HomeMy WebLinkAboutCR 03-15 City 00 Report to
Executive Committee
PICKERING
Report Number; CR 03-15
Date: May 11, 2015
From: Marisa Carpino
Director, Culture & Recreation
Subject: Gingerbread Co-operative Nursery School (Pickering) Inc.
- Amending Licence Agreement
- File: A-1440
Recommendation:
1. That Report CR 03-15 of the Director, Culture & Recreation be received; .
2. That the amendment of the existing Licence Agreement for Gingerbread Co-
operative Nursery School (Pickering) Inc., to permit operation of the cooperative
nursery program, for 5 half days per week at a reduced licence fee of$435
including HST per month from January to June 2015 inclusive be approved;
3. That the Mayor and City Clerk be authorized to execute an Amending Licence
Agreement with the Gingerbread Co-operative Nursery School(Pickering) Inc. in
the form included as Attachment 1, subject to minor changes acceptable to the
Director, Culture & Recreation and Director, Corporate Services & City Solicitor;
and
4. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
Executive Summary: Gingerbread Co-operative Nursery School (Pickering) Inc.
has an existing Licence Agreement with the City of Pickering to provide a cooperative
nursery program at West Shore Community Centre, for up to 5 half days per week from
September to June annually at West Shore Community Centre, for a 5 year term
beginning September 1, 2014 and ending June 30, 2019.
Gingerbread Co-operative Nursery School (Pickering) Inc. has requested to amend the
existing Licence Agreement to which Gingerbread Co-operative Nursery School
(Pickering) Inc. will be permitted to operate the cooperative nursery program 5 half days
per week at the same licence fee as 3 half days per week for the period of January to
June 2015 inclusive. As per the existing agreement, the licence fee is $435 including
HST per month for 3 half days per week, $580 including HST per month for 4 half days
per week and $725 including HST per month for 5 half days per week. Amending the
Licence Agreement as per their request will represent a total reduction in licence fees of
$1,740 including HST over this 6 month period (January 2015 to June 2015 inclusive).
3
•
CR 03-15 May 11, 2015
Subject: Gingerbread Co-operative Nursery School (Pickering) Inc. Page 2
The Culture & Recreation Department recommends that the Amending Licence
Agreement be initiated with Gingerbread Co-operative Nursery School (Pickering) Inc.
in the form included as Attachment 1.
Financial Implications: Based on 5 half days per week, the revenue to be generated •
in 2015 from the Gingerbread Co-operative Nursery School (Pickering) Inc. under the
amending agreement, will be $5,550 including HST as per the following breakdown:
• January 1, 2015 to June 30, 2015: $2,610 incl. HST ($435 incl. HST per month)
• September 1, 2015 to December 31, 2015: $2,940 incl. HST ($735 incl. HST per
month)
Based on 5 half days per week, the revenue to be generated from the Gingerbread
Nursery School (Pickering) Inc. under the existing agreement in 2015 was to be $7,290
including HST, as per the following breakdown:
• January 1, 2015 to June 30, 2015: $4,350 ($725 incl. HST per month)
• September 1, 2015 to December 31, 2015: $2,940 incl. HST ($735 incl. HST per
month)
This represents $1,740 in reduced licence fees in the year 2015, which will be payable
to the City of Pickering by Gingerbread Co-operative Nursery School (Pickering) Inc.
Discussion: On July 14, 2014, Council approved the Resolution # 260/14
authorizing the execution of a Licence Agreement with the Gingerbread Co-operative
Nursery School (Pickering) Inc. for the purposes of operating a cooperative nursery
program for 3 half days per week from September to June annually at West Shore
Community Centre, fora 5 year term beginning September 1, 2014 and ending June 30,
2019. As per section 5 of the existing Licence Agreement.in Attachment 2,
Gingerbread Co-operative Nursery School (Pickering) Inca is required to pay the City of
Pickering $435 per month including HST from January to June 2015 and $445 per
month including HST from September 1, 2015 to December 31, 2015.
At the request of the Gingerbread Co-operative Nursery School (Pickering) Inc., on
September 16, 2014 the Licence Agreement was revised to provide the school with the
option to operate the Gingerbread Nursery School for 2 additional half days per week at
an additional prorated cost of$145 per month including HST, for each additional day.
Accordingly, section 7 (d) was added to the existing Licence Agreement in Attachment
2, indicating that in the event that the school elects to operate for more than three days
per week during the term of the agreement, they were required to pay the City of
Pickering an additional prorated fee of$145 per month (including HST) for each
additional day of operation (over and above the minimum of three days per week).
CORP0227-07/01 revised
4
CR 03-15 May 11, 2015
Subject: Gingerbread Co-operative Nursery School (Pickering) Inc. Page 3
As per their letter dated March 1, 2015, Gingerbread Co-operative Nursery School
(Pickering) Inc. is now requesting full or partial relief of$290 per month for the period of
January to June 2015. Although the school is currently providing nursery programs to
their clients for 5 half days per week (which is above the 3 half day minimum outlined in
the licence agreement), they identify insufficient registration to pay for these additional
half days from January to June 2015.
The Director, Culture & Recreation recommends that the Amending Licence Agreement,
which provides the school with 5 half days per week at no additional prorated licence
fees for the period of January to June 2015 as specified in section 7 (d), be initiated with
Gingerbread Co-operative Nursery School (Pickering) Inc. in the form included as
Attachment 1.
Attachments:
1. Draft Amending Licence Agreement for Gingerbread Co-operative Nursery School
(Pickering) Inc. dated June 1, 2015.
2. Existing Licence Agreement for Gingerbread Co-operative Nursery School
(Pickering) Inc. dated July 18, 2014.
3. Letter from Gingerbread Co-operative Nursery School (Pickering) Inc. dated March
1, 2015.
Prepared/Approved/Endorsed By:
Marisa Carpino
Director, Culture & Recreation
:mc
Recommended for the consideration .
of Pickering City Council
/4 . 2_3 i Z06
Tony Prevedel, P.Eng. •
Chief Administrative Officer
CORP0227-07/01 revised
5
ATTACHMENT# I TO REPORT#_ CAQ 5
• This Amending Licence Agreement is made as of June 1, 2015
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 Centre
and associated facilities for the purpose of operating a co-operative nursery
school on the terms and conditions set out in this Licence.
2. The School shall also be permitted to use the Community Centre one evening or
weekend day in each year of the term for fundraising efforts. These dates must_
be requested in writing and are subject to availability.
Term •
3. The term of this Licence shall be five (5) years commencing September 1, 2014
and ending June 30, 2019 unless terminated earlier in accordance with the
provisions of this Licence.
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.
6
Gingerbread Licence Page 2
Fees
•
5. During the first year of the term, the School shall pay to the City the fixed sum of
$4,350.00 (including HST) in 10 equal monthly payments of $435.00 (including •
HST) payable on the 1st day of every month except July and August. During
each subsequent year of the term, the School shall pay to the City the fixed
sums listed below in 10 equal monthly payments payable on the 1st day of every
q YP Y
month except July and August.
Year Two (September 1, 2015 - June 30, 2016) $4,450.00 (including HST)
Year Three (September 1, 2016 -June 30, 2017) $4,550.00 (including HST)
Year Four (September 1, 2017- June 30, 2018) $4,650.00 (including HST)
Year Five (September 1, 2018 -June 30, 2019) $4,750.00 (including HST)
6. The School shall provide ten post-dated cheques prior to the start of each school
year, 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 minimum of three days and a maximum of five days
per week from 8:00 am to 12:30 pm during the months of September
through June;
(c) prior to September 1st each year of the term of this Licence Agreement,
notify the City in writing of which three to five days of the week it will
operate during the ensuing school year; .
(d) in the event that the School elects to operate for more than three days per
week within a given year during the term hereof, to pay an additional fee
of $145 per month (including HST) for each additional day of operation
(over and above the minimum of three days per week) excluding the
period of January 1-to June 30, 2015 inclusive, during which time the
maximum of five days per week will be provided to the school at no
additional cost (over and above the licence fee payable for three days per
week); S
(e) only operate the school Monday, Wednesday and Friday from 8:00 am to
12:30 pm and only during the months of September through June;
2
7
Gingerbread Licence Page 3
(f) ensure that its operations conclude by 12:30 pm Monday, Wednesday
and Friday to facilitate the use of the Community Centre and associated
facilities for other purposes;
provide and pay for all personnel and supplies required for its purposes;
(g)
p p Y p Pp q
(h) obtain all necessary permits, licenses and approvals that may be required
•
in connection with the operation of the school; and
(i) 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.
•
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 for the 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, 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.
3
8
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Gingerbread Licence Page 4
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
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 City shall not be liable to the School for any loss of or damage to the
Community Centre or any equipment or inventory in it, whether caused by fire,
theft, burglary or otherwise, unless such loss or damage was caused by the
negligence of the City, its servants, agents or employees.
13. The School shall indemnify the City and each of its servants, employees and
agents from and against all actions, suits, claims and demands which may be
brought against any of them, and from and against all losses, costs, charges,
damages and expenses which may be sustained by any of them as a result of
School's use and occupation of the Community Centre.
Default
14. 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 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 -
15. 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.
•
16. 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.
17. 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.
4
9
•
Gingerbread Licence Page 5
18. This Licence shall not be assignable by the School without the consent of the
City, which consent may be arbitrarily refused.
19. This Licence shall enure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
20. No amendment to this Licence shall be effective unless it is in writing and signed
by both parties.
(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
L1 V 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:
1011 Bayly Street
Box 427
Pickering, ON L1V 2R7
Attention: Ashley Corcoran, 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 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.
In Witness Whereof the City and the School have signed this Licence.
Gingerbread Co-operative Nursery
School (Pickering) Inc.
5
10
•
Gingerbread Licence Page 6
Ashley Corcoran, President
Howard Daniels, Secretary
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
6
11
A TAClii`yI�� Ji # Z-- E '' FOCI 7i,
•
This Licence Agreement is made as of July 18, 2014
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 Centre
- and associated facilities for the purpose of operating a co-operative nursery
• school on the terms and conditions set out in this Licence.
2. The School shall also be permitted to use the Community Centre one evening or
weekend day in each year of the term for fundraising efforts. These dates must
be requested in writing and are subject to availability.
Term
3. The term of this Licence shall be five (5) years commencing September 1, 2014
and ending June 30, 2019 unless terminated earlier in accordance with the
• provisions of this.Licence.
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. .
12
•
•
Gingerbread Licence Page 2 ,
Fees • •
•
5. During the first year of the term, the School shall pay to the City the fixed sum of
$4,350.00 (including HST) in 10 equal monthly payments of$435.00 (including
HST) payable on the 1st day of every month-except July and August. During
each subsequent year of the term, the School shall pay to the City the fixed
sums listed below in 10 equal monthly payments payable on the 1st day of every
month except July and August.
Year Two (September 1, 2015 -June30, 2016) $4,450.00 (including HST) -
Year Three (September 1, 2016 -June 30, 2017) $4,550.00 (including HST)
Year Four(September 1, 2017 - June 30, 2018) $4,650.00 (including HST)
Year Five (September 1, 2018 -June 30, 2019) ..$4,750.00 (including HST)
6. The School shall provide ten post-dated cheques prior to the start of each school .
year, 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 minimum of three days and a maximum of five days
per week from 8:00'am-to 12:30 pm during the months of September
through June; .
•
• (c) prior to September 1st each year of the term of this Licence Agreement,
notify the City in writing of which three to five days of the week it will
operate during the ensuing school.year;
(d) in the event that the School.elects to operate for more than three days per
week within_a given year during the term hereof, to pay an additional fee •
.of$145 per month (including HST) for each additional day of operation .
(over and above the minimum of three days per week);
•
(e) only operate the school Monday, Wednesday and Friday from 8:00 am to
12:30 pm and only during the months of September through June;
(f). ensure that its operations conclude-by 12:30 pm Monday, Wednesday
and Friday to facilitate the use of the Community Centre and associated
facilities for other purposes; .
(g) provide and pay for all personnel and supplies required for its purposes;
.2 13
• •
•
Gingerbread Licence Page 3
(h) obtain all necessary permits, licenses and approvals that may be required
in connection with the operation of the school; and •
(i) 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.
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 for the 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, 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
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
14 3
•
•
Gingerbread Licence • - Page 4 .
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 City shall not be liable to the School for any loss of or damage to the
Community Centre or any equipment or inventory in it, whether caused by fire,
theft, burglary or otherwise, unless such loss or damage was caused by the
negligence of the City, its servants,,agents or employees..
13. The School shall indemnify the City and each of its servants, employees•and
agents from and against all actions, suits, claims and demands which may be
brought against any of them, and from and against all losses, costs, charges,
damages and expenses which may be sustained by any of them as a result of
School's use and occupation of the Community Centre.
Default
•
14, 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 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
•
15. 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.
-16. 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. -
17. 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.
18. This Licence shall not be assignable by the School without the consent of the •
City, which consent may be arbitrarily refused.
19. This Licence shall enure to the benefit of and be binding upon the parties and
their respective-successors and permitted assigns.
4 15
•
Gingerbread Licence Page 5
20. No amendment to this Licence shall be effective unless it is in-writing and signed
by both parties. •
(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:
•
1011 Bayly Street
Box 427
•
•
Pickering, ON L1V 2R7
•
Attention: .Ashley Corcoran, 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 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.
In Witness-Whereof the City and the School have signed this Licence.
• Gingerbread Co-operative Nursery
• School (Pickering) Inc. •
•
•
Ashle Corran, Preside •
Howard Daniels, Secretary
•
•
•
16 • - 5 •
Gingerbread Licence - Page 6 , •
The Corporation of the City of Pickering
•
David Ryan, i •
Debbie Shields, City Clerk •
•
•
•
•
•
•
•
•
•
•
•
•
•
•
6
• 17
A MEi.., :.. ,3 TO REPORT#Cif 03� /S
'J f fT ,JCS '`�sl F
March 1st,2015
Marisa Carpino
Director,Culture&Recreation
City of Pickering
Subject:Gingerbread Co-Operative Nursery-Request for Relief/Concessions
We appreciate and thank you for the allowing Gingerbread Co-Operative to continue to operate at West Shore Community
Centre in the City of Pickering through to June 2019.
At the next City Council meeting we are hopeful that the City Council can make the following concession regarding
additional charges for the use of West Shore Community Centre for 2 additional days per week under the following:
Gingerbread License Agreement
Section—Operation
Sub Section 7(d)
As you know,Gingerbread Co-Operative Nursery School has been operating as a 3 day per week half-day Nursery School
for many years. This year,with the large initial enrollment,the board and teaching staff decided to expand our offering and
operate as a 5 day per week half-day Nursery School.
The additional 2 days of operations has increased our Lease costs by$290 per month.
We are currently running an operational deficit of approximately$690/month, as the up to 5 day offering has only created an
additional$800 in monthly revenue and our fixed costs have risen$1490(salary and lease)for the 2 additional days per
week.
We hope to grow the enrollment to make up for the shortfall,but we are concerned that we will utilize our small reserve and
not have any flexibility for future planning,growth,supplies,etc.
We would like to continue to operate 5 days per week for the balance of the school year(end of June 2015)so as to not
upset the families currently enrolled in the 4/5 day programs,but would ask that you provide relief for the additional lease
costs outlined on the License Agreement
For the record,we have paid the additional costs of$290 for October, November and December of 2014.
We are asking the Pickering City Council for ALL or Partial Relief of the$290 per month additional charge for January to
June 2015 inclusive.
Again we appreciate your continued partnership and look forward to many years of success together.
•
Sincerely, CULTURE& EATQO,. DIMS!*
RECEIVED I B11..
FILE PO. 1
Ashley Corcoran Howard Daniels ABEY TO j
President Treasurer 0 FWD 0 CIRCULATE
MAYOr? i Cr PS CIL
CAO i i CLERK -'
CUL&REC I CORP SERVICES
MPE
HUMAN RESOURCES
MPE OPS CENTRE I-�LEGAL
1 8 FAC OPERATIONS OFFICE SUSTAIN
i C&R SUPERVISORS; 1PLAN&DEV