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HomeMy WebLinkAboutNovember 4, 2019City 6h DICKERING Executive Committee Meeting Agenda November 4, 2019 Council Chambers — 2:00 pm Chair: Councillor McLean Page 1. Disclosure of Interest 2. Delegations 3. Matters for Consideration 3.1 Director, Finance & Treasurer, Report FIN 19-19 1 2019 Year End Audit Staff/Consultant Delegation Pina Colavecchia, Partner, Deloitte LLP on Report FIN 19-19. Recommendation: 1. That the Audit Service Plan as submitted by Deloitte LLP, included in this report, be received for information; and, 2. That the Chief Administrative Officer and the Director, Finance & Treasurer be authorized to sign the Master Services Agreement on behalf of the City. 3.2 Director, Corporate Services & City Solicitor, Report BYL 01-19 34 11th Annual Toys for Tickets and Food for Fines 2019 Recommendation: 1. That parking tickets issued between December 1 through 20, 2019 be eligible for the Toys for Tickets/Food for Fines program; 2. That the Toys for Tickets/Food for Fines program be implemented from December 1 through December 20, 2019; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Executive Committee Meeting Agenda November 4, 2019 Council Chambers — 2:00 pm Chair: Councillor McLean 3.3 Director, Community Services, Report CS 13-19 Lease Agreements - Sports Associations Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron set out in Attachment No. 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Panthers Junior A Hockey Club set out in Attachment No. 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with The Durham Dolphins Football Club set out in Attachment No. 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 3.4 Director, Community Services, Report CS 36-19 Public Art Policy - Council Endorsement Recommendation: 1. That Council approve the Public Art Policy as set out in Attachment 1, subject to minor revisions deemed acceptable to the Director, Community Services; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 36 63 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Executive Committee Meeting Agenda November 4, 2019 Council Chambers — 2:00 pm Chair: Councillor McLean 3.5 Director, Community Services, Report CS 37-19 2020 Community Festivals and Events - Approval of 2020 Events in Esplanade Park Recommendation: 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on June 19, 2020 for Big Drum Social, 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 Filipino -Canadian Heritage & Resource of Durham on June 20, 2020 for ADOBO Festival 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 Esplanade Park by Frederica Black Events on July 18, 2020 for Brew & BBQ Fest 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 Canadian Food Truck Festivals from August 7 to August 9, 2020 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 5. That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo -Canadian Cultural Association of Durham Inc. on August 16, 2020 for Festival of India's Heritage, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 87 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Executive Committee Meeting Agenda November 4, 2019 Council Chambers — 2:00 pm Chair: Councillor McLean 3.6 Director, Engineering Services, Report ENG 10-19 Proposed Stopping Restrictions Wheatsheaf Lane and Rosefield Road Recommendation: 1. That the attached draft by-law be enacted to amend Schedule "1" to By-law 6604/05 to provide for the regulation of stopping on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to provide for stopping restrictions on Wheatsheaf Lane and Rosefield Road; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Other Business 5. Adjournment 92 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cfy �t DICKERING Report to Executive Committee Report Number: FIN 19-19 Date: November 4, 2019 From: Stan Karwowski Director, Finance & Treasurer Subject: 2019 Year End Audit Recommendation: 1. That the Audit Service Plan as submitted by Deloitte LLP, included in this report, be received for information; and 2. That the Chief Administrative Officer and the Director, Finance & Treasurer be authorized to sign the Master Services Agreement on behalf of the City. Executive Summary: In accordance with generally accepted auditing standards, the Audit Plan is prepared to communicate the auditor's approach and reporting responsibilities to the Executive Committee, who has oversight responsibility for the financial reporting process. This plan is submitted at the commencement of the year end audit. Financial Implications: The base audit fee for City and Library is estimated at $70,000. This is the same fee as in the previous year. Sufficient provision is available in the 2019 Budget. Discussion: In the Committee's role as the body responsible for oversight of the financial reporting process, it must review the Audit Plan for the 2019 year end audit. The Audit Plan includes the scope of the audit services to be provided, the auditor's reporting responsibilities and an outline of the audit approach. It is included as Attachment 1 to this report. At the Council meeting of June 24, 2019, Resolution 108/19 reappointed Deloitte LLP as the City's external auditors for a period of 3 years from and including 2019 to 2021. Deloitte LLP requires a Master Services Agreement (MSA) to be executed at the start of the audit which summarizes the services they will provide, their responsibilities, management's responsibilities, and the estimate of the audit fees. The MSA is included as Attachment 2 to this report. - 1 - FIN 19-19 November 4, 2019 Subject: 2019 Year End Audit Page 2 Attachments: 1. 2019 Audit Service Plan 2. Master Services Agreement Prepared By: Original Signed By: Kristine Senior, CPA, CA Manager, Accounting Services Approved/Endorsed By: Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer 2 Deloitte Attachment #1 to Report #FIN 1919 The Corporation of the City of Pickering 2019 Audit Service Plan For the year ending December 31, 2019 To be presented to the Executive Committee November 4, 2019 3 Deloitte October 17, 2019 Private and Confidential To the Members of the Executive Committee of The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 2019 Audit Service Plan Dear Executive Committee members: Deloitte LLP 400 Applewood Crescent Suite 500 Vaughan ON L4K OC3 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte,ca We are pleased to present our 2019 Audit Service Plan for The Corporation of the City of Pickering (the "City"), which describes our audit scope and strategy, our audit approach and our planned communications with you. Our audits will include: • An audit of the City of Pickering's consolidated financial statements (the "Financial Statements") for the year ending December 31, 2019 prepared in accordance with Canadian Public Sector Accounting Standards ("PSAS") • An audit of the City of Pickering Public Library Board's financial statements for the year ending December 31, 2019 prepared in accordance with Canadian PSAS, and • An audit of the Trust Funds of the City of Pickering's financial statements for the year ending December 31, 2019 prepared in accordance with Canadian Accounting Standards for Not -for -Profit Organizations. We are providing this Audit Service Plan to the Executive Committee ("the Committee") on a confidential basis. It is intended solely for the use of the Committee to assist you in discharging your responsibilities with respect to the various financial statement audits enumerated above and is not intended for any other purpose. Accordingly, we disclaim any responsibility to any other party who may rely on it. We look forward to discussing our Audit Service Plan with you and to answering any questions that you may have. Yours truly, Chartered Professional Accountants Licensed Public Accountants 4 The Corporation of the City of Pickering 1 Table of contents Table of contents Our audit explained 1 Audit risks 3 Appendix 1 - Audit approach 5 Appendix 2 - Communication requirements 8 Appendix 3 - New and revised Public Sector Accounting Standards 10 © Deloitte LLP and affiliated entities 5 The Corporation of the City of Pickering 1 Our audit explained Our audit explained Group audit When designing aur audit strategy, we consider: • The financial significance or relative importance of the consolidated entities as well as government business enterprises accounted for on a modified equity basis • The complexity and nature of the operations, internal control and accounting issues of each consolidated entity and the government business enterprise, and • The degree of centralization or decentralization of processes and controls. On April 1, 2019, Veridian Corporation amalgamated with Whitby Hydro Energy Corporation to form Elexicon Corporation, in which the City owns a 27.88% interest. We intend to use the work of the external auditor of Elexicon Corporation as part of our audit of the City's Financial Statements. We will complete the required communications with the component auditor, ensure the accounting for the City's share of Elexicon is appropriate and ensure the disclosures in the Financial Statements are adequate. Group Audit Audit scope and terms of engagement We have been engaged to perform the audits of the City, Library, and Trust Funds' Financial Statements as at, and for the year ending, December 31, 2019 (the "Financial Statements") prepared in accordance with Canadian Public Sector Accounting Standards ("PSAS") for the City and the Library Board and Canadian Accounting Standards for Not -For -Profit Organizations for the Trust Funds. Our audits will be conducted in accordance with Generally Accepted Auditing Standards ("GAAS"). The terms and conditions of our engagement are described in the Master Services Agreement for Professional Services dated October 17, 2019, to be signed on behalf of management and the Executive' Committee. We have scheduled the interim audit the week of November 4, 2019 and the year-end fieldwork commencing the week of March 16 for the Library Board and Trust Funds audits, and week of March 23, 2020 for the City audit. Scope and terms of engagement Materiality Materiality We are responsible for providing reasonable assurance that your Financial Statements as a whole are free from material misstatement. Our materiality levels are based on professional judgment and will be determined using total expenses or fund balances as a reference point for the ultimate determination of materiality as follows: • Consolidated Financial Statements for the City — 2.5 — 3.D% of expenses • City of Pickering Public Library Board — approximately 3.0% of expenses, and • City of Pickering Trust Funds — approximately 3.0% of fund balances. We will inform the Executive Committee of all uncorrected misstatements greater than a clearly trivial amount (5% of materiality) and any misstatements that are, in our judgment, qualitatively material. In accordance with Canadian GAAS, we will ask that any misstatements be corrected. 1 6 Audit risks Audit risks Through our preliminary risk assessment process, we have identified the audit risks. These risks of material misstatement and related audit responses are described in the Audit risks section of this report. © Deloitte LLP and affiliated entities The Corporation of the City of Pickering 1 Our audit explained Fraud risk We will develop our audit strategy to address the assessed risks of material misstatement due to fraud. Determining this strategy will involve: 1. Enquiry of those involved in the financial reporting process about inappropriate or unusual activity at the City and/or related entities. 2. Testing a sample of journal entries throughout the fiscal year as well as adjustments made at the end of the fiscal year. 3. Identifying and obtaining an understanding of the business rationale for significant or unusual transactions that are outside the normal course of business. 4. Evaluating whether the City's accounting policies may be indicative of fraudulent financial reporting resulting from management's effort to manage financial results. 5. Evaluating whether the judgements and decisions related to management estimates indicate a possible bias. 6. Incorporating an element of unpredictability in selecting our audit procedures. We will also ask the Executive Committee for their views about the risk of fraud, whether they know of any actual or suspected fraud affecting the City and their role in the oversight of management's antifraud programs. If we suspect fraud involving management, we will immediately inform the Executive Committee of our suspicions and discuss the nature, timing, and extent of audit procedures necessary to complete the audit. Reliance on service organization Fraud risk Complete engagement reporting Under Canadian GAAS, we are required to communicate certain matters to the Executive Committee. The primary reports and formal communications through which we will address these matters are: • This Audit Service Plan • Year End Communication, and • Our Auditor's Reports on the Financial Statements. Further details on our communication requirements are included in Appendix 2. Our audit reports Reliance on service organization The City employs the following third party service organization in an outsourcing arrangement that impacts financial reporting information: • ADP Canada (payroll) We intend to rely on the service auditor's report issued for this third party service organization. If our assessment does not provide us with sufficient appropriate audit evidence, we will need to perform additional audit procedures to address the risks of material misstatements in the Financial Statements. Use of specialists We also intend to use the work of the City's independent actuary in their determination of the City's post -employment and worker's compensation benefits. We will review and test any data and assumptions used, ensure the disclosure in the Financial Statements is adequate, obtain confirmation from the actuary, and confirm that the actuary is in good standing with the Canadian Institute of Actuaries. 2 7 Communication with the Executive Committee © Deloitte LLP and affiliated entities The Corporation of the City of Pickering 1 Audit risks Audit risks The following tables set out the audit risks that we identified during our preliminary planning activities, including our proposed response to each risk. Our planned audit response is based on our assessment of the likelihood of a risk's occurrence, the significance should a misstatement occur, our determination of materiality and our prior knowledge of the City. Revenue recognition* Audit risk Canadian GAAS includes the presumption of a fraud risk involving improper revenue recognition. (Revenue/deferred revenue) Management override of controls* Audit risk Under Canadian GAAS, it is the responsibility of the management, with the oversight of those charged with governance, to place a strong emphasis on fraud prevention and detection. Oversight by those charged with governance includes considering the potential for override of controls or other inappropriate influence over the financial reporting process. Management override of controls is present in all entities. It is a risk of material misstatement resulting from fraud and therefore is considered as a significant risk. Our proposed audit response • Certain revenue streams are presumed areas of significant audit risk. We will test the design and implementation of controls in significant revenue streams and perform substantive analytic procedures and/or detailed testing in these areas, and • Substantive testing to determine if restricted contributions (i.e. development charges), and government transfers/grants have been recognized appropriately. (Revenue vs. deferred revenue). Our proposed audit response • Engage in periodic fraud discussions with certain members of senior management and others • Consider the potential for bias in judgments and estimates, including performing retrospective analysis of significant accounting estimates • Evaluate the business rationale for any significant unusual transactions • Evaluate the City's fraud risk assessment and consider entity -level internal controls and internal controls over the closing and reporting process • Test journal entries that exhibit characteristics of possible management override of controls, identified using manual techniques. 3 © Deloitte LLP and affiliated entities 8 The Corporation of the City of Pickering 1 Audit risks Merger of Veridian Corporation and Whitby Hydro Energy Corporation during fiscal 2019 and the City's interest in Elexicon Corporation as at December 31, 2019 Audit risk On April 1, 2019, Veridian Corporation and Whitby Hydro Energy Corporation amalgamated to form Elexicon Corporation, in which the City owns a 27.880/0 interest. There is a risk that the amalgamation transaction, including the City's investment in Elexicon Corporation and any promissory notes outstanding associated with this investment, have not been properly accounted for or disclosed in the financial statements for the fiscal year ending December 31, 2019. Implementation of new financial system Audit risk The City is in the process of implementing a new financial system, SAP, which is expected to go live during fiscal 2020. Given the complexity associated with such a significant undertaking and the impact on numerous City departments, proper planning is critical to ensure implementation success and the proper conversion and migration of financial data. Our proposed audit response • Review merger agreements to understand the structure of the transaction, and assess the impact on the accounting in the City's consolidated Financial Statements. • Review legacy promissory notes previously issued to Veridian Corporation (that were transferred into Elexicon Corporation on formation), and ensure they have been properly accounted for. • Ensure that the City's interest in Elexicon Corporation has been properly disclosed in the financial statements. Our proposed audit response • Although the go live date is scheduled for fiscal 2020, as part of the 2019 audit, we will obtain an understanding of the project scope for the systems implementation through discussion with Finance and IT management to assess the implications on our audit strategy. • We will obtain an understanding of the City's data conversion and migration plans from the current to the new system to assess the impact on the extent of testing required. • We will also discuss with management to ensure that key considerations and audit trail as part of a typical systems integration have been factored into the project plan. • Based on the discussions above, we will formulate our preliminary systems. and data conversion testing plan for the 2020 audit. *Significant audit risks, as required by Canadian Auditing Standards As we perform our audit procedures, we will inform you of any significant changes to the audit risks discussed above and the reasons for those changes. 4 © Deloitte LLP and affiliated entities 9 The Corporation of the City of Pickering 1 Appendix 1 - Audit approach Appendix 1 -Audit approach Deloitte's audit approach is a systematic methodology that enables us to tailor our audit scope and plan to address the unique issues facing the City. The following steps are not necessarily sequential nor are they mutually exclusive. For example, once we have developed our audit plan and the audit is being performed, we may become aware of a risk that was not identified during the planning phase. Based on that new information, we would reassess our planning activities and adjust the audit plan accordingly. 1. Initial planning The Deloitte audit approach begins with an extensive planning process that includes: • Assessing your current business and operating conditions • Understanding the composition and structure of your business and organization • Understanding your accounting processes and internal controls • Understanding your information technology systems • Identifying potential engagement risks • Planning the scope and timing of internal control and substantive testing that take into account the specific identified engagement risks 2. Assessing and responding to engagement risk Our audit approach combines an ongoing identification of risks with the flexibility to adjust our approach when additional risks are identified. Since these risks may impact our audit objectives, we consider materiality in our planning to focus on those risks that could be significant to your financial reporting. Consideration of the risk of fraud When we identify a misstatement or control deficiency, we consider whether it may be indicative of fraud and what the implications of fraud and significant error are in relation to other aspects of the audit, particularly the reliability of management representations. In determining our audit strategy to address the assessed risks of material misstatement due to fraud, we will: • Assign and supervise personnel, taking into account the knowledge, skill and ability of individuals with significant engagement responsibilities and our assessment of the risks of material misstatement due to fraud for the engagement. • Evaluate whether the City's selection and application of accounting policies, particularly those related to subjective measurements and complex transactions, may be indicative of fraudulent financial reporting resulting from management's effort to manage results. • Incorporate an element of unpredictability when selecting the nature, timing and extent of our audit procedures. 5 © Deloitte LLP and affiliated entities - 10 - The Corporation of the City of Pickering 1 Appendix 1 — Audit approach We will inquire directly of the Executive Committee regarding: • Its views about the risk of fraud • Whether it has knowledge of any actual or suspected fraud affecting the City, and • The role it exercises in the oversight of fraud risk assessment and the establishment of mitigating controls. We will also inquire if the Executive Committee is aware of tips or complaints regarding the City's financial reporting and, if so, the Executive Committee's responses to such tips and complaints and whether it is aware of matters relevant to the audit, including, but not limited to, violations or possible violations of laws or regulations. If we suspect fraud involving management, we will communicate these suspicions to the Executive Committee and discuss the nature, timing, and extent of audit procedures necessary to complete the audit. Information technology An important part of our audit planning process involves gaining an understanding of: 1. The importance of the computer environment relative to the risks to financial reporting 2. The way in which that environment supports the control procedures we intend to rely on when conducting our audit, and 3. The computer-based information that supports our substantive procedures. The objective of our review of computer controls is to identify potential areas of risk and assess the relevance, reliability, accuracy and completeness of the data produced by the systems. We also assess the design and implementation of the computer environment and determine the reliability of the financial information used to generate the financial statements. To accomplish this, we gain an up-to-date understanding of your organization's computer processing environment and our understanding of the relevant general computer controls. 3. Developing and executing the audit plan The performance of an audit includes evaluating the design and determining the implementation of internal controls relevant to the audit, testing the operational effectiveness of the controls we intend to rely on, and performing substantive audit procedures. Audit procedures The timing of our audit procedures is dependent upon a number of factors including the need to coordinate with management for the provision of supporting analysis and other documentation. Generally, we perform our audit procedures to allow us sufficient time to identify significant issues early, thereby allowing more time for analysis and resolution. Tests of controls As part of our audit, we will review and evaluate certain aspects of the systems of internal control over financial reporting to the extent we consider necessary in accordance with Canadian GAAS. The main objective of our review is to enable us to determine the nature, extent and timing of our audit tests and establish the degree of reliance that we can place on selected controls. An audit of the financial statements is not designed to determine whether internal controls were adequate for management's purposes or to provide assurance on the design or operational effectiveness of internal control over financial reporting. 6 © Deloitte LLP and affiliated entities The Corporation of the City of Pickering 1 Appendix 1 - Audit approach The extent to which deficiencies in internal control may be identified through an audit of financial statements is influenced by a variety of factors including our assessment of materiality, our preliminary assessment of the risks of material misstatement, our audit approach, and the nature, timing and extent of the auditing procedures that we conduct. Accordingly, we gain only a limited understanding of controls as a result of the procedures that we conduct during an audit of financial statements. We will inform the Executive Committee and management of any significant deficiencies that are identified in the course of conducting the audit. Substantive audit procedures Our substantive audit procedures consist of a tailored combination of analytical procedures and detailed tests of transactions and balances. These procedures take into account the results of our controls tests and are designed to enable us to obtain reasonable assurance that the financial statements are free from material misstatements. To obtain this assurance, misstatements that we identify while performing substantive auditing, procedures will be considered in relation to the financial statements as a whole. Any misstatements that we identify, other than those that are clearly trivial (the clearly trivial threshold has been set at 5% of materiality), will be reported to management and the Executive Committee. In accordance with Canadian GAAS, we will request that misstatements be corrected. Use of the work of specialists The Deloitte audit is distinguished by the use of industry and functional specialists who are integral to the audit team and carry a deeper understanding of specific topics. These specialists augment the core engagement audit team in understanding business processes and related risks, and help the audit engagement team apply an appropriate level of professional skepticism to challenge significant management assumptions. For the audit, we will use Deloitte computer assurance specialists to assist us in performing our audit procedures to test the design and implementation of general computer controls. Our specialists are actively involved in the planning and risk assessment process, and will be available to the audit team and the City management year-round to discuss ongoing risk assessments, industry developments and other matters of interest. 4. Reporting and assessing performance Perform post -engagement activities We will analyze the results of the audit procedures performed throughout the year and, prior to rendering our report, we will conclude whether: • The scope of the audits was sufficient to support our opinion, and • The misstatements identified during the audits do not result in the financial statements being materially misstated. Independence We have developed important safeguards and procedures to protect our independence and objectivity. If, during the year, we identify a breach of independence, we will communicate it to you in writing. Our communication will describe the significance of the breach, including its nature and duration, the action taken or proposed to be taken, and our conclusion as to whether or not the action will satisfactorily address the consequences of the breach and have any impact on our ability to serve as independent auditor to the City. We are independent of the City and we will reconfirm our independence in our final report to the Executive Committee. 7 © Deloitte LLP and affiliated entities - 12 - Inquiries of those charged with governance Year-end communication The Corporation of the City of Pickering 1 Appendix 2 - Communication requirements Appendix 2 -Communication requirements Required communication Reference Audit Service Plan 1. Our responsibilities under Canadian GAAS, including forming and expressing an opinion CAS' 260.14 on the financial statements 2. An overview of the overall audit strategy, addressing: a. Timing of the audits b. Significant risks, including fraud risks, and c. Planned responsibilities of other independent public accounting firms or others that perform audit procedures in the audits CAS 260.15 3. Significant transactions outside of the normal course of business, including related party CAS 260 App. 2, transactions CAS 550.27 4. How those charged with governance exercise oversight over management's process for CAS 240.20 identifying and responding to the risk of fraud and the internal control that management has established to mitigate these risks 5. Any known suspected or alleged fraud affecting the City CAS 240.21 6. Whether the City is in compliance with laws and regulations CAS 250.14 7. Fraud or possible fraud identified through the audit process CAS 240.40-.42 8. Significant accounting policies, practices, unusual transactions, and our related conclusions CAS 260.16 a. 9. Alternative treatments for accounting policies and practices that have been discussed CAS 260.16 a. with management during the current audit period 10. Matters related to going concern CAS 570.25 11. Management judgments and accounting estimates CAS 260.16 a. 12. Significant difficulties, if any, encountered during the audits CAS 260.16 b. 13. Material written communications between management and us, including management CAS 260.16 c. representation letters 14. Other matters that are significant to the oversight of the financial reporting process CAS 260.16e. 15. Modifications to our opinions CAS 260.A21 16. Our views of significant accounting or auditing matters for which management consulted CAS 260.A22 with other accountants and about which we have concerns 17. Significant matters discussed with management CAS 260.A22 CAS: Canadian Auditing Standards - CAS are issued by the Auditing and Assurance Standards Board of CPA Canada 8 © Deloitte LLP and affiliated entities - 13 - The Corporation of the City of Pickering 1 Appendix 2 — Communication requirements Required communication Reference 18. Matters involving non-compliance with laws and regulations that come to our attention CAS 250.23 19. Significant deficiencies in internal control, if any, identified by us in the conduct of the CAS 265 audits of the financial statements 20. Uncorrected misstatements and disclosure items CAS 450.12-13 21. Any significant matters arising during the audits in connection with the City's related CAS 550.27 parties 9 © Deloitte LLP and affiliated entities - 14 - The Corporation of the City of Pickering 1 Appendix 3 — New and revised Public Sector Accounting Standards Appendix 3 New and revised Public Sector Accounting Standards The following is a summary of certain new and revised Canadian Public Sector Accounting Standards that will became effective in 2019 and beyond. To review all recent amendments that will impact your organization in the foreseeable future, we invite you to review our Standard-setting Activities Diciest, included in our Centre for Financial Reporting (www.cfr.deloitte.ca). Title Description Effective date Section PS 3430 — Restructuring transactions This Section establishes standards on how to account for and report restructuring transactions by both transferors and recipients of assets and/or liabilities, together with related program or operating responsibilities. This Section applies to restructuring transactions occurring in fiscal years beginning on or after April 1, 2018. Earlier adaption is permitted. This is applicable far the City's December 31, 2019 year end; however, we are not aware of any restructuring transactions impacting the City. Section PS 2601 — Foreign currency This section establishes standards on how to account and report transactions that are denominated in a foreign currency. This Section is effective for: (i) Government organizations — fiscal years beginning on or after April 1, 2012, and (ii) Governments — fiscal years beginning on or after April 1, 2021. Earlier adoption is permitted. Section PS 3450 — Financial instruments This Section establishes standards on how to account for and report all types of financial instruments including derivatives. This Section is effective for: (i) Government organizations — fiscal years beginning on or after April 1, 2012, and (ii) Governments — fiscal years beginning on or after April 1, 2021. Earlier adoption is permitted. Section PS 1201 — Financial statement presentation This Section establishes general reporting principles and standards for the disclosure of information in government financial statements. This Section is effective for: (i) government organizations for fiscal years beginning on or after April 1, 2012, and (ii) governments for fiscal years beginning on or after April 1, 2021. Earlier adoption is permitted. Section PS 3041 - Portfolio Investments This Section establishes standards on how to account for portfolio investments. This Section applies in the period Financial Statement Presentation PS 1201, Foreign Currency Translation PS 2601 and Financial Instruments PS 3450 are adopted. 10 © Deloitte LLP and affiliated entities - 15 - The Corporation of the City of Pickering 1 Appendix 3 — New and revised Public Sector Accounting Standards Title Description Effective date Section PS 3280 — Asset This Section establishes standards for retirement obligations reporting legal obligations associated with the retirement of long lived tangible capital assets currently in productive use, This Section is effective for fiscal years beginning on or after April 1, 2021. Earlier adoption is permitted. Section PS 3400 - Revenue This Section establishes standards that This Section is effective for fiscal years apply to revenues of governments and beginning on or after April 1, 2022. Earlier government organizations other than adoption is permitted. government transfers and tax revenue. This standard addresses recognition, measurement and presentation. 11 © Deloitte LLP and affiliated entities - 16 - Deloitte. October 17, 2019 Private and confidential Tony Prevedel Chief Administrative Officer The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 Stan Karwowski Director, Finance and Treasurer The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 Re: Master Services Agreement for Professional Services Dear Mr. Prevedel and Mr. Karwowski: Attachment #2 to Report #FIN 19-19 Deloitte LLP 400 Applewood Crescent Suite 500 Vaughan ON L4K 0C3 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte.ca Deloitte LLP ("Deloitte") is privileged to be your professional services provider. The purpose of this letter is to serve as a master services agreement or MSA to describe (a) the services that we will provide to you from time to time, including a description of the scope of our services, and (b) the general business terms related to such services. Services and fees Appendix A to this MSA contains a description of the following service: • Appendix A — Financial statement audit ("Audit") Should we during the term of this MSA, provide any of the service referenced in Appendix A, the scope, including assumptions, qualifications and limitations, as set out in Appendix A will apply. As of the date of this MSA, the chart below sets out the entities and the services we will provide to them in respect of their year ends. The chart also sets out an estimate of our professional fees, exclusive of consulting fees (see further below) and applicable taxes. Scope of services chart Entity name Year-end Services Fees The Corporation of the City of Pickering December 31 Audit $64,250 The Corporation of the City of Pickering Trust Funds December 31 Audit Included in City of Pickering fee Pickering Public Library Board December 31 Audit $5,750 Total $70,000 For purposes of this MSA and the appendix, "Financial Statements" shall refer to the statements issued by each entity in the context of the services outlined above. Unless otherwise noted in the appendices, "City" shall refer to the entities to which that service is being provided, as outlined above. Ms. Pina Colavecchia will be responsible for the services that we perform. - 17 - The Corporation of the City of Pickering October 17, 2019 Page 2 Should the nature of our services change in the future from what is set out in the chart above or if there are changes to the entities we serve, we will provide you with a letter confirming the changes. The description of our services as set out in Appendix A in this MSA will continue to apply to any changes set out in a confirmation letter. Also, we may from time to time provide you with updates (including by way of a letter delivered to you in hard copy or electronically via e-mail, by way of a link to our website or otherwise) to the description of the services set out in Appendix A based on changes in applicable professional standards and changes in our practices. Any updates to Appendix A in this MSA provided to you shall form part of this MSA and shall be binding on you. Any changes in fees for subsequent years will be confirmed separately. Also, we would be pleased to provide you with other services, such as consulting and financial advisory services, subject to our professional rules. The scope and fees for such services would be contained in a separate letter and, unless otherwise agreed, the general business terms that are contained in this MSA will apply. Term Our mutual intention is that this MSA applies to all services Deloitte provides to you over time, including for the year ends referred to above and all other work in the future. In accordance with section 2 of the general business terms, this MSA can be terminated on 30 days' written notice. Our responsibilities Our responsibilities will depend on the services we provide. Specific conditions may apply and if this is the case, we will bring them to your attention in the attached appendices. We are committed to client service, Here are aur client service standards: .......... • Making and meeting our commitments to you; . • Working with you to understand your business and what is important to you; • Providing value and,building trust through technical competence and consistent results; • Demonstrating professionalism through effective interaction and communication; and • Providing a no surprises experience. Your responsibilities Our expectations of you can simply be summarized as follows: • Cooperation and honesty from you and those who work for you; • Your clear articulation of your expectations of us and your clarification when needed, so we can be sure that you receive the professional services you need; • If we are providing audit, review or notice to reader services, we want you to know that these are not forensic audits or special services that would more likely identify a fraud or wrongdoing. We are relying on your controls, your honesty and good faith and that of management and the people who work for you; • You will make all management decisions; and • Prompt payment of our invoices. Also, our work product is prepared for you. Our services will not be planned or conducted in contemplation of reliance by third parties. Our agreement is with you and no one else. - 18 - The Corporation of the City of Pickering October 17, 2019 Page 3 General business terms The general business terms attached to this letter apply to the services we provide to you from time to time. We know how busy you are and we promise to keep our correspondence to you as direct and simple as we can. But if at any time you have questions, please do not hesitate to ask. If this MSA, including the appendices and the general business terms, are acceptable and the services described are in accordance with your understanding, please sign the copy of this MSA in the space provided below and return it to us to indicate your agreement. Yours truly, Chartered Professional Accountants Licensed Public Accountants Enclosure - 19 - The Corporation of the City of Pickering October 17, 2019 Page 4 The services and terms set forth in and incorporated into this letter are accepted and agreed to by The Corporation of the City of Pickering; Signature Title Date Signature Title Date -20- General business terms The Corporation of the City of Pickering October 17, 2019 The following general business terms (the "GBTs") apply to all services that are performed under this MSA and any separate confirmation.letters (the"Confirmation Letters") that.further amend or describe services issued under this MSA (the "Services") between Deloitte LLP, a limited liability partnership organized under the laws of Ontario ("Deloitte") and you, the company or other entity that is a party to this MSA (the "Client"). The GBTs, the MSA, (including the appendices to,the MSA), as such MSA and appendices may be updated and amended from time to time, and the Confirmation Letters are together the "Agreement". 1. Timely performance — Deloitte will not be liable for failures or delays in performance that arise from causes beyond Deloitte's control, including the untimely"performance by the Client of its obligations. 2. Termination — This Agreement and any Services may be terminated by either party at any time, with or without cause, by giving prior written notice to the other party 30 days before the effective date of termination, provided that in the event of a termination for cause, the breaching party shall have the right to cure the breach within such. 30 day period. Deloitte may terminate this Agreement with immediate effect upon written notice- to Client if Deloitte determines that its performance of any part of the Agreement would be illegal or in conflict with independence or professional rules. The Client will pay for time and expenses incurred. by Deloitte --up. to the termination date together with reasonable time and expenses incurred -to bring the Services to a close in a prompt and orderly manner. 3. Fees — In the event that' Deloitte has provided any fee estimate, the estimate takes into account the agreed-upon level of preparation and assistance from the Client and Client personnel. Deloitte will advise the Client on a timely basis should this preparation and assistance not be provided or should any other circumstances arise which cause actual time to exceed that estimate. 4. Billing — All invoices shall be due and payable when rendered. Interest shall be calculated at a simple daily rate of 0.0493% (equivalent to 18% per annum). Interest shall be charged and payable at this rate on any part of an invoice which remains unpaid from 30 days after the invoice date to the date on which the outstanding invoice is paid. To the extent that as part of the Services to be performed by Deloitte as described in the Agreement, Deloitte personnel are required to perform the Services in the United States of America ("U.S. Business"), the Client and Deloitte agree to assign performance of the U.S. Business to Deloitte Canada LLP, an affiliate of Deloitte. All Services performed by Deloitte Canada LLP shall be performed under the direction of Deloitte which shall remain responsible to the Client for such Services. Deloitte Canada LLP shall invoice the Client with respect to the U.S. Business and Deloitte will invoice for Services performed in Canada ("Canadian Business"). Payment for U.S. Business and/or Canadian Business can be settled with one payment to Deloitte. 5. Governing law — The Agreement will be governed by the laws of the Province where Deloitte's principal office performing the Services is located and all disputes related to the Agreement and Services shall be subject to the exclusive jurisdiction of the courts of such Province. - 21 - General business terms The Corporation of the City of Pickering October 17, 2019 Page 2 6. Working papers — All working papers, files and other internal materials created or produced by Deloitte related to the Services are the property of Deloitte. In the event that Deloitte is requested by the Client or required by legal or regulatory process to produce its files related to the Services in proceedings to which Deloitte is not a party, the Client will reimburse Deloitte for its professional time and expenses, including legal fees, incurred in dealing with such matters. 7. Third parties — Deloitte's Services are not planned or conducted in contemplation of, or for the purpose of, reliance by any third party (other than the Client and any party to whom Deloitte's report is addressed) or with respect to any specific transaction. Therefore, items of possible interest to a third party will not be addressed and matters may exist that would be assessed differently by a third party, possibly in connection with a specific transaction. The Client shall use the advice, opinions, reports or other work product of Deloitte solely for the purposes specified in --this Agreement and, in particular, shall not, without the prior written consent of Deloitte, use any advice, opinion, report or other work product of Deloitte in connection with business decisions of any`third party or for advertisement purposes. All Services are only intended for the benefit of the Client and any party to whom Deloitte's report is addressed. The mere receipt of any advice, opinions, reports or other work product by any other persons is not intended to create any duty of care, professional relationship or any present or future liability between those persons and Deloitte. As a consequence, if copies of any advice, opinions, reports or other work product (or any information derived therefrom) are provided to others under the above exclusions, it is on the basis that Deloitte owes no duty of care or liability to them, or any other persons who subsequently receive the same. Nothing in this section shall be construed as limiting or restricting disclosure of the tax treatment -or tax structure of the transaction as described in Rule 3501(c)(i) of PCAOB Release 2005-014 or Internal Revenue Code sections 6011 and 6111 and related Internal Revenue Service,guidance, 8. Privacy — Deloitte and the Client agree that in connection with the engagement, Deloitte may collect, use, disclose and otherwise process personal information about identifiable individuals ("Personal Information"). Deloitte's..Services are provided on the basis that the Client has obtained any required consents under applicable privacy legislation for collection, use, disclosure and processing to Deloitte of Personal Information. 9. Confidentiality — To the extent that Deloitte collects or is provided with Personal Information or any proprietary or confidential information of the Client (collectively, "Confidential Information"), Deloitte will not disclose such information to any third party without the Client's consent, except as may be required or permitted by law, regulation, legal authority or professional obligations, or as otherwise permitted by this Agreement. Confidential Information may be disclosed by Deloitte to its affiliates and to member firms of Deloitte Touche Tohmatsu Limited and their respective subsidiaries and affiliates ("Deloitte Entities"), component auditors and third parties that provide services to Deloitte. Confidential Information collected by or provided to Deloitte in connection with the Services may be used, processed, disclosed and stored outside Canada by Deloitte, Deloitte Entities, component auditors or third party service providers to Deloitte. Deloitte is responsible to the Client for causing any such Deloitte Entities, component auditors and third party service providers to comply with the obligations of confidentiality set out in this section of the Agreement. Confidential Information may be subject to disclosure in accordance with laws applicable in the jurisdiction in which the information is used, processed or stored. The Client also agrees that Deloitte and such third party service providers to Deloitte may aggregate Confidential Information and use and disclose that information as part of research and advice, including, benchmarking services, provided that all such information will be rendered anonymous and not subject to association with the Client. -22- General business terms The Corporation of the City of Pickering October 17, 2019 Page 3 Except as instructed otherwise in writing, each party consents to the transmission by fax, email and voicemail, both confidential and other types of documents, correspondence and any other information relating to the execution of this Agreement. It is recognized that the parties will use the Internet and that the internet may be insecure. Each party will be responsible for protecting its own systems and interests and, to the fullest extent permitted by law, will not be responsible to the other on any basis (contract, tort or otherwise) for any loss, damage or omission in any way arising from the use of the Internet by either party or its personnel, including any Deloitte Entity and subcontractor personnel, to access the networks, applications, electronic data or other systems of the other party. 10. Limitation on liability - The Client and Deloitte agree to the following with respect to Deloitte's liability to the Client: a. The Client agrees that Deloitte shall not be liable to the Client for any claims, liabilities, or expenses relating to this Agreement and any Services for-an'aggregate amount in excess of three times the fees paid by the Client to Deloitte in the twelve,months preceding the incident giving rise to the claim. b. In no event shall Deloitte be liable for consequential, special, indirect,' incidental, punitive or exemplary loss, damage, or expense relating to this,Agreement or any Services for any loss of revenue or profit, loss of opportunity, loss„of data, or any other commercial or economic loss or failure to realize expected savings. c. In any action, claim, loss or damage arising out of this; Agreement and any Services, the Client agrees that Deloitte's liability will be several and not joint and several and the Client may only claim payment from Deloitte of.Deloitte's proportionate share of the total liability based on the degree of fault of Deloitte. The provisions of this section shall apply to:.the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. This section shall survive termination or expiry of the Agreement. The provisions -of this section and any other limitations of liability contained in this Agreement shall not a`pply to any liability which by the governing law of the Agreement is unlawful to limit or exclude. In furtherance of the foregoing, from time to time, Deloitte may have individual partners and employees performing the Services within the Province of Quebec who are members of the Ordre des comptables professionnels agrees du Quebec. The limitations outlined in this section as well any limitations of liability contained in this Agreement shall not apply to limit the personal civil liability of members of the Ordre des comptables professionnels agrees du Quebec performing professional Services hereunder (and with respect to such members, such limitations shall be deemed not to be included in this Agreement). For purposes of this section, "Deloitte” shall mean Deloitte LLP and its directors, officers, partners, professional corporations, employees, subsidiaries and affiliates and to the extent providing Services, any Deloitte Entities and all of their partners, principals, members, owners, directors, staff and agents; and in all cases any successor or assignee. The Client agrees that any claims that may arise out of this Agreement or any Services will be brought solely against Deloitte as the contracting party and not against any other Deloitte Entities. 11. Assignment - Except as provided herein, no party may assign, transfer, or delegate any of its rights or obligations relating to the Agreement without the prior written consent of the other party. Deloitte may assign its rights and obligations under this Agreement to any affiliate or successor in interest to all or substantially all the assets or business of the relevant Deloitte practice. 12. Deloitte Entities and subcontractors - Deloitte may use the services of any Deloitte Entities, component auditors, or other subcontractors (including those operating outside Canada) to assist Deloitte. Deloitte remains responsible to the Client for Services performed by Deloitte Entities and subcontractors. -23- General business terms The Corporation of the City of Pickering October 17, 2019 Page 4 13. Software Tools — In connection with the Services, Deloitte may use data analytics technology which may require Deloitte to install and use one or more data extraction tools ("Extractors") on the Client's computing systems. The Client hereby consents to such access and the installation and use of such Extractors, and where applicable, Deloitte hereby grants the Client a limited, revocable, non-exclusive, non -assignable, non-sublicensable right to install and use those Extractors solely in connection with Deloitte's performance of the Services. Deloitte recommends that the Client perform adequate security and other appropriate testing on the Extractors before installation. All Extractors are protected by copyright and other laws of various countries, and Deloitte and its licensors reserve all rights not expressly granted in the Agreement. The Client is not allowed to reverse engineer, disassemble, decompile, or otherwise attempt to derive the Extractors' source code, nor assist, directly or indirectly, in any efforts to do so, nor adapt, modify or create derivative works'based on the Extractors. The license granted above will terminate upon completion or termination of the Services. When the license terminates, the Client must, where applicable, stop using the,, Extractors and delete any and all installed Extractors from the Client's computing systems, unless Deloitte and the Client have entered into a subsequent agreement that allows for the Client'scontinued use. Although Deloitte takes commercially reasonable steps to make the Extractors useful and secure, Deloitte does not have any obligation to ensure they are so, or to maintain, update, upgrade or otherwise modify or support the Extractors. The Extractors are provided "as is" and "as available", without warranty of any kind, and Deloitte expressly disclaims all implied warranties, including that the Extractors will be secure and error -free, or will meet any other criteria of performance or quality. 14. Survival = Any clause that is meant to continue to apply after termination of the Agreement will do so. 15. Entire Agreement — The Agreement forms the entire agreement between the parties in relation to the Services and supersedes all other oral and written representations, understandings or agreements related to the Services. 16. Severability — If a court or regulator with proper jurisdiction determines that a provision of this Agreement is invalid; then that provision will be interpreted in a way that is valid under applicable law or regulation. If any provision is invalid, the rest of the Agreement will remain in effect. 17. Qualifications — Notwithstanding anything herein to the contrary, Deloitte may use the name of the Client, refer to this Agreement and the performance of Services in marketing, publicity materials and other material, as an indication of its experience, and in internal data systems. 18. Tax services and review by tax authorities — The Client shall cooperate with Deloitte in the performance by Deloitte of tax related Services, including, without limitation, providing Deloitte with reasonable facilities and timely access to data, information and personnel of the Client. Client shall be responsible for the performance of its personnel and agents, for the timeliness, accuracy and completeness of all data and information (including all financial information and statements) provided to Deloitte by or on behalf of the Client and for the implementation of any advice, opinions, reports or other work product in any form provided as part of the Services. Deloitte may use and rely on information and data furnished by the Client or others without verification. Deloitte's performance shall be dependent upon the timely performance of the Client's responsibilities hereunder and timely decisions and approvals of the Client in connection with the Services. Deloitte shall be entitled to rely on all decisions and approvals of the Client. To the extent the Client requests tax related Services, Deloitte will use professional judgment in resolving questions affecting the Client relating to the tax Services to be provided by Deloitte. Where there are alternative filing positions or tax transactions, Deloitte will undertake to describe the benefits and risks of each so that the Client can make an informed decision. All returns are subject to -24- General business terms The Corporation of the City of Pickering October 17, 2019 Page 5 examination by taxation authorities and the Client's returns may be audited and challenged by Canadian and other tax authorities. The Client understands that Deloitte's tax advice or opinions are not binding on tax authorities or the courts and should never be considered a representation, warranty, or guarantee that the tax authorities or the courts will concur with Deloitte's advice or opinion. Any tax assistance provided by Deloitte will be based upon the law, regulations, cases, rulings, and other tax authority in effect at the time the specific tax assistance is provided. Deloitte may provide the Client with draft copies of returns or tax advice. Where any drafts are finalized and provided to the Client in final form, such previous drafts should not be relied upon. Nothing in this Agreement shall be construed as limiting or restricting disclosure of the tax treatment or tax structure of any transaction as described in the rules of any taxation authority, including Canada Revenue Agency and the Internal Revenue Service. 19. Electronic messaging — In accordance with Canadian anti -spam legislation, the Client consents to Deloitte contacting the Client and its personnel through electronic' messages relating to Deloitte's Services, products and other matters of interest to the Client'after the completion of this Agreement. The Client may withdraw any such consent by contacting; Deloitte at unsubscribe@ deloitte.ca. 20. Language -- The parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Les. parties ont exige que la presente convention ainsi que tous les documents s'y rattachant sofent rediges dans la langue anglaise. -25- Appendix A Financial statement audit The Corporation of the City of Pickering October 17, 2019 Our audit services and audit scope The financial statements We may be requested by you from time to time to audit the financial statements of the City. These financial statements comprise the consolidated statement of financial position as at the fiscal year end of the City ("Fiscal Year"), the consolidated statements of operations, change in net financial assets and cash flows for the Fiscal Year, and a summary of significant accounting policies and other explanatory information. The financial statements subject to audit are those of the City, prepared by management, with oversight from those charged with governance ("Executive Committee"), The objective of our audit is to express an opinion on whether the Financial Statements are fairly presented, in all material respects, in accordance with Canadian Public Sector Accounting Standards ("PSAS"). We plan and perform the audit to obtain reasonable assurance that the Financial Statements as•a whole are free from material misstatement, whether due to fraud or error. Our audit report On completion of our audit procedures, we expect to issue an audit report in the draft form set out in Appendix A(i). The final form'of our audit report may differ based on our audit findings in which case, we will provide you with an updated draft form before it is issued. If we are unable to issue or decline to issue an audit report, we will discuss the reasons with you and the Executive Committee. Our responsibilities Performance of the audit We will conduct our audit in accordance with Canadian generally accepted auditing standards ("Canadian GAAS"). Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the Financial Statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the Financial Statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, there is an unavoidable risk that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with Canadian GAAS. -26- Appendix A 1 Financial statement audit The Corporation of the City of Pickering October 17, 2019 Page 2 Information on internal controls We do not consider internal controls in order to express any opinion to you on their effectiveness. We consider internal controls relevant to the City's preparation and fair presentation of the Financial Statements in making our risk assessments and in order to design appropriate audit procedures. We will, however, communicate to you in writing concerning any significant deficiencies in internal control relevant to the audit of the Financial Statements that come to our attention during the course of our engagement. Reporting considerations Going concern If, based on the audit evidence obtained, we conclude that a material uncertainty exists related to events or conditions that may cast significant doubt on the City's ability to continue as a going concern, we are required to draw attention in our audit report to the related disclosures'iin the Financial Statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions will be based on the audit evidence obtained up to the date of our audit report. Other information _ Where the City issues other information (for example, a Financial, Statement Discussion and Analysis or a Glossy annual report), we are required to read the other information and, in doing so, consider whether the other information is materially inconsistent with the Financial Statements or our knowledge obtained in the audit or otherwise appears to be materially misstated. We will report on the results of our procedures appropriately based on the revised CAS 720, The Auditor's Responsibilities Relating to Other Information. Communication with the Executive, Committee The Executive Committee is responsible for the oversight of the financial reporting process and our work as auditors. We are required to communicate with the Executive Committee about certain matters that may arise during our audit and that may be; significant to their role. These matters may include, but are not limited, to: • the planned scope and timing of the audit;-` • our views about significant qualitative aspects of the City's accounting practices, including accounting policies, accounting estimates and financial statement disclosures; • any significant matters arising'frrom the audit in connection with the City's related parties; • any events or conditions identified that may cast significant doubt on the City's ability to continue as a going concern, including whether the events or conditions constitute a material uncertainty; • any significant difficulties encountered during the audit; • any significant matters that were discussed or subject to correspondence with management; • written representations we are requesting; • where CAS 720 applies, any uncorrected material inconsistencies between the other information and the Financial Statements or our knowledge obtained in the audit, and any uncorrected material misstatements of the other information we identify from reading the financial and non-financial information included in the City's annual report containing or accompanying the Financial Statements and our audit report; and • any other matters that in our professional judgment are significant to the oversight of the financial reporting process. -27- Appendix A 1 Financial statement audit The Corporation of the City of Pickering October 17, 2019 Page 3 Fraud and illegal acts An audit designed and executed in accordance with Canadian GAAS may not detect fraud or illegal acts. However, it is possible that actual and potential fraud or illegal acts may be discovered during the course of our audit. We will communicate actual or potential fraud or illegal acts identified during the audit to, in our sole judgement, the appropriate level of management and/or the Executive Committee depending on the type and significance of the issue. Your responsibilities Financial statements and internal control The audit of the Financial Statements does not relieve management or the Executive Committee of their responsibilities. You are responsible for the preparation and fair presentation of the Financial Statements in accordance with PSAS. You are also responsible for establishing internal control necessary for the preparation of Financial Statements that are free from material misstatement, whether due to fraud or error. You must determine what internal control is required, including how it is designed, implemented and maintained. You will advise us of any deficiencies identified and any changes in internal control over financial reporting. Access to information and personnel You are responsible for providing us with access to all information that is relevant to your preparation of the Financial Statements and any additional information that we may request for the purpose of the audit. You will also provide unrestricted access to persons in the City or others from whom we determine we need to obtain evidence for our audit. Prevention of fraud and error You are responsible for designing andimplementing programs and controls to prevent and detect fraud, illegal acts and error. You will inform us about all known or suspected fraud, illegal acts or errors affecting the City. You will further inform us of any allegations of fraud, illegal acts or potential errors received in communications (written or oral) from employees, former employees or any other parties external to the City. Compliance with laws and regulations You are responsible for identifying and ensuring that the City complies with the laws and regulations applicable to its activities. You will inform us of any known or possible violations of these laws or regulations. Related parties You will identify the City's related parties and whether the City entered into any transactions with these related parties in the time period under audit. Subsequent events You will advise us of whether any events have occurred between the date of the balance sheet and the date our audit report is released, that may affect the Financial Statements. Correction of material errors You are responsible for adjusting the Financial Statements to correct material misstatements identified during the course of our audit engagement. -28- Appendix A Financial statement audit The Corporation of the City of Pickering October 17, 2019 Page 4 Representation letter As part of our engagement procedures, you will provide written confirmation of representations made to us in connection with the audit. Disclosure of report We are engaged solely by the City to perform an audit engagement the purpose of which is to provide an opinion as to whether the Financial Statements are free from material misstatement. You will not, without obtaining our prior written consent: • publish or reproduce our report in any document that contains the Financial Statements; • make reference to our firm in a document which contains other information in addition to the Financial Statements; or • place our report on an electronic site. In order for us to consider granting such written consent,, you must: provide adequate notice of your request as well as provide any draft document which is proposed to contain/refer to our report. If written consent is provided by us, you are solely responsible for the accurate and complete reproduction of our report and the financial statements on which we reported. Other information You acknowledge your responsibility for the other information, as applicable, and to provide us with the other information prior to the date of our audit` report` where possible. To the extent the other information is expected to be available after the date of our audit report, you agree to provide us with such other information when available, and prior to being -issued by the City, so that we are able to fulfill our responsibilities under CAS 720. Independence For purposes of the following three paragraphs, "Deloitte" shall mean Deloitte LLP and Deloitte Touche Tohmatsu Limited, includingrelated member firms and affiliates. Independence matters as a result of restrictions on providing certain services In connection with our engagement, Deloitte, management, and the Executive Committee will assume certain roles and responsibilities in an effort to assist Deloitte in maintaining independence and ensuring compliance with applicable independence rules. It is your responsibility to have policies and procedures in place to confirm that the City (together with its subsidiaries and other related entities) does not engage us or accept services from us that may impair our independence under applicable professional rules. All potential services are to be discussed with Ms. Pina Colavecchia. In connection with the foregoing, the City agrees to furnish to Deloitte and keep Deloitte updated with respect to a corporate tree that identifies the legal names of the City's affiliates (e.g., parents, subsidiaries, investors or investees, variable interest entities or special purpose entities (as applicable)), together with the ownership relationship among such entities. Deloitte intends to capture this information in systems that may be accessed and used by its affiliates in order to assist Deloitte in meeting its independence obligations. Deloitte will not be requesting nor accepting any personal information for this purpose. Deloitte agrees to discuss any concerns raised regarding privacy or confidentiality with the City. -29- Appendix A 1 Financial statement audit The Corporation of the City of Pickering October 17, 2019 Page 5 Independence matters relating to hiring In order to assist us in maintaining independence, you will also notify us of any substantive employment conversations that have occurred with current or former Deloitte personnel. Executive Committee's responsibilities The Executive Committee is responsible for the oversight of the financial reporting process, including management's preparation of the Financial Statements and monitoring of the City's internal controls related to financial reporting and oversight of our work. -30- Appendix A(i) Expected form of report The Corporation of the City of Pickering October 17, 2019 We will provide you with our report on the Financial Statements, which is expected to be in the following form. However, the final form will reflect the results of our audit. If there'are any changes to the expected form of report in future years, we will provide you with an updated draft form before it is issued. Independent Auditor's Report To the Members of Council of The Corporation of the City of Pickering Opinion We have audited the consolidated financial statements,of,The Corporation of the City of Pickering (the "City"), which comprise the consolidated statement of financial position as at December 31, 20XX, and the consolidated statements of operations,, change in net financial assets and cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies (collectively referred to as the "financial statements"). In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the City as at; December 31, 20XX and the results of its operations, changes in net financial assets, and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards ("Canadian GAAS"). Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the City in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. - 31 - Appendix A(i) I Expected form of report The Corporation of the City of Pickering October 17, 2019 Page 2 In preparing the financial statements, management is responsible for assessing the City's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the City or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the City's financial reporting process. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance,- but is not a guarantee that an audit conducted in accordance with Canadian GAAS will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide, a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the -circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. • Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. • Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the City's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor's report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may cause the City to cease to continue as a going concern. • Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. • Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the City to express an opinion on the financial statements. We are responsible for the direction, supervision and performance of the group audit. We remain solely responsible for our audit opinion. 32 - Appendix AO) 1 Expected form of report The Corporation of the City of Pickering October 17, 2019 Page 3 We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. (To be signed Deloitte LLP) Chartered Professional Accountants Licensed Public Accountants Date of the auditor's report -33- Cfy �t DICKERING Report to Executive Committee Report Number: BYL 01-19 Date: November 4, 2019 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 11th Annual Toys for Tickets and Food for Fines 2019 - File: L-2220-001-19 Recommendation: 1. That parking tickets issued between December 1 through 20, 2019 be eligible for the Toys for Tickets/Food for Fines program; 2. That the Toys for Tickets/Food for Fines program be implemented from December 1 through December 20, 2019; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Toys for Tickets/Food for Fines program accepts toys or groceries in lieu of payment for parking tickets. Toy or food donations must be dropped off to City Hall, and a receipt must be presented to confirm that the value of the donation equals or exceeds the fine. Tickets for parking in an Accessible Parking Space are not eligible for the program. This program promotes community engagement and supports families in need. Financial Implications: The lost revenue associated with the Toys for Tickets/Food for Fines program in 2018 was $850.00. It is estimated the amount will range from $850.00 - $1,200.00 for 2019. Discussion: The first Toys for Tickets/Food for Fines program was offered by the City of Pickering in 2009. Since that time, it has been a tremendous success, supporting families in need and promoting the spirit of the holiday season. The program has received extensive media coverage at both the national and local level, as well as through social media. Participation from the community is always generous and enthusiastic. Last year's Toys For Tickets/Food for Fines program brought in approximately $1,050.00 in donations, as compared to the $850.00 in lost fine revenue. This year's program will continue to benefit families in need by sharing donations with the Durham Regional Police Service Food and Toy Drive, and the Pickering Fire Services Food and Toy Drive. -34- BYL 01-19 November 4, 2019 Subject: 11th Annual Toys for Tickets and Food for Fines 2019 Page 2 Prepared By: Original Signed By: Kimberly Thompson Approved/Endorsed By: Original Signed By: Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor KT:kt Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised -35- Cf� ei? DICKERING Report to Executive Committee Report Number: CS 13-19 Date: November 4, 2019 From: Marisa Carpino Director, Community Services Subject: Lease Agreements - Sports Associations - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron set out in Attachment No. 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Panthers Junior A Hockey Club set out in Attachment No. 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with The Durham Dolphins Football Club set out in Attachment No. 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with various community associations regarding exclusive and/or regular use of City owned facilities, with each such agreement to be brought back to Council for consideration and approval. Consistent with this Resolution, staff have prepared draft Lease Agreements for individual sports association groups who exclusively occupy designated spaces in City of Pickering facilities to support their activities and the delivery of community sports programs. The Community Services Department recommends that the Lease Agreements set out in Attachment No. 1, 2 and 3 of this report, be initiated for a five year term beginning December 1, 2019 and ending November 30, 2024. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal, maintenance and cleaning) of Chestnut Hill Developments Recreation Complex Arena and West Shore Community Centre which are reflected annually in the -36- CS 13-19 November 4, 2019 Subject: Lease Agreements Page 2 Current Budget (cost centres 2735 and 2719 respectively) of the Community Services Department. That said, the City's direct cost to support the designated spaces set out in each of the attached Lease Agreements are nominal. The respective not for profit sports associations are responsible to fund the day-to-day costs associated with the use of these designated spaces which includes office furniture, supplies, storage/racking systems and insurance. Since the Pickering Panthers are commercially owned and operated, they are responsible to pay $1,000 (plus HST) in annual rental fees to the City for the exclusive use of facility space for their office, laundry and dressing rooms. Discussion: For the past several years, the City of Pickering has made designated facility spaces available to sports associations who deliver community sports programs at Chestnut Hill Developments Recreation Complex Arena and West Shore Community Centre, under a verbal agreement with the City. More specifically, the Pickering Panthers have exclusive use of an office, laundry room and dressing rooms at Chestnut Hill Developments Recreation Complex Arena for their use. The Air Cadets and Durham Dolphins each have exclusive use of storage rooms at West Shore Community Centre for their use. These spaces are integral to the operation of these sports associations as it provides much needed office and/or storage space required to run their activities. During this time, the respective sports associations have used these premises in a compliant manner that has satisfied the City. Consistent with Council Resolution #224/14, City staff have prepared written Lease Agreements to document these longstanding verbal agreements. As per the terms and conditions of the written agreements, the respective sports associations shall use the premises for storage and/or office space which is directly related to their program activities. Moreover, the premises cannot be materially altered without the written consent of the City. The sports associations will also maintain insurance in the amount of two million dollars. The City is responsible for all day-to-day operating expenses of Chestnut Hill Developments Recreation Complex Arena and West Shore Community Centre, including utilities, garbage removal and regular maintenance. The City's direct cost to support the designated spaces set out in the attached Lease Agreements are nominal. These sports organizations are supported by dedicated staff and volunteers who contribute countless hours and whose programs reach thousands of sports enthusiasts every year for the benefit of this community. The City's efforts to provide dedicated storage and/or office space is just one way to support their activities, those of which are not provided directly by the City of Pickering. The Community Services Department recommends that the Lease Agreements included as Attachment No. 1, 2 and 3 be initiated for a five year term beginning December 1, 2019 and ending November 30, 2024. -37- CS 13-19 November 4, 2019 Subject: Lease Agreements Page 3 Attachments: 1. Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron 2. Lease Agreement with Pickering Panthers Junior A Hockey Club 3. Lease Agreement with The Durham Dolphins Football Club Prepared By: Original Signed By: Brian Duffield Division Head, Operations MC:bd Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer -38- Attachment No. 1 to Report CS 13-19 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of December 1. 2019 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - 856 PICKERING KINSMEN ROYAL CANADIAN AIR CADET SQUADRON (the "Squadron") Article I Interpretation Definitions 1. In this Lease, the term: (a) "Lease" means this lease as it may be amended from time to time; (b) "Premises" means that portion of the West Shore Community Centre considered to be the 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron's storage rooms as shown on Schedule "A" attached hereto, located at 1015 Bayly Street, in the City of Pickering, Regional Municipality of Durham; and, (c) "Rent" means the rent payable pursuant to Section 20. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. -39- 2 Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Squadron of its obligations under this Lease, the City leases the Premises to the Squadron for its use during the Term. Squadron's Use of Premises 8. The Premises shall be used only for storage purposes of the Squadron, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Squadron shall not use the Premises for any business or profit - generating purposes. Nuisance 9. The Squadron shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City, the public using West Shore Community Centre or any tenants of West Shore Community Centre. City Use of Premises 10. Notwithstanding anything else contained herein, the City shall have first right of refusal to use the Premises. The Squadron shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the Squadron shall be entitled to use the Premises throughout the Term, provided the Squadron's activities are not deemed a nuisance by the City or other users of the West Shore Community Centre Assignment and Subletting 12. The Squadron shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Squadron may not grant licences to use the Premises. 14. The Squadron shall submit their annual financial statement to the City by October 31st of each year throughout the Term. 15. The Squadron shall submit a list of its Board of Directors to the City by October 31st of each year throughout the Term. Article III Term Term 16. The term of this Lease shall be five (5) years commencing on December 1, 2019 (the "Commencement Date") and expiring on November 30, 2024, unless earlier terminated pursuant to this Lease (the "Term"). -40- 3 17. Notwithstanding anything else contained herein, the City may terminate this Lease at any time for any reason provided it has given the Squadron six (6) months prior notice. The City shall not be liable for costs or damages of any kind caused to the Sports Association by such termination. 18. Upon the expiration or earlier termination of this Lease, the Squadron shall surrender to the City possession of the Premises, and all the rights of the Squadron under this Lease shall terminate (but the Squadron shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Squadron). Overholding 19. If the Squadron remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Squadron shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV Rent Rent 20. The Squadron shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Squadron shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation. 23. The City shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 24. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Squadron shall not be responsible for utilities. 25. The City shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises. 26. (1) Subject to Subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot, lights and exterior grass cutting and landscaping. (2) The Squadron shall be responsible for any damages or costs incurred due to the misuse or negligence of the Squadron, its employees, volunteers, invitees, servants, agents, or others under its control and the Squadron shall pay to the City on demand the expense of any repairs including the - 41 - 4 City's reasonable administration charge necessitated by such negligence or misuse. 27. The Squadron shall immediately notify the City of any unsafe conditions on the Premises. Security 28. The Squadron will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 29. The Squadron shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Such alterations and improvements shall be at the Squadrons' sole cost and expense. Article VI Insurance and Indemnity Squadron's Insurance 30. The Squadron, at its sole cost and expense, shall take out and maintain throughout the Term, (a) insurance upon property owned by which it is located on the Premises; and, (b) commercial general liability insurance pertaining to the Squadron's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 31. Prior to the Commencement Date, the Squadron shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 32. The provision of the insurance policy required by this Section shall not relieve the Squadron from liability for claims not covered by the policy or which exceed its limits, if any, for which the Squadron may be held responsible. Insurance Risks 33. The Squadron shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Squadron on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Squadron shall pay such increase to the City. -42- 5 Indemnification 34. The Squadron shall indemnify and save harmless the City from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease by the Squadron or from any act or omission of the Squadron or those for whom the Squadron is at law responsible in or around the Premises arising from the Squadron's use and occupation of the Premises. The City shall not be liable for any loss or damage to any property belonging to the Squadron or to any other person or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the negligence of the City, or those for whom the City is at law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Squadron has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Squadron is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Squadron (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Squadron shall be responsible for all such costs. Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Squadron at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Squadron save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. Provided the Squadron is not in default, the City shall permit the Squadron to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City, subject to the conditions and times set out herein. Right of Entry 39. The Squadron agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Squadron's use of the Premises during any such entry. -43- 6 Signs 40. The Squadron may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Squadron, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Squadron or the making of any improvements to the Premises by the Squadron. No Registration Notice 42. The Squadron shall not register this Lease or any notice thereof against the title to the Premises. Notice 43. Any notice required to be given by the City to the Squadron under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Squadron has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 44. Any notice required to be given by the Squadron to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Squadron in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 45. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Schedules 46. Schedule "A" attached hereto forms part of this Lease. IN WITNESS WHEREOF the parties have executed this Lease. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk -44- 7 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron Name: Title: Name: Title: I/We have authority to bind the Corporation -45- WEST SHORE COMMUNITY CENTRE BASEMENT PLAN SCHEDULE "A" CADETS STORAGE AREA NORTH (8 NOT TO SCALE -46- Attachment No. 2 to Report CS 13-19 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of December 1, 2019 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING PANTHERS JUNIOR A HOCKEY CLUB (the "Sports Association") Article I Interpretation Definitions 1. In this Lease, the term: (a) "Lease" means this lease as it may be amended from time to time; (b) "Premises" means the portions of the Chestnut Hill Developments Recreation Complex, considered to be the Pickering Panthers Jr. A Hockey Club office, laundry room, and dressing room as shown on Schedule "A" attached hereto, located at 1867 Valley farm Road, in the City of Pickering, Regional Municipality of Durham; and, (c) "Rent" means the rent payable pursuant to Section 20. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. -47- 2 Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for laundry, sports equipment storage, change room, and administrative functions of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any other business or profit -generating purpose other than hockey operations. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City, the public using the Chestnut Hill Developments Recreation Complex, or any tenants of the Chestnut Hill Developments Recreation Complex. Assignment and Subletting 10. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 11. The Sports Association may not grant licences to use the Premises. 12. The Sports Association shall submit their annual financial statement to the City by February 1st of each year throughout the Term. 13. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year throughout the Term. City Use of Premises 14. Notwithstanding anything else contained herein, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 15. Provided it is not required by the City for any other use, the Sports Association shall be entitled to use the Premises during regular facility operating times of the Chestnut Hill Developments Recreation Complex. - 48 - 3 Article III Term Term 16. The term of this Lease shall be five (5) years commencing on December 1, 2019 (the "Commencement Date") and expiring on November 30, 2024, unless earlier terminated pursuant to this Lease (the "Term"). 17. Notwithstanding anything else contained herein, the City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. The City shall not be liable for costs or damages of any kind caused to the Sports Association by such termination. 18. Upon the expiration or earlier termination of this Lease, the Sports Association shall surrender to the City possession of the Premises, and all the rights of the Sports Association under this Lease shall terminate (but the Sports Association shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Sports Association). Overholding 19. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV Rent Rent 20. The Sports Association shall pay to the City rent annually throughout the Term in the amount of One Thousand Dollars ($1,000.00), plus HST, within thirty (30) days of the end of each year of the Term. Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Sports Association shall maintain and operate the Premises so that the Premises shall always be of good appearance and suitable for proper operation, at the Sports Association's sole cost and expense. 23. The City shall provide general maintenance services to the Premises at its expense. 24. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 25. (1) Subject to Subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. -49- 4 (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 26. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 28. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Such alterations and improvements shall be made at the Sports Associations' sole cost and expense. Article VI Insurance and Indemnity Sports Association's Insurance 29. The Sports Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, a. insurance upon property owned by which it is located on the Premises; and, b. commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this Section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. -50- 5 Insurance Risks 32. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 33. The Sports Association shall indemnify and save harmless the City from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease by the Sports Association or from any act or omission of the Sports Association or those for whom the Sports Association is at law responsible in or around the Premises arising from the Sports Association's use and occupation of the Premises. The City shall not be liable for any loss or damage to any property belonging to the Sports Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the negligence of the City, or those for whom the City is at law responsible. Article VII Remedies on Default City's Right to Re -Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. - 51 - 6 Article VIII Miscellaneous Quiet Enjoyment 37. Provided the Sports Association is not in default, the City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City, subject to the terms and conditions set out herein. Right of Entry 38. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 39. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term, or such earlier termination of the Lease as provided herein. No Registration Notice 40. The Sports Association shall not register this Lease or any notice thereof against the title to the Premises. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. - 52 - 7 Schedule 45. Schedule "A" attached hereto forms part of this Lease. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Susan Cassel, City Clerk PICKERING PANTHERS JUNIOR A HOCKEY CLUB Name: Title: Name: Title: I/We have authority to bind the Corporation. -53- LEASE SPACE LAUNDRY ROOM (66 SF) PANTHERS OFFICE (170 SF54 NORTH DRESSING ROOM (660 SF) 0 50 FEET SCHEDULE 'A' CHESTNUT HILL DEVELOPMENTS RECREATION COMPLEX 1867 VALLEY FARM ROAD, GROUND FLOOR PLAN Attachment No. 3 to Report CS 13-19 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of December 1, 2019 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - THE DURHAM DOLPHINS FOOTBALL CLUB (the "Sports Association") Article I Interpretation Definitions 1. In this Lease, the term: (a) "Lease" means this lease as it may be amended from time to time; (b) "Premises" means the portions of the West Shore Community Centre considered to be the Sports Association's storage rooms as shown on Schedule "A" attached hereto, located at 1015 Bayly Street, in the City of Pickering, Regional Municipality of Durham; and, (c) "Rent" means the rent payable pursuant to Section 20. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. - 55 - 2 Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City, the public using the West Shore Community Centre, or any tenants of the West Shore Community Centre. Assignment and Subletting 10. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City, which consent may not be unreasonably withheld. Licences 11. The Sports Association may not grant licences to any third party for use of the Premises. 12. The Sports Association shall submit their annual financial statement to the City by February 1st of each year throughout the Term. 13. The Sports Association shall submit an annual list of its Board of Directors to the City by February 1st of each year throughout the Term. City Use of Premises 14. Notwithstanding anything else contained herein, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 15. Provided it is not required by the City for any other use, the Sports Association shall be entitled to use the Premises throughout the Term, provided the Sports Association's activities are not deemed a nuisance by the City or other users of the West Shore Community Centre. Article III Term Term 16. The term of this Lease shall be five (5) years commencing on December 1, 2019 (the "Commencement Date") and expiring on November 30, 2024, unless earlier terminated pursuant to this Lease (the "Term"). -56- 3 17. Notwithstanding anything else contained herein, the City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. The City shall not be liable for costs or damages of any kind caused to the Sports Association by such termination. 18. Upon the expiration or earlier termination of this Lease, the Sports Association shall surrender to the City possession of the Premises, and all the rights of the Sports Association under this Lease shall terminate (but the Sports Association shall, notwithstanding such termination, be liable to the City for any loss or damage suffered by the City by reason of any default of the Sports Association). Overholding 19. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV Rent Rent 20. The Sports Association shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Sports Association shall keep and maintain throughout the Term and deliver up at the end of the Term (or such earlier termination of this Lease as provided herein), the Premises in a state of good maintenance, cleanliness and repair at the Sports Association's sole cost and expense. The Sports Association shall permit representatives of the City to enter the Premises at any time for the purpose of inspection and to determine compliance with this provision. 23. The City shall provide general maintenance services to the Premises at its expense throughout the Term. 24. The City shall be responsible for all day-to-day operating expenses, including supplying heat, hydro, water, air conditioning, and garbage removal to the Premises at its expense throughout the Term. 25. (1) Subject to Subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the - 57 - 4 expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 26. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The City shall be responsible for security of the Premises throughout the Term. The Sports Association is not permitted to use the Premises without City personnel on site to perform this function. The City shall provide the Sports Association with keys to the Premises. The Sports Association shall not, without the prior written consent of the City, change the lock(s) on the Premises or place additional locks upon the door(s) of the Premises and shall not permit any duplicate keys to be made. The Sports Association acknowledges that the City will keep in its possession keys that provide access to the Premises by the City in the event it becomes necessary to enter the Premises during a time when the Sports Association is not using the Premises. Alterations/Improvements to Premises 28. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Such alterations and improvements shall be at the Sports Associations' sole cost and expense. Article VI Insurance and Indemnity Sports Association's Insurance 29. The Sports Association, at its sole cost and expense, shall take out and keep in full force and effect throughout the Term, (a) insurance upon property owned by which it is located on the Premises; and, (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Sports Association shall file with the City a certificate of insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this Section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. -58- 5 Insurance Risks 32. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 33. The Sports Association shall indemnify and save harmless the City from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease by the Sports Association or from any act or omission of the Sports Association or those for whom the Sports Association is at law responsible in or around the Premises arising from the Sports Association's use and occupation of the Premises. The City shall not be liable for any loss or damage to any property belonging to the Sports Association or to any other persons or for any injury to any person while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the negligence of the City, or those for whom the City is at law responsible. Article VII Remedies on Default City's Right to Re -Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. -59- 6 Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 38. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 39. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises by the Sports Association at the end of the Term or such earlier termination of this Lease as provided herein. Compliance with Laws 40. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. No Registration Notice 41. The Sports Association shall not register this Lease or any notice thereof against the title to the Premises. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. -60- 7 Schedule 45. Schedule "A" attached hereto forms part of this Lease. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Susan Cassel, City Clerk THE DURHAM DOLPHINS FOOTBALL CLUB Name: Title: Name: Title: I/We have authority to bind the Corporation. - 61 - WEST SHORE COMMUNITY CENTRE BASEMENT PLAN SCHEDULE "A" DOLPHINS STORAGE AREA NORTH (8 NOT TO SCALE -62- CGS �f DICKERING Report to Executive Committee Report Number: CS 36-19 Date: November 4, 2019 From: Marisa Carpino Director, Community Services Subject: Public Art Policy - Council Endorsement - File: A-1440 Recommendation: 1. That Council approve the Public Art Policy as set out in Attachment 1, subject to minor revisions deemed acceptable to the Director, Community Services; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Art in public spaces is a valuable asset that enhances a community's social/cultural, built, heritage and natural environments. It also enhances quality of life for its citizens and visitors; and, strengthens community pride, tourism and economic growth. Through public art we beautify our environment; engage the community in creative place -making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. To that end, City staff have developed the City's first ever Public Art Policy, as per Attachment 1 of this report, in order to (a) establish standardized and transparent guidelines for public art including selection, acquisition, maintenance and de -accession; and, (b) a sustainable funding model for the procurement and management of public art. The Public Art Policy will serve to beautify the public realm and create a sense of place; support local artists and the arts community; and stimulate economic development and vitality. The Public Art Policy and supporting program will be implemented and administered by City of Pickering Community Services staff in collaboration with other City Departments, with the support of the Cultural Advisory Committee and a Public Art Committee as may be applicable. The purpose of this report is to seek Council's endorsement of the City's Public Art Policy. Financial Implications: As per Section 22 of the attached Public Art Policy, funding to support the Policy will be provided through the establishment of a Public Art Reserve Fund. The Public Art Reserve Fund will be used to cover the costs associated with the management of the Public Art Program which includes administration, promotion, purchase, maintenance, conservation, restoration, archiving, insurance, and deaccession of the Public Art Collection. -63- CS 36-19 November 4, 2019 Subject: Public Art Policy Page 2 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. Funding for the Public Art Policy is to come from surplus casino revenues after taking into consideration the financial obligations of the Civic Centre project and operational capital reserves and reserve funds (vehicles, major equipment, facilities, roads and bridges and stormwater). Discussion: The City of Pickering is a vibrant and diverse community with a passion for multiculturalism, arts, heritage and the environment. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. Consequently, the City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Similarly, the City Centre Urban Design Guidelines also encourages permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. And, the Seaton Sustainable Placemaking Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. Unfortunately, the City of Pickering did not have a Public Art Policy that would set out staff's role and responsibility to facilitate public art within the community. This resulted in a lack of focus and process for the consistent implementation of public art into the public realm — until now. In 2013, the City undertook a Cultural Strategic Planning Process with the support of a corporate staff team. The City of Pickering Cultural Strategic Plan (2014), which received Council endorsement as per Resolution #247/14, sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan's six strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, by completing the following action items over the medium term (three to five years): • developing and implementing a public art policy, program, and funding formula; • establishing a Public Art Reserve Fund; and, • use art to enhance public spaces, particularly within the City Centre. To that end, Community Services and City Development staff have worked together over the past several months to gather relevant information and data, review municipal best practices, consult stakeholders including the Cultural Advisory Committee and develop a Public Art Policy that is supported by a sustainable funding model. Since implementation will require a corporate approach, the attached Public Art Policy has also been reviewed and endorsed by the City's Senior Management Team. -64- CS 36-19 November 4, 2019 Subject: Public Art Policy Page 3 The attached Public Art Policy establishes the framework for a sustainable program that will deliver public art throughout the City that will create attractiveness, promote community identity, reflect diversity and community landscape, celebrate heritage, create a sense of place and attract interest, and be selected through an objective and professional public art selection process that has a commitment to artistic merit, and to reflect the personality of our unique community. The purpose of this report is to seek Council's endorsement of the City's Public Art Policy. Attachments: 1. Draft Public Art Policy Prepared By: Original Signed By: Tanya Ryce Supervisor, Cultural Services MC:tr Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer -65- PICKERING Attachment to Report No. CS 36-19 Policy Procedure Title: Public Art Policy Policy Number X Reference Date Originated (m/d/y) May 23, 2019 Date Revised (m/d/y) Pages 21 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: • create attractiveness • promote community identity • reflect diversity and community landscape • celebrate heritage • create a sense of place and attract interest • provide amusement, reflection and intrigue to a community, and • be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City's support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Purpose and Objectives 05 Administration 06 City Representation -66- 07 Selection Process 08 Acquisition 09 Selection Considerations 10 Site Selection 11 Collections Management 12 Maintenance & Conservation 13 Insurance 14 Storage 15 Agreements & Installation 16 Deaccession & Disposal 17 Copyright and Intellectual Property 18 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 22 Funding 01 Definitions 01.01 Accession — the act of recording and processing artwork to the City's Public Art Collection. 01.02 Acquisition — obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving — the act of Tong -term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist — the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.67 - Page 2 of 21 01.05 Borrowed — refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists — a request for proposal that outlines the scope of the Public Art that the City wishes to acquire. The Call to Artists will outline aspects such as project theme, timeline, compensation, and location. 01.07 Commissioning — the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art — artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community -Based Public Art — created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation — the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright — the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place -making — a practice where people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 De -accession — the act to permanently remove, relocate to another jurisdiction, or disposal of artwork from the City's Public Art Collection. 01.14 Intellectual Property — the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.15 Moral Rights — the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non -transferable and endure even after copyright has been assigned. 01.16 Municipally -owned public space — includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.17 Permanent Public Art — an original artwork which is situated at a particular site for longer than one year. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.68 Page 3 of 21 01.18 Public Art — art developed and designed by a professional artist that is displayed on municipally -owned public space. Public art may include, but is not limited to: • sculptures; • murals; • memorials or monuments; • fountains or water features that contribute aesthetically to their surroundings (not splash pads); • hard and soft landscaping components; which are not a mere extension of the landscape/architecture; • architectural components, specialized lighting; and • community art projects related to neighbourhood beautification 01.19 Public Art Committee — is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury — is a group of residents, professionals and staff selected who evaluate artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down selections for acquisition. 01.21 Professional Artist — a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. 01.22 Public Space — space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration — the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage — any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Transitory Public Art — an original artwork that are temporary which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan's strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.69 Page 4 of 21 • developing and implementing a Public Art Policy, program, and funding formula; • using art to enhance public spaces, particularly within the City Centre; • assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, • establishing a Public Art Reserve Fund. 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: • promotes art in publicly -accessible and visible locations such as parks, prominent street corners, plazas and on buildings; • encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, • considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place -Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art we beautify our environment; engage the community in creative place -making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. The commission and acquisition of Public Art is exempt from the City's Purchasing Policy and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Purpose and Objectives 04.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and de -accession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.70 Page 5 of 21 • long-term planning; • establishing a funding framework; • creating an administrative structure; • identifying opportunities for public art; • initiating completions and a selection process; • implementing and/or assisting with public art projects; and, • ongoing maintenance, management, deaccession and disposal of the public art collection. 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public that it does not own, to be placed on municipally -owned public space through an agreement between the City and the owner of public art. The City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence, or; • is in direct competition with City of Pickering services, programs or initiatives. 05 Administration 05.01 The Public Art Policy and Program will be administered by City of Pickering Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and City of Pickering Council. 05.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 06 City Representation 06.01 Council City of Pickering Council is responsible to: • approve and uphold the Public Art Policy and any amendments; • approve annual Public Art funding and expenditures in the Capital and Current Budget; and, • act as an advocate for art in Public Spaces, and Private Developments in the City. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.71 - Page 6 of 21 06.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: • approve and uphold the Public Art policy, along with any amendments; • approve any changes to the Public Art policy, as needed; • act as an advocate for Public Art in Public Spaces, and private developments; and, • support Public Art budget through the budget process. 06.03 Director, Community Services Director Community Services to: • uphold the Public Art Policy, along with any amendments; • recommend any changes to the Public Art Policy, as needed; and, • recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to: • oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; • manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and de -accessions; • develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, • identify, approve appointments and establish the Public Art Committee; • work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan); • facilitate regular Public Art Committee meetings, circulating information, providing guidance and arranging for the recording of minutes; • facilitate Public Art Jury meetings, circulating information, providing guidance and arranging for the recording of minutes, as may be required; • develop "call to artists" and coordinate the selection process; • establish artist selection processes, manage artist contracts, and compensation; • liaise with selected artists to oversee installation and develop agreements; • develop promotional and marketing initiatives to community Public Art activities; • establish, maintain and promote the Public Art public inventory; • identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO; • advise Council, staff and residents on the Public Art Policy and related initiatives; Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.72 Page 7 of 21 • develop the Public Art budget through the City's annual budget process; and, investigate Federal, Provincial, or other sources of finding to promote and support the development of Public Art in the City. 06.05 City Development Department City Development staff to: • work with Community Services Department staff to identify appropriate locations for public art; • ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and, • encourage and secure public art through the review and approval of development applications. 06.06 Engineering Services Department Engineering Services staff to: • work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; • incorporate public art into parks, landscaping, and streetscapes; and, • ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter -department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: • Community Services; • City Development; and, • Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: • City of Pickering Library staff; • City of Pickering Heritage Planner; and, • Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 07 Selection Process 07.01 Public Art Committee The Public Art Committee will be a standing sub -committee of the City's Cultural Advisory Committee. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee Itself. Four members will not be members of the Cultural Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.73 Page 8 of 21 Advisory Committee, but will have professional experience related to at least one of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee will be residents of Pickering and will demonstrate a significant knowledge of arts and culture. The Public Art Committee will: i. Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii. Review proposed project scope and terms of reference for each new Public Art project. iii. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. iv. Ensure application of established procedures and guidelines for each selection process. v. Advise and promote communication and outreach of this Policy to the community. vi. Advise on the development and implementation of selection, acquisition, maintenance, and de -accession of artistic works to which this Policy applies. vii. Advise and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii. Review the results of the public art jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, the City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; • is in direct competition with City of Pickering services, programs or initiatives. All decisions by the Public Art Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.74 Page 9 of 21 Committee. The Public Art Jury will be organized on a case by case, and project by project basis. The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the 3 top-ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the 3 top- ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach a unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of: • Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a public art project. • Three resident members from the Public Art Committee. • Two professional artists that are not residents of the City of Pickering. • One professional architect that is not a resident of the City of Pickering. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 07.03 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the specific aims in the project brief. The Public Art Jury (as per section 07.02) will also consider the artist's: • artistic excellence of previous work; • ability to achieve the highest quality of contemporary artistic excellence and innovation; • professional qualifications and relevant working experience as related to the public art project brief; • ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • potential to comprehend, access and interpret relevant technical requirements; and, • interest in and understanding of the public art opportunity and the context. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: Policy Title: Public Art Policy Policy Number: "Click to type Policy Number." Page 10 of 21 • professional artists whose work is relevant to the community; • Pickering artists, or artists whose work is Pickering based; • artists that are members of a Pickering -based arts organization; and, • City staff or their immediate family members The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence The City of Pickering will provide opportunities for an Artist in Residence program, provided that: • funding exists through a grant or approved budget; • the residency is of mutual benefit to the City and the Artist(s); • a portion of the works created will remain in the City Collection; and, • artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 08 Acquisition The City may acquire works of art through purchase, commissioning, donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.01 Purchase or Commission of Art The process for purchasing and commissioning art will be fair and transparent and will be in accordance with the City's Purchasing Policy. Depending on the nature of the artwork, it may be secured through: • The issuance of an Open Call. This type of competition is the preferred method which sees a "Call to Artists" developed and issued. A "Call to Artists" can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. A RFQ may be used to pre -qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local / Canadian submission. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.76 - Page 11 of 21 • Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. • Direct Invitation/Commission or Purchase (Single / Sole -Source) occurs when a signal artist is identified to complete a Public Art project, or when and existing piece of Public Art is purchased. In the instance of the purchase of an existing piece of art, an appraiser or outside expert maybe called in to determine authenticity. For large commissions in public spaces, the Public Art Committee may choose to provide the three top-ranked Public Art Jury selections for Community Comment prior to finalizing the selection process. 08.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City's Financial Control Policy FIN -030 and be subject to an evaluation process based on the City's donation criteria outlined below: • Information about the artwork including photographs of the artwork (if existing) or illustrations (if proposed); • Maintenance and conservation plan, including the condition of the work and any repairs needed; • Site installation requirements of the artwork; • Projected budget for installation and ongoing maintenance of the artwork; • Legal proof of the donor's authority to donate the work; and, Where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. All donations of existing artworks will be subject to a review process by Community Services staff in collaboration with the Public Art Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 07.01 and 07.03. The City is not required to accept donations of Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis which outlines aspects such as the benefits of the acquisition, and short and long term costs. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.77 - Page 12 of 21 The individuals or organizations proposing to donate artwork will be notified of the City's decision to accept or decline the donation. If accepted, the individual and / or organization shall acknowledge that donated art cannot be returned. Accepted donations of public art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the Donation may be stored, exhibited, loaned, de -accessioned or disposed of at the discretion of the City. Donation of funding from the public or private sector for the City's Public Art program, this funding will be added to the Public Art Reserve Fund. 08.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 8.0 of this Policy. Temporary installations of artwork will be documented, and included in the City's inventory of public art exhibitions; listing the dates of display, and a project/artists statement. 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i. directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii. art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii. landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv. easily moveable artworks such as paintings, drawings, models and books. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.78 Page 13 of 21 09 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should take into account the following: Community relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and / or history, culture and diversity, and / or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location's uses and users Economic Value • Short and long term costs • Tourism potential Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outline in the Public Art policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines. 10 Site Selection The selection of sites for public art shall be made by City staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria: • potential visibility of public art; • distribution of projects across the City; Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.79 - Page 14 of 21 • implementation potential; • public benefit; • geographic justification; • quality, scale and character of the public art are suitable for the location and audience; • environmental conditions, site servicing and safety; and, • does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: • Public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces) • Parks and Public Spaces For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.01 On Lands Owned by the City of Pickering Installation of public art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Proponents of public art proposals are required to pre -consult with Community Services staff, City Development staff and Public Art Committee; and, to present to City of Pickering Council. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre -consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to City of Pickering Council. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.80 Page 15 of 21 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre -consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to City of Pickering Council. Direction on options for private sector contributions to public art are provided in Section 6.0 of this Policy. 11 Collections Management 11.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 11.02 Accessioning/Registry/Inventory: • The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. • Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program. • Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 12 Maintenance & Conservation 12.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.02 All public art submissions must include a detailed manual from the artist outlining the maintenance and/or conservation plan. The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers' lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.81 Page 16 of 21 13 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City's Insurance Policy. 13.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 14 Storage 14.01 When storage of Public Art, whether short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City's Owned Public Art. 15 Agreements & Installation 15.01 The Artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the Artist's obligations, which include, but are not limited to: • Materials • Timelines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub -contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution. 15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 16 Deaccession & Disposal 16.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.82 - Page 17 of 21 the Artist and/or donor, where appropriate. Public art may be de -accessioned and/or disposed of under any of the following situations: • endangerment of public safety • excessive repair or maintenance • irreparable damage • inaccessibility • site redevelopment • art is no longer relevant • works that endanger public safety • possibility of upgrading through exchange • no appropriate location for exhibition of work • Copies, forgery or reproductions lacking authenticity or archival value • The public art is no longer relevant to the City's Public Art Collection, or • the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means 16.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending de -accessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or de -accessioning of the artwork is appropriate. 16.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of de -accession will be made by Cultural Services Staff. The de -accessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 17 Copyright and Intellectual Property 17.01 Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03. 17.02 The City will respect the artist's right of authorship and the integrity of the public art. 17.03 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.04 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty -free non-commercial license to the City of Pickering for images of their work in perpetuity. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.83 Page 18 of 21 17.05 In cases where the artist is not contracted directly to the City, but is a sub -contractor (e.g. for integrated artworks or artist on a design team) or for developer -provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. 18 Artist Remuneration 18.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis. 18.02 Artist Contract Terms — In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following: • Scope of work (may be design services only; or design, fabricate and/or install); • City's and artist's obligations, appropriately apportioning risk and responsibility; • Timelines; • Ownership, maintenance, and conservation obligations; • Intellectual Property, Copyright, and Artist Moral Rights; • Artist recognition; • Warranty and insurance (as appropriate); and, • Payment schedule. 19 Community Engagement & Awareness 19.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City's Public Art Collection in the community. 19.02 City staff will be responsible for ensuring the community is aware of any public art installations or de -accessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.84 - Page 19 of 21 20.02 This information will also be held within the Public Art Inventory which will be maintained by the Community Services Department. 21 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are: • On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner. • Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City. • Partnership with business/agency. 22 Funding 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and de -accession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective Jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.85 Page 20of21 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Public Art Inventory — City of Pickering (current October 2019) Policy Title: Public Art Policy Policy Number: "Click to type Policy Number.86 - Page 21 of 21 CGa �f DICKERING Report to Executive Committee Report Number: CS 37-19 Date: November 4, 2019 From: Marisa Carpino Director, Community Services Subject: 2020 Community Festivals and Events - Approval of 2020 Events in Esplanade Park - File: A:1440-001 Recommendation: 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on June 19, 2020 for Big Drum Social, 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 Filipino - Canadian Heritage & Resource of Durham on June 20, 2020 for ADOBO Festival 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 Esplanade Park by Frederica Black Events on July 18, 2020 for Brew & BBQ Fest 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 Canadian Food Truck Festivals from August 7 to August 9, 2020 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 5. That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo - Canadian Cultural Association of Durham Inc. on August 16, 2020 for Festival of India's Heritage, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Community 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. -87- CS 37-19 November 4, 2019 Subject: Community Festivals and Events 2020 Page 2 Identified in the Policy are Signature Parks which consists of Esplanade Park, Millennium Square, Alex Robertson Park and Bruce Hanscombe Park. As per Section 05.02 (b), the permitting of Esplanade Park for public events is subject to the approval of Council. Therefore, the purpose of this report is to seek Council's endorsement of public events proposed to take place at Esplanade Park in 2020 as per the list below. Financial Implications: Applicants are responsible to coordinate and operate all aspects of their events including marketing, event organization and operation, setup, and cleanup 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 guards as required by the City. For Partner Events with attendance greater than 1000 guests, City staff are in 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. Discussion: As per the Community Festivals and Events Policy, Section 05.02(b), staff are required to seek Council approval for applicants of "Partner Events" requesting to operate in Esplanade Park in 2020. As such, staff have prepared this report that identifies the following community organizations which have requested to continue to operate their 2020 event in Esplanade Park. Due to the size and scope of these events (small to medium sized), staff recommend that they continue to operate at Esplanade Park in 2020 despite the anticipated works associated with the City Centre Project. After speaking with appropriate City and Project Manager staff responsible for the project, staff do not anticipate that these works will negatively impact their event operations or event parking. Partner Events Applicant Proposed Dates 2020 (includes event setup, operation and cleanup) Big Drum Social Carea Community Health Centre Friday, June 19, 2020 ADOBO Festival Filipino -Canadian Heritage & Resource of Durham Saturday, June 20, 2020 BBQ & Brew Fest Frederica Black Events Saturday, July 18, 2020 -88- CS 37-19 Subject: Community Festivals and Events 2020 November 4, 2019 Page 3 Food Truck Festival Canadian Food Truck Festivals Wednesday, August 5 — Monday, August 10, 2020 Festival of India's Heritage Indo -Canadian Cultural Association of Durham Inc. Sunday, August 16, 2020 City of Pickering staff from applicable departments support the events, in principle, subject to various event/festival requirements being met by the applicant during the event planning process. The requirements include but is not limited to the following: • proof of liability insurance • rentals of event equipment and supplies • Durham Health Community Special Events Form for Event Coordinators/Organizers • locates completed for all staked equipment • rental of all required portable restroom and hand -washing stations (if applicable) • submission of site plan and emergency response plan • adherence to the City's Emergency Weather Standard Operating Procedure • hiring of site security and police officers to monitor event operations (if applicable) Event Details/Description 1. Big Drum Social has operated successfully in Pickering since 2016. In 2019, the event moved from a Saturday to a Friday date, and organizers invite local schools to attend. This move has improved attendance and engagement from the community at large. 2. ADOBO Festival, formerly known as Filipino Festival and Santa Cruzan, returns this year to Esplanade Park with a new name. The event will feature the national dish of the Philippines in food service, cooking competitions and the new title. Organizers intend to invite community organizations from Pickering and across Durham Region to join the festival. Staff will work with organizers and DRPS Auxiliary to develop a parade route for the Santa Cruzan. 3. BBQ & Brew Fest originally scheduled for September 2019, has been postponed by the organizer to July 2020. The organizer was unable to gather sufficient vendors and ticket sales to operate in 2019. Staff will continue to work with the organizer to achieve success in 2020. 4. Food Truck Festival has operated successfully for the past number of years. They intend to continue operation in 2020 on the same weekend. 5. Festival of India's Heritage was operated in partnership with the City as a part of the Sunday Summer Concert series in 2019, and previously ran as an enhanced flag raising. The group now intends to operate the festival independently. Organizers have operated this program for over a decade. The festival was well received by the community in 2019. The program will include live entertainment, vendors, food and a flag raising. 89 - CS 37-19 November 4, 2019 Subject: Community Festivals and Events 2020 Page 4 Considering the significant size and scope of the annual Rotary Ribfest event, the planned construction within City Centre and resulting loss of Esplanade South lands are anticipated by staff to negatively impact their event operations and event parking. For this reason, staff are working with the Rotarians to investigate the feasibility of operating the 2020 Rotary Ribfest event (operating from June 5-7, 2020, inclusive) in the new location of Village East Park and Chris Graham Fields. This event site will not only include the park but the adjacent roadway from one end of the park to the other as per the Proposed Event Site Traffic Plan set out as Attachment 1. To that end, staff are working on a traffic plan to close that section of Pickering Parkway for the event. In addition, Rotary are working to develop partnerships for off-site parking and shuttle services. Staff have advised Rotary that activities must end at 9:00 pm in the new location. DRPS will be consulted with regard to site safety and Hydro One will be required to provide approvals since the subject lands include the Hydro Corridor. Since Rotary has outgrown the existing site of Esplanade Park, this new location may serve their purposes for the years to come. At this time, staff are requesting Council authorization to permit Esplanade Park for the above listed community events in 2020. Attachments: 1. Proposed Event Site Traffic Plan (October 2019) Prepared By: Original Signed By: Tanya Ryce Supervisor, Cultural Services MC:tr Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer -90- Attachment No. 1 to Report CS 37-19 Chestnut Hill Developments Recreation Complex - 91 - LEGEND Hard Road Closure Barricade (staffed) Soft Road Closure Barricade Temporary No Parking Area A Accessible Parking Additional Signs Additional advance road closure signage proposed on Brock Road and on Liverpool Road indicating the closure of Pickering Parkway. Detour Route A detour route on Kingston Road will be provided. Detour signs will also be present on Denmar Road. Accessible Parking Accessible parking is proposed in the parking lot at Village East Park/Diana Princess of Wales Park. Proposed Event Site Traffic Plan Date: 2020-2021 Scale: N.T.S. CCy o� DICKERING Report to Executive Committee Report Number: ENG 10-19 Date: November 4, 2019 From: Richard Holborn Director, Engineering Services Subject: Proposed Stopping Restrictions Wheatsheaf Lane and Rosefield Road - File: A-1440 Recommendation: 1. That the attached draft by-law be enacted to amend Schedule "1" to By-law 6604/05 to provide for the regulation of stopping on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to provide for stopping restrictions on Wheatsheaf Lane and Rosefield Road; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: In response to concerns by area residents regarding vehicle access, accessibility, and to promote safety around schools, Engineering Services staff are proposing the following updates to Schedule "1", No Stopping, to the Traffic and Parking By-law 6604/05. 1. On Wheatsheaf Lane the majority of parking/stopping occurs on the west side of the street, however, when vehicles park on the east side of Wheatsheaf Lane there is minimal room for vehicles to maneuver to allow two vehicles to pass side by side. It is recommended that the addition of a No Stopping restriction on the east side of Wheatsheaf Lane be implemented and limited to 7:30 am to 4:30 pm, Monday to Friday. 2. On Rosefield Road, accessibility issues are being encountered by a resident on the south curve, who utilizes the services of a specialized transit bus through Durham Region Transit. When there are vehicles parked on the curve, the transit bus stops and deploys it's ramp in the middle of the road and the resident has difficulty getting up over the curb to their driveway. As other options were considered between City and Durham Region Transit staff, it was preferred by all that stopping restrictions be placed around the outer curve so that the bus can pull to the resident's driveway safely. Also, No Stopping restrictions around the curve will provide better sightlines and vehicle access for all users of the road. It is recommended that the addition of a No Stopping restriction on the outer curve on the south portion of Rosefield Road be implemented and limited to 7:30 am to 4:30 pm, Monday to Friday, holidays excluded. _92_ ENG 10-19 November 4, 2019 Subject: Proposed Stopping Restrictions Wheatsheaf Lane and Rosefield Road Page 2 Financial Implications: The installation of all posts and signs can be accommodated within the Roads Current Budget. Discussion: In response to concerns from area residents, and to promote safety around schools, Engineering Services staff are proposing the following stopping restrictions to Schedule "1", to the Traffic and Parking By-law 6604/05: Addition of a No Stopping zone on the east side of Wheatsheaf Lane is recommended Two separate complaints from area residents were received by Engineering Services staff through the Customer Care Centre with respect to parking and stopping on Wheatsheaf Lane. The complaints stated that during the school hours of Maple Ridge Public School, particularly during pick-up and drop-off times, the road is difficult to navigate because of vehicles parked and stopped on both sides of the street. Engineering Services staff investigated this concern and provide the following information. • Due to driveway spacing and a fire hydrant, there is space for only 1 or 2 vehicles to legally park on the east side of the street without blocking driveways. The west side of the street has space for approximately 8 vehicles, since there are no houses on that side. • Most parking/stopping occurs on the west side of the street, however, when vehicles park on the east side of Wheatsheaf Lane the road narrows considerably becoming one-way, and since the street is approximately 75 metres in length there is minimal room for vehicles to maneuver to allow 2 vehicles to pass side by side. Based on the investigation, Engineering Services staff recommend the installation of stopping restrictions, Monday to Friday, 7:30 am to 4:30 pm, which are identical to parking restrictions that are currently in place on Bushmill Street in front of the school. All five houses on Wheatsheaf Lane were contacted with respect to the proposed stopping restrictions, of which three houses responded to the proposal with full support. The other two houses did not respond to staff. The proposed stopping restrictions on Wheatsheaf Lane are shown graphically in Attachment 1. The draft by-law amendment to Schedule "1", No Stopping, is presented in Attachment 3. Addition of a No Stopping Zone on Rosefield Road at the curve is recommended A complaint with respect to accessibility from a resident on the south portion of Rosefield Road at the curve was received by Engineering Services staff. The resident stated that they require access to a specialized transit bus, through Durham Region Transit, for daytime appointments. The resident identified that when they are being picked up or dropped off, the smaller sized specialized transit bus is required to be close to the curb for the ramp to be deployed, as the bus will not pull into the driveway. -93- ENG 10-19 November 4, 2019 Subject: Proposed Stopping Restrictions Wheatsheaf Lane and Rosefield Road Page 3 With vehicles routinely parking close to the resident's driveway on the outer curve, the transit bus typically has to stop in the centre of the road. This causes the resident to exit the bus in the travelled part of the road, and at times, results in them having difficulty getting up over the curb to their driveway. Engineering Services staff investigated this concern with assistance from the City's Accessibility Coordinator and Durham Region Transit staff. Additional options were also explored with the resident, including other services that Durham Transit could assist the resident with. However, it was preferred by all involved that stopping restrictions be placed around the outer curve so that the bus can pull to the resident's driveway safely. It is also recognized by staff that stopping restrictions around the outer curve on Rosefield Road would eliminate approximately three to four parking spaces, which are used by parents picking up and dropping off children to Glengrove Public School. However, it is further recognized that restricting stopping around the curve will provide better sightlines and vehicle access for all users of the road, and the three or four vehicles parking here can be accommodated elsewhere including further down the street if necessary. Staff reached out to the five residents affected by the proposed stopping restrictions, and a few that were not directly affected, to get their feedback. All residents contacted were in support of the stopping restrictions with the following two comments. 1. Residents noted that parents park around the curve and use the pathway to pick up their children at Glengrove Public School. Stopping restrictions would move those parents to the other side or further down the street, and residents also mentioned that the proposed stopping restriction is the safer option as it difficult to navigate the corner during this time and that school age children would be better seen when exiting the pathway. 2. Resident's supported the stopping restrictions with the request that the stopping restrictions be limited to school times and days with holiday's being exempt from the restrictions. Therefore, based on the investigation and speaking with affected area residents, Engineering Services staff recommend implementing stopping restrictions on Rosefield Road along the outer curve from 7:30 am to 4:30 pm, Monday to Friday, holidays excluded. The proposed addition of stopping restrictions are shown graphically in Attachment 2. The draft by-law amendment to Schedule "2", No Parking of By-law 6604/05 is presented in Attachment 3. Attachments: 1. Proposed Stopping Restrictions, Wheatsheaf Lane 2. Proposed Parking Restrictions, Rosefield Road 3. Draft By-law Amendments to Schedule "1" to By-law 6604/05. -94- ENG 10-19 November 4, 2019 Subject: Proposed Stopping Restrictions Wheatsheaf Lane and Rosefield Road Page 4 Prepared By: Original Signed By: Nathan Emery Coordinator, Traffic Operations Original Signed By Scott Booker Manager, Capital Projects & Infrastructure NE:mjh Approved/Endorsed By: Original Signed By: Richard Holborn Director, Engineering Services Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer -95- Attachment # 1 to Report # ENG 10-19 * Maple Ridge Public School II t ` I t i'$* iliii,��� lift • Legend Proposed ■■■■■f Stopping Restrictions Bushmill Street Existing Stopping Restrictions •,.., ' it • --I • ... 3. . ... # 4• i - 3 rnwo Ck. d V , , • II wok* ., i 2 it • is . . _ _ _ .L Engineering Services _ _6'4 4 Department Proposed Stopping Restrictions PJCKE RJ NG SCALE NTS PLOT DATE: October, 2019 Wheatsheaf Lane -96- Attachment # 2 to Report # ENG 10-19 -97- - +- a7 1r . C. In r ## -- ii 0 ' r f 4 ` \' 4 \ 1r - 9 c4 -- 40 ' - r _ _- + - - y r) i. • { 9 * - M' # • } • Glengrove f �iti. V / L - f Public School Proposed' Stopping Restrictions le Engineering Services Department Proposed Stopping Restrictions Rosefield Road _ _C 4 P1CKE R1 NG S`A`E. NTS PLOT DATE: October, 2019 -97- Attachment #3 To Report # ENG 10-19 The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 1 to By-law 6604/05 to provide for the regulation of stopping on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to restrict stopping on the east side of Wheatsheaf Lane and on a portion of Rosefield Road. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 1 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Highway Add Schedule 1 No Stopping Column 2 Column 3 Side Limits (From/To) Wheatsheaf Lane East Rosefield Road West and South Full Limit 65 metres south of Fieldlight Boulevard to 115 metres south of Fieldlight Boulevard _98 - Column 4 Prohibited Times or Days 7:30 a.m. to 4:30 p.m. Monday to Friday 7:30 a.m. to 4:30 p.m. Monday to Friday Holidays Excluded By-Iaw No. Page 2 By-Iaw passed this 25th day of November, 2019. David Ryan, Mayor Susan Cassel, City Clerk -99-