Loading...
HomeMy WebLinkAboutJanuary 10, 2022 Executive Committee Meeting Agenda January 10, 2022 Electronic Meeting – 2:00 pm Chair: Councillor McLean Due to COVID-19, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1. Roll Call 2. Disclosure of Interest 3. Delegations Due to COVID-19, members of the public looking to provide a verbal delegation to Members of the Executive Committee, may do so via audio connection into the electronic meeting. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Persons who wish to speak to an item that is on the agenda must register by 12:00 noon on the last business day before the meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4. Matters for Consideration 4.1 Director, Community Services, Report CS 01-22 Community Association Lease Agreement -856 Pickering Kinsmen Royal Canadian Air Cadet Squadron 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 1 to this report, subject to minor For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1 Executive Committee Meeting Agenda January 10, 2022 Electronic Meeting – 2:00 pm Chair: Councillor McLean revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4.2 Director, Engineering Services, Report ENG 01-22 Rotary Frenchman’s Bay West Park -Lake Ontario Shoreline Restoration Recommendation: 1. That Report ENG 01-22 regarding the Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration, be received; 2. That Council approve engaging the services of the Toronto and Region Conservation Authority (TRCA) as a sole source purchase for project management and construction services for the Lake Ontario shoreline restoration work in accordance with the City’s Purchasing Policy Items 09.04 and 09. 09; 3. That Council authorize staff to execute a letter of agreement with the TRCA for the project management and construction services for the Lake Ontario shoreline restoration work, on such terms as are satisfactory to the Director, Engineering Services and the Director, Finance & Treasurer; 4. That Council authorize the Director, Finance & Treasurer, to finance the total net project cost of $472,377.00 as follows: a) The sum of $236,188.00 to be funded by a transfer from the Development Charges – City’s Share Reserve; b) The sum of $236,189.00 to be funded by a transfer from the Development Charges – Parks & Recreation Services Reserve Fund; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 16 Executive Committee Meeting Agenda January 10, 2022 Electronic Meeting – 2:00 pm Chair: Councillor McLean 4.3 Director, Finance & Treasurer, Report FIN 01-22 27 2022 Interim Levy and Interim Tax Instalment Due Dates Recommendation: 1. That an interim property tax levy be adopted for all realty property classes for 2022; 2. That the interim property tax levy instalment due dates be February 25 and April 25, 2022; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4.4 Director, Finance & Treasurer, Report FIN 02-22 32 Request to Award the Contract to NTT Data Business Solutions Inc. for SAP Application Management Services Recommendation: 1. That the Proposal from NTT Data Business Solutions Inc., in the amount of $240,012.00 (HST included) be accepted for the initial term of one year; 2. That the total gross project cost of $240,012.00 (HST included) and other associated costs and that the net of HST project cost of $216,138.00 be funded over a one year period be approved; 3. That Council authorize the Director, Finance & Treasure to fund the net project cost of $216,138.00 from the 2018 Capital Budget Account (old 5203.1801.6174) or new account number is C10600.1801.90; and, 4. That the appropriate City of Pickering officials be a uthorized to take the necessary actions to give effect hereto. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 52 Executive Committee Meeting Agenda January 10, 2022 Electronic Meeting – 2:00 pm Chair: Councillor McLean 4.5 Director, Operations, Report OPS 01-22 Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay -Review of Results of 2021 Pilot Project Recommendation: 1. That Council receive report OPS 01-22 from the Director, Operations regarding the mechanical harvesting of Eurasian watermilfoil weeds in Frenchman’s Bay 2021 pilot project for information; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 5. Other Business 6. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Report to Executive Committee Report Number: CS 01-22 Date: January 10, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: Community Association Lease Agreement -856 Pickering Kinsmen Royal Canadian Air Cadet Squadron -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 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: As per Council Resolution #252/17, the City entered into a Lease Agreement with the 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron (the “Squadron”) for their exclusive use of one office, one meeting room and two storage rooms located at the East Shore Community Centre. The Lease agreement expires on January 31, 2022. The Community Services Department recommends that the Lease Agreement included as Attachment 1 be initiated for a five year term beginning February 1, 2022 and ending January 31, 2026. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, snow/garbage removal, maintenance and cleaning) of the East Shore Community Centre which are reflected annually within the Community Services Department Current Budget (cost centre 10245). The Current Budget does not reflect capital expenditures that vary year-to-year depending on facility need. The Squadron is responsible to fund the day-to-day costs to operate their activities, which includes program/office supplies, administrative and insurance costs. The Squadron is also responsible to supply, maintain, repair and/or replace furniture, appliances and equipment at its expense, in order to operate their activities. Discussion: For the past number of years, the Squadron have operated their committee from dedicated office, meeting room and storage rooms located on the 2nd floor of the East Shore Community Centre. - 1 - CS 01-22 January 10, 2022 Subject: Community Association Lease Agreement Page 2 The Royal Canadian Air Cadets is an inclusive community oriented program for Canadian youth between the ages of 12 and 18 years. The Cadet program offers the opportunity for youth to develop into upstanding community orientated citizens through challenges, unique experiences, and humanitarian endeavours. The program includes aviation studies, citizenship, leadership, effective speaking, outdoor survival, drill, sports, and drum and bugle band. The program also offers the opportunity to learn to fly, expand horizons, contribute to the local community, and develop lifelong friendships. 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron currently has 150 cadets and the only cost to join is a $60 annual administration fee that is paid to the Ontario Provincial Committee to cover insurance and training. The Squadron has the exclusive use of the second floor meeting room, office and two storage rooms, at no cost to coordinate their administrative duties. The Squadron is scheduled to host their programs and exercise drills through their use of the East Shore Community Centre Gymnasium, Community Room, Meeting Rooms 2 and 4 on Wednesdays from 6:00 pm to 10:00 pm. and the Community Room on Fridays from 7:00 pm to 9:30 pm from September to June annually, at no cost to the Club. During this time, the Squadron have operated their activities in a diligent and conscientious manner that has satisfied the City. The current Lease Agreement executed under Council Resolution #252/17 expires January 31, 2022. City staff have prepared an updated Lease Agreement attached as Attachment 1. As per the terms and conditions of the attached written agreement, the Squadron shall use the premises for non-profit, charity events or non-commercial receptions of the Squadron, at their cost. The Squadron will also maintain insurance in the amount of five million dollars. The City is responsible for all day-to-day operating expenses of the East Shore Community Centre including utilities, snow and garbage removal and regular maintenance. The Community Services Department recommends that the Lease Agreement included as Attachment 1 be initiated for a five year term, beginning February 1, 2022 and ending January 31, 2026. Attachments: 1. Draft Lease Agreement with 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron. CORP0227-07/01 revised - 2 - CS 01-22 January 10, 2022 Subject: Community Association Lease Agreement Page 3 Prepared/Approved/Endorsed By: Original Signed By: Sarah Douglas-Murray Director, Community Services SDM:sdm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer CORP0227-07/01 revised - 3 - Attachment #1 to Report CS 01-22 Lease Agreement This Lease is made as of the 1st day of February, 2022. 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, (a)"Commencement Date" means February 1, 2022; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the East Shore Community Centre composed of the second floor meeting room, office and two storage rooms as shown on Schedule “A” attached hereto, located at 910 Liverpool Road South, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 22; and (e)"Term" means the term of this Lease as set out in Section 19. 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. - 4 - 2 Schedule 3. Schedule “B” (City’s Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4. 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 5. 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 6. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7. This Lease 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 8. 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 Use of Premises 9. The Premises shall be used only for administrative and program functions of the Squadron at its expense and for no other purpose without the prior written consent of the City. - 5 - 3 10. The Squadron’s use of the Premises shall be in accordance with the City’s Conditions of Agreement (Schedule “B”). Nuisance 11. 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 City acknowledges that the drilling, exercise and program activities normally carried on by the Squadron on the Premises do not constitute a nuisance. City Use of Premises 12. Subject to section 11, the City shall have right of first refusal to use the Premises. The Squadron shall not be entitled t o any rental fees remuneration or any other compensation associated with the use of the Premises by the City. 13. Provided it is not required by the City for any other use, the City shall provide the Squadron with the use of the East Shore Community Centre Gymnasium, Community Room, Meeting Rooms 2 and 4 on W ednesdays from 6:00 pm to 10:00 pm and the Community Room on Fridays from 7:00 pm to 9:30 pm for Squadron activities from September to June annually at no cost to the Club. Requests by the Squadron for additional facility space and/or time is subject to facility availability and applicable permit user fees. Assignment and Subletting 14. 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 15. The Squadron may not grant licences to use the Premises. 16. The Squadron shall submit their annual financial statement to the City by October 31st of each year. 17. The Squadron shall submit an annual permit request to the City by June 30th of the previous year. 18. The Squadron shall submit a list of their Board of Directors and total number of annual members/participants to the City by December 1st each year. - 6 - 4 Article III Term Term 19. The term of this Lease shall be five (5) years from the Commencement Date to January 31, 2027. 20. The City may terminate this Lease at any time for any reason provided it has given the Squadron six (6) months prior notice. Overholding 21. 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 22. 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 23. 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 24. The Squadron shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 25. The Squadron shall be responsible to supply, maintain, repair and/or replace furniture, appliances and equipment at its expense in order to operate Squadron activities. - 7 - 5 26. The City shall provide snow removal services for the parking lot, sidewalks, walkways and all other areas of pedestrian passage on the Premises. 27. (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, 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 City’s reasonable administration charge necessitated by such negligence or misuse. 28. The Squadron shall immediately notify the City of any unsafe conditions on the Premises. Security 29. The City shall be responsible for the security of the Premises. The Squadron is not permitted to use the premises without City personnel on site to perform this function. Alterations/Improvements to Premises 30. The Squadron shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Squadron's Insurance 31. The Squadron, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which 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 abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of - 8 - 6 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. 32. 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. 33. 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 34. 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. Indemnification 35. Each of the City and the Squadron shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Squadron, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. - 9 - 7 Article VII Remedies on Default City's Right to Re-Enter 36. 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 37. 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 38. 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 39. The City shall permit the Squadron to peaceably possess and enjoy the Premises during the Term and as per the conditions and times set out in their city issued facility permit without any interference from the City, or any person lawfully claiming by, from or under the City provided the Squadron is not in default. Right of Entry - 10 - 8 40. The Squadron agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Squadron's use of the Premises during any such entry. Signs 41. 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 42. 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. 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. Schedules “A” and “B” attached hereto form part of this Agreement. In Witness Whereof the parties have executed this Lease. - 11 - 9 The Corporation of the City of Pickering ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk 856 Pickering Kinsmen Royal Canadian Air Cadet Squadron ________________________________ Caroline Pascoe, Chair ________________________________ Sue Passmore, Treasurer We have the authority to bind the Squadron - 12 - NOTE: LOCATIONS OF WALLS AND FIXTURES MAY VARY Appendix A NORTH EAST SHORE COMMUNITY CENTRE GROUND FLOOR PLAN 50 10 METERS GYMNASIUM SENIOR'S ROOM ACTIVITY ROOM MULTI- PURPOSE MULTI- PURPOSE LAWN BOWLING ROOM MULTI- PURPOSE GAME ROOM MECH MECH UPPER FLOOR PLAN AIR CADETS LIVERPOOL ROAD STORAGE STORAGE SHED MAIN PARKING LOT & LAWN BOWLING GREENS - 13 - Appendix B Conditions of Use 1. The City reserves the right to cancel any permit temporarily or permanently, should accommodation be required for special events, or in an emergency. 2. 50% of payment is due at time of booking. This is a non-refundable deposit. The remaining 50% is due in full, 90 days prior to the permit date of the event. 3. Applicants must be members of authority in the organization seeking accommodation. 4. The facility is to be used only on the date(s) and time(s) specified, and only for the purpose named. No teen dances/parties, stags or stagettes are permitted in our halls. This permit is not transferrable. 5. The City will not be responsible for personal injury or damage or for the loss or theft of clothing or equipment of the applicants, or anyone attending on the invitation of the applicant or any persons contracted by the applicant. 6. The applicant shall be responsible for the conduct and supervision of all persons admitted to the building(s) and grounds and shall see that all regulations contained herein are strictly observed. 7. Unnecessary noise which disturbs the peace, quiet, or comfort of any person in any type of residence, place of business, etc., in proximity to the facility shall not be permitted. 8. The exits must be kept free from obstruction in case of fire. 9. The applicant must pay all damages arising from the use of the property. 10.A damage/security deposit will be charged for all rentals, to be refunded at a later date, if no damage, excessive maintenance costs are incurred as a result of the facility rental. 11.The applicant must pay such fees for extra work by custodians, etc., as the City may determine. 12.Games of chance, lottery, or gambling in any forms, contrary to law is strictly forbidden. 13.It shall be the responsibility of the applicant to see that all persons admitted to the function being held, have vacated the premises promptly by 2:00 am. 14.If liquor of any type is to be served, sold or available at the function, the applicant must obtain all necessary permits and licenses and must adhere to the City of Pickering ‘Alcohol Management Policy’. A copy of the liquor license must be posted on the wall during the function. - 14 - 15.The City of Pickering requires every event have a minimum of $2,000,000 third party general liability insurance coverage. This insurance must be purchased as part of the rental process. 16.For all special occasion permits, only monitors and servers that possess a server intervention program certificate will be permitted to use the designated facility. Information is available at www.smartserve.org. 17.The licensor reserves the right to provide security personnel or Pay- Duty Police at the expense of the licensee, should the Supervisor, Facility Programs deem it necessary. 18.Hall cancellations are subject to a $48.00 administration fee. 19.All cancellations must be received in writing ninety days prior to the function, or the entire rental fee will be forfeited. 20.All rental rates are subject to increase. Post-dated cheques will not be accepted. 21.This contract is not valid unless it is signed and dated by the person renting the facility and returned as soon as possible to the Facility Booking Clerk. 22.Recreation Complex Staff will set-up the tables and chairs ‘provided’ a diagram of the layout is submitted one week preceding the function. You may obtain the diagrams at the Complex Information Desk. Any materials/articles dropped off prior to the function, or left after the function, must have prior approval from the Maintenance Department or designate. 23.If Complex Banquet Halls are rented, please use the outside entrance to Banquet Hall, do not use main Complex doors. - 15 - Report to Executive Committee Report Number: ENG 01-22 Date: January 10, 2022 From: Richard Holborn Director, Engineering Services Subject: Rotary Frenchman’s Bay West Park -Lake Ontario Shoreline Restoration -File: A-1440 Recommendation: 1.That Report ENG 01-22 regarding the Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration, be received; 2.That Council approve engaging the services of the Toronto and Region Conservation Authority (TRCA) as a sole source purchase for project management and construction services for the Lake Ontario shoreline restoration work in accordance with the City’s Purchasing Policy Items 09.04 and 09.09; 3.That Council authorize staff to execute a letter of agreement with the TRCA for the project management and construction services for the Lake Ontario shoreline restoration work, on such terms as are satisfactory to the Director, Engineering Services and the Director, Finance & Treasurer; 4.That Council authorize the Director, Finance & Treasurer, to finance the total net project cost of $472,377.00 as follows: a)The sum of $236,188.00 to be funded by a transfer from the Development Charges – City’s Share Reserve; b)The sum of $236,189.00 to be funded by a transfer from the Development Charges – Parks & Recreation Services Reserve Fund; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Rotary Frenchman’s Bay West Park (RFBWP) is situated on land owned by the Toronto and Region Conservation Authority (TRCA) under Management Agreement with the City of Pickering. The first phase of implementation of the RFBWP Master Plan, which included the reconstruction of Beachpoint Promenade and associated park features at the west end of the park, were completed in 2018. Following the high water events of 2017 and 2019, the RFBWP Master Plan was slightly modified and re-endorsed by Council in November 2020. - 16 - ENG 01-22 January 10, 2022 Subject: Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration Page 2 As part of the 2021 Parks Capital Budget, $2 million was approved for the implementation of the balance of works in the RFBW Park Master Plan. This budget amount includes funds for design and contract administration consulting fees, the Lake Ontario shoreline restoration work and other park and trail improvements on the west spit. The MBTW Group Inc. were retained in early 2021 to provide and coordinate the design and construction administration services for this project. The Lake Ontario shoreline restoration work extends along the Phase 1 area and includes the removal of the old cottage foundation walls and associated debris found along the beach. Shoreplan Engineering Limited, Coastal Engineers have designed a stone revetment treatment to protect the shoreline from further erosion along the interpretive kiosk and picnic area, and an armourstone protection wall to protect the end of road turning circle from wave uprush during high water levels and severe storm events. TRCA have provided City staff with a proposal for their Restoration & Infrastructure team to perform the shoreline restoration work. As the owner of the RFBWP lands and as experts on Lake Ontario and ecological restoration work, TRCA are well suited and have the experience to complete this shoreline restoration work, recognizing the sensitivity of the area and the nature of the safety hazards inherent with working on the shoreline. The City’s Purchasing Policy Item 09.04(g) authorizes the Manager, Supply & Services to make single or sole source purchases without competitive bids in respect of “work to be performed on or about a leased building or portions thereof that may be performed only by the lessor”. As stated earlier, TRCA is the owner of the RFBWP lands. The City’s Purchasing Policy Item 09.09 states “a single or sole source purchase exceeding $125,000 is subject to Council approval”. This report recommends that Council approve engaging the services of TRCA as project manager and constructor of the Lake Ontario shoreline restoration work. TRCA have advised that the best time to complete the shoreline restoration work is during the winter months, when the lake water levels are at their lowest. TRCA are prepared to mobilize quickly in order to complete any in water works by March 31, 2022 to avoid conflict with the fisheries timing window and to minimize public use conflicts by completing the project before summer. It is recommended that TRCA be retained to complete the Lake Ontario shoreline restoration work as outlined in this report and their proposal (attached). Financial Implications: 1. Proposal Amount Toronto and Region Conservation Authority Fee Proposal $407,939.00 HST (13%) 53,032.07 Total Gross Proposal Amount $460,971.07 - 17 - ENG 01-22 January 10, 2022 Subject: Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration Page 3 2. Estimated Project Cost Summary Toronto and Region Conservation Authority Fee Proposal $407,939.00 Associated Costs Contingency (12%) 48,953.00 TRCA Permit Fee 7,315.00 Sub Total – Costs $464,207.00 HST (13%) 60,347.00 Total Gross Project Cost $524,554.00 HST Rebate (11.24%) (52,177.00) Total Net Project Costs $472,377.00 3. Approved Source of Funds – 2021 Parks Capital Budget Expense Code Source of Funds Budget Required Available C10320.1912.01-Reserve – DC’s City’s Share $920,618.00 $236,188.00 504700 DC Res Fund – Parks & 920,617.00 236,189.00 Recreation Services Total $1,841,235.00 $472,377.00 Net Project Cost under (over) Approved Funds $1,368,858.00 The costs for the shoreline restoration work indicated in the tables above represents a portion of the overall project costs. Funds for the detailed design of the shoreline restoration work and final phase of the Rotary Frenchman’s Bay West Park Master Plan implementation in the amount of $158,765.00 (including Net HST) were previously approved by Council and the project was awarded to The MBTW Group Inc. Funds for the actual construction of the park features, permit fees, and geotechnical and materials testing and other associated project costs will come from this same source of funds and will be itemized in a future Report to Council to award the construction. The balance of funds left available for construction for the remaining Master Plan implementation is $1,368,858.00. Discussion: Rotary Frenchman’s Bay West Park (RFBWP), is situated on land owned by the Toronto and Region Conservation Authority (TRCA) under Management Agreement with the City of Pickering. The park underwent the first phase of improvements in 2018 that were based on the 2012 Council endorsed RFBWP Master Plan. This work included the reconstruction of Beachpoint Promenade and other features at the west end of the park. Following the high water events of 2017 and 2019, the RFBWP Master Plan was modified and endorsed by Council in November 2020. As part of the 2021 Parks Capital Budget, $2 million was approved for the implementation of the balance of works in the RFBW Park Master Plan. This budget amount includes funds for design and contract administration consulting fees, the Lake Ontario shoreline restoration work - 18 - ENG 01-22 January 10, 2022 Subject: Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration Page 4 and other park and trail improvements on the west spit. The MBTW Group Inc. were retained to provide and coordinate the design and construction administration services for this project at a total cost of $158,765.00 (net of HST rebate). The Lake Ontario shoreline restoration work extends along the Phase 1 area, from the turning circle at the east end of Beachpoint Promenade, west to beyond the picnic area. The work includes the removal of old cottage foundation walls and associated debris such as reinforcing steel and other building materials that become exposed through wave action, are unsightly, and can be a hazard to the public. Shoreplan Engineering Limited, Coastal Engineers have designed a stone revetment treatment to protect the shoreline along the interpretive kiosk and picnic area from further erosion. An armourstone protection wall will also be installed between the turning circle at the east end of Beachpoint Promenade and beach, to protect this infrastructure from wave uprush during high water levels and severe storm events. TRCA have provided a proposal for their Restoration & Infrastructure team to perform the shoreline restoration work. The proposed work includes project management, site securement, tree protection fencing, erosion & sediment control, creation of staging area and site access to beach area, removal of old cottage structures, construction of shoreline revetment, procurement of construction materials and restoration of the staging area at the completion of the project. As the owner of the land and as experts on Lake Ontario and ecological restoration work, TRCA are well suited to perform this work. Similar services were provided by TRCA from 2012 to 2014, for the reconstruction of the Frenchman’s Bay Harbour Entrance. This arrangement with TRCA led to a very successful implementation of new breakwaters and dredging of the channel. It would be in the City’s best interest to retain TRCA to complete the shoreline restoration work due to the sensitivity of the area, the nature of the safety hazards inherent with working on the shoreline and TRCA’s expertise with this type of work. The City’s Purchasing Policy Item 09.04(g) authorizes the Manager, Supply & Services to make single or sole source purchases without competitive bids in respect of “work to be performed on or about a leased building or portions thereof that may be performed only by the lessor”. TRCA is the owner of the RFBWP lands. The City’s Purchasing Policy Item 09.09 states “a single or sole source purchase exceeding $125,000 is subject to Council approval”. This report recommends that Council approve engaging the services of TRCA as project manager and constructor of the Lake Ontario shoreline restoration work. TRCA have advised that the best time to complete this shoreline restoration work is during the winter months, when the lake water levels are at their lowest. TRCA are prepared to mobilize quickly in order to complete any in water works by March 31, 2022 to avoid conflict with the fisheries timing window and to minimize public use conflicts by completing the project before summer. It is recommended that TRCA be retained to complete the Lake Ontario shoreline restoration work at a cost of $407,939.00 (excluding HST) and that Council approve a net project cost of - 19 - ENG 01-22 January 10, 2022 Subject: Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration Page 5 $472,377.00 (net of HST rebate) for this portion of the final phase of the RFBWP Master Plan implementation. Attachments: 1.Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration proposal from TRCA, dated December 13, 2021 2.Location Map Prepared By: Approved/Endorsed By: Original signed by:Original signed by: Arnold Mostert, OALA Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services Original signed by: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer AM:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by: - 20 - December 13, 2021 To: Arnold Mostert, Senior Coordinator, Landscape and Parks Development, City of Pickering From: Karen McDonald, Senior Manager, Ecosystem Management, TRCA CC: Ralph Toninger, Associate Director, Restoration and Resource Management, TRCA Mike Puusa, Associate Director, Construction Services, TRCA Nancy Gaffney, Government and Community Relations Specialist, TRCA Re: Rotary Frenchman’s Bay West Park, Lake Ontario Shoreline Restoration PROJECT BACKGROUND TRCA has been an active partner with the City of Pickering on the development of the Rotary Frenchman’s Bay West Park Master Plan, which was approved by Council in 2012. Since then, TRCA has contributed to the advancement of the designs, including provision of ecological data and participation in stakeholder and public meetings. As the owner of Rotary Frenchman’s Bay West Park, and as experts on Lake Ontario and ecological restoration, TRCA has provided guidance and advice to the City on best approaches to achieve balanced, safe use of the West Spit while improving ecological conditions of the site. TRCA is pleased to provide this proposal to undertake the Lake Ontario shoreline restoration works for the Rotary Frenchman’s Bay West Park. SCOPE OF WORK TRCA’s role in the implementation of the Lake Ontario shoreline restoration at Rotary Frenchman’s Bay West Park includes the following activities: -Project management -Delineation and securement of construction zone -Tree protection fencing -Erosion and sediment control -Creation of staging area and site access (Figure 1) -Removal and integration and/or offsite disposal of old concrete structures -Construction of Shoreplan Engineering Ltd. design (Figure 2) -Procurement of construction materials identified by Shoreplan Engineering Ltd. (Table 2) -Restoration of staging area Attachment #1 to Report #ENG 01-22 - 21 - 2 EXCLUDED FROM SCOPE OF WORK - Design changes - Permits and approvals -Project information signage -As-built drawings -Drone surveillance -Pre-construction and post-construction ecological monitoring PROJECT TIMELINE -Construction commencement – week of January 31, 2022 -Approximate timeline 8 weeks -Project requires completion by March 31 to avoid fisheries timing window implications. TRCA can seek out timing extension if required. SOLE SOURCE RATIONALE The City of Pickering has a history of collaboration with TRCA. For many years, the TRCA has undertaken a variety of projects in partnership with, and on behalf of, the City of Pickering and which are of common interest to both organizations. A selection of projects undertaken in partnership with, or with the support of, TRCA include: •Frenchman’s Bay Harbour Entrance •Frenchman’s Bay East Spit Shoreline Restoration •Frenchman’s Bay vegetation monitoring and management guidance •Various naturalization projects including community and staff plantings at various sites, including Rotary Frenchman’s Bay West Park •Canada Goose management Various City of Pickering departments and divisions have worked with, and continue to work with, TRCA in accordance with their respective business areas. There is value to the City of Pickering in having TRCA provide services on behalf of the City on projects that eliminate or reduce risk to life and property in a prompt, cost-effective and environmentally responsible manner. TRCA is able to provide cost-effective management of natural environment projects using their highly specialized expertise, and ability to expedite required approvals, facilitate community involvement, meet tight timelines, and satisfy federal and provincial environmental standards. Furthermore, recent amendments made to the Conservation Authorities Act, which are intended to increase the transparency of the relationships between conservation authorities and municipalities to the public, and also to allow for conservation authorities to enter into agreements with municipalities within their jurisdictions in respect to programs and services that the authority will provide on behalf of the municipality. These initiatives are in addition to the mandatory programs and services that conservation authorities provide to their municipalities, which are required by regulation. - 22 - 3 The City of Pickering would benefit by sole sourcing TRCA to undertake these works due to the sensitivity of the area adjacent to Lake Ontario and near a provincially significant wetland; the nature of the safety hazards on the shoreline; and TRCA’s leadership and expertise related to shoreline restoration. Additionally, TRCA is prepared to mobilize quickly in order to complete the works by March 31, 2022 to avoid conflict with the fisheries timing window, and minimize public use conflicts by completing construction in advance of the busy summer months. BUDGET Table 1. Rotary Frenchman’s Bay West Park Lake Ontario Shoreline Restoration budget Item# Description Cost 4.10 Project Management $37,829 4.11 Site Set-Up, ESC, Tree Protection $38,818 4.12 Round Stone Revetment Construction $237,224 4.13 Armour Stone Revetment Construction $49,011 4.14 Site Demobilization and Restoration $24,136 4.15 Misc. Construction $1,495 Subtotal $388,513 Corporate Surcharge (5%) $19,426 Contingency (10%) $40,794 Revised Subtotal $448,733 HST 13% $58,335 HST Rebate (11.24%) -$50,438 GRAND TOTAL $456,630 - 23 - 4 Table 2. Revetment Materials Quantities provided by Shoreplan Engineering Ltd. 18-2873 Rotary Frenchman’s Bay West Park Revetment Materials Unit Quantity Section A 400-600 Boulders tonnes 2000 800-1200 Boulders tonnes 40 Geotextile sq.m. 850 Section B 50-200 Round Stone tonnes 170 300-600 Boulders tonnes 5 400-800 Boulders tonnes 300 600-800 @ toe tonnes 25 Stacked Wall Materials Wall Armour Stones 2-4 tonnes tonnes 140 Geotextile sq.m. 140 Rip rap tonnes 45 Figure 1. Shoreplan Engineering Ltd. Design - 24 - 5 Figure 2. Site access and staging area - 25 - Attachment #2 to Report #ENG 01-22 - 26 - Report to Executive Committee Report Number: FIN 01-22 Date: January 10, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: 2022 Interim Levy and Interim Tax Instalment Due Dates File: F-4200-001 Recommendation: 1.That an interim property tax levy be adopted for all realty property classes for 2022; 2.That the interim property tax levy instalment due dates be February 25 and April 25, 2022; 3.That the attached draft by-law, providing for the imposition of the taxes, be enacted; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of a by-law that establishes an interim tax levy to all property classes, payment due dates, and penalty and interest charges. Under Provincial legislation, the interim levy can be no more than 50 per cent of the previous year’s annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: This is an annual report which is procedural in nature. Enacting a by-law that establishes an interim tax levy to all properties will permit the City to meet its financial obligations and reduce borrowing costs until such time as the 2022 Budget and 2022 Final Tax Levy by-laws are approved by Council. The first instalments payable to the School Boards and Region are due shortly after the due dates. Discussion: In accordance with the Municipal Act, 2001, as amended, the City issues interim property tax bills based on the previous year’s annualized taxes. Those taxpayers that utilize the City’s Pre-authorized Tax Payment Plan (PTP) will have the benefit of spreading any potential tax increase over the 6 instalments that occur after the City’s - 27 - Report FIN 01-22 January 10, 2022 Subject: 2022 Interim Levy and Interim Tax Instalment Due Dates Page 2 ___________________________________________________________________________ budget has been passed and after the Province sets the 2022 (final) education tax rates. The City currently has approximately 12,000 ratepayers using the monthly PTP program. Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12- month period and also do not experience the impact of an increase to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. For 2021, the taxation front counter property tax payments were limited to either cheque or debit. This change has worked well both for residents paying their taxes and City staff. The payment processing time for cheque or debit payments is quicker than cash transactions and therefore, taxation staff can serve the customer quicker. The reduction of cash payments was a prudent measure to safeguard staff and our residents during COVID. It also assisted with the daily balancing process. For 2022, staff will continue with this policy of only receiving cheques or debit payments for City Hall taxation counter payments. It should be noted that the taxpayer still has many options of paying their property taxes, such as through internet banking, at their financial institution or using the City’s drop box. Attachments: 1. By-law to Establish the 2022 Interim Instalment Due Dates Prepared By: Original Signed By: Karen Uphoff (Acting) Supervisor, Taxation Approved/Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 28 - Attachment #1 to Report #FIN 01-22 The Corporation of the City of Pickering By-law No. /22 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2022 Whereas Section 317 of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a by-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2021. b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2021. c. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and where applicable for school purposes, levied in the year 2021. 2. For the purposes of calculating the total amount of taxes for the year 2022 under paragraph 1, the Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes, and if any taxes for municipal and school purposes were levied on a property for only part of 2021 because assessment was added to the collector’s roll during 2021, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this by-law apply in the event that assessment is added for the year 2021 to the collector’s roll after the date this by-law is passed and an interim levy shall be imposed and collected. - 29 - By-law No. Page 2 4. Taxes shall be payable to the Treasurer, City of Pickering. 5. When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the Treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act, 2001, S.O. c.25, as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act, 2001, S.O. c.25, as amended. 8. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2022 interim taxes, 1 notice being an interim notice, with 2 instalments under the provisions of Section 342 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, as follows: Interim Tax Notice - Due date of the first instalment February 25, 2022 - Due date of the second instalment April 25, 2022; or either date adjusted by the Director, Finance & Treasurer. 9. Section 8 of this by-law in respect to the due dates does not apply to those taxpayers who participate in the City’s monthly Pre-authorized Tax Payment plan (PTP). Monthly PTP interim due dates are the 1st, 8th, and 16th day of each month. 10. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. - 30 - By-law No. Page 3 11. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after 21 days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. It shall be the duty of the Treasurer immediately after the expiration of the said 21 days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said 21 day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. 12. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 13. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this by- law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 14. If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this by-law continue in force and effect. 15. That this by-law is to come into effect on the 24th day of January, 2022. By-law passed this 10th day of January, 2022. ______________________________ David Ryan, Mayor ______________________________ Susan Cassel, Clerk - 31 - Report to Executive Committee Report Number: FIN 02-22 Date: January 10, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: Request to Award the Contract to NTT Data Business Solutions Inc. for SAP Application Management Services -File: F-1000-001 Recommendation: 1.That the Proposal from NTT Data Business Solutions Inc., in the amount of $240,012.00 (HST included) be accepted for the initial term of one year; 2.That the total gross project cost of $240,012.00 (HST included) and other associated costs and that the net of HST project cost of $216,138 .00 be funded over a one year period be approved; 3.That Council authorize the Director, Finance & Treasure to fund the net project cost of $216,138.00 from the 2018 Capital Budget Account (old 5203.1801.6174) or new account number is C10600.1801.90; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: On September 1, 2021, in the middle of the pandemic, the City of Pickering successfully implemented SAP (Phase One) to replace its obsolete financial system . This new system meets the objectives of the Corporation, which is to deploy a modern cloud- based, scalable, Enterprise Resource Planning (ERP) application, that will drive organizational productivity and efficiency. Phase one, from a financial system perspective, consisted of the following new modules: accounts payable, accounts receivable, general ledger, purchasing and point of sale. Prior to this date, the City also implemented phase one of its HR (SAP) system. The system is operational and is performing as envisioned . Employing a new financial system in a pandemic presented challenges to the implementation team. However, the dedication, perseverance and professionalism of the City’s staff team overcame these challenges. To take advantage of the new business functionality in the SAP environment, and to maintain optimum operational system functionality, the City will require the expertise and services of NTT DATA Business Solutions Inc. With the use of this firm, the City will be able to focus its attention to leveraging its investment in the SAP system, enhance business functionality and provide the ongoing effective technical support. The report recommendations are to award the contract for an one year period. - 32 - FIN 02-22 January 10, 2022 Subject: Request to Award the Contract to NTT Data Page 2 Business Solutions Inc. for SAP Application Management Services Financial Implications: The SAP project was originally budgeted for $5.0 million, via the 2018 Capital Budget. The $5.0 million capital budget was financed, per FIN20-18, as follows: 2018 Capital Budget Gross Capital Budget Cost $5,000,000 Less: Funding Sources Financial Systems Res. $1,300,000 Rate Stabilization Res. 1,743,500 DC – Reserve Fund $1,956,500 $5,000,000 Control Total $0 Through the last DC Study (2018), the City was successful in having DC funding partially fund the new financial system. The December 31st, 2021 projected uncommitted balance (after implementing SAP) is estimated to be $1,365,698. The uncommitted balance can accommodate the NTT DATA Business Solutions cost . Discussion: SAP is a powerful and complex system with processes integrated between various modules. The SAP system is a robust and scalable ERP that can accommodate the City’s current and future growth. The vendor will be providing technical support and systems enhancements for the Finance/Accounting, Procurement and HR modules. The selected vendor also has the expertise and experience to provide strategic advice regarding future SAP development for the City. With the original modules now stabilized, it is important to continue the evolution of SAP functionality. City staff contacted SAP Canada to develop a short list of firms that could undertake the level of work and support required by the City. Three vendors were solicited to provide Proposals by the Manager of Supply & Service: Bell Createch; Deloitte Consulting; and NTT DATA Business Solutions Incorporated. Bell Createch and NTT DATA Business Solutions Inc. are the only two vendors that submitted Proposals. Deloitte Consulting recused themselves from the process, as they cited a conflict of interest, given that they are the City’s financial auditors. NTT DATA Business Solutions Inc. was selected as the preferred vendor, as their AMS (Application Management Services) solution provides the most flexible model for the City. In addition, it is interesting to note that their hourly rates outlined in their proposal are more competitive than what the previous incumbent charged. As a medium term strategy, it is staff’s intent to ramp up its internal resources over the next several years, with the intention to reduce its dependency on external agencies. - 33 - FIN 02-22 January 10, 2022 Subject: Request to Award the Contract to NTT Data Page 3 Business Solutions Inc. for SAP Application Management Services Attachment: 1.NTT Data Business Solutions Inc. Draft Statement of Work for Application Management Services Prepared By: Original Signed By: Justin MacDonald (Acting) Senior Purchasing Analyst Approved/Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 34 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 1 of 17 Opp. ID #: 113246 Statement of Work for Application Management Services Value Based Fixed January 1, 2022 – Decemeber 31, 2022 between The Coroporation of the City of Pickering and NTT DATA Business Solutions Inc. Attachment #1 to Report #FIN 02-22 - 35 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 2 of 17 NTT DATA BUSINESS SOLUTIONS INC. STATEMENT OF WORK 1. Overview NTT DATA Business Solutions Inc., formerly itelligence, Inc. ("NDBS") will provide The Corporation of the City of Pickering ("Client") with the SAP Application Management Services ("AMS Services") described in this Statement of Work ("AMS SOW") having an effective date of January 1, 2022 ("Effective Date of the AMS SOW"). This AMS SOW is governed by the Master Services Agreement having an effective date of November 1, 2021 between NDBS and Client ("Agreement"). AMS Services are limited to the Client's SAP system unless other systems are specifically identified and agreed to in this AMS SOW. 2. Scope of Services 2.1. In-Scope Services NDBS will provide Client with AMS Services for Client's SAP system that consist of the following types of activities:  Transition Services - Consist of planning, documenting and executing the exchange of knowledge from the client to NDBS - Transition of Client's SAP solution knowledge to NDBS's AMS delivery team by using documentation checklist and knowledge transfer plan - Establishing AMS organization, processes and procedures  Delivery Management Services are outlined in the "Delivery Manager Role and Responsibilities" Section  Service Desk Provisioning Services - NDBS Service Desk representative(s) will monitor the Client Service Desk and/or other designated tool queue within the defined Operating Hours - Insure tickets are created in the NDBS Service Desk - Provide regular updates to the NDBS and client Service Desk systems - Access to NDBS Service Portal system for Application Support and Application Enhancement / Optimization requests.  Application Support - Troubleshooting and issue resolution - Incident Management is defined as the efforts NDBS will make in order to restore normal business operations (within the context of SAP Application Support) - End User Support  Application Enhancement - New development and reporting - 36 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 3 of 17 - New business processes - New organizational elements - Version upgrades  Reactive BASIS ("BASIS") Support Services - BASIS troubleshooting and issue resolution - Support for new BASIS initiatives - Research and suggest potential changes in an effort to resolve errors in the SAP basis system, operating system, or database. While NDBS will use commercially reasonable efforts to assist Client with BASIS issues, Client understands and agrees that the service levels specified in this AMS SOW shall not apply to BASIS issues supported under this AMS SOW. - BASIS Services such as installing support packages or legal change packages require sufficient scheduling and lead time. NDBS does not guarantee a turnaround time on scheduling BASIS Services and suggests scheduling these Services at least one month in advance. - Certain BASIS Services may require additional connectivity/access beyond what is available through SAP Graphic User Interface (GUI) (e.g., access to the operating system or database). Setup for additional connectivity is a billable activity and will consume hours based on actual hours used for setup and configuration. Any additional hardware, telecommunication and connectivity expenses are the responsibility of the Client. 2.2. Out of Scope Services The following types of activities are outside the scope of this AMS SOW and require a separate SOW :  Any system maintenance activities such as: monitoring log files, database growth monitoring, monitoring aborted transactions, job monitoring, and performance reporting  Data center facilities, IT infrastructure and associated hosting support and monitoring (Managed Cloud Services – Hosting)  Sarbanes Oxley (SOX) and Segregation of Duties (SOD) security and authorization remediation  Instructor led training courses For additional information regarding these additional billable services, please contact Michael Helman via e-mail at Michael.Helman@NTTData.com or at 416-303-7955. 2.3. Premium Services AMS Services that require consulting resources for any of the following components, functions and/or skills are considered Premium Services:  Advisory Services ("ADV")  Archiving (“ARCH”) - 37 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 4 of 17  BASIS  Business Intelligence Architect ("BIA")  Senior Business Planning and Consolidation ("Sr. BPC")  Business Planning and Consolidation Architect ("BPCA")  Business Planning and Consolidation Integration ("BPCI")  Business Planning and Consolidation Technical ("BPCT")  Business Objects Data Services ("BOBJD")  C/4 HANA Architect (“C/4 HANA”)  Customer Relationship Management ("CRM")  Environment Health and Safety ("EH&S")  Extended Warehouse Management ("EWM")  Fiori ("FIO")  GIB  Global Trade Services ("GTS")  Governance, Risk and Compliance ("GRC")  Integrated Business Planning (“IBP”)  iPI (includes it.approval, it.mds, it.smartscan) (“iPI”)  Master Data Management ("MDM")  Open Text (“OT”)  Open Text Architect (“OTA”)  Product Lifecycle Management ("PLM")  Project Management ("PRM")  SAP Analytics Cloud (“SAC”)  SAP Analytics Cloud Integration (“SACI”)  SAP Analytics Cloud Architect/Technical (“SACAT”)  ShipERP  Success Factors ("SF") 2.4. Work Estimates Client's submission of a ticket authorizes NDBS to perform work for up to four (4) Support Hours without further approval. If NDBS believes that a Client submitted request will exceed four (4) Support Hours, NDBS will seek Client's approval for the additional performance of such AMS Services. 2.5. Support Schedule NDBS will provide AMS Services for Client's SAP system as defined under the terms of this AMS SOW for a period of 36 months from January 1, 2022 to December 31, 2022 ("Term"). 2.6. Service Start NDBS requires up to thirty (30) days after this AMS SOW is signed to begin AMS Services to allow for Client setup and onboarding to the NDBS Service Portal. 2.7. Use of Foreign Resources By signing below, Client acknowledges it is acceptable for NDBS to utilize foreign resources. - 38 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 5 of 17 3. Fees and Expenses The fees under this AMS SOW are estimated to be $212,400 CAD, plus actual out of pocket expenses and taxes, as applicable, and are comprised of the following: 3.1. AMS Services Fees Client is purchasing approximately 1,800 Support Hours of Application Management Services based upon the AMS Rate Matrix & Estimated Delivery Mix set forth in the table below. The value of the estimated hours that Client is purchasing in this AMS SOW is $212,400 ("Baseline Value of Services"). Client will be invoiced a fixed monthly fee of $17,700 for every month of the Term for the Baseline Value of Services. (*Note: First invoice in January 2022 will be for $17,700). AMS Rate Matrix & Estimated Delivery Mix AMS Delivery Location / Type* Estimated AMS Hours (% of Total) Hourly Rate Estimated Delivery Value Standard AMS Services Senior* 25% $145 $65,250 Standard AMS Services Intermediate* 55% $125 $123,750 Global Delivery Center - India Functional and Technical 20% $60 $21,600 Global Delivery Center - India Premium (Basis C/4 HANA, FIO, GRC, iPI, ShipERP) 0 $80 $0 Global Delivery Center – (Germany) (Spain) 0 $220 $0 Services Total x (100%) $212,400 Premium Services** Tier 1: ARCH, GRC, OT, PS, SAC, Sr. BPC $195 Tier 2: BIA, BPCI, FIO, GIB, GTS, iPI, OTA, PRM***, SACI, SCM, SF, ShipERP $210 Tier 3: ADV, BOBJD, BPCA, BPCT, CRM, EWM, IBP, MDM, SACAT $225 Tier 4: EH&S, PLM $250 Tier 5: C/4 HANA $275 Estimated Delivery Blended Rate $118/hr. *AMS Services will be delivered by any of the NDBS or its NTT affiliates Global Delivery Centers as determined by NDBS. Service Delivery Management consumes Standard AMS Service Senior hours. **Premium rates apply to Premium Services. - 39 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 6 of 17 ***Any Client service requests that require a Project Charter mandates an appropriate level of Project Management (PRM). A Project Charter is a statement of scope, objectives, participants and responsibilities. An NDBS Service Delivery Manager will coordinate knowledge transition services which will be consumed against this AMS SOW on dates that are mutually agreed upon by the Client and NDBS. For the Services delivered under this AMS SOW, Dedicated resources are assumed to be full-time resources that invoice a minimum of 40 hours per week, excluding NDBS holidays and paid time off, for the contract term. Dedicated resources are assumed to be fully committed to the Client annually for the duration of this AMS SOW. If full-time commitment is not met then the hours will be consumed as part of the applicable AMS Standard Consulting Resource Pool rate (above). Requested adjustments to the dedicated role(s) must be made in writing by the Client 90 calendar days prior to a desired change. NDBS will make reasonable business efforts to accommodate the adjustments in the dedicated roles. In case of any NDBS resource resignation or termination, NDBS will provide written notification to Client within 3 business days of NDBS's decision or internal notification. NDBS will also provide a transition plan to provide continued service. Any and all concerns about delivery from NDBS should first be raised to the Service Delivery Manager for resolution. If, after reasonable attempts by both parties to remediate the situation, it is necessary to replace a resource, NDBS will ensure continued coverage during the transition using pool resources as needed until an appropriate dedicated resource is in place having completed defined knowledge transfer (See Section 3.4). Specific time in conducting Knowledge Transfer will not be billed, however, any value -added work on incidents or changes as part of knowledge transfer will be billed as per normal. Support Hours are consumed in half (1/2) hour increments for AMS Services actually performed for Client. Upon expiration of the Term NDBS will close out Client’s ticket access and the Services provided under this AMS SOW will terminate unless the Services are extended or renewed through a separate written agreement. If any Services are performed after the expiration of the AMS SOW but before the close out of Client’s ticket access the terms of the Agreement will govern any such Services. 3.2. Consumption of Support Hours NDBS will track Client's consumption of the Baseline Value of Services based upon the actual Services delivered to Client by each NDBS AMS Delivery Location including Premium Services ("Actual Usage") in accordance with the terms of this AMS SOW. On a semi-annual basis (on or about June 1, 2022 Client and NDBS will conduct a formal review of Client's Actual Usage in comparison to the Baseline expected rate consumption of the Baseline Value of Services and, if there is a substantive difference between the Actual - 40 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 7 of 17 Usage and Value of Services, the parties shall negotiate in good faith with a view toward modifying the remaining Value of Services. Client may decrease the remaining Value of Services by up to twenty percent (20%) or increase as needed. The remaining Value of Services is defined as the Value of Services yet to be invoiced. Any such decreases or increases will result in a new Baseline Value of Services ("Adjusted Value of Services") and will be made by executing an Amendment to this AMS SOW. Semi-annual Value True-Up  The parties agree that six (6) months after the start of Services and every six (6) months after that for the duration of the AMS SOW , actual consumption of the Value of Services shall be compared to the estimated consumption of the Value of Services as set forth in Section 3.1 of this AMS SOW . An overuse of the Value of Services equal to or in excess of one hundred thirty percent (130%) greater than the expected consumption as detailed in Section 3.1 of the AMS SOW shall be deemed an Overage. Upon such comparison, the parties agree to true-up any Overage as described in the example below.  For example, and illustrative purposes only:  “Usage”: Dividing the actual consumption of the Value of Services for the previous six (6) months by the expected consumption of the Value of Services for the previous six (6) months.  “Overage”: The Value of Client’s expected consumption for the previous six (6) months of Services was $10,000.00. Client’s actual consumption Value was $13,000.00. 13,000 divided by 10,000 is equal to 1.3, or when stated as a percentage, 130%. As $13,000.00 is equal to or above 130%, Client shall then be invoiced for the additional $3,000.00 Value.  “Underage”: The Value of Client’s expected consumption for the previous six (6) months of Services was $10,000.00. Client’s actual consumption Value was $5,000.00. Client will be billed the normal $10,000.00. The Underage of $5,000.00 will be applied to future months Overage until it has been consumed. In a subsequent six (6) month review, Client consumes $15,000.00 in Services, Client will be billed the normal $10,000.00 only as the $5,000.00 Underage from the previous review has been applied to the current six (6) month’s Overage review.  Any Overage shall be formalized by mutually executed Change Order between the parties.  Any Underage will be applied against future six (6) month review with the existing term of this AMS SOW .  The Value of Services shall be consumed according to the terms set forth in this AMS SOW . If or when Client's Actual Usage equals the Value of Services, NDBS will notify Client and Client may choose to (a) purchase additional Support Services at the hourly rates set forth in the AMS Rate Matrix by executing an Amendment to this AMS SOW or (b) execute a new Statement of Work for a fixed monthly fee with hourly rates agreed upon between Client and NDBS based on volume of additional hours and duration of the new Statement of Work , or (c) consume additional AMS Services requested by Client on a time and material basi s at - 41 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 8 of 17 the equivalent hourly rates for each Service Type based upon the AMS Rate Matrix & Estimated Delivery Mix table in Section 3.1. If within thirty (30) calendar days following NDBS notice, Client has not selected an option to address its consumption of the Support Hours, then NDBS will continue to provide the AMS Services in accordance with option (c) through the Term of this AMS SOW. 3.3. Services Shortfall If at the end of the Term, the Value of the Services is greater than the Actual Usage ("Service Shortfall"), then Client may: Receive a credit equal to the lesser of (i) the amount of the Service Shortfall or (ii) $21,240 (10% of Baseline Value of Services or Adjusted Value of Services) ("Credit"). The Credit may be applied against the aggregate fees payable to NDBS under a subsequent executed Statement of Work for Application Management Services entered into between Client and NDBS during the sixty (60) day period immediately following the expiration of this AMS SOW provided that such subsequent Statement of Work is valued at no less than $169,920 (80% of Value) (without giving effect to any of the credits or discounts contemplated in this Section of this AMS SOW ); and If and to the extent that the Ser vices Shortfall is in excess of the Credit ("Remaining Value"), Client may acquire the Remaining Value at a cost of thirty percent (30%) of the Remaining Value and then use the Remaining Value by executing a subsequent Application Management Services Statement of Work between Client and NDBS during the sixty (60) day period immediately following expiration of this AMS SOW. For example and illustrative purposes only, in a contract with a Value of Services (Baseline or Adjusted) equal to $300,000, if the Services Shortfall is $40,000 then Client will receive a $30,000 Credit and Client can acquire the Remaining Value of $10,000 for $3,000. Client shall lose any Services Shortfall that is not carried over in a subsequent Statement of Work for Application Management Services upon expiration of this AMS SOW. Upon expiration of the Term, the Services provided under this AMS SOW will immediately terminate in their entirety unless (i) the Services are extended or renewed through a separate written agreement or (ii) the parties are actively engaged in good faith negotiations to extend or renew the Services in which case the Agreement will continue to govern the Services provided after the expiration of the Term. Upon execution of a subsequent Statement of Work for the extension or renew the Services, any Services performed after expiration of the Term will be transferred to and governed by the subsequent Statement of Work. If the parties fail to execute a subsequent SOW for an extension or renew within thirty (30) days after the expiration of the Term, NDBS may immediately terminate the Services performed under this AMS SOW by providing written notice to Client. 3.4. Transition Services - 42 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 9 of 17 Transition Services (as defined in "Scope of Services Section) will be billed on a time and materials basis during the agreed upon Transition Services period. The Transition Services period is planned for December 2021. Fees for transition will be covered in a separate SOW executed in December 2021. 3.5. Services Summary Services Summary Service Type One-Time Fee Monthly Fee Estimated T&M Fees Estimated Total Fees Transition Services AMS Services $17,700 $212,400 Service Desk Provisioning Fee $0 0 0 ESTIMATED TOTAL: $0 17,700 $0 $212,400* *Excluding expenses and taxes, if any. 3.6. On-Call / After Hours AMS Services On -Call and After Hours AMS Services,* such as planned weekend support performed by NDBS at Client's request, will be consumed at a rate of 1.5 hours for every hour of Services performed. A minimum of four (4) hours will be incurred for any Client On -Call / After Hours AMS Services request. For example and illustrative purposes only: If On-Call / After Hours for Standard AMS Services - is $160, then $160 x 1.5 (After Hours Multiplier) = $240. If On-Call / After Hours for Tier 1 Premium Services is co nsumed at $195, then $195 x 1.5 (After Hours Services) = $292.50. *Further defined in the "Help Desk Operations and Client Responsibilities" Section. 3.7. Travel and Out of Pocket Expenses Expenses will be invoiced at actual cost (except for agreed upon per diem amounts) in accordance with the terms specified in the Agreement. - 43 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 10 of 17 Client will be invoiced for expenses incurred as a result of NDBS resources traveling to Client sites, or other locations, at the request of Client. NDBS will invoice Client for the usual and customary travel expenses on monthly invoices. Client will be responsible for the following typical expenses:  Airfare related to AMS Services work.  If international travel is required, the cost of attorney fees and governmental fees associated with visa/work permits.  Background check expense if requested by Client and specified in the Agreement.  Communication (Phone and Internet) charges in case of international travel at actual cost.  Lodging accommodations of clean and safe nature.  Local transportation in the form of rental car, taxi cab, or other mass transit.  Meals and ancillary items based on per diem for the local travel area.  Reasonable business/AMS Services related expenses.  Local tolls.  Mileage based on the current IRS rate for consultants that can drive to Client site instead of flying.  Meals above per diem if involving a team meeting or team building event.  If AMS Services work requires more than five (5) consecutive days on Client site, reasonable dry cleaning or laundry bills. NDBS will use commercially reasonable efforts to assist Client to control and minimize expenses. To help control consultants' expenses, NDBS suggests the following:  Client and NDBS provide each other with sufficient advance notice of their respective requirements so NDBS can arrange for less expensive flights.  Client and NDBS plan travel to remote sites to avoid unnecessary visits.  Client will utilize a meal per diem for the consultants. US meal per diems are defined by the US General Services Administration and are found at http://www.gsa.gov/perdiem/. International meal per diems are defined by the US Department of State and are found at https://aoprals.state.gov/. 3.8. Early Termination Should Client wish to terminate this AMS SOW prior to December 31, 2022, Client shall provide sixty (60) days advanced written notice to NDBS that specifies the date of termination and the Client can terminate this AMS SOW. During the 60 days advance notice period, Client will be responsible for the fixed monthly fee specified in Section 3.1 above. Should Client wish to terminate this AMS SOW with less than 60 days advanced written notice, Client shall pay an early termination fee equal to 25% of the remaining Value of Services (Baseline or Adjusted) as of the date of termination. If the sum of the Monthly Value of Services (Baseline or Adjusted) actually consumed by Client prior to the termination date is greater than the sum of the Monthly Value of Services (Baseline or Adjusted) invoiced to Client as of the termination date, NDBS will invoice Client for the excess value in accordance with the rates listed in the above AMS Rate Matrix. - 44 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 11 of 17 Payment for AMS Services perf ormed in excess of the Value of Services (Baseline or Adjusted) invoiced is due on or before the termination date of this AMS SOW. As of the termination date specified in Client's written notice or upon expiration of this AMS SOW , NDBS will no longer have any obligation to perform Services listed in this AMS SOW for Client, Client will have no further obligation to pay NDBS for the Monthly or Total Value of Services (Baseline or Adjusted), and this AMS SOW shall automatically terminate in its entirety. 4. Service Delivery Manager Role and Responsibilities NDBS will assign an overall Delivery Manager responsible for overseeing aspects of the account. The following table describes but does not limit mutually agreed Delivery Manager responsibilities: Delivery Manager Responsibilities Service Delivery Manager (SDM) Daily Operational Management Manage customer satisfaction Yes Manage adherence to the contract Yes Coordinate NDBS resources from various delivery centers for assigned work Yes Lead periodic status meetings Yes Manage service level attainment Yes Measure actual fees against estimated fees Yes Assist in aligning Client's IT & business priorities Yes Allocate IT resources to appropriate initiatives Yes Serve as overall program manager for multiple NDBS services and projects Optional Continual Improvement Identify areas to improve Client's SAP system Yes Identify areas to improve operational process Yes Evaluate accuracy of estimates Yes Help identify and reduce re-work due to unclear or incomplete Client requests Yes Provide or leverage NDBS resources for business process improvements Optional Service Review & Reporting Lead periodic service performance reviews Monthly & Quarterly Provide service consumption reporting Standard/Custom Provide service performance reporting Standard/Custom SAP Service Consulting Assist in evaluating initiatives and priorities based on Client's business imperatives and expected return on investment Yes Advise on optimal sequence of efforts based on Client's initiative dependencies Yes Help consolidate multiple opportunities / initiatives into common projects Yes Estimate related investments and enable good fiscal planning Yes Recommend solutions to Client's challenges or opportunities Optional Leverage NDBS resources to help Client achieve objectives Optional - 45 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 12 of 17 5. Help Desk Operations and Client Responsibilities 5.1. Help Desk Operating Hours NDBS accepts notification of Client's need for AMS Services via a message sent to the NDBS Service Portal during Normal Operating Hours. The Application Management Services Center's Normal Operating Hours are shown in the table below: Operating Hours Service Center Location Hours of Coverage Description Canada ** 8x5 (9 AM – 5 PM EST) Eight (8) hours per day, five (5) days per week, Monday – Friday * IN (India) 9x5 (1 PM – 10 PM IST) (2:30 AM – 11:30 AM EST) Nine (9) hours per day, five (5) days per week, Monday – Friday * *Excludes published NDBS holidays (Appendix A). **Includes Service Desk operating hours After Hours (times outside of the Normal Operating Hours for Canada) notification is available for Priority Very High (1) messages only and should be made via the US toll free number 866.itell.help (866.483.5543). 5.2. Client Responsibilities The AMS Services to be provided pursuant to this AMS SOW require and are dependent upon Client's cooperation and fulfillment of its responsibilities. In addition to Client's responsibilities described elsewhere in this AMS SOW, Client agrees to: - Appoint a Client Account Manager (described below) before the commencement of AMS Services who will be Client's primary point of contact in working with NDBS and will have the authority and power to make decisions with respect to any action to be taken by Client under this AMS SOW. - Provide to NDBS a list of key users including name, function, phone number, fax number and email address within fifteen (15) days of the Effective Date of this AMS SOW. - Provide authorized NDBS personnel with the access required for NDBS to support Client in its SAP environments within fifteen (15) days of the Effective Date of this AMS SOW. - Provide NDBS all available and reasonable documentation of its business processes and interfaces in order for NDBS to perform its AMS Services under this AMS SOW. - Allow NDBS to assess Client's documentation of its business processes and interfaces during the Transition Services and work with NDBS to agree on a remediation plan i f NDBS determines that Client's documentation is insufficient for the purpose of the AMS Services. - Provide test scenarios, review test results and to sign off on all testing of new functionality prior to promoting the new functionality to the production environment. Once Client has completed sufficient testing of the required changes to be promoted to the production environment, Client will update the status of the incident and the change management - 46 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 13 of 17 process can commence. Client users must validate testing results prior to changes being promoted to the production environment. - If needed, NDBS will have reasonable access to Client's technical or business personnel to assist in resolving incidents. - If requested, the Client Account Manager will designate a Client owner who is empowered to certify that the proposed solution is acceptable and who can approve the implementation of the solution. - Client shall cooperate with NDBS, as reasonably requested, to allow NDBS to comply with all immigration and other related human resources laws, regulations and policies, including posting notices at Client's work site. - Client shall keep current all software and maintenance fees to third party application where NDBS is responsible for AMS Services. - In the event of Very High (1) Incident, the Client will make available appropriate resources within 1 hour of notification of the Client Account Manager. Client will keep the resource(s) engaged for the duration of the Incident until the issue is closed or a suitable workaround is implemented. - The Client is also responsible for evaluating a message and working jointly with the AMS Services personnel to assign a priority that is consistent with the definitions provided in this AMS SOW. Account Management (Client) Client shall appoint a Client Account Manager in connection with this AMS SOW. The Client Account Manager's responsibilities related to the AMS Services consist of: - Coordinating Client's personnel and responsibilities under this AMS SOW - Serving as the interface between NDBS, Client's departments and Client's partners - Participating in status meetings - Helping resolve and escalate issues within Client's organization, as necessary - Reviewing with NDBS any Client invoice or billing requirements related to this AMS SOW - Reviewing and approving any changes in-scope which cause schedule or price changes Escalation Procedure If a quality or performance issue arises in relation to the AMS Services provided under this AMS SOW the Client Account Manager will report the issue, in writing, to the NDBS Delivery Manager. The NDBS Delivery Manager and Client Account Manager will promptly work together in good faith to resolve the reported issue. If further escalation of the situation is required, it shall follow the below escalation path: Escalation Path NDBS Client Service Delivery Manager Director, IT Applications Director of AMS Director, IT Applications Managing Director Canada VP, Finance/IT 6. Service Levels - 47 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 14 of 17 6.1. Messages Reported During Normal Operating Hours Client will report messages to NDBS and assign a priority level based on the impact to Client's business and in accordance with the definitions for message priority as defined below. PRIORITY: VERY HIGH (1) Critical restrictions in day -to-day operations are encountered. Critical tasks, especially time- critical jobs, cannot be performed due to total system shutdown or a malfunction in a main function of the production SAP system. Example: Production system down, cannot ship product, cannot invoice customers, etc. PRIORITY: HIGH (2) Serious restrictions in day -to-day operations are encountered. Necessary tasks cannot be performed. This is due to a malfunction or failed function in the SAP system that is urgently required in the current situation. Example: Cannot run MRP, cannot generate business critical reports, pricing is incorrect but manual price override is available, etc. PRIORITY: MEDIUM (3) Restrictions in day -to-day operations are encountered. This is caused by a malfunction or failed functionality in the system. PRIORITY: LOW (4) Day -to-day operations are affected in a minor fashion. This is caused by a malfunction or failed functionality in the system that is not used daily or is only used rarely. Upon NDBS's receipt of the initial message, the priority of the message will be determined jointly by the Client and the AMS Services personnel using the priority definitions set forth above. NDBS will contact the appropriate Client message owner or responsible person within the Initial Response Time for a given message Priority Level in accordance with the table specified below. For messages reported during Normal Operating Hours for the Application Management Services Center, NDBS will comply with the following service levels: Service Levels Priority Level Initial Response Time Very High (1) Within 2 hours High (2) Within 4 hours Medium (3) Within 1 day Low (4) Within 2 days After meeting the Initial Response Times specified in the table above, NDBS will use commercially reasonable efforts to resolve and close messages. NDBS makes no representation or guarantee regarding the length of time it takes to resolve a message. - 48 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 15 of 17 PRIORITY: VERY HIGH (1) MESSAGES In the event that Client experiences a Priority Very High (1) After Hours, Client should report the matter to NDBS via the toll free number 866.itell.help (866.483.5543) and NDBS will then use commercially reasonable efforts to respond to an After Hours Pr iority Very High (1) message within the Initial Response Time specified in the table above, however, the service level does not apply to After Hours. At the direction of a Client representative, NDBS will work with Client to resolve a Priority Very High (1) message without first classifying whether the Services required to resolve the matter are within the scope of AMS Services provided under this AMS SOW. Since NDBS will perform these Services under the direction and approval of the Client, the Client agr ees to compensate NDBS for each hour worked in accordance with the "Fees" Section in this AMS SOW even if the work performed by NDBS could be deemed outside the scope of this AMS SOW. 6.2. Messages Reported After Hours For the purpose of the service levels in the table above, any notification or message sent to the Online Helpdesk during After Hours, shall be deemed to be received at the opening of the following business day (Monday through Friday, excluding published ND BS holidays). - 49 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 16 of 17 NTT DATA BUSINESS SO LUTIONS INC. STATEMENT OF WORK SIGNATURE PAGE Please indicate your agreement by signing below and returning this Statement of Work in its entirety to NDBS, no later than thirty (30) days from the Effective Date. APPROVED: NTT DATA BUSINESS SOLUTIONS INC. Two (2) signatures required on behalf of NDBS. AGREED: THE CORPORATION OF THE CITY OF PICKERING One (1) signature required on behalf of Client. By: By: Name (Print): Name (Print): Title: Title: Date: Date: - 50 - PO Box 304, 2215 Steeles Ave W PO ▪ Toronto, Ontario M3J 0J2 ▪ NDBS CONFIDENTIAL INFORMATION Std AMS Global Value Based FX SOW Template Rev 20210413 AE: Russell Less Preparer: Michael Helman Page 17 of 17 APPENDIX A PUBLISHED NDBS HOLIDAYS NDBS Canada recognizes ten (10) holidays yearly:  New Year's Day  Family Day  Good Friday (Easter)  Victoria Day  Canada Day  Civic Holiday (First Monday in August)  Labor Day  Thanksgiving Day  Christmas Day  Boxing Day NDBS India recognizes twelve (12) holidays yearly:  New Year's Day  Sankranthi / Pongal  Republic Day  Holi  Ugadi  Id-ul-Fitr (Ramzan*)  Independence Day  Ganesh Chaturdi  Gandhi Jayanthi  Dussehra  Diwali  Christmas *Ramzan date will be based on the sighting of the moon. Note: Holidays are subject to change. - 51 - Report to Executive Committee Report Number: OPS 01-22 Date: January 10, 2022 From: Brian Duffield Director, Operations Subject: Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay -Review of Results of 2021 Pilot Project -File: A-1440 Recommendation: 1.That Council receive report OPS 01-22 from the Director, Operations regarding the mechanical harvesting of Eurasian watermilfoil weeds in Frenchman’s Bay 2021 pilot project for information; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: On March 22, 2021, Council approved the 2021 Current Budget which included funding for a pilot project to remove invasive weeds from Frenchman’s Bay to enhance opportunities for recreational water activities. A pilot project for mechanical harvesting of Eurasian watermilfoil weeds in Frenchman’s Bay in the amount of $50,000.00 was included and approved in the Public Works’ Property Maintenance budget (2132.2482.0000). Pickering Harbour Company Ltd. (PHC) is the owner of the lands under the south end of Frenchman’s Bay (the waterbed) and has the rights through a Federal Charter to operate a marina. PHC has obligations to maintain the water column, and they cut weeds annually to allow for safe navigation of watercraft between the marina and the breakwaters leading to Lake Ontario. On June 8, 2021, the City submitted a Request to Review to Fisheries and Oceans Canada and received a Letter of Advice (LOA) on July 12, 2021 indicating that weed harvesting on Frenchman’s Bay could take place between July 16 and September 14 and that removal should only be undertaken in the top half of the water column. Shortly thereafter, negotiations with Ontario Power Generation (OPG) commenced to sub-contract their weed harvester that OPG uses to control weeds around the Nuclear facilities water intakes. OPG advised that they could start weed harvesting work on August 9, 2021. On July 16, 2021, PHC advised the City in writing that by the Charter of 1853, prior to Confederation, Frenchman’s Bay’s waterbed and lands are owned and operated exclusively by PHC and are under their care and control. PHC advised the City that they would not allow OPG to undertake the work on their property and that they had an existing contract with a vendor to provide weed control in the bay. City staff entered into negotiations with PHC directly for them to deliver the weed removal pilot project in areas that PHC would not normally cut as they are - 52 - OPS 01-22 January 10, 2021 Subject: Mechanical Harvesting of Eurasian Watermilfoil Weeds Page 2 in Frenchman’s Bay outside of the area used for marina purposes. Negotiations were completed by August 19, 2021 and PHC agreed to a $50,000.00 lump sum fee in return for 1.92 hectares (4.75 acres) of the bay being cut and the weeds to be emaciated as part of the harvesting process. It should be noted that the City’s action and corresponding financial investment in this project also benefits PHC and its customers by enhancing the functionality and mobility of watercraft that use Frenchman’s Bay. Work commenced on August 31, 2021, later than previously planned and agreed upon, with PHC using a different vendor and a harvesting method that did not include emaciation of the cut weeds. The weed harvesting work was delayed by equipment breakdowns and was eventually completed on September 24, 2021. The harvester contractors had a total of 27.50 hours of on water operations to cut weeds in the designated areas. It should be noted that the start and end dates of the weed harvester were outside the dates noted by Fisheries and Oceans Canada. Discussion: On an annual basis, PHC completes weed harvesting, without weed removal, around the docks of Frenchman’s Bay Marina, Frenchman’s Bay Yacht Club, and a channel linking the two to the harbour entrance breakwaters. The harvesting is normally undertaken twice during the growing season but may be completed up to five times per season if lower water levels accelerate weed growth. In 2021, PHC was contracted by the City to undertake the pilot project for the mechanical harvesting of Eurasian watermilfoil weeds in areas of Frenchman’s Bay outside of the area that PHC harvests, after PHC advised of their sole source agreement with their harvesting subcontractor. PHC has advised that they have special powers relating to ownership and management of Frenchman’s Bay, as provided in a Federal Act of 1853, making it a Special Act Corporation. PHC provided a schedule indicating harvesting work on behalf of the City would be undertaken over an 18 day period of on water cutting. The extent of the harvesting work completed did not necessarily address the needs of the significant number of residents and visitors to the City that launch small personal pleasure crafts such as canoes, dragon boats, kayaks, paddleboards, and paddle boats. On water Quality Assurance (Q/A) inspections were undertaken by City staff on October 27, 2021. During the Q/A inspections, PHC advised that many of the visible weeds were due to re-growth during the time between cutting and inspection. Staff also recorded GPS referencing during the on water inspection allowing staff to clearly identify the extent of cutting that was achieved during the pilot project. Having determined the extend of cutting achieved, it must be noted that it was difficult to determine the depth of cut achieved in relation to the proposed cut depth of between one to two metres. There was also inconsistent coverage between adjacent passes of the weed harvester as shown in Attachment 2 (figure 4 on page 12). City staff were advised that a significant area of the planned northern limit cut on the west side of Frenchman’s Bay, adjacent to Bruce Handscomb Memorial Park, was not cut due to insufficient depth to operate the equipment (18 inches minimum depth). PHC provided a GPS document to the City indicating that a total of 6.42 acres was cut. It is important to note that this pilot project was intended for the betterment of canoeists, kayakers, and other paddle boaters who would place much higher value on in-shore cutting for improved ingress/egress and recreational small craft usage. Water depth at time of harvesting will affect the operator’s ability to cut close to the shoreline. - 53 - OPS 01-22 January 10, 2021 Subject: Mechanical Harvesting of Eurasian Watermilfoil Weeds Page 3 in Frenchman’s Bay The results of the pilot project were inconclusive as the weed cutting started too late in the season, allowing no assessment on weed regrowth levels. A drone video showing the areas of Frenchman’s Bay before and after cutting was also inconclusive due to the late completion of the pilot; and, much of the absence of weed was due to seasonal weed die back. Staff are recommending a repeat of the pilot project and to start as early as allowed by Fisheries and Oceans Canada. This will allow City staff to determine if a second cut is required to maintain weed control during the season. Based on feedback from bay users, staff will explore the opportunity to cut weeds closer to the shore line and locations that would provide a path of travel from a launch point to the weed free areas of the bay. Staff are therefore recommending the inclusion of $50,000.00 in the 2022 Current budget to repeat the pilot project in accordance with the conditions stated above. Attachments: 1. PHC Quote dated August 31, 2021 2. PHC 2021 Weed Cutting Pilot Project Report Prepared By: Original Signed By: Brian Duffield Director, Operations Approved/Endorsed By: Original Signed By: Richard Holborn, P. Eng. Director, Engineering Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasure BD:nm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer - 54 - Executive Offices 591 LIVERPOOL ROAD PICKERING, ONTARIO L 1 W 1R1Associate Company Telephone (905) 839-5036 FRENCHMAN'S BAY HARBOUR Fax(905)839-4380& MARINE SERVICE CO. LIMITED Attachment #1 to Report OPS 01-22 info@frenchmansbaymarina.com QUOTE FOR WEED CUTTING PILOT PROJECT IN FRENCHMAN'S BAY REVISION #2 AUGUST 31, 2021 To: The City of Pickering One The Esplanade S. Pickering, ON LIV 6K7 PILOT PROJECT GOALS To create navigable corridors or channels in Frenchman's Bay for The City of Pickering residents , and the general public, to better use the Bay for recreational boating during the 2021 season. This will involve cutting through aquatic weed beds that are an obstruction to navigation. PHC also wishes to establish a collaborative working relationship between ourselves and City of Pickering, in a manner that best serves our respective interests , inclusive of public enjoyment of the Bay. DESCRIPTION OF SERVICES TO BE PERFORMED Pickering Harbour Company Ltd. (PHC) will be sub-contracting Richardson Workboats Inc. to perform weed cutting in Frenchman ' s Bay , as a pilot project for The City of Pickering in 2021. This work will be carried out under the authority of PH C ' s special powers, relating to ownership and management of Frenchman 's Bay , as provided in a Federal Act of 1853, making it a Special Act Corporation . The city solicitor obtained a copy of this Special Act documentation in the early ?O 's. Please be advised that this work will be done under the advisement of the Environmental Consultant firm of Tarandus Associates Limited, paying strict attention to the various provincial and federal agencies requirements and advisements regarding the protection of fish and fish habitat. Tarandus Associates Limited has also advised that the emulsification used by our Vendor of Record , Richardson Workboats Inc. will not lead to any significant increase in the propagation of the nuisance aquatic plants . - 55 - The work will be can-ied out using an IMS WeedMaster Cutterhead and will be conducted outside of the Ontario Restricted Activity timing window for the protection of fish and fish habitat , and will be concluded no later than September 30 , 2021. The purpose of this pilot project is to remove the top 1.0 to 1.5 m of the vegetation that is impacting the navigational chmmels m1d recreational areas of Frenchman 's Bay. Subject to water depth, the presence of obstacles located on the waterbed , and /or time/budget/weather constraints, the depth of the cut will be increased to 2 metre s or more . The bottom of the bay will not be disturbed and submergent vegetation will remain intact. The WeedMaster will be using a cutting tool that will mulch the cuttings , whereby the y will be dropping to the bottom of the bay. Therefore no off-site disposal of weeds will be require d. PH C ass umes all risks related to the cost variances that could negatively impact this budget , including for example: inclement weather, equipment failure or any other unforeseen service interruptions. The project will also include a pre -launch, on-site meeting between PHC staff and City staff to review the project plan and discuss any specific details which could require confirmation or clarification. The location of the actual weed cutting will be recorded by Richardson Workboats Inc., using the company's Trimble GeoExplorer technology m1d will be submitted to City personnel upon completion of the cutting . City staff will be welcome to monitor and inspect the harvesting process and inspect the final result using a workboat provided by PHC , subject to coordinating this process with PHC staff in advance. The proposed areas to be cut are as follows: • For Bruce Hanscombe Memorial Park (West)-Commencing as close to the shore as possible , from the tree line that divides Essa Crescent and Elvira Collli in the north and extending south to Mink Street, where it meets Breezy Drive (i.e. joining up with the existing cut zone in the navigable channel that provides ingress and egress to Frenchn1an 's Bay Yacht Club to and from the harbour entrance). We are proposing to cut an area of 560m in length x 20m wide , which is approximately 11 ,200 sq m • For Progress Frenchmans Bay East Park (East) -Commencing from Commerce Street in the north , and extending south to join up with the navigational channel area that has already been harvested leading from the Frenclunan's Bay Marina to the harbour entrance. We are proposing to cut an area of 400m in length x 20m wide , which is approximately 8,000 sq m. Within the hash-marked area triangle, we will cut .3 acres to a depth of 1 to 1.5 metres. If we are able to increase the above-mentioned cut m·eas , we will. This decision is at the sole discretion of PHC and is dependant upon the smne constraints that apply to the depth of the cuts. This is the area that the City staff have prioritized as the most impo1iant harvest zone beyond the solid harvest corridor marked in yellow on the project map attached. • A map is attached to this quote that shows the navigational channels already cut by Richardson Workboats Inc., as well as the areas cut around PHC 's mm·ina slips. • A site meeting will take place at PHC Marina and related harbour locations on Tuesday A ugust 17 , 2021 commencing at 7:30 am. PHC will develop a work-back schedule over the next 10 days . - 56 - • Upon completion, PHC will provide The City of Pickering with a completed report, outlining all of the areas cut and the depths at which they were cut. This report will also recommend best practices gleaned from this pilot project for future weed harvesting. PHC requests that there be a post-project in -person review with the san1e City personnel that have participated in this negotiation. This is a fixed cost quotation* in the amount of $44,050.00 + $5,726.50 (HST)= $49,776.50. * PHC is committed to completing the entire project by September 30, 2021. If there are any delays beyond our control; i.e. weather, debris in the bay, etc. that delay completion beyond September 30 , the final cost will be pro-rated to the actual area of weeds that have been cut. In this instance PHC will be afforded the latitude to discuss completion of the full 5 acres within the first 15 days of October 2021 , to achieve the full cut quota noted for full compensation. AMENDMENT RE AQUATIC WEED HARVESTING METHODOLOGY PHC will be using the weed cutting equipment as specified in the original proposal to cut the designated cut zones. As Stephen Richardson is awaiting paiis for an equipment repair that occurred just prior to commencing this work, PHC has elected to engage a second weed harvesting contractor to commence work immediately ; rather than be delayed until Stephen Richardson receives the replacement parts. Due to the urgency on the city's part to begin this work as quickly as possible, PHC felt this was the prudent alternative rather than delaying the harvesting process until after Labour Day. This solution will clear some of the weeds in the designated cut area prior to the Labour Day weekend to the benefit of local residents with small watercraft. This alternative weed harvester (Aqua Master) will haul the cut weeds to a designated area in the bay which will be subsequently emulsified by Stephen Richai·dson's equipment (Weed Harvester) using the cutting methodology originally specified in the proposal. Stephen Richardson will then complete the full five acre cut using the technology specified in the original proposal. 41¢/ffe Harold Hough Managing Direct Pickering Harbour Company Ltd. - 57 - 1 | P a g e Attachment #2 to Report OPS 01-22 Report Re: Weed Cutting Trial Project in Frenchman’s Bay for 2021 Executive Overview The Board and Management of the Pickering Harbour Company (PHC) welcomes the initiative taken by the City of Pickering to fund this pilot weed harvesting project in Frenchman’s Bay. The proliferation of dense week growth throughout the Bay has had a catastrophic impact on the use of Frenchman’s Bay, both in terms of its environmental health and its value as a recreational resource for the residents of Pickering. The dense weed population prevents safe navigation by watercraft anywhere in the Bay, with the exception of the navigation channels dredged by PHC. This weed infestation is the direct result of stormwater and catchment practices managed by the City of Pickering over several decades, much of which is well documented through evidenced-based academic research studies and media reports. It is the hope of PHC Management that this trial harvesting initiative by the City will spawn a strategic effort to reverse the environmental damage done to the Bay; restoring the Bay to its vital role as a focal point for recreational, lifestyle and commercial activity. To this end this report distills out the most salient observations, findings and recommendations generated through this pilot project to realize this outcome. Of greatest importance, the extensive presence and rapid regrowth of weeds throughout the Bay severely restricts and/or eliminates recreational use of the Bay by boaters and presents serious safety concerns for anyone attempting to use the Bay for recreational purposes. This weed infestation is harming the Bay ecologically, endangering the lives of those who venture on to the Bay and preventing any meaningful recreational use thereof. This pilot project has demonstrated that: •It is essential to cut at least 160+acres of the Bay to provide a meaningful improvement in access for recreational usage. •Eliminating this weed infestation through weed harvesting methods will cost the city of Pickering over $1.9M+ per year, in perpetuity. •There are better strategic long-term solutions to eliminating/minimizing the weed problem that need to be discussed in preparation for the 2022 season. •The Bay can serve as a highly valued driver of economic development for Pickering if the weed infestation is addressed with strategic foresight, sound environmental practices and a vision for the true potential of this natural resource. - 58 - 2 | P a g e While short term recommendations focus on ways to improve the efficacy of the harvesting process, this report strongly recommends that there are alterative, systemic solutions that will either eliminate or minimize the need to harvest weeds, thereby reducing the cost and restoring the Bay to its full potential. We appreciate the opportunity to work with City staff on this initiative and genuinely hope that this project marks the beginning of the Bay’s restoration. With respect Barry Pettit, M.Ed. Harold Hough President Managing Director Pickering Harbour Company Pickering Harbour Company - 59 - 3 | P a g e Project Objectives • To create navigable corridors aligned with the East and West shore of Frenchman’s Bay that enable local boaters to launch their watercraft from the Progress Frenchman’s Bay East Park and Bruce Handscomb Memorial Parks and reach the East/West navigation channel that connects the Bay to Lake Ontario. • Gather information that will advise City staff relevant to repeating/expanding this project in subsequent years. The Need • The need for this intervention/pilot project centers on the reality that heavy weed growth is choking the Bay. The Bay is in fact becoming a giant, 195+ acre weed farm, with the exception of navigation channels, which Pickering Harbour Company has dredged. Sailboats, flat water craft and power boats all find it impossible to use the Bay outside of the limited navigation zones. Please see the quotation from Messrs. Dixon and Murray, expressing this need. • In addition to the navigational impediment which this weed forest creates for any kind of water craft, this situation endangers the public by: o Limiting the ability of rescue watercraft from reaching boaters o Entangling swimmers/boaters who inadvertently find themselves overboard o Damaging the engines and propellers of any powered craft Quotation from Glen Dixon, Commodore of the Frenchman’s Bay Yacht Club “I've been involved in various attempts to control the weeds on Frenchman's Bay for over 10 years now, from when they first started to be an issue. In that time, we've gone from a fairly clear bay where it was actually possible for sailboats to race inside the harbour, to a body of water that in peak season is 90% choked off. I want to make sure Council understands that whatever tactic or solution is chosen to tackle the problem, from this day forward it becomes an ongoing solution. There doesn't seem to be an easy way (short of mass chemical exposure) to eradicate the problem, so we will always be treating the situation. These weeds grow back some 6" per day! Our experience is that a 4' cut provides temporary relief, but in approx. 6 weeks the area treated is again choked off. I don't know if that's due to the limited cutting and spraying we have been able to do, or if it's simply because the nature of the weed is to propagate and spread, but 6 weeks is the maximum we've seen until the problem is again unbearable. - 60 - 4 | P a g e Going forward, efforts will have to be made to conduct 2 minimum, and 3 hopefully, cuts from July through September to keep the bay useable, and this will have to be maintained year over year. There is no short term fix without massive dredging or chemical treatment to get to the roots. However, without something being done soon, someone is going to be hurt. This summer, 3 of our members had to rush to the aid of canoeists at the north end who had fallen out of their boat and were caught in weeds. Multiple times boats had their engines plugged with weeds and they simply drifted deeper until hopelessly stuck. Dragon boats and kayaks train and practice in the Yacht Clubs only channel out to the bay, which we pay to maintain, and refuse to move out of the way regardless of the danger they are putting powered boats into by having to move outside the channel to avoid a collision. We were told early in 2021 that monies were in place to begin a clearing project. Photo ops were certainly taken with Council members about the weed cutting project that was about to begin, yet all I saw was some pilot cutting.” - 61 - 5 | P a g e Letter from Scott Murray, President Alkame Dragon Boat Services Dear Pickering Harbour Company, Frenchman’s Bay is in peril. Our paddling community is devastated at the current state of Frenchman’s Bay. We must do something to save this jewel of the paddling community and we must act soon. We are aware the solution is going to take time and resources and we are here to advocate and support those solutions in every way we can. For the past 20 years, our organizations have specialized in providing world-class dragon boat services to individuals and groups in Durham Region, The Greater Toronto Area, Ontario, Canada and beyond. Evidence of our success toward this goal includes providing a safe and healthy recreational on-water experience to hundreds of participants every year, becoming one of the most successful dragon boat clubs in the world and by receiving The Key to The City. The health of Frenchman’s Bay has been central to the enjoyment and success so many have had during this time. Eurasian Watermilfoil first started to impact our paddling experiences in 2012, leading to the 2013 Pickering Dragon Boat Festival being relocated to Marilyn Bell Park in Toronto due to concerns over race course quality, and a loss of tourism opportunity for the local Pickering community. We have been fortunate to host this event in Pickering ever since only because it is early enough in the racing calendar (first weekend in June). Any later date and this event would be impossible due to weed growth. - 62 - 6 | P a g e The most recent Pickering Dragon Boat Festival was hosted in June 2019 due to Covid-19 and since that time Frenchman’s Bay has deteriorated rapidly. It has reached the point in which no recreational watercrafts can safely enjoy paddling in the Bay. The northern 70% of Frenchman’s Bay is covered with weeds and unnavigable. The channel created and designed for sailboat passage from Frenchman’s Bay Yacht Club to Lake Ontario is the only portion of Frenchman’s Bay in which dragon boats (or any sport or pleasure craft) can navigate. This has created additional danger as many vessels must pass each other in a very narrow course. To describe in words the challenges of paddling on Frenchman’s Bay is futile. One must see photos to properly grasp the scope of the issue. I can’t properly describe the impact this has had on our paddling community. From introducing new members to sustaining fun and enjoyment of existing members to our reputation in the larger community, Pickering is now known more for weeds than its accomplishments and positive community contributions. The Pickering Dragon Boat Club and Alkame Dragon Boat Services passionately support any and every investment of resources towards the saving of Frenchman’s Bay. Sincerely, Scott Murray President, Head Coach, Alkame Dragon Boat Services Pickering Dragon Boat Club 416-561-9089 416-561-9089 scott.murray@alkame.ca scott.murray@pdbc.ca - 63 - 7 | P a g e Methodology • PHC was contracted by The City of Pickering to cut the top portion of the weeds within the designated 5-acre area as shown in Figure 3, inclusive of two cut zones located in close proximity to Progress Frenchman’s Bay East Park and Bruce Handscomb Memorial Park. • The depth of this cut was to range from a minimum of 1 to 1.5 metres, subject to depth and obstacle restrictions. • The method of harvesting recommended by PHC was the IMS WeedMaster Cutterhead, which emulsifies the weed cuttings (pictured to the right) vs. the AquaMaster weed cutting equipment. The AquaMaster clips the weeds using serrated blades, the weeds then drop onto a conveyor and are stored for disposal, followed by the necessary deposit of the weed cuttings at a location that will require the weeds to be trucked to an appropriate disposal location. Figure 1: WeedMaster Harvester being launched into Frenchman’s Bay by PHC - 64 - 8 | P a g e Figure 2: Stephen Richardson at the helm of the WeedMaster, accompanied by Rob Burlie, P. Eng., Manager, Public Works • The cut area was modified, as requested by City staff, and is reflected in the actual GPS pictorial view of this final cut zone. See Figure 2 for a map illustrating these zones. Shallow water depth (5 feet and less) at the north end of the west cut zone bordering Bruce Handscomb Memorial Park limited the ability to harvest weeds as far north in this zone as first requested. This limitation was more than offset by widening the cut zone on both the West and Wast sides of the Bay. • It was agreed that while the intended cut areas were marked on the project map, flexibility would be allowed to modify this cut area dependent on depth and unknown obstructions on the lakebed. The potential equipment damage and delays caused by hitting underwater objects made it necessary to limit cut depth in shallow water (i.e., where water depth was less than six feet). - 65 - 9 | P a g e • Supply chain delays in the provision of repair parts for the IMS WeedMaster made it necessary to commence this harvesting operation by using the AquaMaster equipment in order to start this work in advance of the Labour Day Weekend, out of respect for The City of Pickering Management’s desire to complete this process as quickly as possible during the boating season. The work done on this project using the AquaMaster was subsequently redone using the more superior WeedMaster equipment, inclusive of emulsifying the weed material deposited near shore by the AquaMaster. • The cut zones were initially marked out with buoys in advance of weed cutting. The actual cut areas are displayed on the attached GPS printout. • The additional cost of using the AquaMaster was absorbed by PHC within the approved budget, as was the increase in cut area from 5 to 6 acres. Project Process • Through a series of project meetings from August 30 to October 4, 2021, as noted on the project schedule provided to The City. (The details of this project were planned and implemented in close co-operation City staff, Rob Burlie, Manager of Public Works and Rob Gagen, Supervisor, Parks & Property, in particular). • Bi-weekly meetings, including PHC, contractor and City staff were convened to keep the project on track, within scope and on target for achieving the stated objectives. • At critical points in the project process PHC provided watercraft and staff necessary for City personnel and City Councilors to inspect the site and cutting process. Obstacles to anticipate and mitigate in future weed harvesting projects • Members of the public repeatedly removed markers placed in the Bay in advance of the actual weed harvesting operation to demarcate the cut zones (for City approval and staff approval of cut zones). In future years, signage placed at water access points in both parks will minimize this vandalism. • It became clear during this project that the depth of the Bay is problematic in some areas because: - 66 - 10 | P a g e o The time of year affects water depth, with depth being less in September than it will be in June because the water depth naturally drops as the season progresses. The shallower areas (i.e., less than 6 feet) are both more difficult to cut and the weeds grow back more quickly in response to increased sunlight. o Faster regrowth appeared to happen in close proximity to the City’s storm management runoff outlets into the Bay adjacent to both park locations. o Sedimentation from City runoff and catchment area practices have exacerbated the natural sedimentation that happens over time, creating shallower areas in some areas of the cut zone. o The location of various other hazards such as cement blocks on the bottom of the waterbed. Quality Control, Quality Assurance and Project Efficacy • Richardson Workboats Inc. increased the 5-acre zone to 6 acres, without any increase to the approved budget, noted on the attached cut zone schematic. Please see Figure 4 to reference the location and size of the harvest cut zones (actual vs. proposed). - 67 - 11 | P a g e Figure 3: Proposed cut zone (from PHC’s quote) Legend: City requested cut zones: Navigational channel cut zones cleared previously by PHC: - 68 - 12 | P a g e Figure 4: Actual vs. Requested (by The City) harvest cut zones - 69 - 13 | P a g e Figure 5: GPS Trimble printout of actual West Shore cut zone - 70 - 14 | P a g e Figure 6: GPS Trimble printout of Actual East Shore Cut Zone - 71 - 15 | P a g e Figure 7: GPS printout of Emulsification Location for Weeds Deposited by the AquaMaster Harvester - 72 - 16 | P a g e • PHC managed to mitigate equipment delays caused by supply chain issues for parts repairs required to maintain the harvesting equipment, delivering the project in scope and on time. • The communication with City staff was helpful in meeting with the PHC project team and managing the process in accordance with the city’s expectations. Quality Control during the project was ensured by: • A pre-cut site inspection on the water site was completed with City staff to clarify cut zones. • Use of Richardson Workboats handheld GPS technology to mark out the cut zones in advance of the actual cut. • Use of the onboard GPS Trimble system to monitor and guide in real time the actual harvesting process (on the WeedMaster). • Provision of an accurate, GPS enabled aerial map of the cut zone at the conclusion of the harvesting process to measure and display the area of the Bay in which weeds were harvested. • Real time visual inspection of the cut zones 30 days after the completion of the harvesting process to verify that the weeds had been cut and to also evaluate the rate of weed regeneration in the interim. Quality Assurance • Detailed GPS-enabled monitoring in real time of the cut zone onboard the WeedMaster Harvester allowed the operator, Stephen Richardson, to accurately cut the desired harvest zones designed by City staff. - 73 - 17 | P a g e Figure 8: Captain Steve Richardson at the helm of the WeedMaster, monitoring the GPS tracking system in real time. Figure 9: The GPS tracking units installed on the WeedMaster harvest monitors 17 satellites to transect the coordinates necessary to guide the harvesting process accurately. • This same GPS monitoring device onboard the WeedMaster for live tracking of the cut zone was also used to review the cut zones with city staff during the post-cutting site inspection and to output the attached cut zone visual reports of work completed. - 74 - 18 | P a g e Figure 10: Rob Burlie inspects the GPS tracking system in progress • Daily reporting (submitted by 9:30 a.m. daily) of harvesting activities, enabled the City staff to conduct spot checks on the harvesting process in progress at any point during the harvesting process. • On-site inspection by City of Pickering Councilor Pickles and Councilor Cummings during the actual harvesting operation, followed in turn by a separate on-site observation of the harvesting process by city staff from the PHC workboat. • Visual inspection one week after the cutting process by PHC staff. • Site inspection by City staff on October 27/28 from the PHC workboat, followed in turn by a comprehensive site inspection of the cut zones by City staff aboard the Richardson Workboats WeedMaster, inclusive of detailed review of the Trimble GPS screen tracking, in real time of the cut zones delineated on this GPS system. • Please note that the four-week gap between the completion of the harvesting process and the visual inspection may have some effect on the visibility of weeds below the surface. This four week gap was due to the unavailability of PHC watercraft due to their busy haul out schedule. - 75 - 19 | P a g e • Final site inspection by City staff including on-the-water visual inspection of the entire cut zones completed onboard by Messrs. Burlie, Gagen, Pettit and Vijaysegaram. Stephen Richardson demonstrated to City personnel through a live demonstration on the weed harvester (Nov. 1, 2021 during on-site inspection) how he could physically monitor the depth of the cutting head to ensure the cut depth at 1.5 meters (subject shallow waters and/or obstructions on the Bay bottom requiring a lesser depth). Figure 11: Rob Burlie of The City of Pickering inspects harvest cut zones. - 76 - 20 | P a g e Figure 12: Rob Gagen, Supervisor, Parks & Property inspecting the weed cut results from the bow of the WeedMaster as it replicates the edge of the weed cut zone near Bruce Handscomb Park. The uncut weed zone is clearly visible to this right. - 77 - 21 | P a g e Project Outcomes • The project objectives were achieved. o Navigable cut zones were cleared to provide access by boaters from the park areas to the main navigation channel that runs East/West across the Bay. o Important information was gathered specific to how this harvesting process can be completed at a larger scale in the future. o The City staff and PHC staff have forged a healthy working relationship that will both inform and contribute to short and long-term solutions that address weed infestation in the Bay. o The limited capacity of weed harvesting to address the larger systemic constraints that limit the use and value of Frenchman’s Bay to the public have been highlighted in a manner that will advance strategic long term planning on systemic solutions for restoration of the Bay. • The project was completed on budget and on time: o $44,050.00 + $5,762.50 (HST), for a total of $49,776.50 • The actual harvesting operation was completed by September 24, 2021, followed in turn by a site inspection conducted by City staff on November 1, 2021. • There was clear evidence that the weeds had been cut in the harvest cut zone, leading to: o An absence of weeds in deeper sections of the cut zones. o The regrowth of weeds in some portions of the cut zone in close proximity to shore, where water levels were considerably shallower (6 feet or less). o The rapid regrowth of weeds, particularly in shallower areas (example around the dock area located at Progress Frenchman’s Bay East Park) was somewhat surprising. o Further investigating indicated that the milfoil weed can grow as much as 2” per day in warm waters. • The use of both the AquaMaster and WeedMaster technologies demonstrated convincingly that the WeedMaster was far superior to the AquaMaster harvesting technology for the following reasons: - 78 - 22 | P a g e o The AquaMaster left long strands of weeds at the water surface, creating ongoing frustration for the Frenchman’s Bay Yacht Club. (The subsequent pass over this same area by the WeedMaster eliminated this problem). o In total the WeedMaster completed the actual cutting operation in five days. This duration does not include the necessary time required to prepare for and manage this process. o The horsepower difference (WeedMaster at 400 hp) and AquaMaster at 25hp directly benefits the time to completion and efficacy of the equipment to complete this job. o The use of the WeedMaster eliminated the need to truck away cuttings waste. o The accuracy of the cut was assured by the onboard computer GPS Trimble system. - 79 - 23 | P a g e Project Recommendations 1. The five-acre cut zone provided an excellent test case for conducting this harvesting process but does not address the larger systemic issue experienced by the public. Safe, meaningful recreational use of Frenchman’s Bay will need to eliminate weeds on at least 85% of the Bay to allow for meaningful, safe usage by the diverse set of watercrafts suitable to the Bay (i.e., at least 160 acres). Anything less than this will continue to severely restrict (virtually eliminate) public access to and enjoyment of the Bay, create severe environmental problems relative to the ecological health of the Bay, endanger anyone who ventures on the Bay and waste one of Pickering’s most valuable economic development drivers. Sailors, fishermen and flat-water vessel enthusiasts alike must be able to navigate from one side of the Bay to the other unimpeded; often in a triangular pattern that traverses the water surface depending on wind and wave action to enjoy their respective sports. Boaters of all kinds need the wide spans of the Bay to navigate on this water surface. Anything less than cutting 160+ acres is prohibitive. 2. It will best serve the residents of Pickering for Municipal leadership to work closely with PHC to determine a long-term strategy that restores Frenchman’s Bay to an ecological state of health that benefits all members of the Pickering community. 3. For future project specifications, PHC needs to factor in the cost of manpower and equipment necessary to provide City staff with direct, on-the-water observation at any point in the harvesting process. 4. Signage placed in City parks (where boaters launch their small flat-water craft) will help minimize vandalism to markers used during the cutting process. 5. The WeedMaster GPS system should be used to delineate the harvesting zones, inclusive of onboard monitoring by City staff thereof, in advance of the actual harvesting process vs. using either physical markers or any hand-held GPS device to delineate the harvesting zone. This will allow for the most accurate delineation of the harvesting zone using both visual cues gained by City staff being aboard the harvesting machine. - 80 - 24 | P a g e 6. First cut in June to enable Bay usage for summer months. Second cut in late August to enable usage through to end of the boating season. This cutting process will be required twice per season to allow for safe usage of the Bay and will need to expand the cut zone to 100 acres for this program to effectively address the needs experienced by the public as outlined on page 1 of this report. 7. The scope of problem is far more severe than City staff and City Councilors may realize. The Bay has become one large weed farm to the detriment of the environment and the public. This problem is attributed directly to the City’s stormwater and catchment basin practices. Any long-term strategy to resolve this issue will need to encompass systemic solutions that go well beyond the immediate need to harvest weeds across at least 160 acres of the Bay twice per season to allow for safe use of water craft. 8. While weed cutting is essential on a yearly basis to provide boating access to local residents, a strategic discussion with PHC about longer term remedies will be helpful. PHC recommends that a special project committee (made up of PHC and City staff) be established to consider alternative solutions to the expense of clearing the Bay twice per year that will benefit the public and the environment and be cost effective in the long term. Dredging of the Bay will eliminate weed growth for at least ten years (if not longer) and enable full utilization of the Bay by the public. This option will cost less than the harvesting process. Respectfully, Barry Pettit, M.Ed., President, Pickering Harbour Company - 81 - 25 | P a g e APPENDIX A: Research Reference MATERIALS Environmental Research Related to City Water Management Practices and Related Impact on health of Frenchman’s Bay 1. Geophysical and sedimentological assessment of urban impacts in a Lake Ontario watershed and Lagoon: Frenchman's Bay, Pickering, Ontario Geoscience Canada 30(3):115-128 Geoscientists from the University of Toronto and McMaster University are working with the City of Pickering, Ontario on remediation of a Lake Ontario lagoon and urbanized watershed (Frenchman's Bay) experiencing large stormwater flows and enhanced sediment erosion and transportation. Throughout the watershed, the hydrological cycle has been dramatically changed as a result of 'hardening' by roads and buildings - greatly restricting infiltration and promoting surface runoff. The urban-impacted watershed empties into the shallow, semi-enclosed coastal lagoon of Frenchman's Bay - serving as a trap for fine-grained contaminated sediment. 2. Road salt and cars produce extreme water contamination in Frenchman's Bay, Ontario, Canada Date: March 3, 2010 Source: University of Toronto "Our findings are pretty dramatic, and the effects are felt year round," says Eyles. "This is a really bad news story about the relentless chemical assault on a watershed, with bleak implications that go far beyond the lagoon itself. We now know that 3,600 tonnes of road salt end up in that small lagoon every winter from direct runoff in creeks and effectively poison it for the rest of the year. The future of Frenchman's Bay is not bright, but this also affects the Great Lakes." The researchers conducted an extensive study of streams and groundwater entering Frenchman's Bay over a five-year period using sophisticated field testing and groundwater modeling methods. Some 7,600 tonnes of de-icing salt are applied to nearby roads each year, with more than half of it accumulating in groundwater and returning as brackish (salinated) baseflow into creeks year round, they note. "The remainder is rapidly delivered by surface runoff to Frenchman's Bay, where chloride contents are more than double the average values in waters across the Great Lakes," the report states. "Highway 401 is the largest single source of salt contamination to the lagoon, which receives 26 per cent of all road salt applied to the watershed but covers just 1.3 per cent of its area." - 82 - 26 | P a g e The authors also found that levels of other urban contaminants such as metals, E. coli and coliform were all elevated well above Canadian water quality standards. A decline in ecosystem diversity in Frenchman's Bay is also noted in the report, reflected in the absence of fish in creeks, significant changes in the age structure of fish populations and a much lowered diversity of aquatic species. The report highlights the loss of wetlands by urban runoff. 3. How Does Road Salt Affect the Environment? February 4th, 2019 Topics: Pond Management Best Practices Seasonal Pond Tips Written by Industry Expert Emily Mayer, Aquatic Biologist https://www.solitudelakemanagement.com/blog/how-does-road-salt-affect-the- environment/ When salt enters our waterbodies, it can also have a negative effect on the natural mixing of the water column. In some cases, salinization can alter parameters such as temperature, sediment concentrations and dissolved oxygen levels, and prevent vertical mixing in the water column—a phenomenon called stratification. If persistent stratification occurs, this can increase the availability of undesirable nutrients to fuel nuisance aquatic weeds and algae. This, in turn, can deplete oxygen, causing insufficient habitat conditions for native aquatic life. Put simply, the occurrences of invasive species infestations, fish kills, and poor water quality may be greater when road salt enters freshwater resources. 4. Tarandus Associates Limited, Environmental Consultants Report: August 10, 2021 “The high densities of aquatic macrophytes in Frenchman’s bay are most likely due to high levels of nutrients, particularly phosphorous, which are almost certainly attributable to stormwater discharged the bay and to its tributaries”. - 83 - 27 | P a g e APPENDIX B: Media Coverage 'You’d think it’s alive': Pickering’s Frenchman’s Bay overrun by weeds (durhamregion.com) Pickering group fights Frenchman’s Bay water weed (durhamregion.com) Weeds in Frenchman's Bay 2 - YouTube Pickering waging war on invasive 'Zombie Plant' in Frenchman's Bay (insauga.com) Pickering to tackle invasive weeds taking over Frenchman's Bay | The Star Invasive milfoil weed in Pickering on its way out | NiagaraFallsReview.ca - 84 - 28 | P a g e APPENDIX C: PROJECT SCHEDULE Quote Date Revised Quote Sent 8-16-2021 LOI Received from City 8-16-2021 Revision #2 Quote Sent 8-31-2021 Meetings Virtual Teams Meeting - 1st initial Meeting to discuss weed harvesting 6-11-2021 Virtual Teams Meeting - 2nd Meeting to discuss weed harvesting 7-23-2021 Virtual Teams Meeting - 3rd Meeting to discuss weed harvesting 8-11-2021 Virtual Teams Meeting - 4th Meeting to discuss weed harvesting to finalize quote 8-16-2021 Site Meeting at PHC 8-17-21 Pre-Construction Meeting 8-30-2021 Progress Meeting #1 - Held Virtually 9-13-2021 Progress Meeting #2 - Held at The Lakehouse 9-20-2021 Progress Meeting #3 - Held at The Lakehouse 10-4-2021 QC Check on Bay in Boat with Ian 10-27-2021 Final QC Check on Bay in WeedMaster 11-01-21 Weed Cutting East Shore Cutting (Harry) 8-31-2021 to 9-1-2021 East & West Shore Cutting & Weed Off Cut Emulsification (Stephen) 9-20-2021 to 9-24-21 - 85 -