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HomeMy WebLinkAboutCS 03-23 Report to Executive Committee Report Number: CS 03-23 Date: February 6, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Beach Volleyball Court License Agreement -Ontario Volleyball Association -File: A-1440-001 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the License Agreement set out in Attachment 1 of this Report to which Ontario Volleyball Association will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a five year term beginning May 1, 2023 and ending September 30, 2027, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Ontario Volleyball Association (OVA) operates Beach Volleyball programs on five outdoor volleyball courts located in Diana, Princess of Wales Park. The previous license agreement between the OVA and the City of Pickering was for a five year term beginning May 1, 2018 and ending September 30, 2022 (5 months per year for a total of 25 months for the term). Under the terms of the license agreement, the Ontario Volleyball Association will be responsible to develop youth and adult beach volleyball programs and to operate them between the hours of 8:00 am to 10:00 pm, Monday to Sunday from May 1st to September 30th each year. The Ontario Volleyball Association is also responsible to ensure that the courts are kept in a clean and tidy condition and to perform any necessary repairs that result from the use of the beach volleyball courts. The Community Services Department recommends that the license agreement set out in Attachment 1 be initiated with Ontario Volleyball Association to operate beach volleyball programs for the period May 1, 2023 to September 30, 2027. Financial Implications: The revenue to be generated from Ontario Volleyball Association will be the following: CS 03-23 February 6, 2023 Subject: Beach Volleyball Court Licence Agreement Page 2 i.$4,750 (plus HST) in 5 equal monthly installments of $700 (plus HST) in Year 1 of the agreement (May 2023 to September 2023). ii.$5,000 (plus HST) in 5 equal monthly installments of $750 (plus HST) in Year 2 of the agreement (May 2024 to September 2024). iii.$5,250 (plus HST) in 5 equal monthly installments of $800 (plus HST) in Year 3 of the agreement (May 2025 to September 2025). iv.$5,500 (plus HST) in 5 equal monthly installments of $850 (plus HST) in Year 4 of the agreement (May 2026 to September 2026). v.$5,750 (plus HST) in 5 equal monthly installments of $900 (plus HST) in Year 5 of the agreement (May 2027 to September 2027). Discussion: The Ontario Volleyball Association is seeking to enter into new term of a license agreement with the City of Pickering to operate beach volleyball programs on the five outdoor volleyball courts located in Diana, Princess of Wales Park. The Ontario Volleyball Association will enter into a new license agreement to operate the beach volleyball programs for a five year term beginning May 1, 2023 and ending September 30, 2027. The beach volleyball courts at Diana, Princess of Wales Park meet the demand for beach volleyball within the City of Pickering. The Ontario Volleyball Association offers residents an opportunity to participate in organized leagues, tournaments, clinics and camps in a manner that is satisfactory to the City of Pickering. The Ontario Volleyball Association is the provincial governing body for both indoor and outdoor play, including beach volleyball. In 2016, the Ontario Volleyball Association launched its five year strategic plan with the intent of seeing volleyball become a sport of choice in Canada. In the past year it has driven social media presence up by 16% and unique membership up by 7%. The Ontario Volleyball Association facilitates opportunities from grassroots development through youth competitions, all the way up to international events that keep players competitive and stimulates growth, making the association the ideal partner for the City of Pickering and the best choice for the residents of our City. The beach volleyball programs and leagues offered by the Ontario Volleyball Association are complimentary to the City’s summer sports program schedule. They offer our residents the opportunity to play volleyball in an outdoor setting (beyond the existing fall, winter and spring registered indoor volleyball programs provided by the Community Services Department). The Director, Community Services recommends that the revised license agreement set out in Attachment 1 be initiated for a five year term beginning May 1, 2023 and ending September 30, 2027. CS 03-23 February 6, 2023 Subject: Beach Volleyball Court Licence Agreement Page 3 Attachment: 1. Draft License Agreement for Ontario Volleyball Association (May 1, 2023 to September 30, 2027) Prepared/Endorsed By: Original Signed By Sarah Douglas-Murray Director, Community Services SDM:jm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 03-23 THIS LICENCE AGREEMENT is made pursuant, to the provisions of Section 110 of the Municipal Act, 2001, chapter 25 as of the 1st day of May, 2023. B E T W E E N : ONTARIO VOLLEYBALL ASSOCIATION (hereinafter called the “Club”) OF THE FIRST PART and THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the “City”) OF THE SECOND PART WHEREAS the City is the City is licensed to use and occupy Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering, AND WHEREAS the Club is incorporated pursuant to the laws of the Province of Ontario, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. 2. In this Agreement, the term, (a) “Department” means the City’s Community Services Department; and (b) “Park” means that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule “A” to this agreement. 3. The City grants to the Club the exclusive use of the Park for beach volleyball during the months of May 1st to September 30th both inclusive for the period beginning May 1, 2023 and ending September 30, 2027. 4. The Club, its servants, contractors, subcontractors, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies now or hereinafter in force governing the operation of the Park and the conduct of the businesses of the Club and of the City, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. 5. The Club shall, (a) be responsible for all costs related to or arising from the five (5) beach volleyball courts; (b) be responsible for all construction, maintenance, repair and operation costs for all five (5) beach volleyball courts throughout the term of this Agreement; (c) deposit with the City, by April 1st of each Term, a certificate of insurance verifying that a general liability insurance policy that includes non-owned auto coverage in the amount of at least $2,000,000 is in place in respect of injury to or death of one or more persons, or of damage to property, in a form satisfactory to the City. The City must be added as an Additional Insured to the general liability insurance policy; (d) obtain consent from the City for its subcontractors and ensure that each of its contractors and subcontractors complies with the insurance requirements set out in this Agreement by obtaining similar types of insurance and providing the Club with any policy of insurance or certificate thereof. No subcontract entered into by the Club shall impose any obligation or liability upon the City; (e) indemnify the City from and against any and all costs, claims, liabilities expenses, damages or injuries, including but not limited to any personal injury, loss of life or damage to property occurring at any time in or on the Park, however such loss, damage or injury may occur; (f) keep the beach volleyball courts in good repair and safe conditions and to maintain the courts and all lands comprising the Park at a high level of cleanliness and safety; (g) ensure that it uses the beach volleyball courts only during the operating hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar year throughout the Term; 2 (h) refrain from serving alcohol or allowing the consumption of alcohol within or around the Park unless the required liquor license/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; (i) supply electrical power to the beach volleyball courts if required, at its own expense, provided that in doing so it shall not interfere with any use of any part of Diana, Princess of Wales Park (other than the Park); (j) obtain the approval of the City’s Director, Community Services before altering, adding to or varying in any way all or any part of the Park; (k) not advertise or place signage of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior approval of the City; (l) refrain from interfering with the enjoyment of Diana, Princess of Wales Park by any member of the public; (m) indemnify the City from and against any and all costs arising directly or indirectly from or associated with the Club’s operation including the use of the Park by the Club; (n) permit the City, its servants, agents and employees, to have access to the Park at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; (o) leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damage to the Park resulting from the placement or use of the beach volleyball courts; (p) be responsible for the development of and be the official organizer for adult and youth beach volleyball programs in which the Club will have exclusive rights to these programs; (q) be responsible, at its own expense, for all marketing of the said programs; (r) monitor and control revenues for adult and youth registrations; (s) operate the said programs between May 1 and September 30 in each year of the Term; and (t) provide the City with a list of all the said programs. 6. The Operator shall pay license fees to the City the sum of the following: 3 (d) $5,500 (plus HST) in equal monthly installments of $850 (plus HST) on the first day of the month for the fourth term (May 2026 to September 2026). (e) $5,750 (plus HST) in equal monthly installments of $900 (plus HST) on the first day of the month for the fifth term (May 2027 to September 2027). The City shall not be liable to the Club for any loss of or damage to the beach volleyball courts, the Club’s equipment, supplies or products, whether caused by fire, theft, burglary or otherwise. All property of the Club or members of the public at any time in the Park shall be at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any such loss or damage. The Club shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the Club shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other provided that the Club shall remain liable to the City for 7. 8. 9. 10. (a) $4,750 (plus HST) in equal monthly installments of $700 (plus HST) on the first day of the month for the first term (May 2023 to September 2023); (b) $5,000 (plus HST) in equal monthly installments of $750 (plus HST) on the first day of the month for the second term (May 2024 to September 2024); (c) $5,250 (plus HST) in equal monthly installments of $800 (plus HST) on the first day of the month for the third term (May 2025 to September 2025); and, any damages, costs, losses and expenses incurred by the City as a result of any breach of this Agreement by the Club; (b) Notice of early termination may be given by personal delivery or registered mail, (i) in the case of the Club, to Ontario Volleyball Association c/o Jo- Anne Ljubicic, 111-60 Scarsdale Road, Toronto, Ontario, M3B 2R7. 4 (ii) in the case of the City, to The City Clerk, The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7; (c) Each party may re-designate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other; (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 11. The Club shall not assign or sub-licence all or any portion of this Licence Agreement without the City’s written consent, which consent may be arbitrarily withheld. Notwithstanding any permitted assignment or sub-licence, the Club shall remain liable for compliance with all the requirements of this Licence Agreement, including the payment of fees (paragraph 6) and the indemnification of the City (paragraph 9). 12. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the parties have each executed this Agreement and have affixed their respective corporate seals as of the date first written above. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE CITY OF PICKERING Susan Cassel City Clerk Kevin Ashe Mayor 5 ONTARIO VOLLEYBALL ASSOCIATION Jo-Anne Ljubicic Executive Director I have the authority to bind the corporation. 6