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HomeMy WebLinkAboutCS 12-24Report to Executive Committee Report Number: CS 12-24 Date: May 6, 2024 From: Laura Gibbs Director, Community Services Subject: Gingerbread Nursery Licence Agreement - Licence Agreement Renewal - File: A-1440-001 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a Licence Renewal Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s endorsement to execute the Licence Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for a five-year term. Gingerbread Co-operative Nursery School (Pickering) Inc. has an existing Licence Agreement with the City of Pickering to provide a co-operative nursery program at West Shore Community Centre, for a five-year term beginning September 1, 2019, and ending June 30, 2024. Gingerbread Co-operative Nursery School (Pickering) Inc. has requested to renew this agreement for a further five-year term beginning September 1, 2024, and ending June 30, 2029. The Community Services Department recommends that a renewal agreement be initiated with Gingerbread Co-operative Nursery School (Pickering) Inc. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. Financial Implications: The generated revenue from Gingerbread Co-operative Nursery School (Pickering) Inc. during the five-year term is as follows: September 1, 2024 - June 30, 2025: $5,410.00 including HST ($541.00 incl. HST per month) September 1, 2025 - June 30, 2026: $5,520.00 including HST ($552.00 incl. HST per month) September 1, 2026 - June 30, 2027: $5,640.00 including HST ($564.00 incl. HST per month) September 1, 2027 - June 30, 2028: $5,760.00 including HST ($576.00 incl. HST per month) CS 12-24 May 6, 2024 Subject: Gingerbread Nursery Licence Agreement Page 2 September 1, 2028 - June 30, 2029: $5,880.00 including HST ($588.00 incl. HST per month) Discussion: The purpose of this report is to renew the Licence Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for a five-year term. On June 24, 2019, Council approved Resolution #107/19 authorizing the execution of a Licence Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for the purpose of operating a co-operative nursery program for a minimum of three half days per week from September to June annually at West Shore Community Centre for a five-year term beginning September 1, 2019, and ending June 30, 2024. The use of the West Shore Community Centre for the provision of a co-operative nursery program is a positive and proactive use of this facility and is consistent with the City’s mandate to support children and families and to build community. As such, the Director, Community Services recommends that a renewal agreement be initiated with Gingerbread Co-operative Nursery School (Pickering) Inc. to renew the Licence Agreement for a further five-year term, beginning September 1, 2024, and ending June 30, 2029. Attachment: 1.Draft Licence Agreement for Gingerbread Co-operative Nursery School (Pickering) Inc.,2024 - 2029 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Suzanne Moore Laura Gibbs, MBA, MSc. Supervisor, Community Services Administration Director, Community Services Original Signed By Marilou Murray Manager, Community Services Administration & Strategic Initiatives LG:sm CS 12-24 May 6, 2024 Subject: Gingerbread Nursery Licence Agreement Page 3 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 12-24 This Licence Agreement is made as of September 1, 2024 Between: The Gingerbread Co-operative Nursery School (Pickering) Inc. (the “School”) -and - The Corporation of the City of Pickering (the "City") Whereas the City owns the community centre known as the West Shore Community Centre at 1011 - 1015 Bayly Street in the City of Pickering (the “Community Centre”); and Whereas the School wishes to use the Community Centre and associated facilities for the purpose of operating a co-operative nursery school; and Whereas the City is prepared to grant a licence to the School to permit the School to use the Community Centre and associated facilities for such purpose; Now therefore the City and the School agree as follows: Licence 1.The City grants to the School a licence to occupy and use the Community Centreand associated facilities for the purpose of operating a co-operative nurseryschool on the terms and conditions set out in this Licence (the “Purpose”). 2.The School shall also be permitted to use the Community Centre one (1) eveningor weekend day in each year of the Term for fundraising efforts, provided such dates are requested in advance in writing to the City and are subject toavailability and approval by the City. Term 3.The City grants to the School the right to use the Community Centre and associated facilities for the Purpose during the months of September to June,both inclusive, each year throughout the term of this Licence commencing onSeptember 1, 2024 and ending on June 30, 2029 (the “Term”). Gingerbread Co-op Nursery School Licence Agreement Page 2 2 4. Either the School or the City may terminate this Licence without cause prior to the expiry of the Term by giving 90 days written notice to the other. Fees 5. During the first year of the Term (September 1, 2024 to June 30, 2025), the School shall pay to the City the fixed sum of $5,410.00 (including HST) in ten (10) equal monthly payments of $541.00 (including HST) payable on the 1st day of each month of September to June, both inclusive. During each subsequent year of the Term, the School shall pay to the City the fixed sums listed below in ten (10) equal monthly payments payable on the 1st day of each month of September to June, both inclusive. Year Two (September 1, 2025 - June 30, 2026) $5,520.00 (including HST) Year Three (September 1, 2026 - June 30, 2027) $5,640.00 (including HST) Year Four (September 1, 2027 - June 30, 2028) $5,760.00 (including HST) Year Five (September 1, 2028 - June 30, 2029) $5,880.00 (including HST) 6. The School shall provide ten (10) post-dated cheques prior to the start of each year of the Term, payable to the City, in the amounts set out in Section 5. Operation 7. The School shall, (a) comply strictly with all applicable laws, by-laws, rules and regulations governing the operation of the School; (b) operate the school for a minimum of three (3) days and a maximum of five (5) days per week from 8:00 am to 12:30 pm during the months of September to June, both inclusive, each year throughout the Term; (c) ensure that its operations conclude by 12:30 pm on any given operating day to facilitate the use of the Community Centre and associated facilities for other purposes; (d) prior to September 1st each year of the Term, notify the City in writing of which three (3) to five (5) days of the week it will operate during the ensuing year of the Term; (e) in the event that the School elects to operate for more than three (3) days per week within a given year during the Term, pay an additional fee in the amount of $150 per month (including HST) for each additional day of operation (over and above the minimum three (3) days per week); (f) provide and pay for all personnel and supplies required by it for the Purpose; Gingerbread Co-op Nursery School Licence Agreement Page 3 3 (g) obtain all necessary permits, licenses and approvals that may be required in connection with the operation of the school; and (h) maintain the Community Centre in a clean, sanitary and attractive condition satisfactory to the City throughout the Term and, at the end of the Term, repair or replace any damages to the Community Centre save and except reasonable wear and tear, at its sole cost and expense. 8. The City shall provide, (a) all necessary electrical power, heat and other utilities; (b) equipment storage cupboards; and (c) a kitchenette facility for the purpose of providing light snacks for School staff and children. 9. The City assumes no responsibility to the School and shall not be liable for any loss or damage incurred by the School arising from temporary or unavoidable interruption of the supply of electrical power, heat or other utilities due to any cause whatsoever. The City shall use reasonable diligence to restore any such services whenever they are interrupted. Insurance 10. The School, at its own expense, shall provide, (a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, tenant’s legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Community Centre and the School’s use and occupancy of the Community Centre, with coverage for any one occurrence or claim of not less than $5,000,000.00, which insurance shall protect the City in respect of claims by the School as if the City was separately insured; and (b) a certificate of insurance coverage in a form satisfactory to the City, which insurance coverage shall be kept in full force and effect throughout the Term. 11. The School shall not do or omit or permit to be done anything that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the School shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be Gingerbread Co-op Nursery School Licence Agreement Page 4 4 cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Community Centre, the School shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the School shall fail to do so the City may, at its option, terminate this Licence forthwith by notice to the School and the School shall immediately vacate the Community Centre. Liability and Indemnification 12. The School shall indemnify and save harmless the City from and against any and all actions, losses, damages, claims, costs and expenses (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Licence by the School or from any act or omission of the School or those for whom the School is at law responsible in or around the Community Centre and associated facilities arising from the School’s use and occupation of the Community Centre and associated facilities. The City shall not be liable for any loss or damage to any property belonging to the School or to any other persons or for any injury to any person while such person or property is in or around the Community Centre and associated facilities, unless such loss, damage or injury is caused directly by the negligence of the City, or those for whom the City is at law responsible. Default 13. If at any time the School is in default in the performance of any of the obligations under this Licence and such default continues for fifteen (15) days after the receipt by the School of notice from the City setting out the particulars of such default, the City shall have the right to terminate this Licence forthwith and thereupon all the rights of the School under this Licence shall immediately cease and the City shall not be liable for payment to the School of any moneys whatsoever by reason of such termination. General 14. The City shall have the right to enter the Community Centre at any time for any reason provided all reasonable efforts are made to minimize any disruption to the School’s use of the Community Centre. 15. The School shall not exhibit or allow to be exhibited on the exterior of the Community Centre any sign, notice, notice board, painting, design or advertisement without the prior consent of the City. 16. The School shall not alter, add to or vary in any way any part of the Community Centre without the prior approval of the City. 17. This Licence shall not be assignable by the School without the consent of the City, which consent may be arbitrarily refused. Gingerbread Co-op Nursery School Licence Agreement Page 5 5 18. This Licence shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 19. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. 20. (1) Any notice to the City under this Licence shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Attention: City Clerk (2) Any notice to the School under this Licence shall be in writing and shall be delivered to the following address: Gingerbread Nursery School PO Box 427, Stn Main Pickering, ON L1V 2R7 Attention: President (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third (3rd) business day after it was mailed. (5) The parties may change their address for notice by giving notice to the other in the manner provided in this Section. 21. The recitals to this Licence are true in substance and fact and are incorporated herein. 22. Should any provision or provisions of this Licence be illegal or not enforceable, it or they shall be considered separate and severable from this Licence and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. Gingerbread Co-op Nursery School Licence Agreement Page 6 6 23. The headings in this Licence have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of this Licence nor any of the provisions hereof. 24. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Licence or of any information or documents. In Witness Whereof the City and the School have signed this Licence as of the date first written above. Gingerbread Co-operative Nursery School (Pickering) Inc. _____________________________________ Eirena Calabrese, President I have authority to bind the Corporation _____________________________________ Cherryann Bullock-Ali, Supervisor The Corporation of the City of Pickering ____________________________________ Kevin Ashe, Mayor ____________________________________ Susan Cassel, City Clerk