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HomeMy WebLinkAboutDecember 14, 2009 i REVISED ~tq o0 Executive Committee Meeting Agenda _ Monday, December 14, 2009 PI rKERI 7:30 pm Council Chambers Chair: Councillor Littley (1) MATTERS FOR CONSIDERATION PAGES 1. Director, Operations & Emergency Services Report OES 49-09 1-7 Don Beer Arena Pro Shop RECOMMENDATION 1. That Report OES 49-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit XPRT Marketing & Promotions to continue to operate a Pro Shop facility at Don Beer Arena from September 1, 2009 to April 30, 2012 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 2. Director, Operations & Emergency Services, Report OES 52-09 8-51 City of Pickering 2010 Annual Accessibility Plan -Endorsed by the Accessibility Advisory Committee for Council Consideration RECOMMENDATION 1. That Report OES 52-09 of the Director, Operations & Emergency Services regarding the City of Pickering 2010 Annual Accessibility Plan be received; and Accessible For information related to accessibility requirements please contact PICKS ~ I V Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobe rts(a)citvofpickerina.com Cary oo Executive Committee Meeting Age nda _ Monday, December 14, 2009 PI aEfiR I Chair: Councillor Littley 2. That Council endorse the City of Pickering 2010 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. 3. Director, Operations & Emergency Services, Report OES 55-09 52-62 Don Beer Arena Snack Bar Concession -Lease Renewal - Pickering Hockey Association RECOMMENDATION 1. That Report OES 55-09 of the Director, Operations & Emergency Services regarding the Lease Renewal - Pickering Hockey Association be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Concession Licence Agreement to permit the Pickering Hockey Association to continue to operate the snack bar concession facility at Don Beer Arena from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor, with the option of mutually extending this licence agreement for a further two years. 4. Director, Operations & Emergency Services, Report OES 56-09 63-74 Pickering Recreation Complex Arena -Snack Bar Concession RECOMMENDATION 1. That Report OES 56-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. i Caq o0 Executive Committee Meeting Agenda Monday, December 14, 2009 PI KERI Chair: Councillor Littley 5. Director, Operations & Emergency Services, Report OES 58-09 75-79 2015 Pan/Parapan American Games -Agreement to be a Host Municipality RECOMMENDATION 1. That Report OES 58-09 of the Director, Operations & Emergency Services regarding the 2015 Pan/Parapan American Games Agreement to be a Host Municipality be received; 2. That the City of Pickering participation in the 2015 Pan/Parapan American Games as a Host Municipality be endorsed; and 3. That the Mayor and the Clerk be authorized to enter into a multi-party agreement that identifies the 2015 Pan/Parapan American Games venues to the host municipalities and that is in the form and substance acceptable to the Director, Operations & Emergency Services and the Chief Administrative Officer. 6. Director, Corporate Services & Treasurer, Report CS 44-09 80-86 2009 Internal Loans and External Debentures RECOMMENDATIONS That Report CS 44-09 of the Director, Corporate Services & Treasurer regarding' internal loans and external debentures be received for information. 7. Director, Corporate Services & Treasurer, Report CS 45-09 87-89 2010 Interim Spending Authority RECOMMENDATION 1. That Report CS 45-09 of the Director, Corporate Services & Treasurer be received; 2. That the 2010 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1, pending approval of the formal 2010 Current Budget by Council; and o~ Executive Committee Meeting Agenda Monday, December 14, 2009 PI KERI Chair: Councillor Littley 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 8. Director, Corporate Services & Treasurer, Report CS 46-09 90-94 2010 Temporary Borrowing By-law RECOMMENDATION 1. That Report CS 46-09 of the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2010 current expenditures pending receipt of taxes and other revenues be established at $33,800,000 for the period January 1, 2010 to September 30, 2010 inclusive, and $16,900,000 thereafter until December 31, 2010; 3. That the temporary borrowing limit for capital purposes for 2010 be established at $22,700,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and 5. That the appropriate officials of the City of Pickering- be authorized to take the necessary actions to give effect thereto. 9. Director, Corporate Services & Treasurer, Report CS 47-09 95-112 Veridian - Inter-Creditor Agreement RECOMMENDATION 1. That Report CS 47-09 of the Director, Corporate Services & Treasurer regarding the Veridian - Inter-Creditor Agreement be received; 2. That the Mayor and Clerk be authorized to execute an Inter-Creditor Agreement in a form substantially as attached hereto and acceptable to the Director, Corporate Services & Treasurer, between the Toronto Dominion Bank, the Town of Ajax, the City of Belleville, the Municipality of Clarington, the City of Pickering, Veridian Corporation and Veridian Connections Inc. ; Ctq o0 Executive Committee Meeting Agenda A Monday, December 14, 2009 PI ?C_KERI Chair: Councillor Littley 3. That the Director, Corporate Services & Treasurer be authorized to undertake any discussions, negotiations or amendments to agreements necessary in order to put into effect the wishes of Council as expressed under these and previous Resolutions regarding this matter; and 4. That appropriate officials of the City of Pickering be given authority to give effect thereto. 10. Director, Corporate Services & Treasurer, Report CS 48-09 113-115 Section 357/358 of the Municipal Act- Adjustment to Taxes RECOMMENDATION 1. That Report CS 48-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. (II) OTHER BUSINESS (III) ADJOURNMENT Citq REPORT TO 'u' EXECUTIVE COMMITTEE PI C KERING Report Number: OES 49-09 Date: December 14, 2009 01 Subject: Don Beer Arena Pro Shop File: A-1440-001-09 Recommendation: 1. That Report OES 49-09 of the Director, Operations & Emergency Services be received and; that 2. The Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit XPRT Marketing & Promotions to continue to operate a Pro Shop facility at Don Beer Arena from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: XPRT Marketing & Promotions have an existing License Agreement to operate the Pro Shop at Don Beer Arena which expired on April 30, 2009. XPRT Marketing & Promotions have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommends that a renewal agreement be initiated with XPRT Marketing & Promotions. Financial Implications: Revenues: 2009/2010 $350.00/month X 8 months $2,800 Sustainability Implications: The use of existing space at the Don Beer Arena to provide a venue for sports related activities and the provision of rental income fits within the City's sustainable vision. Background On November 4, 2002 Council enacted By-law #6052/02 to authorize the execution of a License Agreement with Sun-Glo Marketing for the operation of a Pro Shop at Don Beer Arena. The agreement was subsequently extended by Council to April 30, 2009. During this time, the corporate name of the lessee changed to XPRT Marketing & Promotions. Report OES 49-09 December 14, 2009 Subject: Don Beer Arena Pro Shop Page 2 02 XPRT Marketing & Promotions have requested to renew this agreement again for a further year The renewal agreement allows for XPRT Marketing & Promotions to continue to operate the Don Beer Pro Shop from September 1, 2009 to April 30, 2010. XPRT Marketing & Promotions are currently paying the monthly fee of $350.00 per month for 8, months. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with XPRT Marketing & Promotions. Attachments: Draft Agreement Prepared By: Approved / Endorsed By: Tony Prevedel Everett Efa6isma Division Head, Facilities Operations Director, Operations & Emergency Services TP:mld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. u', ri, Chief Administ ive Officer CORP0227-07/01 revised ATTACHMENT# p TO REPO RT#~4q -0 of 03 THIS CONCESSION LICENCE AGREEMENT is made as of September 1, 2009. BETWEEN: WILLIAM (BILL) DAWSON, carrying on business as XPRT MARKETING & PROMOTIONS ("XPRT") and THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City is the owner of the Don Beer Arena; AND WHEREAS XPRT wishes to operate a pro shop in the arena. NOW THEREFORE the parties agree as follows: Definitions 1. In this Agreement, (a) "Arena Pro Shop" means the facility for the supply, rent or sale of items and services relating to ice hockey, skating, figure skating and ringette located in the Don Beer Arena owned by the City located at 940 Dillingham Road in the City of Pickering; (b) "Director" means the Director of the City's. Operations and Emergency Services or a designate; and (c) "term" means the term of this Agreement, including any renewal, as set out in Section 2. Term 2. (1) The City grants to XPRT the right to operate the Arena Pro Shop for the-purpose of supplying, renting or selling items. and services relating to ice hockey, skating, figure skating and ringette during the months of September to April, both inclusive, for the period beginning September 1, 2009 and ending April 30, 2010. XPRT shall not be permitted to sell any products sold in the snack bar concession. (2) Either XPRT or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. ATTACHMENT# TO REPORT# XPRT Marketing Arena Pro Shop Agreement -~Qf s Page 2 04 Fees 3. XPRT shall pay to the City the sum of $2,800.00 in equal monthly installments of $350 on the first day of each of the 24 months (September to April) of the term of this agreement. Operation 4. (1) XPRT shall operate the Arena Pro Shop during the term, keeping it open to the public every day, between, (a) 5:00 p.m. and 10:00 p.m. Monday through Friday; and (b) 7:00 a.m. and 9:00 p.m. Saturday and Sunday, subject to the alteration for holidays or other reasons.only with the prior written approval of the Director. (2) In no event shall the Arena Pro Shop be open before 7:00 a.m. or after 11:00 p.m. on any day. (3) XPRT.shall supply all equipment required for the operation of the Arena Pro Shop at its expense. (4) The City shall provide electrical power for the operation of the Arena Pro Shop at its expense. (5) XPRT shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Don Beer Sports Arena is located, against the Arena Pro Shop or against XPRT as a result of its operation of the Arena Pro Shop. (6) XPRT shall comply with all reasonable standards set by the Director for the operation and maintenance of the Arena Pro Shop in keeping with the standards set for the operation and maintenance of the facility in which it is located. Insurance 5. Prior to occupying the Arena Pro Shop, XPRT, 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 Pro Shop and XPRT's use and occupancy of the Arena Pro Shop, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the City in respect of claims by XPRT as if the City was separately insured; 2 A'.7ACHMENT#._1- TOREPORT# a gq--097 XPRT Marketing Arena Pro Shop Agreement of S- Page 3 05 (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Arena Pro Shop. for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the City, prior to XPRT occupying the Arena Pro Shop, which insurance coverage. shall be kept in full force and effect throughout the term. 6. XPRT 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, XPRT 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 Pro Shop, XPRT shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if XPRT shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to XPRT and XPRT shall immediately vacate the Arena Pro Shop. Liability of the City 7. The City shall not be liable to XPRT for any loss of or damage to the Arena Pro Shop 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. 8. XPRT 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 XPRT's use and occupation of the Arena Pro Shop. Default 9. If at any time XPRT is in default in the performance of any of the obligations under this Agreement and such default continues for 15 days after the receipt by XPRT 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 XPRT under this Agreement shall immediately cease and the City shall not be liable for payment to XPRT of any moneys whatsoever 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 Pro Shop in order to satisfy the outstanding fees and the costs of collecting them. 3 k(,hMENT# TOREPORT#16-6S XPRT Marketinq Arena Pro Shop Agreement Page 4 06 General 11. The Director shall have the right to enter the Arena Pro Shop at any time for any reason provided all reasonable efforts are made to minimize any disruption to XPRT's use of the Arena Pro Shop. 12. XPRT shall not exhibit or allow to be exhibited in the Arena Pro Shop any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 13. This Agreement shall not be assignable by XPRT without the consent of the City, which consent may be arbitrarily refused. 14. This Agreement shall ensure to the. benefit of and be binding upon the parties and their 'respective successors and permitted assigns. 15. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 16. (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 Esplande Pickering, Ontario L1V 6K7 Attention: City Clerk (2) Any notice to XPRT under this Agreement shall be in writing and shall be delivered to the following address: XPRT 1161 Cedarcroft Crescent Pickering, Ontario L1X 1R9 Attention: Bill Dawson (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. 4 Al CkMENT#-J TOREPORT# OES74-q-o~ XPRT Marketing Arena Pro Shop Agreement of Page 5 07 IN WITNESS WHEREOF the parties have signed this Agreement. I WILLIAM (BILL) DAWSON, carrying on business as XPRT MARKETING & PROMOTIONS. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, (Acting) Clerk 5 REPORT TO EXECUTIVE MEETING I KERI G Report Number: OES 52-09 Date: December 14, 2009 08 From: Everett Buntsma Director, Operations & Emergency Services Subject: City of Pickering 2010 Annual Accessibility Plan - Endorsed by the Accessibility Advisory Committee for Council Consideration File: A-1400 Recommendation: 1. That Report OES 52-09 regarding the City of Pickering 2010 Annual Accessibility Plan be received; and 2. That Council endorse the City of Pickering 2010 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. Executive Summary: The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. The ODA mandates that all municipalities prepare annual accessibility plans. By the end of 2010, the City of Pickering aims to review and/or remove the barriers identified in the 2010 Annual Accessibility Plan. Over the next several years, the City of Pickering aims to address all facility related improvements as outlined in the City's 2000 Accessibility Audit. Financial Implications: As a result of the City of Pickering 2000 Accessibility Audit Report, the City of Pickering made a commitment to include $25,000 in the annual capital budget to remove or prevent facility related barriers. Over the years, this figure has risen and in 2007 the City of Pickering committed a total of $35,000 in its annual capital budget. As a result, many of the facility related barriers included in the 2010 Annual Accessibility Plan would draw on these funds identified under capital account 2719.6183. The potential costs to complete the policy and service related barriers have not yet been determined and will be subject to approved 2010 capital and operating budgets. Any Report OES 52-09 December 14, 2009 Subject: City of Pickering 2010 Annual Accessibility Plan Page 2 09 barrier that cannot be completed within the 2010 approved capital or operating budget will be deferred to future annual accessibility plans. I Sustainability Implications: The City of Pickering is committed to meeting the needs of all its citizens. The Annual Accessibility Plan is one way to continually assess our service delivery and remove barriers where they exist. A barrier free municipality fosters a community where civic pride and civic participation can be maximized. The engagement of all its citizens is a fundamental component to achieving a sustainable community. Removing barriers enables full community participation for generations to come. Background:. The Ontarians with Disabilities Act, 2001 (ODA) received Royal Assent on December 14, 2001. The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. Under the Act, all municipalities are required to prepare annual accessibility plans, make the plans public and consult persons with disabilities. According to the Ontario Accessibility Directorate within the Ministry of Citizenship, the purpose of the Annual Accessibility Plan is to describe the measures that the municipality has taken in recent years and the measures the municipality will be taking in the coming year to identify, remove and prevent barriers to people with disabilities. According to the requirements of the Ontarians with Disabilities Act, 2001 (ODA), the City of Pickering has prepared the 2010 Annual Accessibility Plan. The City's plan is for the period of January 2010 to December 2010. The barriers identified in the 2010 Plan were based on information collected from City staff. The 2010 Annual Accessibility Plan has been reviewed and endorsed by the City of Pickering Accessibility Advisory Committee. In order to make the plan available to the public, the City of Pickering will place an advertisement in the local newspaper to announce the completion and availability of the 2010 Annual Accessibility Plan,. The public will be able to access the 2010 Annual Accessibility Plan electronically via the City of Pickering website or by picking up a hard copy at the Pickering Civic Complex or Pickering Central Library. CORP0227-07/0.1 revised Report OES 52-09 December 14, 2009 Subject: City of Pickering 2010 Annual Accessibility Plan Page 3 A~ttAchments: 1. City of Pickering 2010 Annual Accessibility Plan Prepared By: Approved / Endorsed By: Marisa C r ino J Stephen olds Supervi , Culture & Recreation Division Head, Culture & Recreation Approved / i- ~orsed B V sm Director, Operations & Emergency Services MC:mc Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council l III I~ Thomas J. Q in , RD , MM III Chief Administ ative Officer CORP0227-07/01 revised Attachment #1 to Report #OES52-09 Ctrs 00 1 of 41 I's ' 1 1 2010 Annual Accessibility Plan January 2010 - December 2010 Section 1: Municipal Jurisdiction(s) Participating in this Plan City of Pickering Address: Pickering Civic Complex One The Esplanade Pickering, ON L1 V 6K7 Key Contact: Prem Noronha-Waldriff Coordinator, Community Recreation Programs 905.420.4660 ext. 3229 pnoronha-waldriff@cityofpickering.com The City of Pickering is Toronto's eastern neighbour and home to a growing community that blends business opportunities, cultural diversity and historical rural settings with a picturesque Lake Ontario waterfront. The City of Pickering is committed to making Pickering an attractive place in which to live, work and invest. Within 22,652 hectares, the City of Pickering boasts top- quality municipal sports fields and recreation programs, quarter-million square foot recreation complex, 19th century interpretive museum, libraries, many community and neighbourhood parks, conservation areas, new waterfront facilities and hiking trails. In 2008, Pickering's estimated population stood at 92,813. The Corporation of the City of Pickering employs 416 staff to meet the needs of its residents. The City of Pickering's main administration building is located at the Pickering Civic Complex, One The Esplanade in Pickering and can be reached at 1.866.683.2760 or TTY 420.1739. The Corporation also maintains satellite facilities for Library Services, Fire Services, Recreation Complex, Community Centres, Pickering Museum Village, and an Operations Centre. 1 Attachment #1 to Report #OES52-09 12 0? of 41 The Corporation operates within five (5) departments headed by the Chief Administrative Officer (Office of the CAO) and they include: Administration Department • Customer Care Centre • Human Resources Division • Legal Services Division Office of Sustainability • Marketing & Business Development • City & Economic Development • Sustainability • Website Corporate Services Department • Finance & Taxation • Accounting Services • Supply & Services • Information Technology • Internal Audit • Clerks Division Operations & Emergency Services Department Culture & Recreation Division • Facilities Operations Division • Fire Services Division • Municipal Property & Engineering Division Planning & Development Department • Planning • Information & Support Services • Development Control • Building Services Library Services are the responsibility of the Pickering Public Library Board, which is appointed by Pickering Council. Section 2: Other Organizations & Agencies Participating in this Plan None 2 it Attachment #1 to Report #OES52-09 of 41 13 Section 3: Consultation Activities City of Pickering staff • Completed a workbook to assess past initiatives, identify current barriers and action items to remove those barriers • Input from working group was collected in October 2009 City of Pickering Accessibility Advisory Committee (AAC) • Completed review and discussion of the draft 2009 Annual Accessibility Plan at their committee meeting in October 2009 and provided comments. i 3 Attachment #1 to Report #OES52-09 4 tf- of 41 Section 4: Plan Develo ment Working Group (CORE Group) Working Group Member Department/Division Contact TelephonefM Represented & Email Marisa Carpino Culture & Recreation Phone: 905.420.4660 ext. 3223 mcarpino@cityofpickering.com Prem Noronha-Waldriff Culture & Recreation Phone: 905.831.1711 ext. 3229 TTY: 831.8604 noronha-waldriff cit of ickerin .com Tony Prevedel Facilities Operations Phone: 905.420.4660 ext 2099 tprevedel@cityofpickering.com Lynda Taylor Planning Phone: 905.420.4617 ext. 2035 Itaylor(cD-cityofpickering. com (Tim Moore) Chief Building Official Phone: 905.420.4631 ext. 2070 tmoore cit of ickerin .com Lisa Harker Clerks Phone: 905.420.4611 ext. 2097 Iharker -cityofpickering.com Jennifer Parent Human Resources Phone: 905.420.4627 ext. 2160 iparent@cityofpickeripg.com Judy Hodgson Customer & Phone: 905.420.4648 Administrative TTY: 420.1739 Services ihodgson@cityofpickering.com Deputy Fire Chief Fire Services Phone: 905.839.9968 Simon Almond Community Emergency salmond(cD-citvofpickering.com Management Program Fire Chief Bill Douglas Fire Services Phone: 905.839.9968 ext. 2080 bdouglas@cityopickering.com Richard Holborn Municipal Property & Phone: 905.420.4630 ext. 2049 Engineering rholborn(a)-cityofpickering.com Darrell Selsky Supervisor, Engineering & Capital Phone: 905.420.4630 ext. 2149 Works dselsky@cityofpickering.com Gilbert Boehm Library Services Phone: 905.831.6265 ext. 6225 gilbertb(aD-picnet.org TTY: 905.831.2789 Stan Karwowski Taxation, Accounting, Phone: 905.420.4634 ext. 4640 Supply & Services skarwowski@cityofpickering.com Jon Storms Information Phone: 905.420.4660 ext. 2163 Technology is.torms@cityofpickering.com Chantal Whitaker Office of Phone: 905.420.4625 ext. 2170 Sustainability cwhitaker(aD-cityofpickering.com 4' Attachment #1 to Report #OES52-09 of 41 15 Initiative: Previous City of Pickering Annual Accessibility Plan's identified barriers and strategies with timelines to address these barriers. Methods Used to Identify Barriers: Status ;Metliodolo Description Annual Accessibility Information from each Submissions were Workbook issued to City area regarding recent completed in October in October 2009 to staff initiatives to remove 2009 for their comments. barriers and strategies to remove existing barriers Responses were in the coming year. reviewed and included (where appropriate) into the 2010 Annual Accessibility Plan. The City of Pickering The AAC were provided Suggested changes were Accessibility Advisory an opportunity to review accommodated in the Committee (AAC) the 2009 Annual City's final 2010 Annual consulted on the City's Accessibility Plan (draft) Accessibility Plan Accessibility Advisory and make comments at Plan. their October 2009 advisory committee meeting. CORE Plan Development The Plan Development Updates of the 2009 Working Group Updates. Working Group provided Accessibility Plan are regular updates in 2009 incorporated into this to the 2009 Accessibility plan. Plan. Existing and new barriers were discussed. Input collected for the 2010 Annual Accessibility Plan. 5 6 Attachment #1 to Report #OES52-09 of 41 Barriers Identified & Status: Items Outstanding from 2003/04 Accessibility Plan: Barrier & Type Strategy for Status removal/ prevention Citizens who have Have an Evacuation and This is the responsibility special accessibility Transit Plan that of the Region of Durham. needs are not considered addresses the needs of "The Durham Region in the current emergency all citizens. Evacuation and plans. Sheltering Plan" incorporates a very Technological/Procedural comprehensive document published by N.F.P.A. entitled Emergency Evacuation Planning Guide for people with disabilities. This new plan is now in lace. Entrance to Claremont Level entrance threshold This requires significant Community Centre is to the interior surface of site works, which has inaccessible to the Claremont been budgeted for in wheelchair users Community Centre. 2009 but not yet completed. Physical 6 Attachment #1 to Report #OES52-09 - of 41 17 Items Outstanding from 2004/05 Accessibility Plan: Barrier Type Strategy for Status removal/ prevention North access to change Modify access to include Completed rooms at Pickering automatic doors and card New doors have been Recreation Complex is access. installed but still have to not easily accessible be automated with our security system. Physical East Entrance to East This will be accomplished Project has been Shore Community Centre in 2009 with the rescheduled for 2010 is not easily accessible proposed reconstruction of repair of parking lot. Physical Greenwood Branch The washrooms, Completed Library is not accessible entrance and access to to anyone in a wheelchair the book drop are not New front entrance auto and would provide some accessible. This is an old doors still have to be problems to anyone building of some installed. without full mobility historical value and to renovate at this time . would be extremely costly. A new fully accessible facility to serve our northern clientele may well be an option should we realize significant growth in the north. Review against priorities set in the Architectural accessibility audit. 7 Attachment #1 to Report #OES52-09 18 'g' of 41 Items Outstanding from 2005/06 Accessibility Plan: Barrier Type Strategy for Status removal/ prevention Lack of a system to The full implementation Public Alerting project is provide emergency of a community wide completed but the communications for public alerting system will program is deemed it to visually impaired and address this barrier be lacking. Further work hearing impaired citizens is being scheduled. This is still a pending item for Policy/Practice the future. Emergency plans and The Community Both exercises conducted procedures that do not Emergency Management in 2009 have incorporated address the need of Plan, and procedures are services and issues citizens who may require being written to address related to accessibility specific assistance during these issues. Future and also vulnerable a community emergency emergency exercises will population. We will or major crisis include scenarios that continue to incorporate require emergency these inputs in future Policy/Practice managers to take action training initiatives. to address accessibility Emergency Management needs Ontario has published a document entitled Emergency Preparedness Guide for people with disabilities and special needs. This document is available to the public and is part of our public education initiatives. Entrance door at ESCC. Consider installing an Completed ESCC gymnasium doors automatic door. leading from gym to A chair lift and automatic seniors centre are Re-design entrance doors have been installed inaccessible on the eastern portion of the building so that the Physical m is accessible. Inadequate signage at Informational Defer to 2010. the .six key municipal Prior to completing this facilities item consideration may want to be give to Communicational adopting a City standard so that all buildings are signed in a similar manner. Whitevale Branch Library Physical layout is Defer to 2011 is inaccessible inaccessible Architectural 8 Attachment #1 to Report #OES52-09 6 of 41 Items Outstanding from 2006/07 Accessibility Plan: 19 Barrier Type Strategies for removal or Status prevention Non-accessible entry Corrective measures Not feasible due to doors - there is no button depend on budget security constraints. to open entry doors capabilities and Door must be locked at Corporate Services committee discussion. all times to restrict public access to Corporate Physical/Architectural Review conducted. Services. Staff will open the door for anyone that is permitted access. Develop and Implement a Consultation and Project has been Comprehensive Public participation with and completed. Potential Alerting System. from other levels of inadequacies have been government are routinely identified and are being Developing emergency used to address these evaluated by our plans requires matters. contractor. Anticipated cooperation from other Completion is 2011. levels of government. The matters of public alerting, evacuation, and emergency transit are examples of issues that pose extra challenges to the City when attempting to adequately develop plans and procedures. Policy/Practice Benches in Rec. Wider benches to be Completed Complex family installed in cubicles. changerooms are not All benches in the wide enough to change cubicles have been kids with special needs enlarged. Physical Soap dispensers in the Lower soap dispenser on To be completed by Banquet Halls of the Rec. the wall. December 31, 2009. Complex washrooms are not low enough for young campers or people in wheelchairs to reach. Physical 9 Attachment #1 to Report #OES52-09 20 10 of 41 Barrier Type Strategies for removal or Status prevention Sink and soap dispenser Lower counter with sink To be completed by in PCCC washrooms are and soap dispenser. December 31, 2009. too high for someone in wheelchair to reach Physical Inaccessible entrance Improve driveway Major structural and washroom at WSCC entrance, parking lot, renovations required. electrical/plumbing/HVAC Physical systems, ramp and Still under review. program viewing and make washroom accessible. Don Beer Arena: No Replacing doors and Will be completed with automatic door to install automatic door 2010 Don Beer washrooms in Rink 1 Renovation Project Lobby Physical No accessible access to Create an elevated Will be completed with bleachers in Rink 1 & 2 platform area at the south 2010 Don Beer and very poor sight line end of each rink for Renovation Project for people in wheelchairs wheelchair users at rink boards Physical Inaccessible Sidewalks Waterfront Trail from Will be completed in Marksbury Road to Park 2010 Capital Works Project Crescent - will have curb Physical depressions installed for wheelchair and scooter access Application Counter in Consider re-designing a Barrier Free counter and Planning & Development portion of the counter to revised entry gate design is too high and entry gate make it accessible to has been completed is not fully barrier free wheelchairs, if and when the counter is expanded Construction will be Physical considered when P & D area is reviewed for improvements through the City's budget. 10 i Attachment #1 to Report #OES52-09 11 of 41 21 Barrier Type Strategies for removal or Status prevention Lack of Design standards Finalize Site Plan Revisions requested by in the Site Plan Procedural Manual ACC have been procedural manual to Chapter pertaining to incorporated into design assist development Accessibility design. standards review process. standards, Completion of Final Communicational manual is ongoing and Policy/Practice expected to be complete b June 2010 I 11 Attachment #1 to Report #OES52-09 22 a of 41 Items Outstanding from 2008 Accessibility Plan: Barrier Type Strategies for removal or Status prevention Typefaces. Policies and Procedures Complete have been implemented A Communications Informational and staff have been Standard Operating trained through the Procedure has been Accessible Customer developed which Service Standards. This addresses typefaces. is also under review with the impending Information & Communication Standard. The information on our Have the list of City Complete website(s) is only translators available on Staff are also considering available in English. the website Language Line Services in our 2010 budget. This Informational will be coordinated through our Customer Care Centre. Corporate promotional To put corporate Working towards W3C materials (print) may be promotional materials on compliance level 2 by difficult to read for the our website(s) - resident 2010. visually impaired would need to have reading software Browse aloud and Informational information tags were added in 2009. Additional enhancements are under review. I 12 Attachment #1 to Report #OES52-09 13 of 41 23 Barrier Type Strategies"for'removal or Status prevention Hearing accessibility for Sign Complete. the Hearing Impaired Language This is included in our (recommended from Training Accessibility Standards Corporate Services) for Customer Service policies, procedures and Informational training initiatives that will be completed over the course of 2009 to ensure full compliance by January 1, 2010. Specific training for sign language will not be included, however, training on how to communicate with the people with disabilities will be.undertaken with related Standard Operating Procedures and Policies to address the needs. TTY lines are available. Interpreters can be arranged given a specific request. Liverpool Road South Install Curb Depressions Deferred until 2010 Sidewalk Installation Physical Sheppard'Avenue Install Curb Depressions Fall 2009 Completion Sidewalk Installation Physical Westshore Boulevard Install Curb Depressions Deferred until 2010 Sidewalk Improvements Physical 13 Attachment #1 to Report #OES52-09 24 14 of 41 Pickering Recreation Complex: Barrier Type Strategies for removal or Status prevention Benches in members Increase the height of Ongoing change rooms too high benches in the members for patrons. change rooms to better accommodate Physical seniors/disabled who have trouble getting down to the low benches now - also make them wider. Washroom doors in Install accessible door Requires budget family change rooms not access to the washrooms allocation. accessible (2) in the family change rooms. (2) Physical Determine if these doors .are able to have power bars attached. Grab bars required in Install various grab bars Most washrooms have washrooms. in washrooms as been retrofitted. This required. (lobby) item will be completed by Physical Dec. 31St 2009. Registration Counter is Obtain quote to complete Planned for 2010 too high for persons in a this project. wheelchair.. Physical Pickering Museum Village: Barrier Type Strategies for removal or Status prevention Redman House: Install - power doors for _ Will be considered Main door and entrance and washroom against other budget washrooms are not doors. priorities accessible. Physical 14 i Attachment #1 to Report #OES52-09 1 of 41 25 Don Beer Arena: Barrier Type Strategies for removal or Status prevention Washroom doors are not Replace existing two Will be completed with accessible. (Rink 1) washroom doors in old 2010 Don Beer section (Rink One lobby) Renovation Project Physical with new doors that are operated by a power opener using push-pads Remove or modify old Obtain quote to complete Will be completed with entrance (Rink One) this project. 2010 Don Beer ramps - to discourage Renovation Project this being used by persons with a disability - the new entrance (near the handicap parking) is fully accessible with no elevation changes. Physical West Shore Community Centre: Barrier Type Strategies for removal or Status prevention Washrooms not Power doors for Major structural accessible. washrooms (2) renovations required. Physical Under review. Proper grab bars for' Install grab bars This item will be . washrooms. completed by Dec. 31St 2009. Physical East Shore Community Centre: "Barrier Type Strategies for removal or Status prevention Exterior ramp only has 1 Install 2" handrail if To be completed as part handrail required. of the 2010 Parking Lot Renovation Project. Physical 15 Attachment #1 to Report #OES52-09 26 of - 41 Items Outstanding from the 2009 Annual Accessibility, Plan: OPERATIONAL REVIEW Administration Department: Barrier Type Strategies for removal or Status prevention Making the City Website Redesign website A staff team is currently accessible working on implementing changes to meet the 2010 changes to the Accessibility Standards Act. To be implemented in 2010. MP&E: Barrier Type Strategies for removal or Status prevention Westshore Boulevard - Install Curb Depressions Defer to 2010 Oklahoma Drive to at intersections for Sunrise Avenue Road sidewalk access Reconstruction including new curbs Toy Avenue - Road Install Curb Depressions Defer to 2010 Reconstruction including at intersections for new concrete curbs & sidewalk access sidewalks Luna Court - Road Install Curb Depressions Completed Reconstruction including at intersections for new curbs sidewalk access Wharf Street New Install Curb Depressions Defer to 2010 Sidewalk Installation west at intersections for of Liverpool Road sidewalk access All Facilities: Barrier Type Strategies for removal or Status prevention Grab Bars: Install grab bars in 40 Most grab bars have 30" by 30" L-Shaped disabled washrooms. been installed. All required. remaining grab bars to be installed b Feb. 2010. Paper Dispensers: Install over 300 Most dispensers have Toilet paper and paper dispensers at the proper been installed. All towel dispensers are too height, in every remaining dispensers to high. washroom. be installed by Feb. 2010. 16 Attachment #1 to Report #OES52-09 4 of 41 27 All Facilities Continued: Barrier Type Strategies for removal or Status prevention Soap Dispensers: Install over 50 dispensers Most dispensers have Soap dispensers are too at the proper height, in been installed. All high. every washroom remaining dispensers to be installed by Feb. 2010. Signage: Under review for all To be completed by Dec. Inadequate signage at all facilities. 31St 2010 pending the, Facilities development of a Corporate Standard. Mirrors: Install 40 Angled Mirror at Install 40 Angled Mirror at Most washrooms do not the proper height, in the proper height, in have an Angled Mirror for every washroom. every washroom. Some wheelchair use. washrooms have been retrofitted. Remaining washroom retrofitting requires budget allocation. Counters: Install new counters in Numerous washrooms Most washroom counters every washroom. counters have been not at the proper height. retrofitted. Remaining washroom retrofitting requires budget allocation. Lever Taps: Install 1 Lever Style set Some washrooms have Most washrooms do not of taps in every been retrofitted. have lever style taps. washroom. Remaining washroom retrofitting requires budget allocation. Auto Soap Dispensers: Install 1 Auto Soap Requires budget No Hands Free Auto dispenser in every allocation. Dispensers in any washroom. washroom. Auto Paper Dispensers: Install 1 Auto Paper towel Requires budget No Hands Free Auto dispenser in every allocation Dispensers in any washroom. washroom. 17 Attachment #1 to Report #OES52-09 28 of 41 Pickering Museum Villa e: "Barrier Type Strategies for removal or Status prevention Install 3 Power Doors as Install3 Power Doors as Not yet completed required. required. Log Barn: Install access ramp (built Will be completed in No Access Ram b MP&E 2010 Walkway: Redesign walkway Scheduled to be Hill from Admin. Building completed in 2010 to Village not accessible. East Shore Community Centre: Barrier Type Strategies for removal or Status prevention Washrooms: Possible Resolution 1: This resolution refers to Not Accessible Renovate the existing the washrooms at West Maintenance Room at Shore C.C and is under the Front Entrance. review as part of a major renovation project. Possible Resolution 2: This resolution refers to Renovate the existing the washrooms at West Office that has been Shore C.C and is under loaned to the review as part of a major Gingerbread Daycare. renovation project. Possible Resolution 3: This resolution refers to Construct a new front the washrooms at West entrance in the alcove Shore C.C and is under on North side of the review as part of a major building that includes an renovation project. Accessible/Family style Washroom. 18 Attachment #1 to Report #OES52-09 29 of 41 East Shore Communit Centre: Barrier Type Strategies for removal or Status revention Exterior Ramp: Railing Defer to 2010 Add 1 railing on the north side. Disabled Parking: Add reserved spaces to Complete as part of No reserved spaces on the parking loat Parking Lot Improvement the east side of Facility. Capital Project. Defer to 2010. Access to Gymnasium: Install Chair Lift Completed The gym is not An chair lift has been accessible from the installed so access is Seniors Centre entrance provided via the doors on the east side of the m. Pickering Recreation Complex: Barrier Type Strategies for removal or Status prevention Family Changerooms: Widen benches Completed Benches not wide Wider benches to be enough installed in cubicles. Family Changerooms: Lower benches Completed Benches too high. Renovate or install new seating all seating to the ro er height. Men's Washroom - Level Renovate washrooms Completed 2; Washroom is not Washrooms have been accessible. renovated and are totally accessible. Women's Washroom - Renovate washrooms Completed Level 2; Washroom is not Washrooms have been accessible. renovated and are totally accessible. Family Changeroom: Review options Determine if Auto Doors No Auto Door for Openers are possible Washrooms (2) and.have them installed. Requires Budget Allocation. Registration Counter: Redesign counter Planned for 2010 Too high for people in a wheelchair. Banquet Hall Doors: Install automatic doors Completed No Auto Door openers. Automatic doors installed. 19 3 0 Attachment #1 to Report #OES52-09 ao of 41 Greenwood Libra : 'Barrier Type Strategies for removal or Status prevention Entrance: Renovations Completed. Entrance and Book Drop is not accessible to Renovations are required anyone in a wheelchair. to automate the front doors. Claremont Community Centre: Barrier Type Strategies for removal or Status prevention Entrance: Level threshold Threshold must be Is inaccessible to levelled to the entrance wheelchair users sidewalk but not yet completed. Parking: Include parking spaces Include Parking Spaces Is inaccessible to part of 2009 Driveway wheelchair users Improvements but not yet completed. Greenwood Community Centre: Barrier Type Strategies for removal or Status prevention Inaccessible Public Renovations Completed. Meeting locations Renovations are required to automate the front doors. Libra Services: Barrier Type Strategies for removal or Status prevention Website is not compliant Redesign website New catalogue will be with the Ontario installed in 2010 which Disabilities Act. can be used by a screen reader. Website cannot be read by a print disabled Library team will be person who has reading working on new website software on a computer. in 2010 to make it accessible. 20 Attachment #1 to Report #OES52-09 of 41 31 DECISION MAKING REVIEW Administration Department: Barrier Type Strategies for removal or Status prevention As a municipality, the Develop Policies and Completed City of Pickering must Procedures. comply with O.Reg. Policies and Standard 429/07 by January 1, Operating Procedures 2010. and training completed. In order to meet the requirements of this Policies: regulation, the City of Customer Service Policy Pickering must establish Accessible Customer policies, procedures and Service Policy processes governing the provision of its good and Procedures: services to persons with Communication and disabilities and it must Communications provide training to its Checklist employees on delivering Complaint Resolution customer services to and Citizen Feedback people with disabilities. Accessible Meetings Program Cancellations & Service Disruption Service Animals & Support Persons Training Planning & Development: Site Plan Manual to Complete site manual Staff to complete manual assist development by June 2010 review of site plan submissions is not yet complete Libra Services: Website is not compliant Redesign website New catalogue will be with the Ontario installed in 2010 which Disabilities Act. can be used by a screen reader. Website and catalog cannot be read by a print Library team will be disabled person who has working on new website reading software on a in 2010 to make it computer. accessible. 21 1 2 Attachment #1 to Report #OES52-09 of 41 The following Policies Policies/Procedures not and Procedures have compliant with the been developed to meet Ontario Disabilities Act. the requirements of the legislation including training. Policies: Accessible Customer Service Policy Procedures: Program Cancellations & Service Disruption Service Animals & Support Persons Training Communications Checklist Accessible Meetings Last two procedures to be completed by Jan 1, 2010. i 22 Attachment #1 to Report #OES52-09 9,3 of 41 33 Section 5: Operational Review . - 5.1 Administration Department The Administration Department is responsible to ensure that the Corporation is operating with administrative effectiveness and providing an accountable and responsive government. The work teams include: • Customer Care Centre • Human Resources Division • Legal Services Division Operational Review: Review Date Review Method olo Status October 16, 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention Administration Counter is Physical Counter redesign and not accessible construction 5.2 Office of Sustainability The Office of Sustainability is. responsible for managing the City's sustainability initiatives and business development. The work teams include: • Marketing & Business Development • City & Economic Development • Sustainability • Website Operational Review: Review Date Review Methodology Status 2009 Staff and consulting Planned services will be used for Website was review Brousealoud enabled in 2009 List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention Corporate website Technological Proposed funds in 2010 budget to revise the corporate website; but, website was Brousealoud enabled in 2009. 23 3 4 Attachment #1 to Report #OES52-09 of 41 5.3 Corporate Services Department The Corporate Services Department is responsible for managing the financial affairs of the Corporation, including Taxation, Accounting, Supply & Services, Information Technology and Clerk's. The work teams include: • Finance & Taxation • Accounting Services • Supply & Services • Information Technology • Internal Audit • Clerks Division Review Date Review 'Methodology Status October 7, 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 5.4 Operations & Emergency Services Department The Operations & Emergency Services Department administrates and coordinates the efforts of the operational services division to ensure efficient and responsive delivery of the services of the following work teams: Operations & Emergency Services Department • Culture & Recreation Division • Facility Operations Division • Fire Services Division • Municipal Property & Engineering Division • Community Emergency Management Program Operational Review: Review Date Review Methodology Status October 2009 Staff Review and Use of Planned. City of London Guidelines List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention Liverpool Road Sidewalk Concrete Curb Curb Depression Installation Wharf Street to Annland Street Kingston Road at Walnut Concrete Curb Curb Depression Lane Sidewalk Installation - 24 Attachment #1 to Report #OES52-09 9S of 41 35 Barrier Barrier Type Strategies for removal or prevention Wharf Street east of Concrete Curb Curb Depression Liverpool Road Sidewalk Installation All Facilities: Barrier Type Strategies for removal or Barrier prevention Proper Grab Bars are not Physical By July 31S 2010 install installed in all accessible 30" by 30" L-Shaped washrooms. Grab Bars in all accessible washroom stalls. Toilet paper and paper Physical By July 31S 2010 Install towel dispensers are too larger dispensers, at the high. proper heights, in all washrooms and accessible washroom stalls. Paper Towel dispensers Physical By July 31S 2010 Install 1 difficult to use. auto dispenser in each public washroom. Soap dispensers are too Physical By July 31S 2010 Install high. new dispensers at the proper height in all public washrooms. Soap dispensers difficult Physical By July 31 2010 Install 1 to use. auto dispenser in each public washroom. Disinfectant dispensers Physical By July 31 2010 Install 1 difficult to use. auto dispenser at each public entrance area. Taps can be difficult to Physical By July 31s' 2010 Install 1 use. lever style tap in each public washroom. By Dec 31St 2009 review the possibility of installing one set of auto taps in each public washroom. 25 Attachment #1 to Report #OES52-09 36 ' of 41 All Facilities Continued: Barrier Barrier Type Strategies for removal or prevention Some washroom Physical By Dec 31S 2009 counters are too low. Determine which counters require renovations. By July 31St 2010 Renovate or install new counters as required in each public washroom. Most washrooms do not Physical By Dec 31S 2009 Install 1 have an Angled Mirror for Angled Mirror in each wheelchair/scoter users. public washroom. City Hall (4); Complex (8); Complex Arena (4) ESCC (6); WSCC (2); PCCC (2). Signage is inconsistent Physical Develop a Corporate and difficult to read. Signage Standard and develop a time frame to order signage and install it in all facilities. Pickering Museum Village: Barrier Barrier Type Strategies for removal or prevention No Automated Doors on Physical By July 2010 Review Main Door and budget requirements and Washrooms Doors in the develop time frames to Redman House install (3) automated doors in this area. No Access Ramp to the Physical By Dec 31 S 2009 Log Barn. Discuss with Operations staff if they can build the required ramp for this area. Walkway from the Admin. Physical New accessible walkway Building to the Village is will be designed and not accessible. constructed in 2010 as part of the Canada Builds Fund. 26 Attachment #1 to Report #OES52-09 3 2 of 41 East Shore Community Centre: Barrier. Barrier Type Strategies for removal or prevention Add 1 railing on the west Physical By July 31S 2010 Add 1 side ramp. railing on the west side ramp as part of the 2010 Parking Lot improvement project. No Access to Accessible Physical By Dec 31 S 2009 Review Washroom in the Lawn with Program staff the Bowling Lounge possibility of unlocking the required doors when programs are operating in the Community Room. There are no reserved Physical By July 31 s 2010 Add the Disabled Parking spaces required parking spaces on the east side of the as part of the 2010 Facility. Parking Lot improvement project. Don Beer Arena: Barrier Barrier Type Strategies for removal or prevention Rink 1: Entrance Lobby, Physical By December 2010 Washrooms, Design and Construct a Changeroom and 2nd major addition that will Level are not accessible address the barriers in this area. Pickering Recreation Complex.- Barrier Barrier Type Strategies for removal or prevention Level 2 Public Physical Complete. Major Washrooms are not Renovations have made accessible. these washrooms fully accessible. 2 Washroom Doors Physical By December 2010 Family Changeroom are Install Auto Doors not Automated Openers similar to the one installed in the Greenwood Library. Front Reception Counter Physical By July 2010 Renovate is too high. portions of the front counter to adhere to accessibility standards. 27 Attachment #1 to Report #OES52-09 38 ~ of 41 Pickering Recreation Complex Continued: Barrier Barrier Type Strategies for removal or, rprevention Front (West Side) Physical By December 2010 Entrance has limited Remove 2 sets of space available for existing doors and access. replace with a larger single sliding door. (Pending Budget Approvals. West Shore Community Centre: Barrier Barrier Type Strategies for removal or prevention Public Washrooms are Physical No Time Frame Has Been not accessible. Set for this Item. Design and Construct a new front entrance in the alcove on North side of the building that includes an Accessible/Family style Washroom. Mt. Zion Community Centre: Barrier Barrier Type Strategies for removal or prevention` Front Entrance is not Physical By July 2010 Install a accessible. automated front door and frame with.entrance slabs and threshold. , Two (2) Washrooms are Physical No Time Frame Has Been not accessible. Set for this item. Design 2 accessible washrooms that adhere to the historical requirements of this building. Greenwood Libra : Barrier Barrier Type Strategies for removal or revention Main Entrance doors are Physical By December 2009 not automated. Design new entrance doors and book drop area with Auto Door Openers. 28 Attachment #1 to Report #OES52-09 ciof 41 39 Greenwood Community Centre: Barrier Barrier Type Strategies for removal or prevention Most areas are not Physical No Time Period has been accessible. set. Major renovations, with significant costs would be required to address all accessibility issues in this facility. Whitevale Libra : Barrier Barrier Type Strategies for removal or prevention Most areas are not Physical No Time Period has been. accessible. set. Major renovations, with significant costs would be required to address all accessibility issues in this facility. Claremont Community Centre: Barrier Barrier Type Strategies for removal or prevention Main entrance doors are Physical By December 31S 2009 difficult to use. meet with Operations staff to determine a time frame when they can level the threshold from the entrance sidewalk into the main doors. There are no usable Physical Pending 2010 Budget Disabled Parking Approvals Include Spaces. Parking Spaces with appropriate curb cuts and ramps as part of the 2010 Parking Lot Improvements. 29 Attachment #1 to Report #OES52-09 Q _ZD of 41 Progress Club House: Barrier Barrier 'Type Strategies for removal or prevention Main entrance is not Physical Construct a wooden wheelchair accessible. ramp leading to the main entrance Washroom fixtures do not Physical Install new tapes, toilet meet accessible and paper dispensers. standards Washroom door is not Physical Install auto door opener. accessible Main Entrance door is not Physical Install auto door opener. accessible 5:5 Planning & Development The Planning & Development Department participates in numerous activities respecting land use policy, site planning, community development, and building construction. The work teams include: • Planning • Information & Support Services • Development Control • Building Services Operational Review: Review Date Review Methodology Status October 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 5.6 Library Services Provides library services, programs and resources to the community at various facility locations, which include Pickering Public Library, and Claremont, Greenwood, Petticoat Creek, Whitevale Branches. Operational Review: Review Date Review Method olo Status October 2009 Staff Review Com lete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 30 Attachment #1 to Report #OES52-09 3- L of 41 Section 6: Decision-Making Review 4 1 6.1 Administration Department The Administration Department is responsible to ensure that the Corporation is operating with administrative effectiveness and providing an accountable and responsive. government. The work teams include: • Customer Care.Centre • Human Resources Division • Legal Services Division Operational Review: Review Date Review,Methodolo Status October 16, 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 6.2 Office of Sustainability The Office of Sustainability is responsible for managing the City's sustainability initiatives and Business Development. The work teams include: • Marketing & Business Development • City & Economic Development • Sustainability • Website Operational Review: Review Date Review Methodology Status 2009 Staff and consulting Planned services will be used for review Website was Brousealoud enabled in 2009 List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention Technological Corporate website Proposed funds within 2010 budget to revise the corporate website; however, website was Brousealoud enabled in 2009. 31 Attachment #1 to Report #OES52-09 42 3,-,a of 41 6.3 Corporate Services Department The Corporate Services Department is responsible for managing the financial affairs of the Corporation, including Taxation, Accounting, Supply & Services, Information Technology and Clerk's. The work teams include: • Finance & Taxation Accounting Services Supply & Services Information Technology • Internal Audit • Clerks Division Operational Review: Review Date Review Methodology Status October 7, 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 6.4 Operations & Emergency Services Department The Operations & Emergency Services Department administrates and coordinates the efforts of the operational services division to ensure efficient and responsive delivery of the services of the following work teams: Operations & Emergency Services Department • Culture & Recreation Division • Facility Operations Division • Fire Services Division • Municipal Property & Engineering Division • Community Emergency Management Program Review Date Review Methodology Status October 7, 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 32 Attachment #1 to Report #OES52-09 3S of 41 43 6.5 Planning & Development The Planning & Development Department participates in numerous activities respecting land use policy, site planning, community development, and building construction. The work teams include: • Planning • Information & Support Services • Development Control • Building Services Operational Review: Review Date Review Methodology Status October 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 6.6 Library Services Provides library services, programs and resources to the community at various facility locations, which include Pickering Public Library, and Claremont, Greenwood, Petticoat Creek, Whitevale Branches. Operational Review: Review Date Review Methodology Status October 2009 Staff Review Complete List of Barriers Identified: Barrier Barrier Type Strategies for removal or prevention None 33 Attachment #1 to Report #OES52-09 44 3 of 41 Section 7: Targets and Actions 7.1 Administration Department The Administration Department is responsible to ensure that the Corporation is operating with administrative effectiveness and providing an accountable and responsive government. The work teams include: • Customer & Administrative Services • Human Resources • City Solicitor Barrier Action' Resources Costs Target Administration Counter Capital Unknown For future Counter is not redesign and at this time budget accessible construction consideration pending other budget priorities Total Cost $0 7.2 Office of Sustainability The Office of Sustainability is responsible for managing the City's sustainability initiatives and business development. The work teams include: • Marketing & Business Development • City & Economic Development • Sustainability • Website ;Barrier Action Resources Costs Tar 'et Corporate website Revise Budget dollars Undeter- Will be website are required to mined at proposed hire consulting this time within the services to and will be 2010 budget. revise the dependent Project website. Staff on desired timeline is time will also be features. dependent on required. total costs. Total Cost Unknown 34 I Attachment #1 to Report #OES52-09 35 of 41 7.3 Corporate Services Department The Corporate Services Department is responsible for managing the financial affairs of the Corporation, including Taxation, Accounting, Supply & Services, Information Technology and Clerk's. The work teams include: • Finance & Taxation • Accounting Services • Supply & Services • Information Technology • Internal Audit • Clerks Division `Barrier Action Resources Costs Target None Total Cost $0 7.4 Operations & Emergency Services Department The Operations & Emergency Services Department administrates and coordinates the efforts of the operational services division to ensure efficient and responsive delivery of the services of the following work teams (Division's): Operations & Emergency Services Department • Culture & Recreation Division • Facility Operations Division • Fire Services Division • Municipal Property & Engineering Division • Community Emergency Management Program Barrier Action Resources Costs Target Liverpool Road Curb Capital $500 Spring 2010 Sidewalk Depression Installation Wharf Street to Annland Street Kingston Road at Curb Capital $500 Spring 2010 Walnut Lane Depression Sidewalk installation Wharf Street east Curb Capital $500 Spring 2010 of Liverpool Road Depression Sidewalk Installation Total Cost $1,500 35 Attachment #1 to Report #OES52-09 of 41 All Facilities: `Barrier Action Resources Costs Target Proper Grab Bars Install 30 by Capital Budgets $6,000 July 31S 2010 are not installed in 30" L- to buy/install 30 all accessible Shaped bars washrooms. Grab Bars Toilet paper and Install larger Operating $1,000 July 31S 2010 paper towel dispensers, Budgets to dispensers are too at the proper buy/install 20 high. heights. dispensers Paper Towel Install auto Operating $3,000 July 31S 2010 dispensers difficult dispensers, Budgets to to use. at the proper buy/install 30 heights. dispensers Soap dispensers Install Operating $1,000 July 31S 2010 are too high. dispensers, Budgets to at the proper buy/install 20 heights. dispensers Soap dispensers Install auto Operating $3,000 July 31S 2010 difficult to use. dispensers, Budgets to at the proper buy/install 30 heights. dispensers Disinfectant Install auto Capital Budgets $2,000 July 31S 2010 dispensers difficult dispensers, to buy/install 20 to use. at various dispensers loctions. Taps can be Install 1 Capital Budgets $6,000 July 31S 2010. difficult to use. lever style to buy/install 30 tap in each taps. public washroom. Taps can be Review Review Phase $18,000 Dec 31S 2009. difficult to use. installation Only to install 30 one set of auto taps. auto taps in each public washroom Some washroom Determine Review Phase Not Known July 31S 2010 counters are too which Only. low. counters require renovations. Washrooms do not Install 1 Capital Budgets $9,000 Dec 31S 2010. have an Angled Angled to buy/install 30 Mirrors. Mirror in mirrors. each public washroom 36 Attachment #1 to Report #OES52-09 3-7 of 41 47 All Facilities Cont'd: Barrier Action Resources Costs Target Signage is Physical Capital Budgets. Not Known Not Known inconsistent and difficult to read. Total Cost $49,000+ Pickering Museum Villa e Barrier Action Resources Costs Target No Automated Install 3 Auto Capital Budgets $6,000 July 2010 Doors on Main Doors to buy/install 3 Door and auto doors. Washrooms Doors in the Redman House No Access Ramp Construct a Operating $500 July 31S 2010. to the Log Barn. ramp to the Budgets for Lo Barn materials Walkway from the Design and Capital Budget Unknown September Admin. Building to construct (2/3 of cost at this time 2010 the Village is not new covered by accessible. walkway Canada Builds Fund Total: $6,500+ East Shore Communi Centre. Barrier Action Resources Costs Target Additional railing Install 1 Capital Budget $2,000 July 31S 2010 needed on the railing on the west side ramp. west side ram No Access to Review item Non Required $0.00 Dec 31S 2009 Accessible with Washroom in the Program Lawn Bowling staff Lounge No reserved Add spaces Capital Budgets. $0.00 July 31 S 2010 Disabled Parking as part of the Part of Existing spaces on the east 2010 Project Costs side of the Facility. Parking Lot improvement Total $2,000 37 Attachment #1 to Report #OES52-09 48 of 41 Don Beer Arena: Barrier Action Resources Costs Target Rink 1 Lobby, 2010 Capital Budgets $2,000,000 December Washrooms, Renovation and Government 2010 Changeroom are Project will Grants. not accessible address all items Total: $2,000,000 Pickering Recreation Complex: :Barrier Action Resources Costs Target 2 Washroom 2010 Install Capital Budget $6,000 December Doors Family Auto Doors 2010 Changeroom are Openers not Automated Front Reception Renovate Capital Budget $6,000 July 2010 Counter is too portions of high. the front counter Front (West Side) Remove 2 Capital Budget $40,000 December Entrance has sets of 2010. limited space existing available for doors and access. replace with a larger single sliding door. Total: $52,000 West Shore Comm uni Center: Barrier Action Resources Cost Target ` Public Washrooms Review Not Known. Not No Time are not accessible. possibility of Known. Frame Has constructing Been Set a new front entrance with Accessible Washroom. Total: Unknown 38 Attachment #1 to Report #OES52-09 of 41 49 Mt. Zion Communit Center: Barrier Action Resources Cost Target, Front Entrance is Install Capital Budgets. $4,000 By July 2010. not accessible. automated front door 2 Washrooms are Review Not Known. Unknown No Time not accessible. possibility of Frame Has constructing Been Set a new front entrance with Accessible Washroom. Total: $4,000 Greenwood Libra : Barrier Action Resources Costs Target' Main Entrance Install new Capital Budgets $7,500 By December doors are not entrance from the Library. 2010 automated. auto doors and book drop area Total: $7,500 Greenwood Communi Centre: Barrier Action Resources Cost Target Most areas are not Major Not Known. Not No Time accessible. renovations, Known. Period has with been set. significant costs would be required to address all accessibility issues in this facility. Total: Unknown 39 Attachment #1 to Report #OES52-09 /4D of 41 Whitevale Libra : Barrier Action Resources Costs Target, Most areas are not Major Not Known. Not No Time accessible. renovations, Known. Period has with been set. significant costs would be required to address all accessibility issues in this facility. Total: Unknown Claremont Community Centre: Barrier Action Resources Costs Target Main entrance Level Operating $500 July 315 2010 doors are difficult Entrance Budgets to use. Interlock with threshold There are no New Parking Operating $500 No Time usable Disabled Lot Budgets Period has Parkin S aces. Contruction been set. Total: $1,000 Progress Club House: Barrier Action Resources Costs Target Main entrance is Construct a Operating $1,000.00 Dec, 315 2010 not wheelchair wooden Budgets accessible. ramp leading to the main entrance Washroom fixtures Install new Operating $1,500.00 Dec, 315 2010 do not meet tapes, toilet Budgets accessible and paper standards dispensers. Washroom door is Install auto Operating $3,000.00 Dec, 315 2010 not accessible door opener. Budgets Main Entrance Install auto Operating $2,500.00 Dec, 315 2010 door is not door opener. Budgets accessible Total: $8,000.00 40 Attachment #1 to Report #OES52-09 / of 41 51 7.5 Planning & Development The Planning & Development Department participates in numerous activities respecting land use policy, site planning, community development, and building construction. The work teams (Division's) include: Planning • Information & Support Services • Development Control • Building Services Barrier Action Resources Costs Target None Total:. $0 7.6 Library Services Provides library services, programs and resources to the community at various facility locations, which include Pickering Public Library, and Claremont, Greenwood, Petticoat Creek, Whitevale Branches. i Barrier Action Resources Costs Target' None Total Cost $0 Please Note: All capital funding items are pending. budget approval. Section 8: Monitoring Progress The core group of the plan development working group will provide a status report every second month to review progress of the plan. Follow up will be conducted with any staff or contacts that have a role in the implementation of the plan. Updates of the plan will be presented to the AAC on a bi-monthly basis. 41 j 00 REPORT TO EXECUTIVE COMMITTEE ICKERING Report Number: OES 55-09 5 Date: December 14, 2009 From: Everett Buntsma Director, Operations & Emergency Services Subject: Dan Beer Arena Snack Bar Concession - Lease Renewal - Pickering Hockey Association - File: A-1440-001-09 Recommendation: 1. That Report OES 55-09 of the Director, Operations & Emergency Services regarding the Lease Renewal - Pickering Hockey Association be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Concession Licence Agreement to permit the Pickering Hockey Association to continue to operate the snack bar concession facility at Don Beer Arena from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor, with the option of mutually extending this licence agreement for a further two years. Executive Summary: The Pickering Hockey Association have an existing Licence Agreement to operate the snack bar concession facilities at Don Beer Arena. The Pickering Hockey Association have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with the Pickering Hockey Association. Financial Implications: The revenue to be generated through 2009 and 2010 is $1,100 monthly from September 1, 2009 to April 2010 for a total of $8,800.00. I Sustainability Implications: Allowing a community organization such as the Pickering Hockey Association to run the snack bar at Don Beer Arena to support their initiatives fits within the City's sustainable vision. Report OES 55-09 December 14, 2009 Subject: Don Beer Arena Snack Bar Page 2 3 - Lease Renewal - Pickering Hockey Association Incorporated Background: On August 3, 1999, Council enacted By-law #5540/99 to authorize the execution of a Licence Agreement with the Pickering Hockey Association Incorporated for the operation of the Don Beer Arena Snack Bar Concessions. This agreement was subsequently extended to April 30, 2009 The Pickering Hockey Association have requested to renew this agreement again for a further year. The renewal agreement allows the Pickering Hockey Association to continue to operate the Don Beer Snack Bar Concession from September 1, 2009 to April 30, 2010. The. Pickering Hockey Association are currently paying the monthly fee of $1,100.00 per month for 8 months per year and have operated the. Concession since the additional third ice pad opened. The renewal agreement also allows for a mutually agreed extension of two years subject to an inflation allowance for rent increases. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Pickering Hockey Association. Attachments: 1. Draft Agreement Prepared By: Approved/Endorsed BY: Tony Prevedel Everett Buntsma Division Head, Facilities Operations Director, Operations & Emergency Services TP:mld Copy: Chief Administrative Officer Recommended for the consideration of Pickeri it Council C~J v Tho as J. Q6-inn, DMR, CMM III Chief Administrate a Officer CORP0227-07/01 revised 54 THIS CONCESSION LICENCE AGREEMENT is made as of September 1, 2009. BETWEEN: PICKERING HOCKEY ASSOCIATION ("PHA") - and - THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City is the owner of the Don Beer Arena which contains a snack bar concession facility; and WHEREAS the City wishes to retain the PHA to operate the concession on its behalf. NOW THEREFORE the parties agree as follows: Definitions 1. In this. Agreement, (a) "Concession" means the snack bar concession facility located in the Don Beer Arena owned by the City located at 940 Dillingham Road in the City of Pickering; (b) "Director" means the Director of the City's Operations and Emergency Services or a designate; and (c) "term" means the term of this Agreement, including any renewal, as set out in Section 2. Term 2. (1) The City grants to the PHA the right to operate the Concession for the purpose of providing snack bar services during the months of September to April, both inclusive, for the period beginning September 1, 2009 and ending April 30, 2010. Pickering Hockey Association Concession Agreement Page 2 55 (2) If both parties agree, this Agreement may be extended on the same terms and conditions for a further period beginning September 1, 2010 and ending April 30, 2012. The monthly rental rate increase will be mutually agreed upon prior to this extension. 3. Either the PHA or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. Fees 4. The PHA shall pay to the City monthly installments on the first day of each month in the amount of $1,100 for a total of $8,800.00. Operations 5. The PHA and all of its servants, agents and employees shall, (a) comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of its business in the Concession; (b) operate the Concession during the times and on the'days agreed to by the Director; (c) keep accurate books and records of the operation of the Concession and allow the Director to inspect the books and records; (d) obtain all necessary permits, licenses and approvals that may be required in connection with the operation of the Concession; (e) PHA shall pay all realty, business or other taxes or rates that may be levied against the lands upon which the Don Beer Sports Arena is located, against the Arena Concession operation or against PHA as a result of its operation of the Arena Concession. (f) maintain in good repair the Concession and the equipment in it; (g) maintain' the Concession in a clean, sanitary and attractive condition satisfactory to the Director throughout the term and, at the end of the term, repair or replace any damages to the Concession except reasonable wear and tear; (h) provide a good standard of service to the public patronizing the Concession; (i) keep and offer for sale the types of refreshments and food ordinarily offered in community recreation centres and such other refreshments and food as may be reasonably requested by the City to promote a healthy lifestyle; and I 2 Pickering Hockey Association Concession Agreement Page 3 56 0) comply with the provisions of the agreement dated September 1, 2003 between the City and Coca-Cola Bottling Ltd. set out in Schedule A to this Agreement. 6. The PHA shall obtain the approval of the Director before altering, adding to or varying in any way all or any part of the Concession. Any approved alteration, addition or variation shall be undertaken at the PHA's sole expense and shall become the property of the City at the end of the term. Insurance 7. Prior to occupying the Concession, the PHA, 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 Concession and the PHA's use and occupancy of the Concession, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the City in respect of claims by the PHA as if the City was separately insured; (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Concession for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the City, prior to the PHA occupying the Concession, which insurance coverage shall be kept in full force and effect throughout the term. 8. The PHA 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 PHA 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 Concession, the PHA shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the PHA shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the PHA and the PHA shall immediately vacate the Concession. Liability of the City 9. The City shall not be liable to the PHA-for any loss of or damage to the Concession or any equipment or inventory in it, whether caused by fire, theft, burglary or otherwise, unless 3 Pickering Hockey Association Concession Agreement Page 4 57 such loss or damage was caused by the negligence of the City, its servants, agents or employees. 10. The PHA 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 PHA's use and occupation of the Concession. Default 11. If at any time the PHA is in default in the performance of any of the obligations under this Agreement and such default continues for 15 days after the receipt by the PHA 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 PHA under this Agreement shall immediately cease and the City shall not be liable for payment to the PHA of any moneys whatsoever by reason of such termination. 12. 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 Concession in order to satisfy the outstanding fees and the costs of collecting them. General 13. The Director shall have the right to enter the Concession at any time for any reason provided all reasonable efforts are made to minimize any disruption to the PHA's use of the Concession. 14. PHA shall not exhibit or allow to be exhibited in the Concession any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 15. This Agreement shall not be assignable by the PHA without the consent of the City, which consent may be arbitrarily refused. 16. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 17. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 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 4 I Pickering Hockey Association Concession Agreement Page 5 58 Attention: City Clerk (2) Any notice to the PHA under this Agreement shall be in writing and shall be delivered to the following address: Pickering Hockey Association 1737 Ada Court Pickering, Ontario L1 V 2Y9 Attention: , Gary Watters, 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 parties have signed this Agreement. PICKERING HOCKEY ASSOCIATION THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, (Acting) City Clerk i 5 59 SCHEDULE A Certain provisions of the Agreement dated September 1, 2003, between the CITY (herein referred to as the "CITY") and Coca-Cola Bottling Ltd., (therein referred to as the "Company") 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at 940 Dillingham Road; (b) "Event" means any scheduled or rescheduled sporting event, sporting competition or sporting contest conducted in either of the Arenas; (c) "Soft Drink Beverages" means, (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be.prepared for immediate consumption by the addition of carbonated or non-carbonated water; and (iii) all carbonated and non-carbonated, fruit drinks, machine-vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from' which the same may be prepared; (d) "Soft Drink Beverages of the Company" means those Soft Drink Beverages ,which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (f) "Term" means the term of this Agreement which shall commence at 6:00 am on September 1, 2003 and shall expire at midnight on August 31, 2013. Pickering Hockey Association Concession Agreement Page 7 ADVERTISING - HOCKEY SCOREBOARD. TIME-OF-DAY CLOCK AND MENU BOARDS 2. (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full. colour with advertising material for one or more of the Soft Drink Beverages of the Company and may change the advertising material from time to time during the Term. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. 3. The CITY shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re-surfacing unit, the hockey scoreboard, the clock or the menu boards. 4. The CITY shall not permit any advertising, promotion or mention of any nature or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. 5. The CITY shall not grant to any manufacturer, bottler or supplier of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in any manner directly or by implication. SOFT DRINK DISPENSING EQUIPMENT 6. The CITY, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. 7. Without the prior written consent of the Company, the CITY shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. 7 Pickerinq Hockey Association Concession Agreement Page 8 61 8. The Soft Drink Dispensing Equipment shall be used by the CITY only in the Complex and shall not be removed therefrom or otherwise disposed of without the prior written consent of the Company. 9. The Company may, at its cost, supply and install such additional or replacement Soft 'Drink Dispensing Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. 10. The CITY shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trademarks of the Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. 11. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. COMPLEX SOFT DRINK BEVERAGE SUPPLY 12. (1) During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and all parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesale prices and trade terms which from time to time may exist, provided always that the said wholesale prices of the Company shall remain competitive with the wholesale prices which are from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. 13. Notwithstanding any other provision contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act of God; or any other cause, contingency or circumstance which is beyond the control of the Company. 8 Pickering Hockey Association Concession Agreement Page 9 62 GENERAL 14. The employees, representatives and agents of the Company, shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement. 9 J caq REPORT TO EXECUTIVE MEETING DICKERING Report Number: OES 56-09 Date: December 14, 2009 63 From: Everett Buntsma Director, Operations & Emergency Services Subject: Pickering Recreation Complex Arena - Snack Bar Concession - File: A-1440-001-09 Recommendation: 1. That Report OES 56-09 of the Director, Operations & Emergency Services be received and; that 2. The Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: Beverley and Ron Ireland have an existing lease agreement to operate the snack bar concession at the Recreation Complex Arenas. They have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with Beverly and Ron Ireland. Financial Implications: Revenues 2009/2010 $300 per month x 8 months = $2,400 $2,400 maximum over a one year period. i I Report OES 56-09 December 14, 2009 Subject: Pickering Recreation Complex Arena_ Page 2 6 4 Snack Bar Concession Sustainability Implications: The use of existing space at the Recreation Complex Arena to provide a venue for community use and at the same time generating rental income fits within the City's sustainability vision. Background: The term of the City of Pickering's License Agreement with Beverly and Ron Ireland to operate the snack bar concession facilities within the Pickering Recreation Complex (Arena only) expired on April 30, 2009. Beverly and Ron Ireland have requested to renew this agreement again for the next year. The renewal agreement allows Beverly and Ron Ireland to continue to operate the Recreation Complex Snack Bar Concession from September 1, 2009 to April 30, 2010. Beverly and Ron Ireland are currently paying the monthly fee of $300.00 per month for 8 months per year. The Director, Operations & Emergency Services and the Division Head,. Culture & Recreation recommend that a renewal agreement be initiated with Beverly and Ron Ireland. Attachments: 1. Draft Agreement Prepared By: Approved/Endorsed By: Tony r edel Everett Buntsma Division Head, Facilities Operations Director, Operations & Emergency Services TP:mld Copy: Chief Administrative Officer i CORP0227-07/01 revised Report OES 56-09 December 14, 2009 Subject: Pickering Recreation Complex Arena Page 3 Snack Bar Concession 5 Recommended for the consideration of Pickering City Council Thomas J. inn, D M III Chief Administra ive Officer CORP0227-07/01 revised ATTACHMENT# ~ TO REPORT# d1~S SG met 66 --L-of THIS CONCESSION LICENCE AGREEMENT is made as of September 1, 2009. BETWEEN: BEVERLY AND RON IRELAND (the "Operators") - and - THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City is the owner of the Pickering Recreation Complex which contains a snack bar concession facility; and WHEREAS the City wishes to retain the Operators to operate the concession on its behalf. NOW THEREFORE the parties agree as follows: Definitions 1. In this Agreement, (a) "Concession" means the snack bar concession facility located in the Pickering Recreation Complex (Arena only) owned by the City located at 1867 Valley Farm Road in the City~of Pickering; (b) "Director" means the Director of the City's Operations and Emergency Services or a designate; and (c) "term" means the term of this Agreement, including any renewal, as set out. in Section 2. Term 1. (1) The City grants to the Operators the right to operate the Concession for the purpose of providing snack bar services during the months of September to April, both inclusive, for the period beginning September 1, 2009 and ending April 30, 2010. (2) This Agreement may be extended on mutual consent for a further year. i ATTACHMENT# 1 TO REPORT# 5 ~ The Operators Concession Agreement Page 2 67 2. Either the Operators or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. Fees 3. The Operators shall pay to the City the sum of $2,400.00 in equal monthly installments of $300.00 on the first day of each month. Operations 4. The Operators and all of their servants, agents and employees shall, (a) comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of its business in the Concession; (b) operate the Concession during the times and on the days agreed to by the Director; (c) keep accurate books and records of the operation of the Concession and allow the Director to inspect the books and records; (d) obtain all necessary permits, licenses and approvals that may be required in connection with the operation of the Concession; (e) pay all realty, business or other taxes or rates that may be levied against the lands upon which the Pickering Recreation Complex is located, against the Arena Concession operation or against the operators as a result of its operation of the Arena Concession; (f) maintain in good repair the Concession and the equipment in it; (g) maintain the Concession in a clean, sanitary and attractive condition satisfactory to the Director throughout the.term and, at the end of the term, repair or replace any damages to the Concession except reasonable wear and tear; (h) provide a good standard of service to the public patronizing the Concession; (i) keep and offer for sale the types of refreshments and food ordinarily offered in community recreation centres and such other refreshments and food as may be reasonably requested by the City to promote a healthy lifestyle; and Q) comply with the provisions of the agreement dated September 1, 2003 between the City and Coca-Cola Bottling Ltd. set out in Schedule A to this Agreement. 2 _q_00/ -TAChMENT# TOREPORTO I 6ES The Operators Concession Agreement 3 of Page 3 68 2. The Operators shall obtain the approval of the Director before altering, adding to or varying in any way all or any part of the Concession. Any approved alteration, addition or variation shall be undertaken at the Operators' sole expense and shall become the property of the City at the end of the term. Insurance 3. Prior to occupying the Concession, the Operators, at their 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 Concession and The Operators' use and occupancy of the Concession, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the City in respect of claims by The Operators as if the City was separately insured; (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Concession for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the City, prior to The Operators occupying the Concession, which insurance coverage shall be kept in full force and effect throughout the term. 4. The Operators 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 Operators 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 Concession, the Operators shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Operators shall fail to do so the City may, at its option, terminate this Agreement forthwith by notice to the Operators and the Operators shall immediately vacate the Concession. Liability of the City 5. The City shall not be liable to the Operators for any loss of or damage to the Concession 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. 6. The Operators 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 3 ATTACHMENT# r TO REPORT#.Li-5SS6~ The Operators Concession Agreement GI- of CI Page 4 69 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 Operators' use and occupation of the Concession. Default 7. If at any time the Operators are in default in the performance of any of the obligations under this Agreement and such default continues for 15 days after the receipt by the Operators 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 Operators under this Agreement shall immediately cease and the City shall not be liable for payment to the Operators of any moneys whatsoever by reason of such termination. 8. 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 Concession in order to satisfy the outstanding fees and the costs of collecting them. General 9. The Director shall have the right to enter the Concession at any time for any reason provided all reasonable efforts are made to minimize any disruption to the Operators' use of the Concession. 10. The Operators shall not exhibit or allow to be exhibited in the Concession any sign, notice, notice board, painting, design or advertisement without the prior consent of the Director. 11. This Agreement shall not be assignable by the Operators without the consent of the City, which consent may be arbitrarily refused. 12. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 13. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 19. (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 4 ATTACHMENT# T0REP0RT#N7S56-00 The Operators Concession Agreement s of Page 5 70 (2) Any notice to the Operators under this Agreement shall be in writing and shall be delivered to the following address: 7 McCrimmon Court Bowmanville, Ontario L1 C 4M9 Attention: Beverly and Ron Ireland (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 parties have signed this Agreement. Beverly Ireland Ron Ireland THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, (Acting) City Clerk 5 1 i Al . ACin iEN E 4_./_._L TO REPORT#0E. SZ-d ! ® of 71 SCHEDULE A Certain provisions of the Agreement dated September 1,2003, between the CITY (herein referred to as the "CITY") and Coca-Cola Bottling Ltd., (therein referred to as the "Company") 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at 1867 Valley Farm Road; (b) "Event" means any scheduled or rescheduled sporting event, sporting competition or sporting contest conducted in either of the Arenas; (c) "Soft Drink Beverages" means, (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be prepared for immediate consumption by the addition . of carbonated or non-carbonated water; and (iii) all carbonated and non-carbonated fruit drinks, machine-vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from which the same may be prepared; (d) "Soft Drink Beverages of the Company" means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more- particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (f) "Term" means the term of this Agreement which shall commence at 6:00 am on September 1, 2003 and shall expire at midnight on August 31, 2013. ATTACHMENT# t TO REPORT# oa~s6-OC7 The Operators Concession Agreement ofPage 7 72 ADVERTISING - HOCKEY SCOREBOARD. TIME-OF-DAY CLOCK AND MENU BOARDS 2. (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or more of the Soft Drink Beverages of the Company and may change the advertising material from time to time during the Term. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. 3. The CITY shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re-surfacing unit, the hockey scoreboard, the clock or the menu boards. 4. The CITY shall not permit any advertising, promotion or mention of any nature or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. 5. The CITY shall not grant to any manufacturer, bottler or supplier of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in any manner directly or by implication. SOFT DRINK DISPENSING EQUIPMENT 6. The CITY, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. 7. Without the prior written consent of the Company, the CITY shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. 7 A+YACHMENT# #-L- TO REPORT# The Operators Concession Agreement g of G Page 8 r 73 8. The Soft Drink Dispensing Equipment shall be used by the CITY only in the Complex and shall not be removed therefrom or otherwise disposed of without the prior written consent of the Company. 9. The Company may, at its cost, supply and install such additional or replacement Soft Drink Dispensing Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. 10. The CITY shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trademarks of the Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. 11. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. COMPLEX SOFT DRINK BEVERAGE SUPPLY 12. (1) During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and all parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesale prices and trade terms which from time to time may exist, provided always that the said wholesale prices of the Company shall remain competitive with the wholesale prices which are from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. 13. Notwithstanding any other provision. contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act of God; or any other cause, contingency or circumstance which is beyond the control of the Company. i 8 A T TACHMENT# ` TO REPORT#_ The Operators Concession Agreement of znl Page 9 74 GENERAL 14. The employees, representatives and agents of the Company shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement. 9 eitq 00 REPORT TO EXECUTIVE COMMITTEE 1 I KERI Report Number: OES 58-09 Date: December 14, 2009 75 From: Everett Buntsma Director, Operations & Emergency Services Subject: 2015 Pan/Parapan American Games. - Agreement to be a Host Municipality - File: A-1440 Recommendation: 1. That Report OES 58-09 of the Director, Operations & Emergency Services regarding the 2015 Pan/Parapan American Games Agreement to be a Host Municipality be received; 2. That the City of Pickering participation in the 2015 Pan/Parapan American Games as a Host Municipality be endorsed; and 3. That the Mayor and the Clerk be authorized to enter into a multi-party agreement that identifies the 2015 Pan/Parapan American Games venues to the host municipalities and that is in the form and substance acceptable to the Director, Operations Emergency Services and the Chief Administrative Officer. Executive Summary: The Pan American Games (Pan Am Games) is a major international multi-sport event held every four years for athletes of the 42 Pan American Sporting Organization member nations. The Pan Am Games features all Summer Olympic sports and some non-Olympic events, and serves as an Olympic qualifier for several sports. On November 6, 2009 the Pan American Sports Organization announced the City of Toronto as the successful bidder for.the 2015 Pan Am Games/Parapan Am Games. The City 'of Pickering has been requested by the Games Corporation to sign on a multi party agreement (MPA) to be a host municipality for the 2015 Pan Am Games. The MPA is the first official document that identifies the venues to the host municipalities. The Modern Pentathlon will be taking place in Pickering at the Pickering Horse Centre. At this time, staff are seeking Council's authorization to be a host municipality for the Games. Report OES 58-09 December 14, 2009 Subject: 2015 Para Pan American Games Page 2 76 Financial Implications: There are no financial cash contributions required from the City of Pickering to be a Host Municipality for the 2015 Pan Am Games. Existing City staff resources and equipment required to support the Games would be the City's in kind contribution. Sustainability Implications: The 2015 Pan Am Games will support and encourage health, wellness and active living by all residents. The economic, tourism and sport benefits for our region and community will be significant. There will also be a need to recruit, train and manage a large number of volunteers to ensure the success of the Games, a future resource when hosting other events in Pickering. Background: The Pan American Games (Pan Am Games) is a major international multi-sport event held every four years for athletes of the 42 Pan American Sporting Organization member nations. The Pan Am Games features all Summer Olympic sports and some non-Olympic events, and serves as an Olympic qualifier for several sports. On November 6, 2009 the Pan American Sports Organization announced the City of Toronto as the successful bidder for the 2015 Pan Am Games/Para Pan Am Games. The 2015 Pan Am Games will run for 17 days, July 10 to July 26 followed by the Parapan Games running for eight days August 7 to 14. The Games will bring 10,000 athletes and officials to the region, attract 250,000 tourists, generate 15,000 jobs, showcase our region to the world and create a legacy of sport infrastructure. The Modern Pentathlon will be taking place in Pickering at the Pickering Horse Centre 3800 Paddock Rd (north of Highway 7). The Modern Pentathlon encompasses the five sports of shooting, fencing, swimming, riding (equestrian) and running. The equestrian, running and shooting components will take place at the Pickering Horse Centre. The fencing and swimming components of the Modern Pentathlon will be held a short distance away at the Canadian Sport Institute Ontario and the Pan American Aquatics Centre (located at University of Toronto Scarborough Campus)'. The City of Pickering has been requested by the Games Corporation to sign on a multi party agreement (MPA) to be a host municipality for the 2015 Pan Am Games. The MPA is the first official document that identifies the venues to the host municipalities. It is important to the Games Corporation to have all parties sign on by December 31, 2009. As a host municipality there are some obligations on providing normal levels of municipal service and allocating normal level of staff and equipment resources required to support the Games. The City Solicitor and Director, Corporate Services & Treasurer CORP0227-07/01 revised Report OES 58-09 December 14, 2009 Subject: 2015 Para Pan American Games Page 3 77 have reviewed the MPA and have confirmed the City of Pickering has no financial contribution to the Games as a host municipality. The Games Corporation want to include all municipal partners under the MPA to extend some of the rights, protections and obligations. At this time, staff are seeking Council's authorization to be a host municipality for the Games. The Pan Am Games will provide the City of Pickering with an exciting opportunity to be part of hosting a major international competition. The City of Pickering has communicated its willingness to partner and support the Toronto 2015 Pan American Games and be considered for any opportunities that may arise. Attachments: 1. Email dated November 12, 2009 from Jean-Serge Bidal, Senior Policy Advisor, Toronto 2015, Pan/Parapan American Games Bid Corporation. Prepared By: Approved/E orsed Stephen olds Everett Buntsm Division Head, Culture & Recreation Director, Operations & Emergency Services SR:Ig Attachment Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City Council Thomas Qu' n, RDM M III Chief Admini native Officer CORP0227-07/01 revised ATTACHMENT #.-...,I._~ i 0 REPORT # Q~ SS-09 Reynolds, Steve OF From: 78 Bidal, Jean-Serge (Toronto 2015) [jean-serge.bidal@Toronto20l5.org] Sent: November 12, 2009 2:49 PM To: Reynolds, Steve Subject: MPA & Joinder Agreement Attachments: MPA Final November 5.pdf; ANNEX B Joinder Agreement - Pickering.doc Importance: High Steve, Here is the Final MPA which was signed by the Parties on November 5th, 2009. 1 am also attaching the Joinder Agreement specific to Pickering for signature. Once it becomes clear to you, please advise of the process / timeline for signature. As previously discussed, municipalities are being asked to,submit the signed Joinder Agreement by December 31st, 2009. Let me know if I can provide any add itional-clarification. Regards, JS TORONTO 2015 Jean-Serge (JS) Bidal Senior Policy Advisor Toronto 2015 Pan / Parapan American Games Bid Corporation Conseiller principal en politiques Societe de candidature des Jeux pan / parapan-americains Toronto 2015 53 Jarvis Street, Suite 300 Toronto, Ontario M7A 2G1 1 ATTACHMENT # L TO REPORT # OeS 5<S-()9 Telephone / T6I6phone: 416-314-7675 ~q Z 79 Fax / T6I6copieur: 416-314-1264 Email / Courriel :lean-serge.bidalCc~toronto2015.org www.toronto20l 5.org I 2 City REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 44-09 Date: December 14, 2009 80 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2009 Internal Loans and External Debentures Recommendation: That Report CS 44-09 from the Director, Corporate Services & Treasurer regarding internal loans and external debentures be received for information. Executive Summary: This report is being provided to Council for information and confirmation of internal loans and debentures financing undertaken in 2009. This information is required for auditing purposes. Financial Implications: Internal Loans There was no provision in the 2009 Capital Budget for projects to be financed by internal loans. Capital projects requiring borrowing are to be undertaken from external debt only. However, based on Report to Council OES 42-08, Recommendation 5, there was a switch from external debt to internal loan for the component related to the Associated Tools & Equipment-Fire Heavy Rescue Vehicle. This switch was necessary due to the Fire Heavy Rescue Vehicle being purchased separately from the Associated Tools and Equipment, and the differing useful lives of the Associated Tools and Equipment resulting to difficulty in borrowing externally. The 2009 internal loan will be borrowed from the Development Charges Reserve Fund in the amount of $500,000, to be officially undertaken on December 31, 2009 and repaid through an allocation in the annual current budget commencing in 2010. The annual repayment will be budgeted under the current budgets. A further detail on this loan is as follows: Report CS 44-09 December 14, 2009 Subject: 2009 Internal Loan & External Debentures Page 2 1 Description Project Terms Loan Current Fund. Total No. Amount funded in 2008 Financing Tools & 5340.0801 10 year $500,000 $2,900 $502,900 Equipment-Fire Heavy Rescue Vehicle The internal borrowing rate is normally determined by using the Ontario Strategic Infrastructure Financing Authority (OSIFA) rates and other comparable municipal borrowing as a guideline or benchmark. The table below provides the current OSIFA's lending rate for municipalities. This rate will be our official rate for the 10-year loan. Terms OSIFA - As of October 20, 2009 Amortizer Debentures 10 year 3.96% External Debt For auditing purposes, previously approved 2008 and 2009 debt financed projects are summarized in Attachment 1. The total of all external debentures identified and required for 2009 is $2,546,000, which we have officially requested the Region to borrow on our behalf as per Attachment 2. The external borrowing rate will be determined by the capital markets at the time of the issuance of the debentures. Financial Burden The annual loan and debt repayment charges are funded through the general property tax levy in the annual current budgets. The projected total of internal loans and debentures outstanding for December 31, 2009 is $19,065,798. Please refer to Attachment 3. Sustainability Implications: This financing is necessary to provide the financial means to sustain the City's capital investments in infrastructure. Background: Continuous growth has created a need for capital infrastructure to maintain the level of services provided to residents and businesses. Funding sources, for capital projects are identified and approved by Council in the annual capital budget prior to the commencement of the projects. The continuous growth coupled with aging capital infrastructure calls for expansion to new facilities, repairs, and increased replacement. This prompted the need for more borrowing to fund the capital projects. . Report CS 44-09 December 14, 2009 Subject: 2009 Internal Loan & External Debentures Page 3 82 Total borrowings from the reserve funds to finance 2009 and prior years' capital projects are projected at $2,299,828 for the year ended December 31, 2009. Such internal borrowings require appropriate approvals and documentation in accordance with the Municipal Act 2001, S401(1) and the Development Charges Act 1997, S36 O. Reg. 82/98 s.12 (2) 3,4,5. Corporate Services will complete the necessary documentation including Promissory Note indicating the amount, term, interest rate and other relevant information relating to the internal loan and its repayment. Under Resolution 144/99 the Mayor and Treasurer has the authority to sign the Promissory Notes. In the past we have always provided an annual formal report to Council on the capital projects requiring debt financing, together with the. required debenture by-laws to be enacted with terms and conditions being specified in detail. More recently, in order to ensure that all proper documentation is ready and available whenever the Region proceeds with any debenture issue, effective 2008, the City has incorporated the debenture by-law with the report to Council when reporting on the results of the tendering process. For auditing purposes, this annual report to Council also serves as a report for information, providing a summary of all 2009 debentures approved by Council with details indicated on Attachment 1. Attachments: 1. 2009 External Debentures through the Regional Municipality of Durham 2. Letter for Request to Issue Debentures on Behalf of the City of Pickering 3. Total Projected Internal Loans & External Debentures Outstanding as at December 31, 2009 Report CS 44-09 December 14, 2009 Subject: 2009 Internal Loan & External Debentures Page 4 83 Prepared By: Approved / Endorsed By: Caryn Kong Gillis A. Paterson Senior Financial Analyst - Capital & Director, Corporate Services & Treasurer Debt Management Copy: Chief Administrative Officer Recommended for the consideration of Pickerin City Council Thomas J. Quin RD CMWI Chief Administrative Officer 8 4 ; ATTACHMENT#,-TO REPORT# Cs ` " co c~ O O 06 ' O O M co m co O O O O. O O w V CA m O N O N O C) r 0) 0) 0) LO (D a C, w O IC co U O LO In CA W` t . LL CO M: O O M 00 co O Jf) U),=. Cl) C Cl) V; N N N. M 7 U c O O Q ` o 0 C 0 C) 9 NN N - O CL a a> O O C) C? O O O O O' O ~ O O O O o O O O E .Li C) to m O m 0 N M L 7 Q N D ~F 0 C) C) C) C) Q C) Ln tO CD C) LO Y UJ I O O lc~ •R W - N U,0 O O t0 p O_ O M V ^J N lD U) C I'LL 7 d O O C) 'O O O: O O O O O O C O C O O O C C 6) 6] o~) V N V. O O -e O ) V V : CO V V' LO LO LX) 1n ' N C a 3 F- L aUi C m p_J p rn m o ) = o p 0 O o U w m in _O o~ m O 'O, L) O O U a) -t6 c a) a t o c o d LL Y 1-. O L o 0 0 =3 _ Q C N N M a3 (1) O Q) a) CU co x o QY ~a U)(I 5U)r-- o'er f°- W °o ° o~ a) o rn CO o co co o o 0 0 0 0 0 0 co O C) C M O f 0 N 0 1.- co ~ O yd„ U) N 0 O w Cn ~ U) a ~LL d W 7 W- W O W W U a' OH OH 00 OF 0~ N `0 0 to m co c`o `m co `m a) a) o a), m E N } } } } v O O O Lh r U- Y M U '0 C) C) 0 t Uo m co cc 000 d E V O O O O O p o 0 - ~O co 0N 7 N co 4N) c ea H m CL Z J I,-' U V) LO LO m°" Of CJ a U x O _ m m (n O d C Co 0 w a) E 3 U a ` =p Y U (0) 8 0 Y 0 0) -0 a) cu c O of co X 7 0 a) O 3 0 d c d° , U V d W Cl) LL N lY 0 11 i% m Ji O (D H d Z C) V co 0) co 00 co O O O O O 7 .'.m. N N N N N- C .tq Pickering Civic Complex 04 One The Esplanade ATTACHMENT #-L~-TO PIEPORT#L D I Pickering, Ontario I I Canada L1V 6K7 _ Direct Access 905.420.4660 PICKET I G Toll Free 1.866.683.2760 1 1~ l~ cityofpickering.com CORPORATE SERVICES DEPARTMENT 85 Department 905.420.4634 North Pickering 905.683.2760 Facsimile 905.420.5313 corpserv@cityofpickering.com October 29, 2009 R.J. Clapp, Commissioner of Finance Regional Municipality of Durham, Finance Department 605 Rossland Road East Whitby, ON L1 N 6A3 Subject: Request to Issue Debentures on Behalf of the City of Pickering This letter serves as a formal request to the Regional Municipality of Durham to issue debentures on behalf of the City of Pickering. Details of approved projects together with the named amounts and requested terms are as follows: Description of Projects Terms Amount Artificial Turf Field at Bay Ridges Kinsmen Park 5-Year $499,000 Total- 5-Year $499,000 Supply and Delivery of One Heavy Rescue Vehicle 10-Year 680,000 Sideline 4 Road Reconstruction-Phase Two Supply and Delivery of One Heavy Rescue Vehicle 10-Year 440,000 City Road Reconstruction for Sideline 4, Concession 5 to 10-Year 427,000 Highway 7-Phase 1 Total- 10-Year $1,547,000 Dunbarton Indoor Pool Renovation Project 15-Year 500,000 Total- 15-Year $500,000 Total Debentures $2,546,000 All items required by you and the Fiscal Solicitor in order to approve and prepare the legal documentation relating to a debenture issue are attached. I hope this meets your requirements. Yours truly Gillis A. Paterson Director, Corporate Services & Treasurer A17ACHMENT# TO REPORT# L-!! q-4' oq 86 City of Pickering Total Projected Internal Loans & External Debentures Outstanding As at December 31, 2009 2006 2007 2008 2009 Dec. 31, 2009 2001.-2005 Original Principal Principal Principal Principal Principal Outstanding Amount Repayment Repayment Repayment Repayment Repayment Balance Internal Loans 20011ssue $7,677,000 ($3,822,081) ($861,392) ($746,111) ($758,027) ($778,450) $710,939 20021ssue 1,224,000 (339,978) (120 236) (125 427) (123 509) (156 890) 357,960 20031ssue 349,071 (57,458) (31,233) (189,906) (10,526) (11,029) 48,919 20041ssue 267,000 (28,125) (29,245) (30,442) (52,500) (29,878) 96,810 20051ssue 287,000 (53,275) (55,262) (57,323) (59,651) 61,489 20061ssue 352,000 (78,801) (82,183) (86,268) 104,748 20071ssue 597,000 (78,445) (99,592) 418,963 20091ssue 500,000 0 0 500,000 Total Internal Loans $11,253,071 ($4,247,642) ($1,095,381) ($1,225,949) ($1,162,513) ($1,221,758) $2,299,828 External Debentures 20021ssue $4,278,000 ($798,000) ($294,000) ($311,000) ($328,000) ($344,000) $2,203,000 2003Issue 3,494,000 (351,000) (369,000) (387,000) (408,000) (429,000) 1,550,000 20041ssue 1,537,000 (176,000) (184,000) (192,000) (200,000) (209,000) 576,000 20061ssue 2,792,000 (242,989) (254,648) (266,393) 2,027,970 20081ssue 8,506,000 0 0 (643,000) 7,863,000 2009 Unfinanced ' 2,546,000 0 0 0 2,546,000 Total Ext. Debentures $23,153,000 ($1,325,000) ($847,000) ($1,132,989) ($1,190,648) ($1,891,393) $16,765,970 Total Projected Loans & Debentures $34,406,071 ($5,572,642) ($1,942,381) ($2,358,938) .($2,353,161) ($3,113,151) $19,065,798 * Await Region's, next debenture issue Cry REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 45-09 Date: December 14, 2009 87 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2010 Interim Spending Authority Recommendation: 1. That Report CS 45-09 from the Director, Corporate Services & Treasurer be received; 2. That the 2010 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1, pending approval of the formal 2010 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: Adoption of interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization for the payment of salaries and wages and such other accounts as may be necessary for normal day-to-day operations of the City. At the conclusion of the Budget process, all interim current operating appropriations are nullified and replaced with the detail appropriations as approved by Council. Sustainability Implications: Interim Spending Authority is required to maintain the operations of the City pending approval of the 2010 Current Budget. Without this approval the City is unable to maintain financial sustainability during this period. Report CS 45-09 December 14, 2009 Subject: 2010 Interim Spending Authority Page 2 Background: Each year, pending approval by City Council of the annual Operating Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budget is adopted by Council. Such authority is in the form of interim current operating appropriations to meet estimated expense requirements of the individual departments, agencies and boards. The 2009 Current Budget was considered by Council in May 2009. The 2010 Budget may prove to be as challenging as 2004 to 2009 due to the City's unique fiscal situation. Therefore, we are seeking approval to provide for interim spending authority for up to the first six months of 2010 or when Council approves the 2010 Budget, whichever occurs first. Appropriate adjustments have been made in the departmental appropriations listed as Attachment 1 where the spending patterns indicates.that something greater than 6/12's will be necessary for the first six months of 2010 such as snow clearing (Roads) activity. Due the requirements of Public Sector Accounting Board (PSAB) coming into effect starting January 1, 2009, small capital items are included. While there is a minor provision for small capital expenditures from current funds, any capital projects proposed prior to the approval of 2010 Capital budget will require specific approval by Council. Attachment: 1. 2010 Interim Appropriations for Current Budget Operating Expenditures Prepared By: Approved / Endorsed By: Caryn Kong - Gillis A. a erson Senior Financial Analyst - Capital & Director, Corporate Services & Treasurer Debt Management GAP:ck Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Th mas J. ue , RD , CMM 111 Chief Adminis tive Officer A'1'TACIimw #-i-TO REP©RT #_L: 4A - 89 CITY OF PICKERING 2010 INTERIM CURRENT OPERATING APPROPRIATIONS 2009 2010 (Jan 1- June 30) APPROVED Interim Appropriation BUDGET BUDGET Mayor Ryan $137,718 $68,859 B.Littley, Reg. Coun. Ward 1 67,503 33,752 B. Mclean, Reg. Coun. - Ward 2 69,395 34,698 R. Johnson, Reg. Coun. Ward 3 86,029 43,015 J. O'Connell, City Coun. - Ward 1 73,633 36,817 D. Dickerson, City Coun. Ward 2 80,187 40,094 D. Pickles, City Coun. - Ward 3 75,165 37,583 Council Support 327,286 163,643 2121 C.A.O. Office 529,481 264,741 2129 Customer Care Centre 324,161 162,081 2192 Office Of Sustainability 890,560 445,280 2139 Human Resources 523,540 261,770 2141 Health & Safety 122,924 61,462 2125 Legal Services 289,366 144,683 2122 Clerks Office 533,353 266,677 2191 Records Management & Elections . 88,263 44,132 2199 Print Shop/Mail Room 394,222 197,111 2220 By-law 706,619 353,310 2293 Animal Services 396,291 198,146 2127 Finance (Accting, Taxes & Payroll) 2,576,183 ' 1,288,092 2133 Supply & Services 345,951 172,976 2196 Information Technology 1,437,287 718,644 2710 Operations & Emerg.Services-Admin. 502,675 251,338 2241. Emerg. Operations-Claremont 167,452 83,726 2240 Fire Protection 13,075,045 6,537,523 2290 Mun. Prop. Eng. & Admin. 1,938,818 969,409 ill 2320 Roads 5,579,245 3,347,547 2132 Property Maintenance 642,895 321,448 2230 Crossing Guards 336,000 168,000 2325 Street Lights 734,500 367,250 2430 Environmental Services 179,184 89,592 2718 Parks 3,166,303 1,583,152 2315 Operations Centre-Municipal Garage 989,926 494,963 2124 Civic Complex 467,589 233,795 2572 Senior Citizens Centre 298,073 149,037 2711 Cult. & Rec. Admin. 995,997 497,999 2712 Programs 2,277,921 1,138,961 2713 Dunbarton Pool 263,590 131,795 2715 Don Beer Arena 970,204 485,102 2719 Community Centres 649,642 324,821 2731 Recreation Complex - Central Core 2,533,846 1,266,923 2733 Recreation Complex - Pool 872,644 436,322 2735 Recreation Complex - Arenas 711,860 355,930 2744 Museum 519,015 259,508 2610 Plan & Develop - Admin 935,648 467,824 2611 Planning 1,774,998 887,499 2612 Building Services 954,829 477,415 2613 Development Control 505,239 252,620 2630 Committee of Adjustment 8,700 4,350 2743 Heritage Pickering 3,950 1,975 2745 Libraries 4,533,911 2,266,956 General Government Expenses-Various 12,080,636 5,282,393 Capital-Equipment & Furniture 200,000 TOTAL $ 68,745,452 $ 34,372,726 City 00 REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 46-09 90 Date: December 14, 2009 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2010 Temporary Borrowing By-law Recommendation- 1 . That Report CS 46-09 from the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2010 current expenditures pending receipt of taxes and other revenues be established at $33,800,000 for the period January 1, 2010 to September 30, 2010 inclusive, and $16,900,000 thereafter until December 31, 2010; 3. That the temporary borrowing limit for capital purposes for 2010 be established at $22,700,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: At this time it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. With internal borrowings being undertaken to the maximum advisable, we will be resorting to external borrowing from the Regional Municipality of Durham (Region) in 2010 for approved capital expenditures. For current purposes, the $31.9 million limit for 2009 has been increased to $33.8 million for 2010 and the $15.9 million has been increased to $16.9 million. The limit for capital purposes for 2010 has been established at $22.7 million based on second draft of the 2010 Capital Budget. This may have to be adjusted once 2010 Capital Budget has been approved. Report CS 46-09 December 14, 2009 Subject: 2010 Temporary Borrowing By-law Page 2 91 Sustainability Implications: Council approval to undertake temporary borrowings, if necessary, for current operations and capital projects is necessary in order to financially sustain the City's operations. To date it has not been necessary for the City to undertake such temporary financing measures but approval is always sought at the beginning of the fiscal year (calendar) in order to be prepared in the event that loans are necessary. Background: The borrowing of funds for current and capital purposes may become necessary during the normal course of operations during.2010. Under the provisions of Section 407 of the Municipal Act, 2001, (the Act), the Council of the City of Pickering may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation, may also undertake temporary borrowings, under individual project approvals, for capital projects pending permanent financing, including the issuance of debentures by the Region. Current Budget Financing_ The amount of such temporary borrowing outstanding at any one time is generally limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50 per cent of the estimated annual revenues from January 1 to September 30 and to 25 per cent thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the next preceding year. Based upon the 2009 estimates of the Corporation, the allowable level of temporary borrowing outstanding under legislation is estimated at $33,800,000 from January 1 to September 30 and $16,900,000 thereafter. The requested $33,800,000 should be sufficient to meet the current expenditures of the City until the levies for 2010 are received. It is hoped that this amount will provide a sufficient level of temporary borrowings taking into account the potential effects of taxation legislation and its impact on cash flows. Capital Budget Financing: Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for the Treasurer to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $22.7 million capital borrowing limit would provide sufficient funds to cover the estimated 2010 capital expenditures. Report CS 46-09 December 14, 2009 Subject: 2010 Temporary Borrowing By-law Page 3 9 Attachment: 1. By-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2010 Prepared By: Approved / Endorsed By: CarYn Kong Gillis A. Paterson Senior Financial Analyst - Capital & Director, Corporate Services & Treasurer Debt Management GAP:ck Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tomas J. uin RD ; CMM III Chief Administr `tive Officer I At'i'I1 mENT#_,,,1_TO mnrKr#.LS 46 -o q 93 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2010. WHEREAS Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality to borrow from time to time -by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by-law to be provided by the Council for any local board of the Municipality; WHEREAS Section 407(2) limits the total of such borrowings to not exceed 50 per cent of the estimated annual revenues from January 1, 2010 to September 30, 2010 and 25 per cent thereafter; WHEREAS it is deemed necessary by the said Council to borrow the sum of thirty-three million eight hundred thousand dollars ($33,800,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2010, including the amounts and sums aforesaid; WHEREAS the said sum of thirty-three million eight hundred thousand dollars ($33,800,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2009 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $16,900,000 is less than 25 per cent thereafter; WHEREAS the Municipal Act, 2001, provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the Council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of twenty-two . million seven hundred thousand dollars ($22,700,000) to meet the capital expenditures approved by Council. 94 By-law No. Page 2 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding thirty- three million eight hundred thousand dollars ($33,800,000) to meet, until the levies for the year 2010 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2010 to September 30, 2010 inclusive and $16,900,000 thereafter until December 31, 2010. 2. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty- two million seven hundred thousand dollars ($22,700,000) to meet the capital expenditures as approved by Council, of the Municipality including the amounts required for principal and interest. 3. Any promissory notes made under the authority of this by-law shall be sealed and signed in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This by-law shall come into effect on the first day of January 2010. BY-LAW read a first, second and third time and finally passed this 21th day of December, 2009. David Ryan, Mayor Debbie Shields, (Acting) City Clerk city's REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 47-09 Date: December 14, 2009 95 From: Gillis A. Paterson Director, Corporate Services Treasurer Subject: Veridian Inter-Creditor Agreement Recommendation: 1. That Report CS 47-09 of the Director, Corporate Services & Treasurer regarding the Veridian - Inter-Creditor Agreement be received; 2. That the Mayor and Clerk be authorized to execute an Inter-Creditor Agreement in a form substantially as attached hereto and acceptable to the Director, Corporate Services & Treasurer, between the Toronto Dominion Bank, the Town of Ajax, the City of Belleville, the Municipality of Clarington, the City of Pickering, Veridian Corporation and Veridian Connections Inc. ; 3. That the Director, Corporate Services & Treasurer be authorized to undertake any discussions, negotiations or amendments to agreements necessary in order to put into effect the wishes of Council as expressed under these and previous Resolutions regarding this matter; and, 4. That appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The Promissory Notes held by the Shareholders are debt subordinated to any other debt issued by Veridian Corporation and Veridian Connections Inc. Execution of this agreement between all parties recognizes the fact, in a way that makes the Toronto Dominion Bank a party to the subordination, and ensures any amounts owing the Bank rank before such debt. This agreement is the same as that approved by Council under Report CS 41-01 in November, 2001 with the Bank of Nova Scotia. Financial Implications: Approval of the recommendations allows Veridian to set up a $40 million term loan credit facility with the Toronto Dominion Bank. Debt under such a facility will rank ahead of the Promissory Notes issued to Pickering and the other Shareholder municipalities. Report CS 47-09 Date: December 14, 2009 Subject: Veridian - Inter-Creditor Agreement Page 2 96 Sustainability Implications: There are no sustainability implications for the City of Pickering. Background: Veridian Corporation has arranged bank financing with the Toronto Dominion Bank. The five-year agreement with the Bank provides up to $40 million in lines of credit and guarantees for Veridian Corporation and Veridian Connections . This will provide financing for capital expenditures and investments and guarantees to be posted with the Independent Market Operator in support of electricity procurement. The Bank requires an Inter-Creditor Agreement so that it is a party to the agreement with the municipal shareholders that the $60.8 million Promissory Notes held by the municipalities are subordinated in rank to this senior Bank debt. In the terms of the Promissory Notes recently passed by each Council, this subordination feature was included, as it was in previous Notes, so that Veridian could obtain necessary additional financing. Municipal shareholder debt is protected by the Shareholders' Agreement. Veridian cannot place debt, including Subordinated Promissory Notes, in excess of 70% of the total capitalization of Veridian. Lending institutions deem this to be an acceptable debt to capitalization ratio. Veridian's legal counsel has reviewed the Inter-Creditor Agreement. It is requested by Veridian that the Council approve the, Inter-Creditor Agreement and authorize the Mayor and Clerk to execute this agreement. Attachments: 1. Correspondence from D. Clarke, Executive Vice President, Veridiian 2. Inter-Creditor Agreement Report CS 47-09 Date: December 14, 2009 Subject: Veridian - Inter-Creditor Agreement Page 3 97 Prepared By: Approved / Endorsed By: 01 Gillis A. Paterson Gillis A. Paterson Director, Corporate Services & Treasurer ' Director, Corporate Services & Treasurer GAP:vw Copy: Chief Administrative Officer Recommended for the consideration of Pickering /City oun ' IL T om s J.'Quinn, D R, C M II ffic Chief Administrative 9 8 ATTACHMENT#._LTO REPORT#~:.`I"~'v q MEMORANDUM VERIDIAN C O N N E C T I O N S To: Gil Paterson, Director, Corporate c: Services & Treasurer, City of Pickering Martin de Rond, Director of Legislative and Information Services/Town Clerk Town of Ajax Patti Barrie, Municipal Clerk Municipality of Clarington Julie Oram, Director of Corporate Services, City Clerk City of Belleville From: David Clark, Executive Vice President, Corporate Services and CFO Veridian Connections Inc. Date: November 30, 2009 Re: Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank Summary Veridian is in the process of securing bank financing. Similar to the bank financing Veridian previously held between 2001 and 2006, an inter-creditor agreement is again required to confirm that promissory notes held by the shareholders are subordinated to the bank loans advanced to Veridian. I The debt financing planned by Veridian supports funding that is required for Veridian's 2009 and 2010 capital investments. This debt financing is part of the 2009 Veridian financial plan which moved Veridian from a very low debt to capital structure to a debt structure more typical of the i industry. Additional dividends were paid 'to shareholders in 2009 as part of this capital structure change. This memorandum is a request to the shareholders of Veridian to approve and execute an inter- j creditor Agreement. Promissory notes that are owed to the shareholders from Veridian are ---subordinate--to_Veridian-obligations--to--a_ny other-financial-institution--or---lender----The-inter-creditor--.---.-----------_---r 99 Date: November 30, 2009 Page.2 Memo re: Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank Agreement provides a confirmation of this subordination to the bank. An inter-creditor agreement was previously in place with shareholders when Veridian borrowed funds from the Bank of Nova Scotia between 2001 and 2006. Background Information Supporting this Request Veridian has negotiated a credit facility agreement with the Toronto Dominion Bank. The credit facility agreement provides for a loan facility of $20 million that will be drawn during December to restore cash balances used to fund distribution business capital expenditures and 2009 dividends paid to the Veridian shareholders. There is also an uncommitted working capital facility of an additional $20 million that will be available for Veridian to draw upon for necessary short tern loan requirements. An inter-creditor agreement is required by Toronto Dominion to document and commit all parties to the subordination ranking of the shareholder promissory notes to the new bank debt. Parties to the proposed inter-creditor agreement are Veridian Corporation and Veridian Connections Inc, and all parties that hold loans payable by Veridian; the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank. This request to execute an inter-creditor agreement has been submitted to each of the Veridian shareholders. Clarington, Belleville and Ajax will consider the request at their December 14 Council meetings. Pickering will consider the request at their December 21 Council meeting. The inter-creditor agreement appended to this memorandum has been drafted by Veridian's solicitor and includes changes and amendments that were requested by the shareholders' Directors of Finance. Aside from the changes and amendments as requested by the Directors of Finance, the i inter-creditor agreement is the same as the previous agreement between Veridian, Veridian shareholders and the Bank of Nova Scotia that supported bank financing of Veridian between the i years 2001 and 2006. Veridian shareholder promissory notes in the amount of $61 million originated at the incorporation of Veridian and are still in place today. These notes contain a subordination clause where the shareholders acknowledge that the obligations by Veridian to pay the promissory notes are postponed and subordinated to the obligations of Veridian to any, other financial institution or lender. The promissory notes further provide that the shareholders are to provide necessary documents as may be required to provide for the subordination and postponement. Veridian continues to operate with a very modest level of debt. The shareholder promissory notes of $61 million and the planned $20 million Toronto Dominion bank debt that will be drawn in December 2009 is the only debt owed by Veridian to lenders. The total $81 million in debt is just 47% of the book value of Veridian's $174 million in net assets. Veridian maintains a credit rating with Dominion Bond Rating Service (DBRS). The current DBRS rating for Veridian is A stable. 100 Date: November 30, 2009 Page 3 Memo re: Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank Veridian's financial plan continues to provide for dividends and interest payments to shareholders consistent with previous long term projections. Veridian respectfully requests Council to approve and execute the inter-creditor agreement as appended. Davi lark, FCMA, C. Dir, ]I five Vice President, Corporate Services and CFO Verdian Connections Inc. C.C. Debbie Shields, Acting City Clerk, City of Pickering Rob Ford, Director, Finance/Treasurer, Town of Ajax Nancy Taylor, Director, Finance/Treasurer, Municipality of Clarington Marie Marano, Director, Corporate Services, Municipality of Clarington Brian Cousins, Director of Finance/Treasurer, City of Belleville I 0 61 ATTACHMENT a TO REPORT #.`f~ ' 101 INTER-CREDITOR AGREEMENT THIS AGREEMENT made as of the day of December, 2009. BETWEEN: THE TORONTO-DOMINION BANK, a Canadian chartered bank (herein called the "Senior Creditor") - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a municipal corporation existing under the laws of the Province of Ontario (herein called "Clarington") -and- THE CORPORATION OF THE TOWN OF AJAX, a• municipal corporation existing under the laws of the Province of Ontario (herein called "Ajax") -and- THE CORPORATION OF THE CITY OF PICKERING, a municipal corporation existing under the laws of the Province of Ontario (herein called "Pickering") -and- THE CORPORATION OF THE CITY OF BELLEVILLE, a municipal corporation existing under the laws of the Province of Ontario (herein called "Belleville") -and- VERIDIAN CORPORATION, a corporation amalgamated under the laws of the Province of Ontario (herein called "VC") Inter-Creditor Agreement Execution Copy 102 -2- -and- VERIDIAN CONNECTIONS INC., a corporation amalgamated under the laws of the Province of Ontario (herein called "VCI") WHEREAS the Obligors are or may become indebted to each of the Creditors and the parties hereto desire to enter into this agreement in order to set out their respective rights and obligations, including the respective priorities of the Creditors in connection with the indebtedness of the Obligors to them; NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual, covenants herein contained and other good and valuable consideration, given by each of the parties hereto (the receipt and sufficiency of which are hereby acknowledged by all of the parties hereto), the parties hereto hereby agree with each other as follows: ARTICLE 1 INTERPRETATION 1.01 Definitions. The following defined terms shall for all purposes of this agreement, or any amendment hereto, have the following respective meanings unless the context otherwise specifies or requires or unless otherwise defined herein: "Business Day" means any day other than a Saturday or Sunday on which banks are generally open for business in Toronto, Ontario. "Credit Agreements" means the VC Credit Agreement and the VCI Credit Agreement and "Credit Agreement" means either of them. "Creditors" means the Senior Creditor and the Subordinated Creditors and "Creditor" means any of the Creditors. "Default" means any of the events of default specified in any Loan Agreement entitling a Creditor to demand or accelerate payment of any Obligations. "Demand" means any notification by any of the Creditors to either Obligor of a demand for payment under any Loan Agreement. "Insolvency Legislation" means the Bankruptcy and Insolvency Act (Canada); the Companies' Creditors Arrangement Act (Canada), the Bankruptcy Code (United States) and any similar statute or law in any jurisdiction. "Loan Agreements" means the Senior Loan Agreements and the Subordinated Loan Agreements and "Loan Agreement" means any one of the Loan Agreements. "Obligations" means Senior Obligations and the Subordinated Obligations. Inter-Creditor Agreement Execution Copy -3- 103 "Obligors" means VC and VCI. "Senior Loan Agreements" means all documents, instruments and agreements evidencing the Senior Obligations, including, without limitation, the Credit Agreements. "Senior Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect absolute or contingent, matured or not, at any time owing by VC or VCI to the Senior Creditor or remaining unpaid by VC or VCI to the Senior Creditor under or in connection with the Senior Loan Agreements. "Subordinated Creditors" means Clarington, Ajax, Pickering and Belleville. "Subordinated Loan Agreements" means any agreement entered into from time to time between either Obligor and any of the Subordinated Creditors evidencing any Subordinated Obligations, including, without limitation, the following: (a) the third amended and restated term promissory note in the principal amount of $5,966,000 dated October 31, 2009 and made by VCI in favour of Clarington; (b) the third amended and restated term promissory note in the principal amount of $5,588,000 dated October 31, 2009 and made by VCI in favour of Belleville; (c) the third amended and restated term promissory note in the principal amount of $14,060,000 dated October 31, 2009 and made by VCI in favour of Ajax; (d) the third amended and restated term promissory note in the principal amount of $17,974,000 dated October 31, 2009 and made by VCI in favour of Pickering; (e) the third amended and restated term promissory note in the principal amount of $2,206,000 dated October 31, 2009 and made by VC in favour of Belleville; (f) the third amended and restated term promissory note in the principal amount of $5,550,000 dated October 31, 2009 and made by VC in favour of Ajax; (g) the third amended and restated term promissory note in the principal amount of $7,095,000 dated October 31, 2009 and made by VC in favour of Pickering; and (h) the third amended and restated term promissory note in the principal amount of $2,355,000 dated October 31, 2009 and made by VC in favour of Clarington. "Subordinated Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing by either Obligor to any of the Subordinated Creditors or remaining unpaid by either Obligor to any of the Subordinated Creditors under or in connection with the Subordinated Loan Agreements. "VC Credit Agreement" means the credit agreement made as of November 12, 2009 between VC- and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. Inter-Creditor Agreement Execution Copy 104 -4- "VCI Credit Agreement" means the credit agreement made as of November 12, 2009 between VCI and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. 1.02 Other Usages. References to "this agreement", "the agreement", "hereof, "herein", "hereto" and like references refer to this Inter-Creditor Agreement and not to any particular Article, Section or other subdivision of this Inter-Creditor Agreement. Any references to "this agreement", the agreement", "hereof', "herein", hereto and like references refer to this Inter-Creditor Agreement as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof. 1.03 Plural and Singular. Where the context so requires, words importing the singular number shall include the plural and vice versa. 1.04 Headings. The division of this agreement into Articles, Sections and the insertion of headings in this agreement are for convenience of reference only and shall not affect the construction or interpretation of this agreement. 1.05 Applicable Law. This agreement shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action or proceeding with respect to this agreement may be brought in the courts of the Province of Ontario and, by execution and delivery of this agreement, the parties hereby accept for themselves and in respect of their property, generally and unconditionally, the non-exclusive jurisdiction of the aforesaid courts. Each party irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party to the address prescribed by Section 6. 10, such service to become effective five Business Days after such mailing. Nothing herein shall limit the right of any party to serve process in any manner permitted by law or to commence legal proceedings or otherwise proceed against any other party in any other jurisdiction. 1.06 Time of the Essence. Time shall in all respects be of the essence of this agreement. 1.07 Paramountcy. In the event of any conflict or inconsistency between the provisions of this agreement and the provisions of any other agreement which is referred to herein or delivered pursuant hereto, the provisions of this agreement shall prevail and be paramount. 1.08 No Rights Conferred on the Obligors.. Nothing in this agreement shall be construed as conferring any rights upon the Obligors or any third party. The terms and conditions hereof are and shall be for the sole and exclusive benefit of the Creditors. ARTICLE 2 -CONSENT 2.01 Consent of Creditors. Each Creditor consents to the incurring of the Obligations by the Obligors and waives any Default that the incurring of the Obligations may have constituted under the terms of the Loan Agreements. Inter-Creditor Agreement Execution Copy -s- 1 0 5 ARTICLE 3 PRIORITY OF OBLIGATIONS 3.01 Priority of Obligations. Except as. otherwise expressly provided in Section 3.03, the Subordinated Obligations shall be and are hereby postponed and made subordinate in right of payment to the prior payment in full in cash of the Senior Obligations. 3.02 Prohibited Payments to Subordinated Creditors. Except as otherwise expressly provided in Section 3.03, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept and shall not be entitled to accept, any payment or prepayment of principal, interest or other amount under the Subordinated Loan Agreements, whether in the form of cash, securities or otherwise and whether by way of payment, set off or otherwise. 3.03 Permitted Payments to the Subordinated Creditors. So long as no Bank Default Notice (as defined below) has been sent by the Senior Creditor and continues to be effective or no Default would result directly or indirectly from any payment described below, as between the parties hereto; the Obligors shall be permitted to pay the Subordinated Creditors and the Subordinated Creditors shall be permitted to receive, regularly scheduled payments on account of interest in accordance with the Subordinated Loan Agreements. If a Default occurs and a notice of such Default (a "Bank Default Notice") is sent by or on behalf of the Bank to the Obligors and the Subordinated Creditors, the payments otherwise permitted under this Section 3.03 shall not be permitted to be made or received from the date of the Bank Default Notice until such time as the Default which is the subject of such Bank Default Notice has been cured or waived. 3.04 Certain Covenants of Subordinated Creditors. The Subordinated Creditors shall not and shall not be entitled to: (a) accelerate the time for payment of any of the Subordinated Obligations or otherwise enforce or take any action to enforce payment of all or any part of the Subordinated Obligations, whether by way of set off or otherwise, unless and until all indebtedness of the Obligors to the Senior Creditor under or in connection with the Credit Agreements has become immediately due and payable pursuant to the terms thereof; (b) petition either of the Obligors into bankruptcy or initiate any similar proceeding under any applicable Insolvency Legislation; (c) amend,- alter or otherwise modify the Subordinated Loan Agreements; or (d) hold or obtain any security from the Obligors or any person on their behalf, for payment or performance of the Subordinated Obligations. Inter-Creditor Agreement Execution Copy 1 0 6 -6- 3.05 Distributions. (a) To the extent not otherwise permitted under the Credit Agreement, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the payment of any dividends or other distribution on or in respect of any shares in the capital of the Obligors. (b) The Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the redemption, retraction, purchase, retirement or other acquisition, in whole or in part, of any shares in the capital of the Obligors or any securities, instruments or contractual rights capable of being converted into, exchanged or exercised for shares in the capital of the Obligors, including, without limitation options warrants conversion or exchange privileges and similar rights. Notwithstanding the foregoing, the Subordinated Creditors shall be entitled to convert their interest under the Subordinated Loan Agreements as provided for therein. 3.06 Effect of Non-Compliance. (a) In the event any prepayments or other payments are made to or received by the Subordinated Creditors in contravention of this agreement, the Subordinated Creditors shall hold such prepayments or payments in trust for the Senior Creditor and shall not commingle such proceeds with any of their own funds and shall forthwith pay such prepayments or payments to the Senior Creditor to be applied by the Senior Creditor in reduction of the Senior Obligations. (b) Any action taken or thing done by any Subordinated Creditors in contravention of this agreement shall be null and void and of no effect: ARTICLE 4 REMEDIES 4.01 Remedies. The Obligors and the Subordinated Creditors hereby agree that all covenants, provisions and restrictions contained herein are necessary and fundamental in order to establish the respective priorities of the Creditors in connection with the Obligations, and that a breach by any of the Obligors or the Subordinated Creditors of any such covenant, provision or restriction would result in damages to the Senior Creditor that could not adequately be compensated by monetary award. Accordingly, it is expressly agreed by the Obligors and the Subordinated Creditors that in addition to all other remedies available to it including, without limitation, any action for damages, the Senior Creditor shall be entitled to the immediate remedy of a restraining order, interim injunction, injunction or other form of injunctive or other relief as may be decreed or issued by any court of competent jurisdiction to restrain or enjoin the Obligors or the .Subordinated. Creditors from breaching any such covenant, provision or restriction. 4.02 Default Notice. Each Creditor agrees to give written notice to each other Creditor simultaneously with or immediately after the delivery to either of the Obligors of any written notice of a Demand or a Default. Failure of a Creditor to give notice as provided in this Section 4.02 shall not affect the priorities established or other agreements provided for herein, Inter-Creditor Agreement Execution Copy 1 07 nor shall such Creditor be liable for failure to give any such notice nor shall any such failure in any way limit or derogate from the obligations of the other Creditors. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF THE SUBORDINATED CREDITORS 5.01 Representations and Warranties of the Subordinated Creditors. Each of the Subordinated Creditors hereby represents and warrants to the Senior Creditor as follows and acknowledges and confirms that the Senior Creditor is relying upon such representations and warranties in extending credit to VC under the Senior Loan Agreements: (a) each Subordinated Creditor is a municipal corporation duly incorporated and organized and validly -subsisting under the laws of its jurisdiction of incorporation. Each Subordinated Creditor has all requisite corporate capacity, power and authority to enter into, and carry out the transactions contemplated by, this agreement; (b) all necessary action, corporate or otherwise, has been taken to authorize the execution, delivery and performance of this agreement by each Subordinated Creditor and each Subordinated Creditor has duly executed and delivered this agreement. This agreement is a legal, valid and binding obligation of the Subordinated Creditor, enforceable against each Subordinated Creditor by the Senior Creditor in accordance with its terms. ARTICLE 6 MISCELLANEOUS 6.01 Consent of the Obligors. Each Obligor, by its execution hereof, hereby agrees to be bound by, and shall act in accordance with, the terms, provisions and intent of this agreement. 6.02 Information Exchange. Each Creditor agrees to disclose to each other Creditor upon reasonable request from time to time the aggregate amounts then owing by the Obligors to it and whether it has any actual knowledge of any Default. Each Obligor hereby consents to each Creditor providing the other Creditor with such information, financial or otherwise, regarding the Obligors and the Creditors' respective Obligations as may be deemed advisable by the Creditors from time to time. 6.03 Non-Impairment of the Senior Creditors' Rights. No right of the Senior Creditor to enforce its rights hereunder shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Obligors or by any act or failure to act by the Senior Creditor, or by any non-compliance by the Obligors or the Subordinated Creditors with the terms of this agreement, regardless of any knowledge thereof which the Senior Creditor may have or be otherwise charged with. Without the Subordinated Creditors' consent, the Senior Creditor may extend, renew, modify, or increase the Senior Obligations or amend or waive the terms of the Senior Loan Agreements and otherwise deal freely with VC, all without affecting the liabilities and obligations of the Obligors and the Subordinated Creditors hereunder and without causing or constituting a breach of or default under any of the Subordinated Obligations. Notwithstanding the foregoing, the Senior Creditor agrees to provide the Subordinated Creditors with prior written Inter-Creditor Agreement Execution Copy 108 -s- notice of any such extension, renewal, modification, amendment or increase in the Senior Obligations in accordance with the notice provisions contained in Section 17 hereof provided that the inadvertent failure to provide such notice shall not result in any liability of the Senior Creditor to the Subordinated Creditors. 6.04 Waivers and Amendments. No failure or delay by the Senior Creditor in exercising any right hereunder shall operate as a waiver of such right nor shall any single or partial exercise of any power or right preclude its further exercise or the exercise of any other power or right. Any term, covenant, condition or obligation of this agreement. may only be amended with the written consent of all of the parties hereto or compliance therewith may only be waived (either generally or in a particular instance and either retroactively or prospectively) by the Senior Creditor in writing and in any such event the failure to observe, perform or discharge any such term, covenant, condition or obligation, so amended or waived (whether such amendment is executed or such consent or waiver is given before or after such failure), shall not be construed as a breach of such term, covenant, condition or obligation. 6.05 Liability of Subordinated Creditors. - The Senior Creditor hereby acknowledges and agrees that, except as may be expressly provided for herein, the Subordinated Creditors are not and will not be liable in any way for payment or performance of the Senior Obligations. 6.06 Severability. Each provision of this agreement is intended to be severable and if any provision is illegal, invalid or unenforceable, such illegality, unenforceability or invalidity shall not affect the validity of this agreement or the remaining provisions. 6.07 Counterparts. This agreement may be executed in any number of counterparts, all of which shall be deemed to be an original and such counterparts taken together shall constitute one agreement, and any of the parties hereto may execute this agreement by signing any such counterpart. 6.08 Further Assurances. The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other acts and things as may be necessary or desirable in order to give full effect to this agreement and every part thereof. No party to this agreement shall take any action whereby the priorities and rankings set out in this agreement might be impaired or defeated. 6.09 Assignment. This agreement shall enure to the benefit of and shall be binding upon the respective successors (including, without limitation, any trustee in bankruptcy or liquidator) and permitted assigns of the parties hereto. The Subordinated Creditors shall not assign any of their rights and obligations hereunder or under the Subordinated Loan Agreements. The rights and the obligations of the Senior Creditor hereunder may be assigned by the Senior Creditor in whole or in part without the consent of the other parties hereto but only in connection with or as part of an assignment by the Senior Creditor of its rights under the Credit Agreement. 6.10 Entire Agreement. This agreement contains the entire understanding of the parties with respect to the priority of the Obligations and supersedes any prior agreements, undertakings, declarations, representations and understandings, both written and verbal, in respect of the priority of the Obligations. There are no restrictions, agreements, promises, warranties, Inter-Creditor Agreement Execution Copy -9- 1 09 covenants or undertakings relating to the priority of the Obligations other than those set forth in this agreement. 6.11 Notices. Except as otherwise provided herein, all notices and other communications provided for herein shall be in writing and shall be personally delivered to an officer or other responsible employee of the addressee or sent by telefacsimile, charges prepaid, at or to the applicable addresses or telefacsimile numbers, as the case may be, set out opposite the relevant party's name below or at or to such other address or addresses, telefacsimile number or numbers as any party hereto may from time to time designate to the other parties in such manner. Any communication which is personally delivered as aforesaid shall be deemed to have been validly and effectively given on the date of such delivery if such date is a Business Day and such delivery was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of delivery. Any communication which is transmitted by telefacsimile as aforesaid shall be deemed to have been validly and effectively given on the date of transmission if such date is a Business Day and such transmission was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of transmission. In the case of the Senior Creditor: The Toronto-Dominion Bank South-East Commercial Banking Centre 2 King Street East Oshawa, Ontario L1H 7L3 Attention: Director, Corporate Banking] Telefax: (905) 576-9147 In the case of the Obligors: Veridian Corporation/Veridian Connections Inc. 55 Taunton Road East Ajax, Ontario LIT 3V3 Attention: Vice-President, Corporate Affairs and Secretary Treasurer Telefax: (905) 619-0210 In the case of Clarington: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mayor Telefax: (905) 623-5717 Inter-Creditor Agreement Execution Copy 1 0 -10- In the case of Ajax: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario L 1 S 2H9 Attention: Mayor Telefax: (905) 683-1061 In the case of Pickering: _ The Corporation of the City of Pickering 1 The Esplanade Pickering, Ontario LIV 3P4 Attention: Mayor Telefax: (905) 420-9695 In the case of Belleville: The Corporation of the City of Belleville 459 Sidney Street Belleville, Ontario K8N 2Y7 Attention: Mayor Telefax: (613) 967-3209 6.12 Termination of Agreement. This agreement shall terminate and shall be of no further force or effect upon the earlier to occur of: (a) all Senior Obligations being repaid in full and all commitments of the Senior Creditor under the Senior Loan Documents having been terminated; and (b) the written agreement of the Senior Creditor to such effect. Inter-Creditor Agreement Execution Copy -11- IN WITNESS WHEREOF the parties hereto have executed this agreement. THE TORONTO-DOMINION BANK By: Name: Title: By: Name: Title: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Name: Title: By: Name: Title: THE CORPORATION OF THE TOWN OF AJAX By: Name: Title: By: Name: Title: THE CORPORATION OF THE CITY OF PICKERING By: Name: Title: By: Name: Title: Inter-Creditor Agreement Execution Copy -12- 112 THE CORPORATION OF THE CITY OF BELLEVILLE By: Name: Title: By: Name: Title: VERIDIAN CORPORATION By: Name: Title: By: Name: Title: VERIDIAN CONNECTIONS INC. By: Name: Title: By: Name: Title: ::0DMA\PCD0CS\T0R01 \4211456\1 Inter-Creditor Agreement Execution Copy Pty o¢~ REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 48-09 Date: December 14, 2009 3 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Recommendation: 1. That Report CS 48-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $24,504.94 with a net cost to the City of approximately $4,703.61, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2009 Current Budget allocation under General Government- Provision for Uncollectable Taxes. The 2009 budget provision is $277,000 and $159,354.77 including the above has been spent to date. Sustainability Implications: This report does not contain any sustainability implications. Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration. and collection of property taxes. Under the provisions of Section 357 of the Municipal Act, reduction of taxes due to fire, demolition, exemption, assessment change or error is allowed for the current year only. Section 358 of the Municipal Act, allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years. Change in realty tax class can translate into lower property taxes if the property went from industrial to commercial tax class or commercial to residential tax class. Report CS 48-09 Date: December 14, 2009 Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Page 2 114 Demolitions, and other physical changes to a property, such as removing or filling in a swimming pool, or damage caused by fire result in a reduction in assessment and taxes. Four properties reflect "no recommendation" in their property taxes which is shown as having zeros in the corresponding columns. In general, "no recommendation" means that either a reduction in assessment was not warranted or further property tax reduction was not necessary as per the Assessment Act. If the property owner does not agree with MPAC's recommendation, they have the right to appeal to.the Assessment Review Board under subsection 7 of the Municipal Act, 2001. Attachments: 1. Section 357/358 Adjustment to Taxes - Taxable Prepared By: Approved / Endorsed By: Tracy Parson Gillis A. Paterson Acting, Coordinator Taxation Services Director, Corporate Services & Treasurer GAP:tp Cop : Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. uin Chief Administ vReDM M Officer ATTACHMENT#L.TO REPORT #Zi~g- l l_ O O O 0 O w Lo F- M O N CNN w 0 Fz(o t~ f`.R 0000000 aO 17 O N 07000(D 7 M 1~ OMMO J CO N CM N O 0000(0 Lf) r` vN I-- N I-- OCO (D ON0) 0 N 0)0 MNNO tPD_cor - M M---- 1 1 5 0 N0 co M r ( rN F Cl) 0 O co O N O 00) r 0 h 0 N h W O 0 NW 00 t-- M0N z NNN00 c")OOV 0100000100 Cli 0~W tO CO M(D CD I~~M O 001-1~ ON V NhOM w 0000 V N 0 O~CO OO~~MM a) c)NO')~ . r- r N N - N O W M0N O V 0000 mm CD 0co 00 MO 1-m OI- OM z r CO CO0Co LO 00N CO V 000000 0)(D 0000 CDN 0 r` V O N O O a) 0 0 0 O N O O O O M 0) fl- N Cl) N M N NO t-- 1-07 (D co (D N 00 a) a)(00)0 ON C0 N 0NN00 N 0 0 O w - N O 0'IT O(D O O 0) 0(0 M O f` 0000) 000 h t- 0) f` n Ma) O (0000 rN 00 (D 000000 (O 00- V CON O O _N 0 0 V' O O Co N O a) 0 0 0 'zr M 0( 0 0 0 0 .-N0a) 04 O COON OV N co i 04 It -It M~10 w OOOOO M MM CM 0000000 _O N 00 0000000 0 LU C) C> 1-- O N N N N O 001.- r- (D co O O O V V OO m 0(D04 0 0 0 0 0 0 f` O M Cl) Cl) M 000 0 N V t 7 N(D 0(D(D(D(D 0) M_ 7 P- f` t` t` M r-- 00 V (D(D(D 00) Z 'It 'IT ' 0 0 0 0 O O O O O O N 0 0 0 V O Z MMO~(ONNNNCOM~NNNNCD NOON t-c0 N N N N N N N M O O O O N M O N N N N J O O O O O O O O O O O O O O O O O O O O O O O O O 0 C. 0 0 C. 0 C. 0 0 0 _O 0 0 0 0 0 0 0 0 O_ 0 0 0 0 0 0 NN N('M NNN NN (`70M MMMN N Cl) 0 C. 0 0 0 0 0 0 0 0 0 0 C. 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