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HomeMy WebLinkAboutCS 26-25Report to Council Report Number: CS 26-25 Date: September 29, 2025 From: Laura Gibbs Director, Community Services Subject: Concession Services in Arenas Chestnut Hill Developments Recreation Complex Arena Q2025-24, and Don Beer Arena Q2025-23 File: A-1440-001 Recommendation: 1. That Request for Quotation No. Q2025-23 for Operation of the Don Beer Arena Concession submitted by Cashew and Clive Catering Inc . in the amount of $81,036.00 (net HST) or $91,570.68 (HST included) be accepted; 2. That Request for Quotation No. Q2025-24 for Operation of Chestnut Hill Developments Recreation Complex Arena Concession submitted by Cashew and Clive Catering Inc . in the amount of $51,728.00 (net HST) or $58,452.64 (HST included) be accepted; 3. That the Mayor and City Clerk be authorized to execute the Don Beer Arena Concession Licence Agreement set out in Attachment 1 to which Cashew and Clive Catering Inc. be permitted to operate the Don Beer Arena Concession for a one year term beginning October 3, 2025 and ending April 30, 2026, subject to minor revisions acceptable to the Director, Community Services, and the Director, Corporate Services & City Solicitor; and 4. That the Mayor and City Clerk be authorized to execute the Chestnut Hill Developments Recreation Complex Arena Concession Licence Agreement set out in Attachment 2 to which Cashew and Clive Catering Inc . will be permitted to operate the Chestnut Hill Developments Recreation Complex Arena Concession for a one year term beginning October 3, 2025 and ending April 30, 2026, subject to minor revisions acceptable to the Director, Community Services, and the Director, Corporate Services & City Solicitor. 5. 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 award Request for Quotation No. Q2025-23 for Operation of the Don Beer Arena Concession, Request for Quotation No. Q2025-24 for Operation of Chestnut Hill Developments Recreation Complex Arena Concession, and seek approval to execute the Licence Agreements between the City of Pickering and Cashew and Clive Catering Inc. Section 06.12 of the Purchasing Policy (PUR 101) requires that revenue generating proposals for services are subject to the approval of Council prior to the Manager awarding the contract. CS 26-25 September 29, 2025 Page 2 The Don Beer Arena (DBA) Concession License Agreement (Attachment 1) and the Chestnut Hill Developments Recreation Complex (CHDRC) Arena Concession License Agreement (Attachment 2) are for a one-year term , respectively, beginning October 3, 2025 and ending April 30, 2026 (total of eight months). Under the terms of the Arena Concession License Agreements, Cashew and Clive Catering Inc. is responsible for operating the c oncession at DBA, and the c oncessions at CHDRC Arena for the purpose of selling items and services related to food and beverages. The c oncessions will operate Monday to Friday from 5:00 pm to 9:00 pm and Saturday to Sunday from 8:00 am to 8:00 pm, or extended/reduced hours as required to support tournaments and events. Request for Quotation No. Q2025-23 was advertised on the City’s bids&tenders portal on July 11, 2025 and closed on August 8, 2025. Three companies submitted responses for this project. Request for Quotation No. Q2025-24 was advertised on the City’s bids&tenders portal on July 11, 2025 and closed on August 8, 2025. Three companies submitted responses for this project. The Evaluation Committee, consisting of staff from Community Services, reviewed and evaluated submitted responses based on each respondent’s experience and qualifications and understanding of the project, and revenue to the City. All reference checks and required pre- conditions of the award have been received and approved. It is the recommendation of the Evaluation Committee to award the contract to Cashew and Clive Catering Inc. as the top- ranked Respondent. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthening Existing & Building New Partnerships. Financial Implications: The revenue to be generated from Cashew and Clive Catering Inc. will be based on monthly rental fees (inclusive of HST) for each respective site, as outlined below: Don Beer Arena Concession: Year Monthly Rental Fee Term Total Year 1 $2,350 $16,450 Year 2 $2,467 $19,740 Year 3 $2,591 $20,728 Year 4 $2,721 $21,768 TOTAL $81,036 CS 26-25 September 29, 2025 Page 3 Chestnut Hill Developments Recreation Complex Year Monthly Rental Fee Term Total Year 1 $1,500 $10,500 Year 2 $1,575 $12,600 Year 3 $1,654 $13,232 Year 4 $1,737 $13,896 TOTAL $51,728 The Purchasing Policy (PUR 010; Section 06.12) requires that revenue generating proposals for services are subject to the approval of Council prior to the Manager awarding the contract. Discussion: The purpose of this report is to award Request for Quotation No. Q 2025-23 for Operation of the Don Beer Arena Concession, Request for Quotation No. Q2025-24 for Operation of Chestnut Hill Developments Recreation Complex Arena Concession, and seek approval to execute the Licence Agreements between the City of Pickering and Cashew and Clive Catering Inc. 1. Procurement Process Request for Quotation No. Q2025-23 was advertised on the City’s bids&tenders portal on July 11, 2025 and closed on August 8, 2025. Three companies submitted responses for this project. Request for Quotation No. Q2025-24 was advertised on the City’s bids&tenders portal on July 11, 2025 and closed on August 8, 2025. Three companies submitted responses for this project. The Evaluation Committee, consisting of staff from Community Services, reviewed and evaluated submitted responses based on each respondent’s experience and qualifications and understanding of the project, and revenue to the City. All reference checks and required pre- conditions of the award have been received and approved. It is the recommendation of the Evaluation Committee to award the contract to Cashew and Clive Catering Inc.as the top- ranked Respondent. The term of the Agreements are to be for a period of one year. The City reserves the right to extend this contract, on an annual basis, for up to four years, provided that the Company’s performance is satisfactory, and the proposed Consumer Price Index pricing two months prior to the expiry date of the contract for each subsequent year is acceptable to the City . 2. Concession Services The DBA Concession is located on the main floor within the Don Beer Arena. The CHDRC Arena C oncession is located on the main f loor of the CHDRC and a secondary Concession is located on the second floor behind the stands inside the Delaney Rink. These Concessions provide much needed services to the users of the facilities. The Concession services offered by Cashew and Clive Catering Inc will include a wide variety of food and beverage options including hot and cold food items such as sandwiches and wraps, salads, fruit, french fries, hot CS 26-25 September 29, 2025 Page 4 dogs, muffins, coffee/tea and soft drinks. Cashew and Clive Catering Inc. also have a partnership with Pizza Pizza to sell pizza on site. The same food options will be available to sport user groups and patrons at both arenas. The services and products offered at the Concessions enhance the operation of DBA and CHDRC Arena as full-service destinations and are appreciated by the sport user groups using the facility. City staff recommend that the Arena Concession License Agreements set out in Attachment 1 and Attachment 2 be approved with Cashew and Clive Catering Inc . to operate the DBA and CHDRC Arena Concessions for a one-year term beginning October 3, 2025 and ending April 30, 2026. Attachments: 1.DBA Concession Licence Agreement 2.CHDRC Arena Concession Licence Agreement Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Kim Bradley Laura Gibbs, MBA, MSc. Special Advisor, Community Initiatives Director, Community Services Original Signed ByOriginal Signed By Marilou Murray Cathy Bazinet, CPPB, NIGP-CPP Manager, Community Services Administration & Manager, Procurement Strategic Initiatives Original Signed By Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer LG :kb CS 26-25 September 29, 2025 Page 5 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Richard Holborn For Attachment 1 to Report CS 26-26 Licence Agreement This Licence Agreement is made as of October 3rd 2025. Between: Cashew and Clive Catering Inc. (the “Operator”) and The Corporation of the City of Pickering (the "City") Whereas the City is the owner of the Don Beer Arena located at 940 Dillingham Road, Pickering, Ontario, L1W 1Z6 (the “Arena”); And Whereas the City is prepared to grant the Operator an exclusive licence to operate the Arena Concession. Now therefore the parties agree as follows: Definitions 1.In this Agreement, (a) “Arena Concession” means the facility located in the Arena for the operation of Food and Beverage Services as hereinafter defined. (b)“D irector” means the Director of the City's Community Services Department or a designate. (c)“S ervices” means the supply, provision and sale of items and services relating to food and beverage. (d)“O perator” means the owner/manager responsible for the delivery of food and beverage services from the Arena Concession; and (e)“Term” means the term of this Agreement, as set out in Section 2. Term 2. (1) The term of the agreement is to be for a period commencing October 3rd , 2025 and ending April 30th, 2026. The City reserves the right to extend this contract, on an annual basis, for up to four (4) years, provided that the Company’s performance, in the sole discretion of the City, is satisfactory 2 and furthermore provided the parties are able to agree on an acceptable fee amount for any subsequent years. (2) The City grants to the Operator a licence to operate the Services in the Arena Concession for the period beginning October 3, 2025 and ending April 30, 2026 (7 months total). The term may be extended and the Operator may provide the Services from May 1, 2026 until August 31, 2026 at the sole discretion of the City, which must be requested and approved in writing. (3) Either the Operator or the City may terminate this Agreement prior to its expiry date by providing ninety (90) days’ written notice to the other. Fees 3.1 The Operator shall pay to the City monthly installments of $2,350.00 inclusive of HST on the first day of each month in the total amount of: (a) October 1, 2025 ending April 30, 2026, for a total of $16,450.00 inclusive of HST. 3.2 Prior to the commencement of the term the Operator shall provide the City with seven (7) months of post-dated cheques. If the Operator fails to pay any of the monthly installments the City will notify the Operator of the default and if the default in payment is not remedied within 15 days of the Operator being notified the City may terminate this agreement effective immediately. Hours of Operation 4. (1) The Operator shall operate the Services during the term, seven days per week, between: (a) 5:00 pm and 9:00 pm Monday through Friday; and (b) 8:00 am and 6:00 pm Saturdays and Sundays, or as needed to support tournaments and events, and subject to closing for statutory holidays or any other reasons, only with the prior written approval of the Director. (2) In no event shall the Arena Concession be open before 7:00 am or after 11:00 pm on any day. (3) The Operator shall supply all equipment required for the operation of the Services at its expense. (4) The City shall provide water, heat, and electrical power for the operation of the Arena Concession at its expense. 3 (5) The Operator shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Arena is located, against the Arena Concession or as a result of the Services. (6) The Operator shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Concession, in keeping with the standards set for the operation and maintenance of the Arena. (7) The Operator shall not alter any part of the Arena Concession, nor install any fixtures thereto without the prior permission in writing of the Director. (8) The Operator shall comply with all applicable statutes, laws, by -laws and regulations, whether federal, provincial, municipal or otherwise at any time in effect during the term of the agreement. (9) The Operator shall maintain the Arena Concession in a safe, clean and neat condition and shall maintain all equipment used in providing the Services in good repair. (10) The Operator shall operate the Services in a proficient way and shall employ trained and courteous staff. Insurance 5. Prior to occupying the Arena Concession, the Operator, 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 Arena Concession and The Operators’ use and occupancy of the Arena Concession, with a cross liability clause and with coverage for any one occurrence or claim of not less than $2,000,000 CAD, whic h insurance shall protect the City in respect of claims by The Operators and Third Parties as if the City was separately insured; (b) All risk property insurance coverage for all equipment, furniture and property owned by the Operator while occupying the Arena Concession; (c) the Operator shall provide proof of automobile insurance for all vehicles used for the purpose of any works arising out of the occupation of the Arena Concession; and 4 (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Arena Concession, which insurance coverage shall be kept in full f orce and effect throughout the term . 6. The Operator shall not do or omit or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator 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 Arena Concession, the Operator shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operator and the Operator shall immediately vacate the Arena Concession. Liability of the City 7. The City shall not be liable to the Operator for any loss of or damage to the Arena Concession or any equipment or inventory contained therein, 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. 8. The Operator 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 the use and occupation of the Arena Concession by the Operator or those persons for who the Operator is responsible at law. Default 9. If at any time the Operator is in default in the performance of any of the obligations under this Agreement and such default continues for fifteen (15) days after the receipt by the Operator of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith, and thereupon all the rights of the Operator under this Agreement shall immediately cease and the City shall not be liable for payment to the Operator of any moneys whatsoever, including damages or lost profit, by reason of such termination. 10. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Arena Concession to satisfy the outstanding fees and the costs of collecting them. 5 11. Notwithstanding the termination of this Agreement, the provisions of Section 8, 9, and 10 shall continue to bind the Operator, and the Operator shall continue to be obligated to pay to the City all monies due to the City. General 12. The Director or designate shall have the right to enter the Arena Concession at any time for any reason, provided all reasonable efforts are made to minimize any disruption to the Operator’s use of the Arena Concession. 13. The Operator shall not exhibit or allow to be exhibited in the Arena Concession any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 14. This Agreement shall not be assignable by the Operator without the consent of the City, which consent may be arbitrarily refused. 15. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 16. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 17. The Operator shall not sublet, subcontract, assign, or contract out, the management/services of the Arena Concession at any time during this agreement. 18. (1) Any notice to the City under this Agreement 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 Operators under this Agreement shall be in writing and shall be delivered to the following address: Cashew and Clive Catering Inc. 147 Citation Drive Concord, ON L6A 0J4 Attention: Elik Farin 6 (3) Notice shall be sufficiently given if delivered in person or sent by registered mail during normal business hours on a business day. Business day shall mean Monday to Friday inclusive, excluding statutory holidays. (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. 18. This Agreement constitutes the entire understanding between the parties and supersedes all prior communications, negotiations, and agreements, whether written or oral and this Agreement be be amended only on the consent of the parties and if made in writing. 19. This Agreement shall be governed by the laws of the Province of Ontario. 7 IN WITNESS WHEREOF the parties have signed this Agreement. Cashew and C live Catering Inc. ____________________________________ Elik Farin, Owner/Manager (We have authority to bind the Corporation) The Corporation of the City of Pickering: ____________________________________ Kevin Ashe, Mayor ____________________________________ Susan Cassel, City Clerk Attachment 2 to Report CS 26-25 Licence Agreement This Licence Agreement is made as of October 3rd 2025. Between: Cashew and Clive Catering Inc. (the “Operator”) and The Corporation of the City of Pickering (the "City") Whereas the City is the owner of the Chestnut Hill Developments Recreation Complex located at 1867 Valley Farm Road, Pickering, Ontario, L1V 3Y7 (the “Arena”); And Whereas the City is prepared to grant the Operator an exclusive licence to operate the Arena Concession; Now therefore the parties agree as follows: Definitions 1.In this Agreement, (a) “Arena Concession” means the facility located in the Arena for the operation of Food and Beverage Services as hereinafter defined; (b)“D irector” means the Director of the City's Community Services Department or a designate; (c)“S ervices” means the supply, provision and sale of items and services relating to food and beverage; (d)“O perator” means the owner/manager responsible for the delivery of food and beverage services from the Arena Concession; and (e)“Term” means the term of this Agreement, as set out in Section 2. Term 2. (1) The term of the agreement is to be for a period commencing October 3rd , 2025 and ending April 30th, 2026. The City reserves the right to extend this contract, on an annual basis, for up to four (4) years, provided that the Company’s performance, in the sole discretion of the City, is satisfactory 2 and furthermore provided the parties are able to agree on an acceptable fee amount for any subsequent years. (2) The City grants to the Operator a licence to operate the Services in the Arena Concession for the period beginning October 3, 2025 and ending April 30, 2026 (7 months total). The term may be extended and the Operator may provide the Services from May 1, 2026 until August 31, 2026 at the sole discretion of the City, which must be requested and approved in writing. (3) Either the Operator or the City may terminate this Agreement prior to its expiry date by providing ninety (90) days’ written notice to the other. Fees 3.1 The Operator shall pay to the City monthly installments of $1,500.00 inclusive of HST on the first day of each month in the total amount of: (a) October 3, 2025 ending April 30, 2026, for a total of $10,500 inclusive of HST. 3.2 Prior to the commencement of the term the Operator shall provide the City with seven (7) months of post-dated cheques. If the Operator fails to pay any of the monthly installments the City will notify the Operator of the default and if the default in payment is not remedied within 15 days of the Operator being notified the City may terminate this agreement effective immediately. Hours of Operation 4. (1) The Operator shall operate the Services during the term, seven days per week, between: (a) 5:00 pm and 9:00 pm Monday through Friday; and (b) 8:00 am and 6:00 pm Saturdays and Sundays, or as needed to support tournaments and events, and subject to closing for statutory holidays or any other reasons, only with the prior written approval of the Director. (2) In no event shall the Arena Concession be open before 7:00 am or after 11:00 pm on any day. (3) The Operator shall supply all equipment required for the operation of the Services at its expense. 3 (4) The City shall provide water, heat, and electrical power for the operation of the Arena Concession at its expense. (5) The Operator shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Arena is located, against the Arena Concession or as a result of the Services. (6) The Operator shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Concession, in keeping with the standards set for the operation and maintenance of the Arena. (7) The Operator shall not alter any part of the Arena Concession, nor install any fixtures thereto without the prior permission in writing of the Director. (8) The Operator shall comply with all applicable statutes, laws, by -laws and regulations, whether federal, provincial, municipal or otherwise at any time in effect during the term of the agreement. (9) The Operator shall maintain the Arena Concession in a safe, clean and neat condition and shall maintain all equipment used in providing the Services in good repair. (10) The Operator shall operate the Services in a proficient way and shall employ trained and courteous staff. Insurance 5. Prior to occupying the Arena Concession, the Operator, 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 occur rence basis with respect to the business carried on at the Arena Concession and The Operators’ use and occupancy of the Arena Concession, with a cross liability clause and with coverage for any one occurrence or claim of not less than $2,000,000 C AD, which insurance shall protect the City in respect of claims by The Operators and Third Parties as if the City was separately insured; (b) All risk property insurance coverage for all equipment, furniture and property owned by the Operator while occupying the Arena Concession; 4 (c) the Operator shall provide proof of automobile insurance for all vehicles used for the purpose of any works arising out of the occupation of the Arena Concession; and (d) a certificate of insurance coverage in a form satisfactory to the City, prior to the Operator occupying the Arena Concession, which insurance coverage shall be kept in full f orce and effect throughout the term . 6. The Operator shall not do or omit or permit to be done anything which causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Operator 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 Arena Concession, the Operator shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operator and the Operator shall immediately vacate the Arena Concession. Liability of the City 7. The City shall not be liable to the Operator for any loss of or damage to the Arena Concession or any equipment or inventory contained therein, 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. 8. The Operator 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 the use and occupation of the Arena Concession by the Operator or those persons for who the Operator is responsible at law. Default 9. If at any time the Operator is in default in the performance of any of the obligations under this Agreement and such default continues for fifteen (15) days after the receipt by the Operator of notice from the Director setting out the particulars of such default, the City shall have the right to terminate this Agreement forthwith, and thereupon all the rights of the Operator under this Agreement shall immediately cease and the City shall not be liable for payment to the Operator of any moneys whatsoever, including damages or lost profit, by reason of such termination. 5 10. If any outstanding fees are not paid as required by this Agreement, the City shall be entitled to retain and dispose of any equipment installed in the Arena Concession to satisfy the outstanding fees and the costs of collecting them. 11. Notwithstanding the termination of this Agreement, the provisions of Section 8, 9, and 10 shall continue to bind the Operator, and the Operator shall continue to be obligated to pay to the City all monies due to the City. General 12. The Director or designate shall have the right to enter the Arena Concession at any time for any reason, provided all reasonable efforts are made to minimize any disruption to the Operator’s use of the Arena Concession. 13. The Operator shall not exhibit or allow to be exhibited in the Arena Concession any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 14. This Agreement shall not be assignable by the Operator without the consent of the City, which consent may be arbitrarily refused. 15. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 16. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 17. The Operator shall not sublet, subcontract, assign, or contract out, the management/services of the Arena Concession at any time during this agreement. 18. (1) Any notice to the City under this Agreement 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 6 (2) Any notice to the Operators under this Agreement shall be in writing and shall be delivered to the following address: Cashew and Clive Catering Inc. 147 Citation Drive Concord, ON L6A 0J4 Attention: Elik Farin (3) Notice shall be sufficiently given if delivered in person or sent by registered mail during normal business hours on a business day. Business day shall mean Monday to Friday inclusive, excluding statutory holidays. (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. 19. This Agreement constitutes the entire understanding between the parties and supersedes all prior communications, negotiations, and agreements, whether written or oral and this Agreement be be amended only on the consent of the parties and if made in writing. 20. This Agreement shall be governed by the laws of the Province of Ontario. 7 IN WITNESS WHEREOF the parties have signed this Agreement. Cashew and Clive Catering Inc. ____________________________________ Elik Farin, Owner/Manager (We have authority to bind the Corporation) The Corporation of the City of Pickering: ____________________________________ Kevin Ashe, Mayor ____________________________________ Susan Cassel, City Clerk