Esplanade Park Recommendation 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Ajax-Pickering Rotary Clubs from May 31 to June 2, 2019 (inclusive) for Ribfest, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on June 21, 2019 for Aboriginal Celebration Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 3. That Council authorize staff to issue a park permit for the use of Canadian Food Truck Festivals from August 9 to August 11, 2019 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4. That Council authorize staff to issue a park permit for the use of Esplanade Park by Frederica Black Events on September 21, 2019 for a Brew & BBQ Fest on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Community Services, Report CS 05-19 16-29 Municipal Highway Winter Maintenance Agreement -Mowbray Street (formerly Brock Road) in the City of Pickering Recommendation 1. That Council authorize the Mayor and City Clerk to execute a Municipal Highway Winter Maintenance Agreement with the Regional Municipality of Durham set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services, and the Director, Corporate Services & City Solicitor; and, -Cd:Jof- p](KERJNG Executive Committee Meeting Agenda Monday, February 4, 2019 Council Chambers - 2:00 pm Chair: Councillor Butt 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4. Director, City Development & CBO, Report PLN 02-19 30-42 City of Pickering Community Energy Plan Recommendation 1. That Council endorse the Low Carbon Pathway scenario in the draft Community Energy Plan (Energy Plan) in principle; 2. That Council endorse the Energy Plan’s recommendations that support a low carbon future save and except Recommendation #2 and Recommendation #3 as outlined in Attachment #1 to Report PLN 02-19; 3. That Council advise the Region of Durham that Pickering has serious concerns with Recommendation #2 regarding the creation of a new central entity to coordinate the implementation of the Energy Plan and instead recommends that Veridian Connections and Enbridge be jointly tasked to lead and coordinate the Energy Plan’s implementation, and requests the Region of Durham initiate discussions with Veridian Connections and Enbridge Inc. in this regard; 4. That Council request the Region of Durham to defer the Durham Green Standard Implementation Program in Recommendation #3 until such time as the building community in Durham Region has had an opportunity to assess the risks, barriers, and costs associated with implementing the Green Standard; 5. That Council authorize staff to participate in developing a five-year implementation plan for the six program areas and report back on the legal, financial and staffing implications of each program; and 6. That the City Clerk forward a copy of Report PLN 02-19 to the Region of Durham, local municipalities in Durham, Veridian Connections, Oshawa Power and Utilities Corporation, Whitby Hydro, Hydro One, Enbridge Inc., Building Industry and Land Development Association and the Durham Region Home Builders’ Association. -Cd:Jof- p](KERJNG Executive Committee Meeting Agenda Monday, February 4, 2019 Council Chambers - 2:00 pm Chair: Councillor Butt 5. Director, Corporate Services & City Solicitor, Report CLK 01-19 43-45 Update to Procedure By-law – Inclusion of Provisions regarding Pregnancy and Parental Leave for Members of Council Recommendation 1. That Report CLK 01-19 respecting an update to the Procedure By-law pertaining to provisions regarding pregnancy and parental leave for Members of Council be received; 2. That the draft By-law included as Attachment #1 to CLK 01-19 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 6. Chief Administrative Report CAO 04-19 46-65 Naming Rights Agreements Recommendation 1. That Council approve, in principal, the acceptance of $1.125 million from Chestnut Hill Developments in exchange for the naming rights of the Pickering Recreation Complex, in accordance with the sponsorship agreement (see Attachment No. 1). 2. That Council approve, in principal, the acceptance of $5 million from Lebovic Enterprises in exchange for the naming rights of the future Seaton Recreation Complex, in accordance with the form of sponsorship agreement (see Attachment No. 2). 3. That Council approve, in principal, the acceptance of $10 million from Triple Properties in exchange for the naming rights of the future Central Library, in accordance with the form of sponsorship agreement (see Attachment No. 2). 4. That the said sponsorship agreements (Attachment No. 1 and 2) are approved subject to minor revisions acceptable to the Chief Administrative Officer, and the Director, Corporate Services & City Solicitor. -Cd:Jof- p](KERJNG Executive Committee Meeting Agenda Monday, February 4, 2019 Council Chambers - 2:00 pm Chair: Councillor Butt 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. (IV) Other Business (V) Adjournment -Cd:Jof- p](KERJNG Report to Executive Committe Report Number: CS 02-19 Date: February 41 2019 From: Marisa Carpino Director, Community Services Subject: Repeal of Pickering Museum Village's By-laws -Pickering Museum Village Advisory Committee -Pickering Museum Village Reserve Fund -Pickering Museum Management Board -File: A-1440 Rec.ommendations: 1. That By-law 563/77 establishing a Pickering Museum Village Advisory Committee be repealed; 2. That By-law 621/77 establishing the Pickering Museum Village Reserve Fund be repealed; 3. That By-law 653/77 establishing the Pickering Museum Management Board for the Pickering Museum Village be repealed; · 4. That the Pickering Museum Village Advisory Committee be dissolved; 5. The Pickering Museum Village be added as a standing line 'item to the Cultural Advisory Committee; and 6; That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this ~eport. · Executive Summary: When Pickering Museum Village (the "PMV") was established in 1977, several By-laws were enacted in order to govern its operation. By-law 563/77; to establish a Pickering Museum Village Advisory Committee, was for the purpose of advising Council on matters of establishment, management and maintenance of the museum. By-law 621 /77, to establish a PickE;ffing Museum Village Reserve Fund, was for the purpose of setting aside monies to be used for the development of the Museum. And, By-law 653/77, to establish a Pickering Museum Management Board, was in furtherance to undertaking the establishment of a public historical museum, In the 40 years that have passed, the PMV has grown to become an award winning,. living history museum that offers hundreds of heritage programs, events and services to thousands of visitors annually within a quaint pioneer village featuring 17 heritage buildings spanning from 1810 to 1920. Today, the Pickering Museum Village is operated with the support of 7 full-time staff and approximately 25 part-time staff who manage daily operations, capital projects and strategic developments subject to Council approved operating and capital budgets. Over the years, Council has continued to demonstrate its high level of financial s.upport by funding various capital 1 2 Report CS 02-19 february 4, 2019 Subject: . Repeal of Pickering Museum Village's By-_laws proj~cts such as the Conservation Barn and Heritage & Community Centre that negate the need · for any speciai reserve or reserve fund funding. Clearly, over the· past 4 decades, the need for an Advisory Committee and Museum Board has waned as·the development, management and maintenance of the PMV is now largely drawn from · the expertise and knowledge of in-house staff who are industry experts. In essence, the work of the Museum Board and Advisory Committee as enacted in 1977 is complete. PMV .staff currently have the ability to directly advise Council on matters of museum management and strategic development through the investment of qualified industry professionals employed by the City of Pickering. As such, this report recommends a repeal of PMV By-laws which are no longer reflective of curre17t and evolving practices. This. report also recommends the dissolution of the Pickering Museum Village Advisory Committee ·and realignment of regular reporting practices to th.e Cultural Advisory Committee. Financial Implications: The recommendations in this report have no financial impact to the City. The City of Pickering receives approximately $39,000 in operational funding for the PMV annually from the Government of Ontario, which requires the PMV to follow standards for community · museums in Ontario. City staff have confirmed with the Provincial Program Officer of the Community Museums Operating Grant that establishing the PMV as a standing item on the Cultural Advi,§>ory CQmmittee would retain the City's eligibility in the annuaf funding program. ' ' Discussion: When the PMV was established in 1977, Council enacted. several By-laws to govern its operation. In the 40 years that have passed, the PMV has progressed in both · governance and management by participating in the Ontario standards for community mu~eums program; bringing in museum staff that are qualified museum professionals; and, employing more advanced forms of planning including the PMV 5 year Strategic Plan (2018-2023) and the Cultural Strategic Plan that iden.tify priorities ·for the PMV. This growth has made these By--laws obsolete and/or redundant. As such, this report seeks Council's approval.to repeal By-laws 563/77, 621/77 and 653/77. When the PMV was established in 1977, the Pickering Museum Village Advisory Committee was established by way of By-law 563/77 for the purpose of advising Council on matters of_ establishment, management and maintenance of museums within the City of Pickering. Since that time, the Pickering M~seum Village Advisory Committee has played a valuable role in advocating for, and professionalizing the_ PMV. The Committee has advised staff tnrough several strategic planning cycles which has resulted in a_foundation of strong museum policy and practice that has shaped museum operations. · ' However, since that time, the governance and management structure of the PMV has shifted to be predominately led by dedicated and qualified City staff who are responsible for museum management, strategic planning, policy development,. collections and conservat.ion, public and. education programs, volunteer development, seasonal and summer programs, facility maintenance, capital and infrastructure projects,. facility rentals and fi!n1ing. These staff are Report CS 02-19 February 4, 2019 Subject: Repeal of Pickering Museum Village's By-laws industry professionals with relevant expertise to manage a dynamic living history museum. In fact, . the Supervisor, Museum Services and 2 supporting museum staff have Masters Degrees in their field of study; many other museum staff have applicable post graduate certificates/degrees in heritage studies and/or teaching certificates; and all museum capital projects are led by the Manager, Facilities Capital Projects who is a licensed architect.. As a result, the PMV Advisory Committee _mandate and terms of reference has changed and now . directly relies on the input of museum staff who are responsible for those operational areas. Also, the most recent call for_ applications to the PMV Advisory Committee unfortunately resulted in approximately in only 6 candidates eligible for consideration, for a total 9 vacancies. This level of interest was despite staff1s efforts to broadly promote the citizen appointment opportunity with education institutions, heritage associations/networks-, through direct e-blasts and on social media. To be clear, limited membership to the Advisory Committee makes meaningful discussion and broad-based citizen input difficult. Despite the steadfast support of the PMV by the Pickering community, the waning interest to join the PMV Adyisory Committee is compounded by historic patterns of committee member absences ·from meetings through the year.. Clearly, the· purpose of By-law 563/77 to advise Coundl in matters of establishment, management and maintenance of museums within the City of Pickering is now complete. The PMV is now fully. established and is managed and maintained by a full complement of City staff who are industry profe~sionals with the relevant expertise. For this reason, staff seek Council's approval to repeal . By-.law 563/77 which established a Pickering Museum Village Advisory Committee. As a • demonstration of the City's continued commitment to citizen engagement, accountability and transparency, while planning for innovation, competition and growth, Pickering Museum Village will be a standing agenqa item to the Cultural Advisory Committee. The PMV was included as a key component of the Cultural Strategic Plan, and the PMV 5 y~ar Strategic Plan (2018-2023) aligns with the priorities of the Cultural Strategic Plan. Should a specific museum project arise which would benefit from the input of community and industry-experts, staff will strike a project steering committee for a designated dur~tion - a model working successfully with the Age Friendly Community Steering Committee. · ,_ When the PMV was established in 1977, the City of Pickering also enacted By-law 621/77 which created a reserve fund for the development of the ·Museum. Due to· the inactivity of the reserve fund and the evolution of the PMV over the past 40 years, staff recommend repealing By-law 621/77 which established the Museum Reserve Fund. The PMV is supported by the City's· annual operating and capital budgets, as approved by Council as part of the annual budget process. Council h_as demonstrated its high level of financial support by funding various capital projects such as the Conservation Barn and Heritage & Community Centre that negate the need for any special reserve or reserve fund funding. The PMV also receives grants and subsidies from ·various Federal and Provincial grants, ir, addition to project specific donations from the Pickering Museum Village Foundation. Lastly, when the PMV was established ii') 1977, the City of Pickering enacted By-law 653/77 which. established the Pickering Museum Management Board in furtherance to establishing a public historical museum. The Museum Management Board is currently inactive. With a growing team of professional staff managing the Museum, the Management Board is no longer required for the effective management of the Museum. 3 4 Report CS 02.,19 February 4, 2019 Subject: Repeal of Picke_ring Museum Village's By-laws The Pkkering Museum Village Foundation is a charitable organization with its own, independently elected Board of Directors. As such, they are responsible for the decisions and activities of the Pickering Museum Village Foundation, and accountable to the Canada Revenue Agency as a registered charity. The Pickering Museum Village Foundations' activities as they relate to the Ontario Lottery and Gaming Corporation Act are monitored by the City of Pickering's Legislative _Services Division. Given the governance structure of the Pickering Museum Village Foundation and subject to· the dissolution of the Pickering Museum Village Advisory Committee, eligible funding requests to support Museum projects and. initiatives will .be made directly by City staff to the Pickering Museum Village Foundation for their consideration. Attachments: 1. By-law 563/77 2. By-law 621/77 ·3. By-law 653/77 4. Pickering Museum Village Advisory Committee Terms of Reference .Report CS 02-19 February 4, 2019 Subject: Repeal of Pickering Museum Villag·e's By-laws Prepared By: \ . Laura Gibbs,. A, MSc. Supervisor, Museum Services MC:lg Recommended for the consideration ofPickeu Tony Prevedel, P.Eng. Chief Administrative Officer Approved/Endorsed By: Marisa Carpino, MA Director, Community Services Stan Karwowski, CPA, CMA, MBA _Director, Finance & Treasurer 5 6 ATTACHMENT #.....1. TO REPORT#.lfiO.;} ~ l CJ ·BY:-LAW ·NUMBER ;:;b -s/ 77 A By-law .of th~ 'Mu;nicipality of the ',J:'Q'.';!h of P:i,.¢~e,ri·ng t;o establish a ,Mu$.~uin Advisory: Committee .• :w:HEBEAS .p:urs-u~t to t..lie provisions of Section 242 of the Mun.i:~;p~:!-_.Ac.t, R.S:-0• 197-0, chapter 284, r.lre Cou..T1cil of every local -.. m}ln\i:cipa·l.:ity may, pass_-?uch by-law and make such regulations for the heal-th, .saJety, morality and welfare of the inhabitants of the l!lUni.cipaJity • . ~ .. " NOW THEREfORE the Council of the Town of Pickering enacts as follows: 1. A Connnit;te.e s.hall be· es·tablished to be known as t.he Town of .Pickering Museum Advisory Committee. 2. The T9W1;1 of Pickering Musewn Advisory Commitcee shall ao.vi_s~ · Coµnc;i.l in matters of establish:nent, management and maint~an~e of museums within the Town of Pickering. By-law read a FIRST, SECOND and THIRD time and PASSED this __ J.,._1("11---day 0£ --'--tnJtl)v~---' 1977. ATT~CHMENT#.l1_TOREPORT#J}~'i.. OJ-1C1 T$ ~O~ORN;l!ION O,F .. THE TOWN OF PlJ.3ERING BY-LAW NOMBER i;·lJ {1,7 I Being a By-law to establish and maintain a resei-ve fund for Mussum. development WHE.~AS pursuant to the prL .tisions of subsection l of secti0n 308 of ',l'he Municipal Act, R~s.o. 1970, c. 2841 as amended, every municipality may pzo~ide for the establishment or maintenance of a reser,,~ ftllld for any purpos·e for which has the authority to .spend funds; A.."lP WHB:REAS pursuant to the provisions of p.1:ragraph 74 (?f section 152 of.the said Act, the Council of the Corporatior of the Town of Pickering has enacted Ry-law Ngmber /77 for th~ ~peration of a Museum; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1 .. 2. 4. 5. A reserve fund shall be established and mcintained for the purpose of setting aside any monies received from the expropriation of or for compensation resultipg from the expropriation of Museum properties by the Federal Government as well as all other monies that may.be received from ti.me to time for Mu5eu.m purposes. All monies so received in each year shall be deposited in a special bank account designated "Reserve Fund·-Museum Development" on or before December 31st in thac year, and may be invested in such securities as the Trustee may invest under .The Trustees Act, and the earnings derivea from the invest~ent of such monies shall form part of the reserve fund. All monies· forming part of the Reserve Fund.-Maseum Development shall be-used for the development of the Town of Pick~ring Museum. Notwithstanding the provisions in section 3, abcve, any monies forming part of the Feserve Fund -M1lseu:m Development may be expended, pledged or applied for any purpose other than that for which the fund is established with the· consent of at least two thirds of the members of Councilo The Auditor in his annual report shall report on the activit.ies and position of the F2serve P.u.nd -Museum tevelopment. By-law ~ead a first, second and third time and PASS~D bi v_ d f · ·; 197·7 this M,,., ay o ·· ~¥i..,t,, , • i Adm.inistrator-Cierk 7 8 ,• ATTACHMENT#~ TO REPORT#~~~Y..OJ-l9 •.: · .'Bel~g a :By-law .'t.b :appo~t· a B.oard of . ' Man~~e~nt .fo,r· .. the P i~erin~. Mus·e~ , , ,.·· ~JIB~: p~su~·~··to· the·,.~rqy~sions· of parag;raph 74 of . ,se~tiolJ:. 35'2, :o;f··.Tti.'e .~µnic'ipcµ ·Act, '.R..'S ;Q. 19.70, chapte.r 2 84, a_s, ~.nded/_by,:--'~~\e)nay bEf,pa~sed· ·by._ t11e coUh~.ils of all· ~µrifoi'i:ialit,:i•ea:.:·,appqirit.::ing a .. Boax:-d .qr' Management for any, under-. :1:ak~'ng ·referr:ea· .. to ,t¥>,erein; . . . , ·' ,'. \ .ANi• WBE.ItE:A,S p~suari.t to th~·· provisions of this said section, : ~h.e··coun*il o;f',._the· _Corporation'' of the: Town of Pickeri~g passed ·ay'-:_la"7 Number ·.f/)20/77 · on the:.6th day.· of. Jun~, 1977 establishing .. W~•!-:hiri. ··the Munlci-pali°-ty· ·a· ·'.public. historical mus·ewn; •' T .=. .· : • ! t • • , • '• . ,• AN1J ._WHE;R,EAS, it: 'is,::now ·:·a~~~d d~sirabl'e. to ar,point a Board ·.; of -Ma:0agement. in·· furth~rance ·ot· that undertaking; . . ' ' ·•.. . . . ·. . 3. . ~,. A Board ·.of. M~nagen(ent for, the Town of p ick,ering ~~liq·. H;is.t;oiical' · Mu~eum shall .. be established and .'.sha.-11· be .known :as· The ·Pick~ring Museum Management . Board~ . · ';['h:e: P:i,:ckering .Museum Managemerit .Board· shall be compcise.d ·9t· .;:;ix: {6) :persons r at ,lea·st two ·of whom sh!3,J:l · b.e ·. me_nibers• of the Council ,of. the Corporation 0 f . the' ~own; o,f. P id].;:e'r;n<;)' .. From th~ ·a.ate' of. .passage of this by-law Wltil and 'inclu9~.µg th~ ' 3}.:st: ·day 'o,f . De,cemb~r I l 9 7.7, the . pe·tsons :comp':)s•:i;ng·· t.he .Pickering Museum Management Boa~d· shall pe: , . · -M~yor J~ck -Andeison · , Co~c:Hlor. Laµrie' Cahill . · .. Council:J;or ... ~rr,y .Fisher · .' go~<;:illqr ·:·0pn. Ki fohen .council;lo·r. Ken ·Matheson Councill'or·~lex·Robertson. From,::·the: date 6~ passage. of: t:his by-law until and . in.clu,ding· the. ~1st day of D~.'ceinber ~ 19.77 · the Chail!1llan of. the: Pi~kering ·.Mu_seum Management Board shall be -Mayor Jack ~nderson,~ ATTACHMENT#_:j_TOREPORT#~ __ 0Q-l9 Terms of Reference Pickering Museum Village Advisory Committee 1.0 . Mandate The Committee is charged with the.responsibility of giving guidance to, and advising the City through City staff with respect to the.sustainability, both long and short term, and general operation of the Pickering Museum Village. 2.0 Goals, Objectives and Responsibilities • Development and regular review of the PMV Strategic Plan that aligns c;ill short and· long-term goals with the museum's-Vision, Mission, Mandate and Statement of Purpose • Prepare an annual work plan for the Pickering Museum Village Committee, linked with the PMV strategic plan, which is submitted to City Council annually • Prepare, submit, and present an annual report that summarizes the Committee's progress on· the approved annual work plan which is submitted to City Qo.uncil annually • On an ongoing basis, review the PMV's plans, policies, procedures and · standard operating procedures against the Ministry of Tourism, Culture and Sport's expected Standards for Community Museums, and recommend and support revi~ions as appropriate • Recommend restoration and capital expenditure projects to the City and the Pickering Museum Village Foundation for fundi_ng • Review annually, provide comments and recommendations to the City of Pickering on the proposed current and capital budgets of the PMV in accordance with the-future goals and approved Strategic Plari and committee work plans •· Receive and approve the reports from designated subcommittees • Receive the-report from Chair of Pickering Museum Found~tion at each meeting Specific Member Responsibilities • Pr~vide a clear Criminal Reference Check and Vl;llnerable Sector Screening • On an ongoing basis, act as Ambassadors of the PMV and actively promote its' programs, activities and special events • Prepare for and attend all PMV advisory committee meetings • Attend muse!Jm Volunteer Orientation seminar once every two years • Participate in a minimum of five special event days and/or work days thereby assisting and supporting the staff and other volunteers in the operation and pre$entation of events and activities on site and. at other locations, i.e. public presentations • Member attendance at the Committee meetings, training and event/work .days will be provided to the Facilitator. At the discretion of the Facilitator, a 9 10 recommendation on the continuation of the absent member on .the Committee will be reported to the Clerk's Office for their consideration • Participate in training ·and education programs designed to upgrade the · knowledge and skills of the member in regard to current trends, processes, standards for prudent and professional management and operation of the museum. Share and disseminate learning to others through prese·n{ation of materials/information acquired at the training sessions. Apply learning in the best interests· of the museum • Members will participate on sub-committees as required. Standing sub-committees will be facilitated by city staff and will carry out specific functions, which are not limited to: Volunteer recognition, collections·, large capital projects, special events, and programs. Additional sub-committees may be formed based upon activity and need 3.0 Standing Sµb-Committees Resp~nsibilities and Activities Collections Committee • Will be responsible for reviewing and making recommendations regarding the developme_nt, management and care of the museum collections • In consultation with the Coordinator, Museum Operations, prepare a work plan for the ongoing inventory of the niuseum collection · • Support initiatives to develop staff and _volunteer training programs and processes regarding the use, care, and preservation of artifacts • Support and assist staff with the development and review of plans, policies and procedures related to artifact eollection management and development, and conservation • Support and assist staff with collections..:related projects that put museum . policy and plans into practice . • Prepare and present work plan and report on ~ctivities to the PMV Advisory · Committee at each full Advisory Committee meeting Site Improvements Committee • Support and assist staff to identify and prioritize.large capital projects • Main_tain a project, list by priority, prepare work plan an~ cost benefit analysis · • Work with identified City and Foundation representatives to prepare details of project plan · • Present list to_ Advisory Committee and staff members and work with City and Foundation to identify appropriate projects for general capital funtjing and special projects outside of general operational work to present to the Foundation for funding • Prepare and present project plans and report on activities to the PMV . Advisory Committee at each full Advisory Committee meeting Volunteer Recc,gnition Committee • · Review and prepare volunteer recognition 11kudos" for circulation to volunteer team • Maintain a data base of volunteer achievements for recognition and award reference purposes • · Review requirements for awards nominations, gather supporting documentation, and prepare draft of nomination for staff review, approval and submission • Review and make recommendations regarding the PMV Volunteer Service and ·Recognition Program • Sµpport and assist staff with the development and review of plans, policies . and procedures related to volunteers . • Plan, develop, and coordinate annual recognition and awards reception • Assist and support volunteer training seminars and workshops, including the development of trainin.g presentations and programs· • Prep~ire and present work plan and.report on activities to the PMV Advisory_ Committee at each full Advisory Committee meeting · 4.0 Composition 9 Citizen Appointments, no new appointments to be made-Within the last year of a committee term, unless requested by the committee. The committee requests council to consider that committee members serve no longer than 3 consecutive terms 5.0 Member Qualifications Members should have previous experience, knowledge and expertise related to museum operations, marketing, board operation, heritage sites, artefacts, heritage architecture and/or structural engineering, grant writing for culture related initiatives, and/or a relatable skill set that.is applicable to the Pickering Museum Village. 6.0 Meeting Schedule The Pickering Museum Village Advisory Committee meets monthly. Established meeting dates -and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless d~termined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall be held until such time as a new committee is appointed. At the discretion of the committee meetings may not be held after September 30th if determined by the Committee that a meeting is unnecessary to fulfill the mandate or work plan of the Committee. 6.0 . Budget The committee has no operating budget, but advises on the Pickering Museum Village current and capital budgets, as part of the annual budget process. · 11 12 From: Marisa Carpino Director, Community Services Subject: ·Community Festivals and Events -Approval of 2019 Events in Esplanade Park -File: A-1440-001 Recommendation: Report to Executive Committee Report Number: CS 03-19 Date: February 4, 2019 1. That Council a·uthorize staff to issue a park permit for the use of Esplanade Park by Ajax-Pickering Rotary Clubs from May 31 to June 2, 2019 (inclusive) for Ribfest, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on June 21, 2019 for Aboriginal Celebration Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 3. That Co~ncil authorize staff to issue a park permit for the use of Canadian Food Truck Festivals from August 9 ·to August 11, 2019 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services an·d Chief Administrative Officer;· · 4. That Council authorize staff to issue a park permit for the use of Esplanade Park by Frederica Black Events on September 21, 2019 for a Brew & BBQ Fest on terms and conditions satisfactory to Director, Community Services ·and Chief Administrative Officer; and, 5. That the appropriate officials of the. City of Pickering be authoriz~d to take the necessary actions as indicated in this report. Executive Summary: The Comm~nity Festivals and Events Policy CUL 070 (the "Policy") outlines the criteria, guidelines and processes by which requests to host private and/or public events in City Parks are received and considered for approval. Prospective applicants are supported by the Community Events staff team and the Community Festivals & Events Manual which provides key information, timelines and required documentation to apply for events in City parks. · As per section 05.02(b) in the Policy, the permitting of Esplanade Park for public events is subject to the approval of Council. Therefore, the purpo~e of this report. is to seek Council endorsement of public events pr'oposed to take place at Esplanade Park in 2019 which includes Ribfest, Aboriginal Celebration Day, Pickering Food Truck Fesitival and, new in 2019, Brew & BBQ Fest. cs 03-19 Subject: Community Festivals and Events Policy February 4, 2019 Page 2 Financial Implications: Applicants are responsible to coordinate and operate all aspects of their events including marketing, event organization and operation, set up, and clean up according to the terms· and conditions set out by the City of Pickering. · Applicants are also responsible for all costs associated with application fees including park permit fees, table rentals, garbage/recycling receptacles, etc .. (as per the Summary of Fees and Charges Schedule) and the costs associated with paid duty police officers and/or contracted security gua,rds as required by the City. · For events with attendance greater than 1,000 guests, City staff are ih attendance to oversee weather and emergency operations, check that conditions of the agreements are being met, and to provide·a City staff contact during event operations. To be clear, in-kind City staff resources are contributed with each event in order to facilitate and support the event planning, implementation, set up and clean up. · Discussion: As per section 05.02(b) of the Community Festivals and Events Policy CUL 070, staff are required to seek Council approval for applicants of events to operate in Esplanade Park. The following community ·organizations have confirmed with staff their intent contin·ue to operate these annual events in Esplanade Park in the year 2019. · The permit dates are included below and include event set up and clean up. Ribfest Ajax-Pickering Rotary Clubs Tuesday, May 28 -Monda , June 3, 2019 Aboriginal Celebration Day Carea· Community Health Centre Friday, June 21; 2019 Food Truck Festival Canadian Food Truck Festivals Wednesday, August 7 -Monda ,Au ust12,2019 City of Pickering staff from applicable departments support the events, in principle, subj$ct to various event/festival requirements being met by the applicant during the event planning process. The requirements include but are not limited to the following: .• proof of liability insurance • rentals of event equipment and supplies • burham Healt.h Community Special Events Form for Event Coordinators/Organizers • locates completed for all staked equipment . , • rental of all re·quired. portable restroom· and hand-washing stations (if applicable) • subrnission 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 applicabl_e) 13 14 cs 03-19 Subject: Community Festivals and Events Policy February 4, 2019 'Page 3 New in.2019 is the proposed a Brew & BBQ Fest to be held on September 21, 2019 from 11 am to 7 pm in Esplanade Park, as hosted by Frederica Black Events. The Brew & BBQ Fest is an event designed to showcase-a variety of craft breweri'es, an amateur brewing competition and of course delectable BBQ cuisine. The festival will bring beer and barbecue lovers together for the last celebration of summer. The festival will feature· beer sampling opportunities along with delicious barbecued food, .along with entertainment including music, games and buskers. · Brew & BBQ Fest (new) Frederica Black Events Proposed Dates 2019 (includes• event set up, operation and Clean· up) September 21, 2019 The event is open to all ages, but will offer ticketed admission fees for attendees. Each brewery vendor will have smart serve servers. Patrons interested in buying a beer must first visit the check-in table to provide proof of age. Then, they will be issued a wristband which is required in order to be served alcohol at this event. A portion of the proceeds from the festival will be donated to Jump Start Canada}. a,program designed to give kids from families who experience financial hardship, a chance to participate in organized sport wlthin community. Frederica Black Events is requesting access to electrical, water, picnic tables, restroom facilities, and garbage units, as part of their one day permit. The Coordinator, Commun!tY Partnerships has met with the_ organizer to identify_ costs based oh their event ·request. · City staff fro'm applicable Departments (Community Events Committee) have reviewed this one-day event request and also supports the event, in principle, subject to the follqwing event/festival requirements being met by the applicant during the event planning process: · • t~rms and conditions of the City of Pickering Community Events Partnership Agreement • proof of 5 million dollars in liability insurance • proof of Liquor Licence • City approval of vendor listing • electrician onsite to oversee all electrical hook-ups • . adherence to City traffic management plan for event • road occupancy permit • Region of Durham pe~mit for water hook-up and inspection • rentals and event equipment and supplies • fire inspection for all vendors • building permit for all structures exceeding 600 square feet • locates completed for all staked and grounded equipment • Region of Durham community festival coordinator and vendor permits • rental of all required portable restroom and hand-washing stations • rental and installation of all required perimeter fencing submission of site plan and emergency response plan t.~--✓ ,.:r . cs 03-19 Subject: Community Festivals and Events Policy • adherence to the City's emergency weather standard operating procedure • hiring of site security and police officers to monitor event operations February 4, 2019 Page 4 Frederica Black Events is an event management company owned and operated· by Frederica Black. Their company mandate is to create pristine events with a dash of fun wrapped in fabulous, adding an_ air of sophistication, all while providing a professional service. With over 11 years of event planning experience, they have come to appreciate that events should be enjoyable,· memorable and a worry-free exp~rience, while always keeping in mind the safety of the participants. Frederica Black Events has coordinated and planned a variety of outdoor events across the GTA including, Celebrate Canada Island Style in Oshawa, FreshFest 1 and 2 in Toronto, Dominica Day in Toronto, along with conferences, special occasion events and live shows. They are· always interested in curating events for the community that are fun,·fabulous and enjoyable for the entire family. Attachments: 1. Not applicable. Prepared By: Tanya Ryce Supervisor, Cultural Services MC:tr Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative ·officer Approved/Endorsed By: . . Marisa Carpino Director, Community Se_rvices 15 16 --C~of--PJ(KERJNG From: Marisa Carpino Director, Community Services Report to Executive Co_mmittee Report Number: CS 05-19 Date: February 4, 2019 Subject: Municipal Highway Winter Maintenance Agreement -Mowbray Street (.form_erly Brock Road) in the City of Pickering · -File: -A-1440-001-19 Recommendation: 1. That Council authorize the Mayor and City Clerk to execute a Municipal Highway Winter Maintenance Agreement with the Regional Municipality of Durham set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services, and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Municipal Highway Winter Maintenance Agr~ement with the Regional Municipality of Durham will provide for winter patrol and maintenance services by the City of Pickering for Mowbray Street '(formerly Brock Road) whic.h extends from just north of Highway 407, through Highway 7 and ends at the newly aligned Brock Road as shown in Attachment 2. Winter patrol and maintenance by the City of Pickering has been requested by the Regional Municipality of Durham and will result in a more consistent level of service for City of Pickering ~esidents. The Regional Municipality of Durham will continue to be responsible for routine patrol and maintenance of Mowbray Street. It is staff's understanding that the Regional Municipality of· Durham plans to eventually transfer Mowbray Street to the City of Pickering. The Municipal Highway Winter Maintenance Agreement would remain in effect until such time as a further transfer agreement is negotiated and executed. · Financial Implications: The Regional Municipality of Durham will compensate the City of Pickering for winter patrol and maintenance services provided between the dates of November 5 through April 301 at a flat annual rate-of $2,500.00 per lane-kilometre. Based on an estimate of 2_.65 lane/kilometres, the anticipated annual revenue is $6,625.00. Discussion: Mowbray Street (formerly Brock Road) was an Arterial road requiring maintenan·ce in accordance with the Minimum Maintenance Standards (MMS) for cra·ss 1 roads. Now that the new Brock Road alignment has been completed, Mowbray Street does not require cs 05-19 Subject: Municipal Highway Winter Maintenance Agreement Mowbray Street (formerly Brock Road) in the City of Pickering February 4, 2019 Page 2 the same level of service and winter maintenance is better suited to the City of Pickering's equipment and plow routes for Collector and Local Roads. The City of Pickering, as a service provider, has ag·reed'to provide winter patrol and maintenance for M9wbray Street, subject to a satisfactory agreement being reached through a Municipal Highway Agreement. The City will continue to sand, salt, plow and remove snow and ice as needed in accordance with MMS standards during the term· of this agreement. The Regional Municipality of Durham will have the responsibility to provide all other routine patrol, maintenance and repair requirements, such as grading, pothole repairs, signage and drainage. A Municipal Highway Winter Maintenance Agreement has been drafted that outlines the terms of .the·agreement, including annual compensation in the amount of $2,500.00 per lane-kilometre. Staff have reviewed the compensation in relation to existing costs and deemed the amount acceptable. The Municipal Highway Winter Maintenance Agreement is for a five year term ~nding April 30, 2023, and as authorized by Council, will be executed subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor. Attachments: 1. Municipal Highway Winter Maintenance Agreement 2. .Location Map of Mowbray Street 17 18 cs 05-19 Subject: February 4,-2019 Municipal Highway Winter Maintenance Agreement Mowbray Street (formerly Brock Road) in the City of Pickering Prepared By: Rob Burne, P. Eng. Manager, Public Works (\()0,11} Approved/Endorsed By: Marisa Carpino, M.A. Director, Community Services Page 3 Bria~ Can a os, BA (Hons.), MA, J.D. Division Head, Operations RB:nw Recommended for the consideration · of Pickering City Council · Assistant Solicitor .~ ~. ,-r, 2-0/1 Tony Prevedel, P. Eng._ Chief Administrative Officer. ATTACHMENT#-Lro REPORT#.c5·:-oq Municipal Highway Winter Maintenance Agreement This Agreement made this __ day of_.....--_______ , 2019 Between: The Regional Municipality of Durham (the 11Region11) -and -The Corporation of the City of Pickering (the ·"city") WHEREAS Mowbray Street (formerly Brock Road) (the "Road") located within the City of Pickering is under the jurisdiGtion and ownership of the Region; AND WHEREAS Section 11 and Section 20(1) of the Municipal Act, 2001, S.O. 2001, c. 24 (the "Municipal Act") permit municipalities to enter into an agreement to provide for the .operation and maintenance of roads; AND WH_EREAS the City and the Region are desirous of entering into an agreement pursuant to the provisions of Section 11 and Section 20(1) of the Municipal Act, wherein the City will undertake agreed upon winter maihtenance services of the Road on behalf of the Region in exchange for payment by the Region to the City for the agreed upon winter maintenance services; NOW THEREFORE in consideration of the covenants herein contained and upon the terms and conditions expressed herein the parties agree as follows: 1. Definitions (1) "Agreement11 means this agreement1 including its recitals and any Schedules which form an integral part of it, as amended from time to time. (2) "Capital Improvements" means -any road repair or improvement that is not Regular Maintenance, including, but not limited to, major repairs, improvements and replacements such as resurfacing and reconstruction of the Road, bridge replacement or reconstruction, culvert replacement, or the installation of new or expanded drainage systems. (3) 11Claims" include any and all claims, actions, causes of action, complaints, demands, suites or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in 19 20 settlement, whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, and any e~onomic losses, consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this Agreement, loss of life, personal injury (including, in all cases, personal discomfort and illness), .,and loss of and damage to property. (4) "Minimum Maintenance Standards" meatJS those standards established by Ontario Regulation 239/02, as amended, pursuant to Section 44 of the Municipal Act. (5) "Regular Maintenance" _means all routine or normal road maintenance including, but not limited to, shouldering, asphalt repair, pothole p~tching, crack sealing, depression settlement repairs, catch basin and storm sewer cleanout, litter pick up, inspection, repair and replacement related to signs, vegetation control, road and roadside drainage, entrances and ·entrance culverts, dust control, road surfacing, road stability, and grading, and excludes Winter Maintenance. (6) "Road" means Mowbray Street (formerly Brock Road), being 2.65 lane-kilometres, as further identified in the location map attached hereto as Schedule A. (7) "Routine Road Patrol" means the process of driving each section of the Road in one direction to monitor road conditions and assess the need for Regular Maintenance, and shall not include Winter Road Patrol. (8) "!erm" means the term of this Agreement as specified in Section 2(1) of this Agreement. (9) "Winter Maintenance" means snow ploughing, ice· control, application of sand and/or salt mixtwre, application of brine direct liquid, snow removal where necessary and Winter Road Patrol, and excludel;, Capital Improvements, Regular Maintenance and Routine Road Patrol. Winter Maintenance.shall occur throughout the Winter Maintenance Term. (10) "Winter Maintenance Term" shall occur through November 5 to April 30, inclusive, in e~ch calendar year of the Term. · (11) "Winter Road Patrol" shall occur throughout the Winter Maintenance Term and means the process of driving each section of the Road in one direction to monitor winter road conditions and assess the need for Winter Maintenance, and shall not include Routine Road Patrol. 2 2. Term (1) This Agreement shall commence on November 5, 2018, and expire on the earlier of: (a) April 30, 2023; or (b) immediately following a conveyance of the Road from the Region to the City (the 'Term"). (2) Notwithstanding the foregoing, either party may, in its discretion, terminate this Agreement without cause prior to the expiry of the Term by providing the other party at least 90 days prior written notice of such termination. 3. Maintenance and Repair (1) The City shall provide Winter Maintenance of the Road in accordance with the Minim um Maintenance Standards. (2) Notwithstanding any other provision contained herein, the obligations set out in this Agreement shall not include any obligation .or responsibility of the City for any maintenance services and/or improvements, including, but not limited to, Capital Improvements, Regular Maintenance .. and Routine Road Patrol of the Road that are the responsibility of the Region to provide, whether pursuant to this Agreement or otherwise. Furthermore, the Region acknowledges and agrees that the physica'I condition of the Road may affect the _manner in which Winter Maintenance is delivered by the City .. (3) The Region, at its sole cost and expense, shall provide all Capital Improvements; Regular Maintenance and Routine Road Patrol of the Road in accordance with the Minimum Maintenance Standards. 4. F.ee and Payment (1) The Region agrees to pay $6,625;00 ($2,500.00 per lane-kilometre ot road maintained where the Road is 2.65 lane-kilometres) annually to the City throughout the Term of this Agreement for costs incurred by the City in periorming Winter Maintenance of t~e Road. (2) Within 60 days of the end of each year throughout the Term, the City shall submit to the Region annual invoices and the Region shall pay the annual invoices submitted by the City within 30 days of receipt of said invoices. 3 21 22 . 5. Weather Data In order to en~ble the City to perform its Winter Maintenance obligations of the Road in accordance with this Agreement, the Region hereby agrees to allow access to the City, throughout the.Winter Maintenance Term and at no cost to the City, unfettered access to daily winter weather forecasts four (4) times per day, including any weather data (statements and warnings) issued by MeteoGroup, qr any similar weather forecast provider. 6. Default (1) Upon default by either party (the 11Defau,Iting Party'}under any terms of this Agreement, and at any time after the default, the other party (the "Non-Defaulting Party") shall have all the rights and remedies provided by law and by this Agreement. (2) No delay or omission by the Non-Defaulting Party in exercising any right .or remedy, and no single or partial exercise of a right or remedy shall · preclude any other or further exercise of such right or remedy, or the exercise of any other right or remedy. Furthermore, the Non-Defaulting Party may, but is not required to, remedy any default by the Defaulting Party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Defaulting Party. All rights and remedies of the Non-Defaulting Party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently·or in combination. 7. Liability The parties acknowledge and agree that, upon exec'ution of this Agreement, the City shall perform Winter Maintenance of the Road in accordance with the maintenance obligations set out in this· Agreement. Notwithstanding any other provision contained herein, the City shall only be liable for any damages that arise from failure to perform Winter Maintenance of the Road, to the exte·nt that . such obligations have been assigned to the City in accordance•with this Agreement, and that the City shall be relieved from all liability in respect of any maintenance services and/or improvements,· including, but no.t limited to, Capital Improvements, Regular Maintenance and Routine Road Patrol of the Road that are the responsibility of the Region to provide, whether pursuant to this Agreement or otherwise. 8. Notice of Claims The Region and the City shall notify each other forthwith of any Claims or other information regarding pending or possible Claims by a third party arising from the responsibilities set out in this Agreement, and shalf provide each other with 4 copies of any correspondence with the claimant or the claimant's representatives upon request. 9. Indemnification (1) (2) The City agrees to indemnify and save the Region harmless from all claims, damages, expenses and personal injuries including death, in any way caused by the negligence or wrongdoing of the City, its employees, agents and councillors related to or ~rising out of the performance of this Agreement, together with all legal expenses and costs incurred by the . Region in defending any legal action pertaining to the above. · The Region agrees to indemnify and save the City harmless from·all claims, damages, expenses and personal injuries including death, in any way caused by the negligence or wrongdoing of the Region, its employees, agents and councillors related to or arising out of the performance ofthis Agreement, together with all legal expenses and costs incurred by the City in defending any legal action pertaining to the above. 10. Insurance (1) During the Term of this Agreement, the City shall maintain a policy of General Liability insurance providing coverage ·in respect of any incident bringing rise·to a claim pertaining to this Agreement to the limit of a minimum of Ten Million Dollars ($10,000,000.00) exclusive of interest and costs, against death, injury, property damage and personal injury. Such insurance policy shall contain provisions for cross liability and severability of interest and further that the policy will not be cancelled until 30 days after written notice of such change or cancellation shall have been given to the Region. The General Liability policy shall include the Region as an additional insured with respect of all operations performed by or on behalf of the City pertaining to this Agreement. The City shall also maintain automobile Liability-Insurance in respect to licensed vehicles and trailers owned and/or leased by the City, with limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. The City shall provide to the Region a Certificate of Insurance verifying the above. (2) During the Term of this Agreement, the Region shall maintain a policy of General Liability insurance providing coverage in respect of any incident bringing rise to a claim pertaining to this Agreement to the limit of a minimum of Ten Million Dollars ($10,000,000.00) exclusive of interest and costs, against death, injury, property damage and personal injury. Such insurance policy ~hall contain provisions for cross liability and severability of interest and further that the policy will ·not be cancelled until 30 days after written notice of such change or cancellation shall have been given to the City. The General Liability policy shall include the City as an additional insured with respect of all operations performed by or on behalf of the Region pertaining 5 23 24 to this Agreement. The Region shall also maintain automobile Liability Insurance in respect to licensed vehicles and trailers owned and/or leased by the Region, with limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for' bodily injury, death and damage to property. The Region ?hall provide to the City a Certificate of Insurance verifying the above. 11. Notice (1) Any notice1 document or communication to be given under this Agreement shall be in writing anq delivered by hand, registered or pre-paid mail, courier, fax or email (as appropriate) to the party to which it is to be given, as follows: to the Region at: 605 Rossland Road East Whitby, ON L 1 N 6A3 Attentic~m: David Hagner, Fax No.: 905.668.2051 and to the City at: Pickering Civic Complex, One The Esplanade Pickering, ON L 1V 6K7 Attentia,n: City Clerk, Fax No.-: 905.420.9685 Any notice or other communication-will be deemed to·have been received, if delivered or sent by email or fax, on the date of delivery or transmittal and if mailed by registered post, on the 10th day following the date of mailing. (2) Notwithstanding the foregoing, unless otherwise specified, notice of any immediate matter concerning the performance of the maintenance obligati'ons of the Road under this Agreement shall be made to the following: . to the Region: Attention: Shawn Downey Phone No.: 905.683.1471 Email: shawn.downey@durhahl.ca to the City: Attention: Rod Marshall Phone No.: 905.420.4660 ext. 5221 Email: rodmarshall@pickering.ca 6 12. General (1) Schedule A attached hereto shall form part of this Agreement. (2) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Neith'?r party may assign all or any part of this Agreement without the prior written approval of the other party. (3) All words in this Agreement shall be deemed to include any number or gender as the context requires. (4) This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. (5) In this Agreement, headings are for_ convenience of reference and are not to be used to interpret this Agreement, and words in the singular include the plural and vice vers~. · (6) This Agreement constitutes the entire agreement between the parties concerning the maintenance of the Road and may only be amended or supplemented by an agreement in writing signed by both parties. (7) The parties shall comply with all legal requirements (including statutes, laws, by-iaws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the • maintenance of the Road. (8) All paragraphs, terms and conditions of this Agreement are severable, and the i'nvalidity, illegality or unenforceability of any such paragraph, term or condition shall be deemed not to affect the validity, enforceability or legality of the remaining paragraphs, terms and conditions. (9) Notwithstanding anything in this Agreement, neither party· shall be in default with resp·ect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service, or any cause. beyond the reasonable control of the ·party. (10) The parties acknowledge that this Agreement and any information or documents that are provided hereunder may be reJeased pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C. M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to obj~ct to the release of this Agreement or of any information or documents. 7 25 · 26 In witness whereof the parties have duly executed this Agreement as of the date first written above. The Regional Municipality of Durham The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk 8 Schedule A Location Map Identifying the Road See attached. 27 9 28 Winter Maintenance Mowbray St. (former Brock Rd.) · 1.32 km (2.65 km total) ······· ........ ,j .. r1· ,(f ... -....... . PICKERING ATl~ACHMENT #~TO REPORT# C6-<Ji Winter Maintenance Mowbray St. (former Brock Rd.) 1.3~ km (2.65 km total) ........... u .. lif:t ej, .. ,u,~ ....... PJCKERJNG · 29 -Cd;ft>/-PlCKERJNG From: Subject Kyle Bentley Director, City Development & CBO City of Pickering· Community Energy Plan File: A-2100-018 Recommendations: · Report to ·Executive Committee Report Number: PLN 02-19 Date: February 4, 2019 1. That Council endorse the Low Carbon Pathway scenario in the draft Community Energy Plan (Energy Plan) in principle; · 2. That Council endorse the Energy Plan's recommendations that support a low carbon . future save and except Recommendation #2 and Recommendation #3 as outlined in Attachment #1 to Report PLN 02-19; 3. That Council advise the Region of Durham that Pickering has serious concerns with Recommendation #2 regarding the creation of a new central entity to coordinate the implementation of the Energy Plan and instead recommends that Veridian Connections and Enbridge be jointly tasked to lead.and coordinate the Energy Plan's implementation, and requests the Region of Durham initiate discussions with Veridian Connections and Enbridge Inc. in this regard;. 4. That Council· request the Region of Durham to defer the Durham Green Standard Implementation Program in Recommendation #3 until such time as the building community in Durham Region has had an opportunity to assess the risks, barriers, and costs associated with implementing the Green Standard; · 5. That Council authorize staff to participate in developing a five-year implementation plan for the six program areas and report pack on the legal, fin~ncial ~nd staffing implications of each ·program; and 6. That the City Clerk forward a copy of Report PLN ·02-19 to the Region of Durham, local .municipalities in Durham, Veridian Connections, Oshawa Power and Utilities Corporation, Whitby Hydro, Hydro One, Enbridge Inc., Building Industry and Land Development Association and the Durham Region Home Builders' Association. Executive Summary: The draft Community Energy Plan (Energy Plan) titled, Seizing the Opportunity: The Clean Energy Economy in Durham provides a guide to accelerate the transition to a clean energy economy in Durham while achieving multiple economic, environmental and social benefits. The Energy Plan was developed in partnership with the Region of Durham, local municipalities and utilities with public input through the study·process. 30 PLN 02-19 Subject: Community Energy Plan · February 4, 2019 Page 2 The Energy Plan outlines a roadmap fo help the broader community conserve ~nergy, reduce its carbon footprint, commit to a sustainable and secure supply of local energy generation, improve energy resilience and create local employment opportunities over a 35-year period. Work on the Energy Plan began in June 2016 with an initial stakehqlder meeting that included the Ministry of Energy, Northern Development and Mines, Region of Durham, all municipalities and utilities in Durham. A three stage process was used to develop the ErJergy Plan as follows: Stage 1: Stakeholder Engagement; Stage 2: Baseline Energy Data and Stage 3: Community Energy Plan De~elopment. The Stakeholder Engagement stage consisted of two engagement ses~ions held at the start of the planning process. The stakeholders produced elements of a vision and key messages for the Energy Plan. This initial stakeholder consultation input yvas used in conjunction with the baseline energy data to provide guidance to the Energy Planning stage of the Energy Plan process. The Baseline Energy Data stage ·provided important data on Durham's energy use in the base y'ear, 2015. A detailed database was created and an infographic was produced. The Energy Plan Development stage included developing an energy plan for Durham with different future scenarios for energy production and use. Three scenarios were modelled: Business as Usual (BAU), Business as Planned (BAP) and Low Carbon Pathway (LCP). Based on the modelling, the LCP was the preferred scenario selected. The benefits of this pathway include reduced energy use, lower household energy costs, lower total energy expenditures, more renewable energy, and lower GHG emissions, less air poflution, local investment, electrification and increased self-reliance on energy. Moreover, energy investments will bring economic growth and the expenditures and savings will circulate in the local economy, rather than being exported. Also,.local employment is created from investments in energy efficiency and energy generation which is about 210,000 person-years of employment over the period. This will result in an average of 7,000 new jobs each year. Six recommendations are offered in the Energy Plan as a means to achieve the LCP scenario as follows: • The Energy Plan partners continue to. test innovative approaches and identify new strategies to reduce GHG emis.sions as part of the monitoring and evaluation of The Energy Plan. • A central entity is required for leadership and coordination between the municipalities, the Region and other organizations with the community to ensure the implementation of the Energy Plan and to. take ·advantage of the economies of scale. • The partners of the Energy Plan will develop a five-year implementation plan based on the six program areas: Durham Green Standard, Durham Deep Retrofit Program, Renewable Energy . Co-operative, Electric Vehicle Joint Venture, Education and Outreach Program, and . Coordinating Land-Use Policies. • The Energy Plan be both recognized and enabled by the forthcoming revisions of the Durham· Region Official Plan and the local municipal official plans. • Work with financial partners to develop an Energy Plan capitalization strategy. • Implement the Energy Plan monitoring and evaluation strategy. 31 PLN 02-19 Subject: Community Energy Plan February 4, 2019 Page 3 . As a result, it is recommended that the LCP scenario in the Energy Plan is supported in principle. 32 In regards to the Energy Plan's recommendations, it is recommended that Council endorse the recommendations in principle save and except Recommendations # 2 and #3. The Region of Durham should be advised that Pickering has serious concerns with Recommendation #2 regarding the creation of a new central entity to coordinate the implementation of the Energy Plan and instead recommends that Veridian Connections and Enbridge Inc. be jointly tasked to lead and coordinate the Energy Plan's implementation. Also, the Region of Durham should initiate discussions with Veridian Connections and Enbridge Inc. in this regard. In addition, the Region of Durl1am should be requested to defer the Durham Green Standard Implementation Program in Recommendation #3 until such time as the building community has had an opportunity to assess the risk$, barriers, and costs associated with implementing the Green Standard. The final Community Energy Plan will be presented in 2019 to regional and local Councils for approval and to the boards of the energy utilities for their support. · Financial Implications: No financial implications at this time. However, it is anticipated that programs proposed in the Energy Plan will have financial costs for Durham's municipalities and local utilities. Program costs to homeowners and businesses are unknown at this time. Staff, recommends that any future senior government funding be ·shared between the lower tier municipalities and the Region. Staff will report back once the five-year implementation plan is developed on the six program areas and the funding implications are known. 1. Background: In April 2015, Pickering provided a Letter of Support .for the development of a Community Energy Plan (Energy Plan) for the Region of Durham. An Energy Plan would assist municipalities and utilities to identify opportunities to conserve and improve energy efficiency and reduce greenhouse gas emissions; consider the impact of future growth and options for local clean energy generation, fuel switching and storage; and support economic development. Work on the Energy Plan began in June 2016 with an initial stakeholder meeting that included the Ministry of Energy, Northern Development and Mines, Region of Durham, all municipalities and utilities in Durham. A three stage process was used to develop The Energy Plan as follows: • Stage 1: Stakeholder Engagement • Stage 2: Baseline Energy Data and • Stage ·3: Community Energy Plan Development In the Stakeholder Engagement stage, two Stakeholder engagement sessions were held at the start of the planning process. PLN 02-19 Subject: Community Energy Plan February 4, 2019 .PageA The first session took place in September 20, 2016 and there were 44 participants. The second session took place on February 28, 2017 and 63 participants were present. The stakeholders produced elements of a vision and key messages for the Energy Plan. This initial stakeholder consultation input was used in conjunction with the baseline energy data to provide guidance to the energy planning stage of the Energy Plan process. The Baseline Energy Data stage provided important data on Durham's energy use in the base year of 2015. A detailed data base was created and an infographic was produced. Highlights of the baseline energy data are listed below: • Energy Use by Sector: Transportation (36%), Residential .(30%), Industrial (19%) • Energy Supply: Gasoline & Diesel (37%), Natural Gas (35%) and Electricity (17%) • Greenhouse Gas Emissions: Gasoline & Diesel (49%), Natural Gas (33%), and Electricity (5%) • Energy Cost: G_asoline & Diesel (48%), Electridty (39%) and Natural Gas (9%) The Community Energy Plan Development stage was undertaken by Sustainability Solutions Group (SSG), in association with Whatlf Technologies, to undertake this analysis and prepare a draft Durham Community Energy Plan. SSG has prepared similar plans for Toronto, Markham, Waterloo Region, Edmonton, Bridgewater; NS and other Canadian municipalities. This stage included developing an energy plan for Durham with different future scenarios for energy production and use. Three scenarios were modelled: Business as Usual (BAU), Business as Planned (BAP) and Low Carbon Pathway (LCP). Based on the modelling, SSG selected the LCP as the preferred scenario. The benefits of this pathway include reduced energy use, lower household energy costs, lower total energy expenditures, more renewable energy, and lower GHG emissions, less air pollution, local investment, electrification and increased self-reliance on en~rgy. Moreover, energy investments will bring economic growth and the expenditures and savings will circulate within the local economy, rather than being exported. Also, local employment is created from investments in energy efficiency and energy generation, which is about 210,000 person-years of employment over the period. This will result in an average of 7,000 new jobs each year. Once the draft Plan was created, Stakeholder Feedback Sessions took place on November 22, 2018. The insights and suggestions from the sessions will be included in a future stakeholder feedback document, which will inform continuing work on the final Plan. The final Energy Plan will be presented in 2019 to Regional and local Councils for approval and to the boards of the energy utilities for their support. 2. Discussion: Staff supports the transition to a clean energy economy that uses energy more efficiently, moving from fossil fuels to electricity wherever possible and generating electricity with low or z~ro carbon emissions. The Energy Plan is aligned with many of the City's current energy programs and initiatives. · 33 PLN 02-19 Subject: Community Energy Plan February 4, 2019 Page 5 Recommendations are offered in the Energy Plan as a means to achieve the LCP and reducing GHG emissions. Staff comments on each of the six recommendations are provided below: 34 Recommendation #1: The Energy Plan partners continue to test novel approaches and identify new strategies to reduce GHG emissions as part of the monitoring and evaluation of The Energy Plan. Comment: As part of the City's commitment to best practices, staff are constantly seeking innovative solutions and approaches to reduce energy consumption and GHG emissions. The following actions highlight some of the City's recent initiatives: • facility indoor LED lighting retrofits •. energy efficient mechanical unit installations • LED streetlight retrofit project • electric and plug-in hybrid vehicle and EV charger purchases • Sustainable Seaton Workshop net zero housing session Also, the City partners with our local utilities to promote energy conservation in the community through brochures and social media platforms. More recently, the City was awarded the "Lighting -Largest Savings" award at the Powering Up Durham symposium for the City's LED streetlight conversion program (converted over 7,000 streetlights) and facility lighting retrofits (Pickering Recreation Complex, East Shore Community Centre, City Hall). Recommendation #2: A central entity .is required for leadership and coordination between the mun'icipalities, the Region and other organizations with the community to ensure the implementation of the Energy Plan and to take advantage of the·economies of scale. Comment: The creation of a central entity to coordinate the implementation programs represents another layer of bureaucracy. Though well intended to improve efficiency and effectiveness, this group would not be responsible to any government. It is not clear as to who would create this organization and how it would function administratively. Instead of creating a separate entity, staff recommends that Veridian Connections and Enbridge Inc.· be jointly tasked to coordinate the Energy Plan's implementation given its expertise, leadership and business acumen. Both utilities are well-versed in providing innovative energy solutions and programs to Durham households and businesses. This joint partnership is best suited and better aligned to lead the clean energy transition to a low carbon economy. Recommendation #3: The partners of the Energy Plan will develop a five-year implementation plan based on the six program areas identified in The Energy Plan. Comment: To achieve the LCP scenario, the Energy Plan identified the following six programs of activity that would be implemented over a five-year period: • Durham Green Standard • Durham Deep Retrofit Program PLN 02-19 Subject: Community Energy Plan February 4, 2019 Page 6 • Renewable Energy Co-operative • Electric Vehicle Joint Venture • Education and Outreach Program, and • Coordinating Land~Use Policies These activities include employing enhanced energy measures for new buildings, retrofitting nearly the entire. existing• building stock; dramatically increasing the energy performance of new buildings; deploying local renewable energy technologies; installing energy storage and electrifying personal and commercial vehicles; and preparing complementary energy Official Plan policies. The Energy Plan is advocating for enhanGed energy performance for buildings beyond Ontario Building Code standards. In this regard, Durham Region prepared a draft Climate Resilience Standard that included 42 measures for new home construction and was advocating for its implementation by municipal building departments. Building Industry and Land Development Association (BILD) and the Durham Region Home Builders' Association have voiced concerns with implementing the standard and the enforceability of the standard by Durham's Chief Building Officials. Given these concerns, · staff recommends that the implementation of the Green Standard be deferred until such time as the building industry has had an opportunity to assess the risks, barriers, and costs ~ssociated with implementin~ the Green Standard. Further, in discussions with 81~0, there is interest in exploring opportunities to implement some of the key elements of the Green Standard as.part of a pilot project in consultation with Durham Region and Durham's Chief Building Officials. Rec9mmendation #4: The Energy Plan be both recognized and enabled by the forthcoming revisions of the Durham Region Official Plan and the local municipal official plans Comment: As part of Amendment 23 to the City's Official Plan, staff introduced new policies and changed existing policies to strengthen the Plan's policy foundation for energy conservation among other matters. New policies encouraging the use of green technologies, renewable · energy systems and sustainable design policies were incorporated into the Official Plan. Any amendments to the Durham Regional Official Plan pertaining to the Energy Plan will be· reviewed as to whether similar policy revisions are required to the City's Official Plan. Recommendation #5: Workwith financial partners to-develop an Energy Plan capitalization strategy .. Response: The transition to the Low Carbon Pathway will require capital investments in buildings, vehicles and infrastructure of $31 billion over 30 years. However, $31 billion in capital investments will return fuel and electricity savings, carbon premiums and maintenance savings totaling $40.2 billion over the 2018-2050 period. This capitalization strategy cannot be done without significant funding and incentives from both federal and provincial governments over this period. 35 36 PLN 02-19 Subject: Community Energy Plan February 4, 2019 P·age 7 Along with these expenditures, complementary changes to the Ontario Building Code that includes more robust construction standards to achieve higher energy conservafion are required. Recommendation #6: Implement the Energy Plan monitoring and evaluation strategy. Response: Currently, staff monitors the energy consumption (electricity, natural gas and fuel oil) and greenhouse gas emissions of our City-owned facilities on a monthly basis from our utility bills. Furthermore, as part of Ontario Regulation (0 Reg.) 397/11, we are required to report the yearly energy consumption and greenhouse gas emissions of our facilities and have it available on our website for the public. Some of the City's facilities are on a Building Automation System (BAS), which can be monitored in real-time. In the future, we look to · implement an Energy Management System (EMS) for all our City's facilities to monitor, control, and optimize the performance of the facilities in real-time. However, the specific activities identified to support the Energy Plan requires further discussion among the partners. For example, the development of an annual work plan, annual indicator report and .updates to the energy and GHG emissions profile at a community level requires dedicated staff and resources beyond what Pic.kering can currently provide. 3. Conclusion: · The Energy Plan was developed in partnership with the Region of Durham, local municipalities and utilities with public input through the study process .. The Energy Plan outlines a roadmap to help the broader community conserve energy, reduce its carbon footprint, commit to a sustainable and secure supply of local energy generation, improve energy resilience and create local employment opportunities over a 30-year period. It is recommended that.Council endorse the Low Carbon Pathway scenario in the Energy Plan in principle. To achieve the low carbon pathway, implementation of the Energy Plan's recommendations are required. It is recommended that Council endorse the Recommendations in principle save and except Recommendations# 2 and #3. Staff recommends that the Region of Durham be advised that Pickering has serious concerns with Recommendation #2 regarding the creation of a new central entity to coordinate the implementation of the Energy Plan and instead recommends that Veridian Connections and Enbridg~ Inc. be jointly tasked to lead and coordinate the Energy Plan's implementation. Also, the Region should initiate discussions with both utilities in this regard. In addition, staff recommends that the Region of Durham defer the Durham Green Standard Implementation Program in Recommendation #3 until such time as the building community has had an opportunity to assess the risks, barriers, and costs asso~iated with implementing the Green Standard. PLN 02-19 Subject: Community Energy Plan Attachment: 1. Community Energy Plan·_ Conclusion Prepared By: ()tJ ~ Abid Syed, P. Eng. Coordinator, Energy Management ~~ f11v':) ~ Grant McGregor, MCIP,· RPP Manager, Strategic Initiatives & Sustainability AS:GM:ld Recommended for the consideration of Pickering City Council 6)~ fa-1<. I", lf;('j Tony Prevedel, P. Eng. Chief Administrative Officer Approved/Endorsed By: ~./4·~ I/ 'J Kyle Bentley, P. Eng. February 4, 2019 Page 8 Director, City Development & CBO 37 Seizing th~ ._ OJ!ROr.lu~it~: . _ ... Ttie Clean· EneYgy Econo in DuYha .-., PART 1:,THE P.LAN •r • ('("(' .. ) .. > "' wftatlf? The DCEP is a pathway to a low carbon future. This . pathway requires new investments by the public sector. the private sector and households, and wiU stimulate a new economy. Municipal and regional interventions will be foundational. These efforts will unlock key strategies to advance the low carbon scenario, including creating policies to support district energy, land-use planning, supporting advanced building performance standards, financing retrofits and renewable energy, and education and support. The low carbon pathway nearly achieves Durham's GHG targets. New opportunities will need to be incorporated into the DCEP in order to address the gap . between the Region's <;,HG iargets and th_e LCP scenario. Recommendation #1: The DCEP partners continue tb test novel approaches and identify new strategies to reduce GHG emissions as part of the monitoring and evaluation of the OCEP. A coordinating entity is required. The implementation of the actions requires a novel, integrated approach that brings together the municipalities, the Region and utilities in an entity that is both nimble and entrepreneurial. A DRAFT Durham Community Energy Plan regional implementation organization is recommended as a strategy that balances control by the municipalities with entrepreneurial-ism. Recommendation #2: .A central entity is required for leadership _and coordination betw.een the municipalities, the Region and other . organizations within the community to ensure the implementation of the DCEP and to take advantage of economies of scale. Implementation focuses on six program areas. The transition requires efforts firstly to reduce energy consumption through high performance building codes and land-use planning, secondly to improve the energy system by retrofitting existing buildings, and thirdly to · s~itch to renewable energy, primarily electricity and to a · lesser degree renewable natural gas. The DCEP outlines specific actions and programs that will implement those actions. Recommendation #3: The partners of the DCEP will develop a five-year implementation plan based on the six program areas identified in the DCEP November, 2018 Durham Region is not alone. Many other cities and regions around the world are exploring similar pathways, and there are opportunities to compare notes and learn from successes and challenges going .forward. Land-use policy will enable implementation. Energy and GHG gains that occur as a result of land-use planning are essentially free in that they require no investment and de.liver .a range of other co-benefits. Therefore municipalities should continue to advance intensification strategies as an enabling strategy to reduce GHG emissions. Other policies in the Official Plan will also support the delivery of the programs and the implementation of the actions. Recommendation #4: The OCEP be both recognized and enabled by the forthcoming revisions of the Durham Region Official Plan and local municipal official plans. The DCEP is an economic development strategy. There are opportunities for new and.existing businesses in the fields of heat pumps, building. retrofits, renewable energy, district energy, energy storage and others yet to be determined. Major investments are required. The transition to the November, 2018 Low Carbon Pathway will require capital inv~stments in buildings, vehicles and infrastructure of $30 bfllion over 30 years. In the business-as-usual scenario, capital expenditures in buildings, vehicles and energy-related infrastructure and equipment is projected to total $165 billion, so put in this context the Low Carbon Pathway requires an 18% increase in capital expenditures in these areas. That incremental $30 billion capital investment will return fuel and electricity savings, carbon premiums, operating and maintenance savings and revenue from local generation that togeth~r total $35 billion. over the 2018-2050 period. Recommendation #5: Work with financial partners to develop a OCEP capitalization strategi The LCP actions modelled have varying returns on investment and risk profiles. Some investments will be more suited to the public sector, whereas others will be more appropriate for private businesses. Determining which action is best associated with which entity has yet to be done but there are many promising investment opportunities. New jobs will be created. The investments in the energy system will generate employment in building design, retrofits, district energy, renewable energy, electric vehicle DRAFT Durham Community Energy Plan -0 -I 0 manufacturing and other sectors. A total of 21 O, ODO direct person years of employment will be created over the period as a result of the implementation of the LCP scenario. The low carbon pathway will evolve. As new · technologies emerge and new approaches to deployment are developed, the approach to implementing the actions will change. The earlier the Durham Region can · undertake the investments contemplated in the pathway, the greater financial and environ mental benefits will be for the communities and the Regi~n as a whole. Delay will result in, for example, increasing household energy costs for a longer period. Recommendation #6: Implement the DCEP monitoring and evaluation strategy DRAFT Durham Community Energy Plan November, 2018 -C4of-PJCKERJNG . Report to Executive Committee Report Number: CLK 01-19 · Date: February 4, 2019_ From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: . Update to Procedure By-law -Inclusion of Provisions regarding Pregnancy and Parental Leave for Members of Council · Recommendation: t That Report CLK 01-19 respecting an update to the Procedure By-law.pertaining to provisions regarding pregnancy and parental leave for Members of Council be received; 2. That the-draft By-law·included as Attachment #1 to CLK 01-19 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Through Bill 68 there have been several amendments to the Municipal Act, 2001", one being the provision that requires municipalities to adopt a policy regarding pregnancy and parental leaves for Members of Council. Financial Implications: There _are no financial implications associated with this by-law. Discussion: Section 259 of the Municipal Act, 2001 outlines the various parameters in which a seat of a Member of Council becomes vacant. More specifically, section 259 (1)(c) provides that a Member's seat.becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. Through Bill 68 ?in exception is provided to this provision. Section 259 (1.1) states "clause (1)(c) does not apply to vacate the office of a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member". As of March 1, 2019, the City is required to have a policy to this effect. Giv_en the fact that Members of Council are not considered City employees and do not contribute to and cannot apply for Employment Insurance benefits for a pregnancy or parental leave, there are limited provisions 'that need to be included in a policy. To that extent, staff are recommending that these provisions be included in the Procedure By-law rather than a stand-alone policy at this time. The City Clerk has consulted with the Director, Human Resources and confirmed that shou_ld a Member take a leave they would continue to be compensated through the Council Compensation.Policy unless Council directs otherwise. 43 CLK 01-19 February 4, 2019 Update to Procedure By-law -ln.clusion of Provisions regarding Pregnancy and Parental Leave for Members of Council Page 2 The following wording is ·proposed for inclusion in the Procedure By-law to be added as sections 03.03 and 03.04: 03.03 In accordance with Section 259(1) of the Municipal Act, 2001, the office of a Member becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Memoer who is absent for 20 consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 conse·cutive weeks. •. Attachments: 1. Draft By-law to Amend Procedure By-law 7665/18 Prepared By: Ar yed/Endorsed By: \ 'Ill Dire Recommended for the consideration of Pickering Cu JaA(. 2.(, 2t>{C( Tony Prevedel; P.Eng. Chief Administrative Officer CORP0227-07/01 revised 44 The Corporation of the City of Pickering By-Law No. xxxx/19 Being a by-law to amend By-law 7665/18, which governs the proceedings of CoLJncil, any of its committees, the cond_uct of its Members, and the calling of meetings. Whereas on December 10, 2018 the Council of the. Corporation of the City of Pickering passed By-law 7665/18 to.govern the proceedings of Council and its committees; and, And Whereas changes to the Municipal Act, 2001 through Bill 68 require municipalit!es to adopt policies regarding pregnancy and parental leave for Members of Council;_ And Whereas in order to comply with the provisions of the Municipal Act, 2001, Council wishes to amend By-law 7665/18. Not therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: · That the following sections be added as items 03.03 and 03.04 and the By-law renumbered accordingly: · 03.03 In accordance with Section 259(1) of the Municipal Act, 2001, the office of a Member becomes vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is. absent for 20 consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's· child or the adoption of a child by the Member. 03.04. A Member who takes a pregnancy or parental ,leave shall notify the City Clerk in writing and will cqntinue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive_ weeks. · · By-law passed this 25th day of February, 2019. · David Ryan1 Mayor Susan Cassel City Clerk , 45 ---Cdt) of--P 1 (KER ING From: Subject: Tony Prevedel Chief Administrative Officer Naming Rights Agreements -File: S-4000-001 Recommendation: Report to Executive Committee Report Number: CAO 04-19 Date: February 4, 2019 1. That Council approve, in principal, the acceptance of $1.125 million from Chestnut Hill Developments in exchange for the naming rights of the Pickering Recreation Complex, in accordance with the sponsorship agreement (see Attachment No. 1 ). 2. That Council approve, in principal, the acceptance of $5 million from Lebovic Enterprises in exchange for the naming rights of the future Seaton Recreation Complex, in accordance with the form of sponsorship agreement (see Attachment No. 2). 3. That Council approve, in principal, the acceptance of $10 million from Triple Properties in exchange for the naming rights of the future Central _Library, in accordance with the form of· sponsorship agreement (see Attachment No. 2). 4. That the said sponsorship agreements (Attachment No. 1 and 2) are approved subject to minor revisions acceptable to the Chief Administrative Officer, and the Director, Corporate· Services & City Solicitor. 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Marketing Partnership and Adve·rtising Policy (ADM 150) was approved at the September 21, 2015· City Council meeting. The Policy Objective states: "The Corporation of the City of Pickering welcomes and encourages marketing partnerships and advertising to assist in the provision of City programs, services, events, projects and facilities. This Policy provides guidelines to maximize revenue opportunities while safeguarding the City's visio'n, mission, values, interests, and public image." At the June 25, 2018 City Council meeting, Council approved the retention of Performance Sponsorship Group (PSG) to pursue and secure high profile marketing partnership and naming rights opportunities for a period of 18 months. PSG will be remunerated on a monthly-retainer of $6500 and a flat commission of 10 per cent on secured sponsorships, advertising sales, and naming rights agreements. The initial goal that was proposed to Council was to raise $1 million dollars in combined advertising, sponsorship, and naming rights commitments in that span. Over the past 8 months, staff have worked closely with PSG to review City assets1 package 4 6 approved opportunities, and develop prospect lists. Successively, the Mayor's Office and Office of CAO 04-19 Subject: Naming Rights Ag'reements February 4, 2019 Page 2 the CAO have engaged with potential sponsors to discuss naming rights opportunities. As a result, we have secured naming rights commitments for 3 City facilities. Chestnut Hill Developments has agreed to purchase naming rights to the Pickering Recreation Complex fqr-$1.125 million dollars for a 15-year term, with an option to renegotiate a new agreement on a first right of refusal basis 1 year prior to the expiration of the term. Lebovic Enterprises has agreed to purchase naming rights to the Future Seaton Recreation Complex for $_5 million dollars for a 20-year term, with an option to renegotiate a new agreement on: a first right of refusal basis 1 year prior to the expiration of the term. Triple Properties has agreed to pay $10 million that will go towards the to-be-constructed, new Central Library for a 20-year term, with an option to renegotiate a new agreement of a first right of refusal basis 1 year prior to the expiration of the term. As these agreements are revenue generating·, staff require Council's approval to move forward; finalize, and enact these 3 naming rights agreements. Financial Implications: These three agreements provide the City with critical capital funding as it undertakes the Civic Centre project' and major renovations to the Recreation Complex. The negotiations of these agreements have been led by PSG efforts, ahd therefore1 its fee has to be applied to these contributions including HST.· Chestnut Hill Developments'· offer of $1.125 million dollars is to be paid in 15 equal and annual payments of $75,000 for the duration of the naming rights term. In re-naming the Pickering Recreation Complex to the Chestnut Hill Developments Recreation Complex, it is expected that the City will incur some hard .cqsts with respect to modifying and/or replacing facility signage to reflect the name change. This cost can be absorbed into the Pickering Recreation Complex retrofit project that is expected to commence in 2019. Additionally, there may be some additional costs realized to 'storytell' or promote the Chestnut Hill Developments brand insid~ the facility. This storytelling opportL:Jnity will be part of the negotiation process, and will be incorpo~ated into the retrofit project. There will also be numerous 'soft' name .changes to be made (ie. leisure guide, various web pages, and stationery). While it will be time consuming to search for, identify, and ·implement these changes, costs will be minimal. Lebovic Enterprises will pay the City $5 million dollars for the naming rights of the future. Seaton Recreation Cor:nplex for a 20-year period. Funds will be used to offset capital construction costs. Alternately, the funds can be invested in 2019 over a long-term and the interest accrued can be utilized to fund operational costs or programming on an annual basis. 47 CAO 04-19 Subject: Naming Rights Agreements February 4, 2019 Page_ 3 Facility and wayfinding signage for the future Seaton Recreation Complex will be absorbed into the capital project budget The capital project budget has yet to be developed, so there will ample opportunity to build in a storytelling element to· recognize Lebovic Enterprises. Triple Properties' offer of $10 million dollars, is to be paid in one lurr,p sum, and will cover the duration of the naming rights term. · The capital project budget is ·still being developed for the new Central Library, so staff will work in conjunction with Triple Properties to develop a plan for storytelling and wayfinding signage. In all three of these finalized agreements, Chestnut Hill Developments, Lebovic Enterprises, and Triple Properties will have to clearly acknowledge that all or part of their funds will be used to offset the City's share of the development charge element of these capital projects. It should be noted that the City will have to pay HST on the naming rights fees where applicable. Discussion: City of Pickering recognizes and supports sponsorship and naming rights as an alternative revenue generation strategy to help offset costs associated with the provision of municipal services. · In addition to revenue generation, sponsorship and naming rights strengthens relationships with the business community, which in turn can be parlayed into long-term agreements with the associated benefits. Within an 8-month span, the City staff have exceeded the $1 million target in combined •. advertising, sponsorship, and naming rights commitments that .Council had agreed to at the June 25, 2018 Council meeting. While the Pickering Recreation Complex is one of the City's busiest facilities, if doesn't change the fact that it is a 35-year old building. When it comes to naming rights, sponsors· and corporate partners prefer new build as these facilities have a great deal more cachet, built-up community excitement, and curb appeal. New and modern municipal recreation facilities· that draw a million plus annual attendees can command between $8 hundred thousand to $1 million per year for naming rights. However, older facilities are less attractive and woulq probably only secure half those amounts .. In light of this, City staff are very pleased that they were able to secure $5 milli.on in naming rights from Lebovic Enterprises for the future Recreation Complex in Seaton. PSG has confirmed that this is the largest naming rights agreement in Canada for a municipal recreation complex and/or ·community centre. It should be noted that this agreement does not limit the City from selling naming rights to the various components of the. facility. For example, there will still q_e opportunity to rename the various arem~s, exercise studios, program rooms, and swimming pool. · The $10 million naming rights agreement for a municipal public library is the largest of its kind in 48 Canadian history. As a comparator, the_Gity of Calgary sold the naming right~ to its Shared . CAO 04-19 Subject: Naming Rights Agreements February 4, 2019 Page 4 History Centre inside its brand-new flagship Central Library for $ 1 million. Additionally, it sold the naming rights to the Library's concert venue for $5 million. Similar to the .Seaton Recreation Complex, there will be opportunities to sell naming rights to the various components of the new Central Library. This may include the children's area, teen area, community meeting spaces, auditorium, computer lab, and rriaker spaces. Triple Properties is a very enthusiastic partner, and in addition to the supporting the new ce·ntral Library, it wants to have a more active role in the downtown repevelopment. As such, City staff would likffto enter into negotiations with Triple Properties in _regards to its proposed_ purchase of East Shore Community Centre at fair market value once the new Seniors and Youth Centre is built. . These agreements require some fine tuning with respect to the renewal terms; storytelling or recognition components such as facility signage or wall plaques; and sponsor benefits such as annual fitness memberships, fr~e meeting room rentals, and events space . . At this time, we are asking for Council to provide its approval of the three naming rights. agreements at the price points set out, and to provide staff with the flexibility to make necessary adjustments to the agreements to ensure that all parties are satisfied. The finalization of these naming rights agreements, provides significant momentum as we continue·in our discussions with other corporate partners with respect to other City facilities such as the Pickering Heritage and Community Centre, arts centre, and senior/youth centre. Attachments: 1. Sponsorship Agreement -Chestnut Hill Developments ·2. Sponsorship Agreement-Lebovic Enterprises 3., Sponsorship Agreement ""7' Triple Properties 49 CAO 04-19 Subject: Naming Rights Agreements Prepared By: ~~ Mark Guinto Manager, Public Affairs & Corporate Communications TP:mg Recommended for the consideration Stan Karwowskt · February 4, 2019 Page 5 Director, Finance & Treasurer of Pickerinu ~-Z.3, Z~// Tony Prevedel, P.Eng. Chief Administrative Officer· 50 I ATTACHMENT# __ TO REPORT# ~M] SPONSORSHIP AGREEMENT THIS AGREEMENT made as of this 1st day of March, 2019. BETWEEN: Chestnut Hill Developments (the {!Sponsor") and The Corporation of the City of Pickering . (the "City") WHEREAS The City owns a multi-purpose recreation complex currently known as the Pickering Recre~tion Complex located at 1867 Valley Farm Road, Pickering (the "Complex") and the City desires to secure sponsorships for various components of the Complex; · AND WHEREAS The Sponsor is agreeable to be the naming sponsor of the Complex in accordance with the terms and conditions ofthis Agreem_ent; · AND THEREFORE in consideration of the promises and other mutual covenants hereinafter set forth the parties hereto agree as follows: Recitals 1.1 The foregoing recitals are true in substance and fact and are incorp~rated· herein. Term 2.1 The te_rm of this Agreement shall be fifteen (15) years commencing on March 1, 2019 and expiring on March 30, 2034, unless. terminated earlier pursuant to the terms of this Agreement (the "Term''.). 2.2 Upon expiry of this· Agreement, the parties will have no further obligation under this Agreement, except to complete any such promotional activities commenced prior to said exprration. Sponsorship 3.1 The Sponsor agrees to pay to the City a cash contribution in the amount of $1,125,000.00 (the "Contribution"). 3.2 The Contribution shall be paid by the Sponsor to the City in equal annual installments. of$ 75,000.00, within thirty (30) days of the end of each year of the To~. . 1 51 52 3.3 In exchange for the Sponsor's Contribution, the City shall provide to the Sponsor the benefits set out in Schedule "A" attached hereto. Trademark and Logo Use · 4.1 Upon the request of the City, the Sponsor will provide its approved name, logo and branding, and hereby grants to th·e City a non-exclusive licence to use the Sponso'r's name, logo and branding in promotional activities and materials related to its sponsorship of the Complex. The City's name_ and logo are registered trademarks with standards governing their use. The use of the City's name or logo in conjunction with any sponsorship activity or materials provided by the Sponsor requires prior written approval by the City, such approval not to · be unreasonably withheld. Such written approval shall be sc;,ught from the City's Representative set out in Section 12.2. Each of the Gity and the Sponsor represents and warrants that it is the sole _owner of all legal rights to its name, logo and branding. · 4.2 Neither party shall receive any rights whatsoever from the use of the intellectual property of the other party, including any rights of trademark, ~ervice mark or copyright. All such rights remain the sole and exclusive property of the registered owner. Option to Extend 5.1 Provided the Sponsor is not in default of its obligations under this Agreement, the parties may mutually agree to extend the Term of this Agreement for an additional fifteen ·(15) years upon terms and conditions to be agreed upon between the parties prior to the expiration of the Term. If, prior to the expiration of the Tern\ the parties are unable. to agree to the terms and conditions of the extension term, then this Agreement shall terminate upon the expiration of the Term. Comp.liance with Laws 6.1 This Agreement and the rights and obligations of the parties he·reto shall be subject to, and the parties hereby agree to comply with, all applicable federal and provincial laws, bylaws, and regulations, ·in force and as amended from time to time. Default 7.1_ Each of the following events constitutes an event of default enabling the party not in default (the ~'Non-Defaulting Partyll) to terminate this Agreement pursuant to the terms below: (a) either party's failure to perform any covenant, condition, or obligation contained in this Agreement (the "Defaulting Party"); 2 (b) any event or communication under the direction or control of the City or · the Sponsor {including by their respective representatives, officers, directors, Council members, employees or authorized agents), whether or· not such event or statement accurately reflects the views and opinions of said party, that the other party, in its sole discretion and opinion, considers immoral, offensive, or contrary to its values, or which may result in a nega~ive public perception of such party; . (c) any bre.ach of any law, by-law or regulation applicable to this Agreement; (d) any breach of the City's or Sponsor's policies, codes of conduct, or reasonable corporate or civic responsibility standards, in place or as revised from time to time; and ( e) · either party has or becomes insolvent or goes into liquidation or has a receiverappointed in respect of any of its assets, or is subject to any proceedings under the Bankruptcy Act and Insolvency Act (Canada) or the Companies' Creditors Arrangement Act (Canada) or any laws of like· import, or ceases or threatens to cease to carry on business, then such party shall be in breach of this Agreement. 7.2 Except as set out in Section 10.1, any breach of this Agr~ement that is not remedied by the Defaulting Party within fourteen (14) days after delivery of written notice from the Non-Defaulting Party entitles the Non-Defaulting Party to terminate this Agreement. Termination due to Default 8.1 If any default for which notice is received but not cured within the time stated in . Section 7.2, this Agreement shall, at the option of the Non-Defaulting Party, terminate without any further notice, effective immediately upon expiration of the said notice period, and the Defaulting Party shall be "fully liable for all costs, losses and d~mage incurred by the Non-Defaulting Party, and for all monies owing by the Defaulting Party under this Agreement. · · Indemnification 9.1 Each of the City and the Sponsor shall indemnify and hold harmless the other, including their respective directors, officers, employees, Council members and authorized agents, from and against any and all actions losses, damages, claims (including intellectual property claims), costs and expenses to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sponsor, as the case may be, or any property by reason of any wrongful act, 3 53 54 negligence or default on the part of the party so in.demnifying or any person for · whom it is in law responsible. Assignment 10.1 The Sponsor shall not transfer or assign this Agreement or any interest in this Agreement, either voluntarily or by operation of laws or otherwise, without the prior written consent of the City. Any attempted transfer or assignment by the Sponsor without the prior written consent of the City shall permit the City, at its option, to immediately terminate this Agreement and the Sponsor shall be fully liable for anything it owes under this Agreement, and all c.osts, .losses and damages incurred by the City. Partnership 11.1 Nothing ·herein contained is intended or shall be construed as in any way creating a relationship of partnership, joint venture or agency between the parties. Representatives 12.1 The Sponsor agrees to appoint Dave Friedman (Phone: 416. 649.4455, Email:. dfriedman@chestnuthilihomes.ca) as the Sponsor's Agreement manager (the "Sponsor's Representative") to liaise with the City on all matters relating to the fulfillment of the obligations set out in this Agreement. 12.2 The City agrees to appoint Mark Guinto (Phone: 905.420.4660 ·ext. 2013 Email: mguinto@pickering.ca)·as the City's Agreement manager (the "City's Representative") to liaise with the Sponsor on all matters relating to the fulfillment of the obligations set out in this Agreement. Notice~ 13.1 Any notice required or permitted to be given hereunder shall be in writing and may be given by serving person?)IIY or mailing same by registered mail, postage prepaid, return receipt requested, or by sending same by email or other similar form of communication to the following: · Sponsor Name: Dave Friedman Address: 150 Ferrand Drive, Suite 801 Title:.CEO Phone: 416.649.4455 Fax: 416.499.1844 Email:. dfriedman@chestnuthillhomes.ca 4 City of Pickering Name: Mark Guinto Address: One The Esplanade Title: Manager, Public Affairs & Corporate Communications Phone: 905.420.4660 ext. 2013 Fax: 905.420.6064 Email: mguinto@pickering.ca and such notice shall be sufficiently given if addressed to the party's address as set out above. Insurance 14.1 The City, at its sole cost and expense; shall purchase and keep in full force ·and effect during the Term, comprehensive general liability insurance pertaining to the City's liability to others in respect of injury,• death or damage to property with coverage. for c!nY one occurrence or claim of not less than $2,000,000.00. Further Acts 15.1 The parties hereto agree for themselves and their successors and assigns to execute any further documents and do such further acts as may be necessary .or . desirable to carry out the intent of this Agreement. Governing l,..aw 16.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Entire Agreement and Modifications 17.1 This Agreement contains the entire Agreement between the parties hereto in reference to the s.ubject matter hereof and no representation, inducement, promise or agreement, oral or otherwise, not embodied herein·, shall be ·of any force or effect. This Agreement supersedes any and all prior agreements·, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. No change, modification or alteration of this Agreement shall be valid unless it is in writing and signed by all the parties hereto. Schedule "A" attached to this Agreement forms part of this Agreement. Binding Effect 18.1 This Agreement shall enure to the benefit' of and being binding upon the City and the Sponsor and their respective successors and permitted assigns. 5 55 56 Waiver 19.1 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 cov-enants under this Agreement shall not constitute a waiver of the terms1 condi-tions and covenants herein with respect to that or any other or subsequent breach thereof r:1or a waiver by that party any time thereafter to require stricJ com-pliance with all·terms, conditions and covenants hereof, including the terms, con-ditions 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 applica-· ble party which expressly waives a right, power or option under this Agreement. . ' Counterparts · 20.1 This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts shall be accepted in original, electronic, or facsimile form, and the ·parties to this Agreement adopt any signatures received by receiving facsimile or electronic mail as original signatures of the parties. General 21.1 Should any provision or provisions of this Agreement be illegal or not enforceable, it or they shall be considered separate and severable from this Agreement and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 21.2 The headings in this Agreement have been inserted as a matter of convenience arid for reference only and in no way.define, limit.or enlarge the scope of · meaning of this Agreement nor any of the provisions hereof. 21.3 This Agreement and any information or documents that are provided hereunder may be released pu~suant to the provisions of the Municipal Freedom of · Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a Waiver of any right to object to the release of this Agreement or of any information or documents. IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date noted herein.. · 6 DATED this __ day of _______ , 2019 S1.GNED, SEALED and.DELIVERED: Chestnuf Hill Developments Name: Title: Name: Title: I/We have the aµthority to bind the ·corporation. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk 7 57 58 Schedule "A'' Benefits · Category Exclusivity On Building Signage Corporate Brand and Logo integrated into Lobby and Reception renovation Opportunity for on site, in building story telling in newly renovated Lobby Identification on new LED sign · City Wid.e Directional Signage Identification and link to Chestnut Hills Developmei:,t on City Web Site, Identification on Leisure Guide web page, swimming web page and skating web page Identification on all collateral material, digital media including telephone To be negotiated number nf annual family passes To be negotiated number of uses of facility for client hospitality, free skate, and/or employee hospitality 8 !ATTACHMENT# ::z.. TO REPORT#~nl SPONSORSHIP ~GREEMENT. THIS AGREEMENT made as of , 2019. ------------BETWEEN: * (the "Sponsor") and The Corporation of the City of Pickering (the "City") WHEREAS: A. The City owns a __________________ located at _______________ , Pi.ckering (the "Complex") and the . City desires to secure sponsorships for various components of the Complex. B. . The Sponsor is agreeable to be the naming sponsor of the Complex in accordance with the terms and conditions of this Agreement. ·NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: Term 1. The term of this Agreement shall be _____ LJ years commencing on ----------------and expiring on _________ , unless terminated earlier pursuant to the te-rms of this Agreement (the ''Term"). 2. Upon expiry of this Agreement, the parties will have no further obligation under this Agr~ement, except to complete any such promotional activities commenced prior to said expiration. Sponsorship 3. The Sponsor agrees to pay to the City a cash contribution in the amount of $ _____ , plus applicabl~ H.S.T. (the "Contributionn). 4. The Contribution shall be paid by the Sponsor to the City in equal annual installments of$ · , plus applicable H.S.T., within thirty (30) days of the end of each year of the Term. 5. . In exchange for the Sponsor's Contribution, the City shall provide to the Sponsor the benefits set out in Schedule "A" attached hereto. · 1 59 6-0 Trademark and Logo Use 6. Upon the request .af the City, the Sponsor will provide its approved name, logo and branding, and hereby grants to the City a non-exclusive licence to use the Sponsor's name, logo and branding in prom·otional activities and materials related to_ its sponsorship .of the Complex. The City's name and logo are intellectual property owned by the City and may be used only in strict accordance . with this Agreement and applicable City policies. The use of the City's name or logo in conjunction with any sponsorship activity or materials provided by the Sponsor requires prior written approv·a1 by the City, such approval not to be unreasonably withheld. Such written approval shall be sought from the City's Representative set out in Section f7. Each of the City and the Sponsor represents and warrants that it is the sole owner of all legal rights to its name, logo and branding. 7. Neither party shall receive any rights whatsoever from the use of the intellectual property of the other party, including any rights of trademark, service mark or copyright. All such rights remain the sole and exclusive properti of the registered. owner. Option to Extend 8. Provided the Sponsor is not in default of its obligations µnder this Agreement, the parties may mutually agree to extend the Term of this Agreement for an · additional ________ (_) years upon terms and conditions to be agreed upon between the parties prior to the expiration of the Term. If, prior tq the expiration of the Term, the parties are unable to agree to the terr:ns and conditions of the extension term, then this Agreement sh.all terminate upon the expiration of the Term. Compliance with Laws 9. This Agreement and the rights and obligations of the parties hereto shall be subject to, and the parties hereby agree to comply with, all applicable federal and · provincial laws, bylaws, and regulations, in force and as amended from time to time. Default 10. Each of the following events constitutes an event of default enabling the party' not in default (the "Non-Defaulting Party") to tetminate this Agreement pursuant to the terms below: · (a) either party's failure to perform. any covenant, condition, or obligation contained in this Agreement (the "Defaulting Party"); · · 2 (b) · any event or communication under the direction or control of the City or the Sponsor (including by their respective representatives, officers, directors1 Council members, employees or authorized agents)1 whether .or not such event or statement' accurately reflects the views and opinions of said party, that the other party, in its sole discretion and opinion, considers immoral, offensive, or contrary to its values, or which may result in a · negative public perception of such party; (c) any breach of any law, by-law or regulation applicable to this Agreement; (d) any breach of the City's or Sponsor's policies, codes of conduct, or reasonable corporate or civic responsibility standards, in place or as revised from time to time; and (e) either party has or becomes insolvent or goes into liquidation or has a receiver appointed in respect of any of its assets, or is subject to any . proceedings under the Bankruptcy Act and Insolvency Act (Canada) ·or the Companies' Creditors Arrangement Act (Canada) or any laws of like import, or ceases or threatens t,o cease to carry on business, then such party shall be in breach .of this Agreement. 11. Except as set out in Section 14, any breach of this Agreement that is not remedied by the Defaulting Party within fourteen (14) days after delivery of written notice from the Non-Defaulting Party entitles the Non-Defaulting Party to terminate this Agreement._ Termination due to Default 12. If any default for which notice is received but not cured within the time stated in Section 11, this Agreement shall, at the option of the Non-Defaulting Party, terminate without any further notice, effective immed_iately upon expiration of the said notice period, and the Defaulting Party shall be fully liable for all costs, losses and damage incurred by the Non-Defaulting Party, and for all monies owing· by the Defaulting Party under this Agreement. Indemnification 13: Each of the City and the Sponsor shall indemnify and hold harmless the ·other, including thef r respective directors, officers, employees, Council members and authorized agents, from and against any and all actions losses, damages, claims (including intellectual property claims), costs and expenses to which the party being indemnified shall or may become liable by reason of any breach, violatior:i or non-pe~ormance by the party so indemnifying of any covenant, term or provision of this Agreement or by reason of any damage, injury or .death occasioned to or suffered by any person or persons including the City or the Sponsor, as the case may qe, or any property by reason of any wrongful act, 3 61 62 negligence or default on the part of the party so indemnifying or any perso'n for whom it. is in law responsible .. · Assignment 14. The Sponsor shall not transfer or assign this Agreement or any interest in this Agreement, either voluntarily or by. operation of laws or otherwise, without the · prior written consent of the City_. Any attempted transfer or assignment by the Sponsor without the prior written consent of the City shall permit the City, at its option, to in:,mediately terminate this Agreement and the Sponsor shall be fully liable for anything it owes under this Agreement, and all costs, losses and damages incurred by the City. Partnership 15. Nothing herein contained is intended or shall be construed as in any way creating a relationship of partnership, joint venture or agency between the parties. Representatives 16. The Sponsor agrees to appoint __________ (Phone: ________ , Email:-(the "Sponsor's Representative") to liaise with the City on all matters relating to the-fulfillment of the obligations set out in this Agreement 17. The City agrees to appoint . (Phone , . 905.420.4660, Email: _________ __, (the "City's Representative") to liaise with the Sponsor on all matters relating to the fulfillment of the obligations set out in this Agreement Notices 18. Any notice required or permitted to be given hereunder shall be in writing and may be given by serving personally or mailing same by registered mail, postage prepaid, return reGeipt requested, or by sending same by email qr other similar form of communication to the following: to the Sponsor at: Name: Address: Title: Phone: Fax: Email: 4 and to the City at: · Name: Address: One The Esplanade Title: Phone: 905.420.4660 Fax: 905.420.9685 Email: and such notice shall be sufficiently given if addressed to the party's address as set out above. Insurance 19. The City, at its sole cost and expense, shall. purchase and keep in full force and effect during the Term, comprehensive general liability insurance per:taining to the City's liability to others in respect of injury, death or damage to property with coverage for any one occurrence or claim of not less than $2,000-,000.00 Further Acts 20. The parties hereto agree for themselves and their successors and assigns to execute any further documents and do such further acts as may be necessary or desirable to carry out the intent of this Agreement. Governing Law 21. This Agreement shall be governed by and construed in accordance with the_ laws of the Province of Ontario and the laws of Canada applicable therein. Entire Agreement and Modifications 22. This Agreement contains the entire Agreement between the parties hereto in reference to the subject matter hereof and no representation, inducement, promise or agreement, oral or otherwise, not embodied herein, shall be of any force ·or effect. This Agreement supersedes any and all prior agreements, negotiations, correspondehce, undertakings, promises,· covenants, arrangements, communications, ~epresentations, and warranties, whether oral or written, of any party.to this Agreement. No change, modification or alteration of this Agreement shall be valid unless it is in writing and signed by all the parties hereto. Schedule "A" attached to this Agreer:nent forms part of this Agreement. Binding Effect 23. This Agre~ment shall enure to the benefit of and being binding upon the City and the Sponsor and their respective success~:>rs and permitted assigns. 5 63 64 Waiver 24. 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 cov-enants under this Agreement shall not constitute a waiver of the terms, condi-tions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver· by that party any time thereafter to require strict com-pliance with all terms, conditions and covenants hereof, including the terms, con-ditions and covenants with respecno 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 sigried by a duly authorized officer of the applica-ble party which expressly w?ives a right, power or option under this Agreement. Counterparts 25. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts shall be accepted in original, electronic, or facsimile form, and the parties to this Agreement adopt any signatures received by receiving facsimile or electronic mail as original signatures of the parties. General 26. 27. 28. 29. The recitals to this Agreement are true in substance and fact and are incorporated herein. · Should any provision or provisions of this Agreement be illegal or not enforceable, it or they shall be considered separate and severable from this Agreement and its remai'ning provisions shall remain in force and be binding upon the parties h~reto as though the said provision o~ provisions had never been included. The headings in this Agreement have.been inserted as a matter of convenience · and for reference only and in no way define, limit or enlarge the scope of meaning of this Agreement nor any of the provisions hereof. This Agreement and any information or documents that are provided hereunder may be released pursuant to the provisio'ns of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 6 IN WITNESS WHEREOF the parties have executed this Agreement effective as of the date noted herein. DATED this __ day of ______ , 2019 SIGNED, SEALED and DELIVERED: * Name: Title: Name: Title: I/We have the authority to bind the Corporation. The Co~poration of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk· 7 65 66 Schedule "A" Benefits [to be inserted] 8