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June 9, 2014
For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca Executive Committee Agenda Monday, June 9, 2014 Council Chambers 7:00 pm Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. 2 Report FIN 12-14 June 9, 2014 Subject: 2013 Year End Audit Page 2 Obligatory Reserve Funds which are provided for a specific purpose under legislation and reported as deferred revenue, increased by almost $2.4 minion to $50.0 million, primarily due to a net change in development charges. Total discretionary Reserves and Reserve Funds decreased by $2.4 million to $30.2 million. Although noted as discretionary, a!most half ofthese balances have been set aside for specific purposes by Council. Long term liabilities remained at relatively the same level but will be expected to significantly increase in 2014 with the borrowing for the construction of the ~ndoor Soccer Facility and the \Nhitevale Bridge. Overall, the City's financial position is healthy. A strong balance sheet provides assurances to the City's lenders, bankers, ratepayers and businesses that the City is able to meet its financial commitments. Discussion: The audit of the consolidated financial statements for the year ended December 31, 2013 has been completed. The auditor's Year-end Communication Report is included as Attachment 1. This report, prepared by Deloitte, summarizes the results of the December 31, 2013 audit and comments on significant matters regarding the audit and other matters they may believe to be of interest to Council. The independence letter in Appendix 1 confirms that Deloitte is independent from the City. Appendix 2 is the draft management representation letter which is provided by the City to the auditors. This letter indicates that the Financial Statements are management's responsibility and that management has provided and disclosed all necessary information to ensure that the Financial Statements are not materially misstated. This letter will be signed by the Chief Administrative Officer and the Treasurer upon approval of the financial statements by CounciL Appendix 3 provides a summary of communication requirements which Deloitte is required to bring to Council's attention. Appendix 4 provides a list of resources available through the Deloitte website. During the course of any audit, auditors may find misstatements that may or may not be adjusted due to materiality. For 2013, no corrected or uncorrected misstatements arose from the audit. The scope of the audit does not include an in-depth evaluation of all systems or internal controls; however, the auditors may report on matters that come to their attention during the course of their review. No significant matters came to their attention to report in a management letter and, as a result, no management letter has been issued. The draft Audited Consolidated Financial Statements are included as Attachment 2. These statements are the responsibility of management and have been prepared by City accounting staff under the direction of the Division Head, Finance & Treasurer. The auditors are responsible to express an opinion on these Consolidated Financial Statements based on their audit. An unmodified audit report has been provided. The Consolidated Financial Statements include the activities of the City of Picke1·ing Public Report FIN 12-14 June 9, 2014 Subject 2013 Year End Audit Page 3 Library Board. The City's investment in Veridian Corporation is accounted for on a modified equity basis, which means the Ctty includes its share of Veridian's income or ioss in the Consolidated Financial Statements. The Consoiidated Financial Statements are prepared on the full accrual basis of accounting as prescribed by the Public Sector Accounting Board (PSAB), which includes reporting tangibie capital assets. Tangible capital assets, such as land, building, infrastructure and equipment are capitaitzed (recorded) at cost on the Statement of Financial Position (Balance Sheet) and amortized (depreciated, except for land) over their estimated useful lives in current operating expenses. The Statement of Financial Position includes tangible capital assets under the non-financial asset section and shows in Accumulated Surplus. This is different than the City's budget, which notes these capital items as expenditures. Statement of Financial Position (Balance Sheet) Financial assets are those assets which could provide resources to discharge existing liabilities or finance future operations. The financial assets increased by approximately $13.6 million which was offset by an increase in liabilities of approximately $12.5 million. This led to an increase in net financial assets of $1.1 million over the prior year. The increase in financial assets is primarily due to an increase in Cash and Cash Equivalents. In particular, short term investments increased due to the receipt of Federal and Provincial funding up front for the Frenchman's Bay Harbour Entrance project and debt proceeds. !n addition, there was a larger cash balance held at the end of the year to meet the City's financial needs in January. The increase in the value of the City's Investment in Veridian Corporation of approximately $3.0 million also contributed. This represents the City's share of Veridian Corporation's net earnings ($4.9M) net of dividends paid to the City ($1.9M) during the year. The main contributor to the increase in liabilities is an increase in Accounts Payable and Deferred Revenue. At the end of 2013, the City had a number of large construction projects underway such as the Frenchman's Bay Harbour Entrance and the Indoor Soccer Facility. Progress payments for work completed up to December 31 were owing at the end of the year. Furthermore, the costs for winter sand and salt were higher than normal due to the ice storm at the end of the year. The increase in the deferred revenue balance resulted primarily from the unspent Federal and Provincial funding received for the Harbour Entrance project and the overall increase in Development Charges collected. Non-financial assets includes tangible capital assets which is the net book value (cost less accumulated amortization) of City-owned assets including land, buildings, roads, bridges and sidewalks infrastructure, storm sewer infrastructure, furniture and fixtures, vehicles and equipment. Non-financial assets are not available to discharge existing iiabiiities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. Note 1 0 of the Financial Statements provides a summary of the C~ty's 3 4 Report FIN 12-14 June 9, 2014 Subject: 2013 Year End Audit Page 4 tangible capital assets. The December 31, 2013 gross book value of assets is $402.4 million and, after adjusting for amortization, the net book value of the assets is $205.3 million. In other words, the City has consumed a substantial amount of the life of its assets. For the next term of Council, a key financial priority for the City should be to invest and maintain its infrastructure base. Statement of Operations (income Statement) Revenue reported includes both operating and capitaL Therefore, variances between budget and actual may arise due to the timing of approval in the capital budget as compared to the actual receipt of funds/recognition of revenue. This is clearly illustrated with the Government grants and fees revenue item. The actual amount includes a portion of the Federal and Provincial grant recognized for the Frenchman's Bay Harbour Entrance project. The project was budgeted in 2012 but the funding agreement was not signed until early 2013. Therefore, the actual is higher than the budget. The Sale of land revenue item is another example of this timing differentiaL The City is expected to be selling land in the Duffin Heights area over the next several years in part to fund related development costs within the same area. At December 31 5\ no land had been sold as the City was still finalizing its disposition strategy. That is why actual revenues from land sales show as zero on the Statement of Operations. The capital budget expenditures do not show on the Statement of Operations as capital expenditures. For those expenditures that meet the definition of a tangible capital asset (TCA), the cost is reported on the Statement of Financial Position (Balance Sheet). Only a portion of the asset's cost is included as an amortization expense each year over the life of the asset in the operating expenses reported on the Statement of Operations. The amortization expense is included in operating expenses for the asset's respective functional category. For example, amortization on a fire truck is included under the Protection to Persons and Property category. Capital budget expenditures that do not meet the TCA definition are included as operating expenses under the appropriate functional category. The budget figures reported need to reflect the change in reporting for capital budget expenditures to be PSAB compliant. Note 17 of the City's consolidated financial statements reflect the changes made to the 2013 Council approved budget to put it on a basis consistent with the full accrual basis of accounting. This means excluding capital expenditures that are deemed tangible capital assets and including amortization. Actual expenses are under budget in almost a!l functional areas. This i!iustrates City staff's commitment to controlling expenditures. There is no one specific area that stands out as a major contributor to the overall underage. The underage is reflected throughout the various cost centres. 6 Repo1i FIN 12-14 Subject: 2013 Year End Audit Recommended for the consideration of Pickering City Council Tony Prer/Je(£ iacJ Chief Administrative Officer June 9, 20'r4 Page 6 ~,2ot4 • Corporation of the City of icl(ering ti For the year ended December 31, 2013 To be presented to the Executive Committee June 9, 2014 •. l "·" -~~ 7 8 I ll\iil I May 15, 2014 Private and confidential Members of the Executive Committee The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Dear Executive Committee Members: Report on audited annual consolidated financial statements Deloitte LLP 5140 Yonge Street Suite 1700 Toronto ON M2N 6L7 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte.ca As agreed in our engagement letter dated October 21, 2013, we have perfonned an audit of the consolidated financial statements of the Corporation of the City of Pickering (the "City") as at and for the year ended December 31, 2013, in accordance with Canadian generally accepted auditing standards ("GAAS") and expect to issue our audit report thereon on the date that the consolidated financial statements are approved by council. This report summarizes our findings from the audit which has been conducted in accordance with the Audit Plan that was presented to the Executive Committee at the meeting on November 11, 2013. Use of our report This report is intended solely for the infonnation and use of the Executive Committee, management, and others within the City and is not intended to, and should not be, used by anyone other than these specified parties. Accordingly, we disclaim any responsibility to any other party who may rely on it. We would like to express our appreciation for the cooperation we received from the officers and employees of the City with whom we worked to discharge our responsibilities. We look forward to discussing this report with you and to answering any questions which you may have. Yours truly, Chartered Professional Accountants, Chartered Accountants Licensed Public Accountants Audit findings .................. · ............................................................................................................................... 1 Audit risks ...................................................................................................................................................... 2 Internal control matters .................................................................................................... : ............................ 3 Accounting practices, judgments and estimates ........................................................................................... 4 Audit scope matters ...................................................................................................................................... 5 Appendices Appendix 1 -Independence letter Appendix 2 -Draft management representation letter Appendix 3-Communication requirements Appendix 4-Deloitte resources a click away © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication 9 12 Internal control matters As part of our financial statement audit, we are required to consider many components of internal controls, which assist us in determining the risks of material misstatement and the identification of internal controls that will be relevant for our audit. Not all controls are relevant to every audit. For example, some internal controls may exist to address operational risks. For those controls deemed relevant to our audit, we evaluated the design of these controls and determined whether they were implemented. Canadian GAAS requires us to report to the Executive Committee any significant deficiencies or material weaknesses that have come to our attention. Our audit was not designed to provide a high degree of assurance that significant deficiencies and material weaknesses, if any, would be detected. Accordingly, we are unable to and do not provide any assurance on the design or effective operation of internal control over financial reporting. We did not identify any significant deficiencies in the audit that have a material or significant impact on the consolidated financial statements. However, during our review of the IT policies and procedures, we noted that the following policy and procedure documents have not been reviewed by management in over two years: " Information Technology Policy " Personal Computer Procedure We recommend that management review and update (at least annually) the IT policies and procedures to ensure that they are applicable to the current IT landscape and operating environment. We understand that this review will be completed in the current calendar year. © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication 3 ' e s During the course of our audit of the consolidated financial statements, we considered the qualitative aspects of the financial reporting process, including items that have a significant impact on the · relevance, reliability, comparability and understandability of the information included in the consolidated financial statements. In our judgment, the significant accounting practices, selected and applied by management are, in all material respects, acceptable under PSAS and are appropriate to the particular circumstances of the City. As at January 1, 2013, the City adopted Public Sector Accounting Handbook, Section PS 3410, Government transfers, and PS 3510, Tax revenue. There was no impact on the consolidated financial statements as a result of the adoption of these standards. In our judgment, the significant accounting estimates made by management are, in all material respects, free of possible management bias and of material misstatement. The disclosure in the consolidated financial statements with respect to estimation uncertainty is in accordance with PSAS and is appropriate to the particular circumstances of the City. Significant estimates include: Post-employment benefits liability $4,092,800 WSIB benefits liability $991 ,559 Allowance for doubtful taxes receivable $nil Allowance for doubtful accounts $505,000 Provision for assessment appeals $536,490 Accrual for retroactive pay-unsettled contract $290,000 (2012-$3,652,600) (2012 -$907, 759) (2012-$367,000) (2012-$521 ,604) (2012-$381,355) (2012-0) © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication 4 13 legal and regulatory compliance Post-balance sheet events Management representation letter Independence Quality control Management is responsible for ensuring that the City's operations are conducted in accordance with the laws and regulations applicable to the City in the jurisdictions in which it operates. The responsibility for preventing and detecting non-compliance rests with management. The auditor is not and cannot be held responsible for preventing non-compliance with laws and regulations. We did not identify any instances where the City was not compliant with laws and regulations applicable to it. Management is responsible for assessing subsequent events up to the date of the release of the consolidated financial statements. At the date of finalizing this report, we are not aware of any significant post balance sheet events. A draft version of the management representation letter to be signed by management is included in Appendix 2. ---- We have developed appropriate safeguards and procedures to eliminate threats to our independence or to reduce them to an acceptable level. You have requested that we report all relationships and other relevant matters that, in our professional judgment, may reasonably be thought to bear on our independence and confirmed our independence to the Executive Committee for the year ended December 31, 2013 in Appendix 1. Our firm's quality control process embraces each of the elements identified in the Chartered Professional Accountants of Canada ("CPA Canada") Handbook sections covering Canadian standards of quality control for firms that perform audits and reviews of consolidated financial statements and other assurance engagements. © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication 6 15 Appendix endence letter 1 6 © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication llill I May 15, 2014 Private and confidential The Members of the Executive Committee The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Dear Executive Committee Members: Deloitte LLP 5140 Yonge Street Suite 1700 Toronto ON M2N 6L7 Canada Tel: 416-601-6150 Fax: 416-601-6610 www.deloitte.ca We have been engaged to audit the consolidated financial statements of the Corporation ofthe City of Pickering (the "City") for the year ended December 31, 2013. You have requested that we communicate in writing with you regarding our compliance with relevant ethical requirements regarding independence as well as all relationships and other matters between the City, our Firm and network firms that, in our professional judgment, may reasonably be thought to bear on our independence. You have also requested us to communicate the related safeguards that have been applied to eliminate identified threats to independence or reduce them to an acceptable level. In determining which relationships to repmi, we have considered relevant rules and related interpretations prescribed by the appropriate provincial institute I ordre and applicable legislation, covering such matters as: (a) holding a financial interest, either directly or indirectly, in a client; (b) holding a position, either directly or indirectly, that gives the right or responsibility to exert significant influence over the financial or accow1ting policies of a client; (c) personal or business relationships of immediate family, close relatives, pminers or retired pminers, either directly or indirectly, with a client; (d) economic dependence on a client; and (e) provision of services in addition to the audit engagement. We confirm to you that the engagement team and others in the firm as appropriate, the firm and, when applicable, network firms have complied with relevant ethical requirements regarding independence. We have prepm-ed the following comments to facilitate our discussion with you regarding independence matters arising since May 15, 2013, the date of our last letter. 17 18 The Corporation of the City of Pickering May 15, 2014 Page 2 We are not aware of any relationships between the City and our Firm, including any network finns that, in our professional judgment, may reasonably be thought to bear on independence, that have occurred from May 15, 2013 to May 15, 2014. We hereby confirm that we are independent with respect to the City within the meaning of the Rules of Professional Conduct ofChartered Professional Accountants of Ontario as ofMay 15,2014. This repmi is intended solely for the use of the Executive Committee, Council, managemvnt, and others within the City and should not be used for any other purposes. Yours truly, Chartered Professional Accoimtants, Chmiered Accountants Licensed Public Accountants © Deloitte LLP and affiliated entities. The Corporation of the City of Pickering-2013 Year-end communication 1 9 20 [Date] Deloitte LLP 5140 Y onge Street Suite 1700 Toronto, ON M2N 6L 7 Attention: Ms. Paula Jesty Dear Ms. Jesty: [Client letterhead] Subject: Consolidated financial statements of The Corporation of the City of Pickering for the year ended December 31, 2013 This representation letter is provided in connection with the audit by Deloitte LLP ("Deloitte" or "you") of the consolidated financial statements of The Corporation of the City of Pickering (the "City" or "we" or "us") for the year ended December 31, 2013, and a summary of significant accounting policies and other explanatory information (the "Financial Statements") for the purpose of expressing an opinion as to whether the Financial Statements present fairly, in all material respects, the financial position, results of operations, and cash flows of the City in accordance with Public Sector Accounting Standards ("PSAS"). We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately infonning ourselves: Financial statements 1. We have fulfilled our responsibilities as set out in the terms of the engagement letter between the City and Deloitte dated October 21, 2013 for the preparation of the Financial Statements in accordance with PSAS. In particular, the Financial Statements are fairly presented, in all material respects, and present the financial position of the City as at December 31, 2013and the results of its operations and cash flows for the year then ended in accordance with PSAS. 2. Significant assumptions used in making estimates, including those measured at fair value, are reasonable. In preparing the Financial Statements in accordance with PSAS, management makes judgments and assumptions about the future and uses estimates. The completeness and appropriateness of the disclosures related to estimates are in accordance with PSAS. The City has appropriately disclosed in the Financial Statements the nature of measurement uncetiainties that are material, including all estimates where it is reasonably possible that the estimate will change in the near tenn and the effect of the change could be material to the Financial Statements. The measurement methods, including the related assumptions and models, used in detennining the estimates, including fair value, were appropriate, reasonable and consistently applied in accordance with PSAS and appropriately reflect management's intent and ability to carry out specific courses of action on behalf of the entity. No events have occmTed subsequent to December 31, 2013 that require adjustment to the estimates and disclosures included in the Financial Statements. Deloitte LLP [Date] Page 2 There are no changes in management's method of determining significant estimates in the current year. 3. We have determined that the Financial Statements are complete as of [Date] as this is the date when there are no changes to the Financial Statements (including disclosures) planned or expected; all final adjusting joumal entries have been reflected in the Financial Statements and the Financial Statements have been approved in accordance with our process to finalize financial statements. 4. We have completed our review of events after December 31, 2013 and up to the date of this letter. All events subsequent to the date of the Financial Statements and for which PSAS requires adjustment or disclosure have been adjusted or disclosed. Accounting estimates and disclosures included in the Financial Statements that are impacted by subsequent events have been appropriately adjusted. 5. The Financial Statements are free of material errors and omissions. 6. The City has satisfactory title to and control over all assets, and there are no liens or encumbrances on such assets. We have disclosed to you and in the Financial Statements all assets that have been pledged as collateral. Information provided 7. We have provided you with: a. Access to all information of which we are aware that is relevant to the preparation of the Financial Statements, such as records, documentation and other matters. All financial statements and other financial infonnation provided to you accurately reflect the activities and expenses of the City and do not reflect any activities or expenses of any other person or entity; b. All relevant information as well as additional information that you have requested from us for the purpose of the audit; and, c. Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence. 8. All transactions have been properly recorded in the accounting records and are reflected in the Financial Statements. 9. We have disclosed to you the results of our assessment of the risk that the Financial Statements may be materially misstated as a result of fraud. 10. We have disclosed to you all information in relation to fraud or suspected fraud that we are aware of and that affects the entity and involves: a. Management; b. Employees who have significant roles in intemal control; or c. Others where the fraud could have a material effect on the Financial Statements. 11. We have disclosed to you all information in relation to allegations of fraud, or suspected fraud, affecting the entity's Financial Statements and all knowledge of concems or allegations of potential errors in the selection of accounting policies or the recording of transactions affecting the City that have been communicated by employees, former employees, or others, whether written or oral. 21 22 Deloitte LLP [Date] Page 3 12. We have disclosed to you all communications from regulatory agencies and all known instances of non-compliance or suspected non-compliance with laws and regulations whose effects should be considered when preparing the Financial Statements. 13. We have disclosed to you the identity ofthe entity's related parties and all the related party relationships and transactions of which we are aware, including guarantees, non-monetmy transactions and transactions for no consideration and participation in a defined benefit plan that shares risks between group entities. 14. We acknowledge our responsibility for the design, implementation and maintenance of internal control to prevent and detect fraud and error; 15. We have disclosed to you all known, actual or possible litigation m1d claims, whether or not they have been discussed with our lawyers, whose effects should be considered when preparing the Financial Statements. As appropriate, these items have been disclosed and accounted for in the Financial Statements in accordance with PSAS. 16. We have disclosed to you all liabilities, provisions, contingent liabilities and contingent assets, including those associated with guarantees, whether written or oral, and they are appropriately reflected in the Financial Statements. 17. We have disclosed to you, and the City has complied with all aspects of contractual agreements that could have a material effect on the Financial Statements in the event of non-compliance, including all covenants, conditions or other requirements of all outstanding debt. Independence matters For purposes of the following paragraph, "Deloitte" shall mean Deloitte LLP and Deloitte Touche Tohmatsu Limited, including related member firms and affiliates. 18. Prior to the City having any substantive employment conversations with a former or cunent Deloitte engagement team member, the City has held discussions with Deloitte and obtained approval fi:om the Executive Committee of the Council. Communications with taxation and regulatory agencies 19. We have disclosed to you all communications from: a. taxation authorities conceming assessments or reassessments that could have a material effect on the Financial Statements; and , b. regulatory agencies conceming noncompliance with or potential deficiencies in, financial reporting requirements. Deficiencies in internal control 20. We have communicated to you all deficiencies in intemal control of which we are aware. We have disclosed to you any change in the City's intemal control over financial repmiing that occmTed during the cunent year that has materially affected, or is reasonably likely to materially affect, the City's internal control over financial repmiing. Deloitte LLP [Date] Page 4 Work of management's experts 21. We agree with the work of management's experts in evaluating the valuation of post-employment benefits liability and WSIB benefits liability and have adequately considered the capabilities of the expe1is in determining amounts and disclosures used in the Financial Statements and underlying· accounting records. We did not give any, nor cause any, instructions to be given to management's expe1is with respect to values or amounts derived in an attempt to bias their work, and we are not aware of any matters that have impacted the independence or objectivity of the expe1is. Liabilities and contingencies 22. We have disclosed to you all liabilities, provisions, contingent liabilities and contingent assets, including those associated with guarantees, whether written or oral, and they are appropriately reflected in the Financial Statements. Loans and receivables 23. The City is responsible for determining and maintaining the adequacy ofthe allowance for doubtful notes, loans, and accounts receivable, as well as estimates used to determine such amounts. Management believes the allowances are adequate to absorb currently estimated bad debts in the account balances. Employee future benefits 24. Employee future benefit costs, assets, and obligations have been properly recorded and adequately disclosed in the Financial Statements including those arising under defined benefit plans as well as termination arrangements. We believe that the actuarial assumptions and methods used to measure defined benefit plan assets, liabilities and costs for financial accounting purposes are appropriate in the circumstances. Government transfers 25. We have disclosed to you all conespondence relating to government transfers that the City has had with the funding body. 26. We have assessed the eligibility criteria and determined that the City is an eligible recipient for the government transfers received. 27. We have assessed the stipulations attached with the funding and have recognized the revenue in accordance with meeting the stipulations required. 28. All govemment transfers that have been recorded as defened revenue give rise to an obligation that meets the definition of a liability. Those liabilities have been properly recorded and presented in the Financial Statements. Environmental liabilities/contingencies 29. We have considered the effect of environmental matters on the City and have disclosed to you all liabilities, provisions or contingencies arising from environmental matters. All liabilities, provisions, contingencies and commitments arising from environmental matters, and the effect of environmental matters on the canying values of the relevant assets are recognized, measured and disclosed, as appropriate, in the Financial Statements. Government Business Enterprises and Government Partnerships 30. The City has appropriately classified its investments in Veridian Corporation as a Government Business Enterprise. 23 24 Deloitte LLP [Date] Page 5 With regard to the City's investment in V eridian Corporation, we have disclosed to you any events that have occurred and facts that have been discovered with respect to such investment that would affect the investment's value as rep01ied in the financial statements. Yours truly, The Corporation of the City of Pickering Stan Karwowski Division Head, Finance & Treasurer Tony Prevedel Chief Administrative Officer www.deloitte.ca Deloitte, one of Canada's leading professional services firms, provides audit, tax, consulting, and financial advisory services. Deloitte LLP, an Ontario limited liability partnership, is the Canadian member firm of Deloitte Touche Tohmatsu Limited. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. 2 8 © Deloitte LLP and affiliated entities. Consolidated financial statements of The Corporation of the City of Pickeri g December 31, 2013 ~{: FOR DISCUSSION PURPOSES ONLY 29 I c December 31, 2013 Table of contents Independent Auditor's Report ........................................................................................................................... -2 Consolidated statement of financial position ............................................................ ··~············ ............ 3 Consolidated statement of operations ................................................................................................................. 4 Consolidated statement of change in net financial assets .................................................................................. 5 Consolidated statement of cash flows ............................... ··: .......... ···~ .................................................. 6 Notes to the consolidated financial statements .............................................................................................. 7-24 30 FOR DISCUSSION PURPOSES ONLY Independent Auditor's Report To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City ofPickering Deloitte LLP 5140 Yonge Suite 1700 Toronto 0 I M2N 6L7 Canada Tel: 16-601-6150 F :416-601-6151 /deloltte~ /~ We have audited the accompanying consolidated financial st ts fthe Co oration of the City of Pickering, which comprise the consolidated statement of fi ncial rtion as at December 31, 2013, and the consolidated statements of operations, change in net fi 1ancial asse a cash flows for the year then ended, and a summary of significant accounting policie and ~ther explamitory inforn1ation. Management's Responsibility for the Consolida d Financial Sta ements Mana gcment is ccsponsib le for the preparatio~ fair prescn Ia ·on of these con so lid atcd financial statements in accordance with Canadian pub c se unf g standards, and for such internal control as management determines is necessary to nable th repar ion of consolidated fmancial statements that are free from material misstatement, wh her due to fr d r error. Allllditor's Responsibility 1 Our responsibility is to express !opinion on~he consolidated fmancial statements based on our audit. We conducted our audit in ac~~ with Ca dian generally accepted auditing standards. Those standards require that we cc;rhpl · : a equirements and plan and perfonn the audit to obtain re~sonable assurance abo t whethe · cf/olidated financial statements are free from material misstatement. / An audit involves . rforrning procedUres to obtain audit evidence about the amounts and disclosures in the consolidated financial statemenls. The procedures selected depend on the auditor's judgment, including the alsessment of risks/of material misstatement of the consolidated financial statements, whetherii:~due _6 ~~error. M making those risk assessments, the auditor considers internal control relevant to e ~r~epq/ation and fair presentation of the consolidated fmancial statements in order to desig, audit p~e:y-that are appropriate in the circumstances, but not for the purpose of expressing an opililon on the effectw'eness of the entity's internal control. An audit also includes evaluating the appie{priateness of ac0'unting policies used and the reasonableness of accounting estimates made by fahagement, as v/lc!' as evaluating the overall presentation of the consolidated financial statements. /We believe thatAbe audit evidence we have obtained is sufficient and appropriate to provide a basis for / our audit opi~I fon. ,/ 1 / I / /1/ / //1 FOR DISCUSSION PURPOSES ONLY / 31 In our opinion, the consolidated financial statements present fairly, in all material respects, the fi ancial position of the Corporation of the City of Pickering as at December 31, 2013 and the results o ts operations, and its cash flows for the year then ended in accordance with Canadian public se tor accounting stmJdacds" I Chartered Professional Accountants, Chartered Accountants Licensed Public Accountants _____ ,2014 I I /~/ I 1/ I ; I I II I I , ' / / 1/ I 32 / / FOR DiSCUSSION PURPOSES ONLY ~ Page 2 Financial statements of The Corporation of the City of Pickeri g Trust I Dcccmbcr31,2013 ~ unds FOR DiSCUSSION PURPOSES ONLY 55 Dece1nber 31, 2013 Table of contents Independent Auditor's Report ........................................................................................................................... 1-2 Statement of financial activities and fund balances ......................................... ········~····· ................... 3 Statement of financial position ............................................................................................................................ 4 Notes to the financial statements ........................................................................................................................ 5 ~ 56 FOR DISCUSSION PURPOSES ONLY // I / Deloitte LLP I 5i40 Yonge Street Suite i70~ Toronto 0 q M2N 6L7 Independent Auditor's Report Canada Tei:,;Z-601-6150 Fax: 4 i 6-60i -6i 51 / .deloitte.ca Management's Responsibility for the Financia tatements Management is responsible for the preparatio fn~. resen ion of these financial statements in accordance with Canadian accounting ~tan rrd:~or --ofit organizations, and for such internal control as management determines is nee ssary to ena e t e preparation of financial statements that are free from material misstatement, whetl r due to fraud or ITOr. Auditor's Responsibmty L Our responsibility is to express a ·nion on thise fmancial statements based on our audit. We conducted our audit in ac~odan w -h-.Ca~m fan accounting standards for not-for-profit organizations. Those standards require trutt we co ly wit ethical requirements and plan and perfonn the audit to obtain reasonable assurarice about whe e the financial statements are free from material misstatement. I i'ill audit involves p rforming procedufes to obtain evidence about the amounts and disclosures in the financial stateme s. The procedure/selected depend on the auditor's judgment, including the assessment of the risks of rrraterial misstateo/nt of the fmancial statements, whether due to fraud or en·or. In making those risk asslss~, the audjtor considers internal control relevant to the entity's preparation and fair presentatimlof{ e ~cia! ¢atements in order to design audit procedures that are appropriate in the circumsta£ces, bu 1 71'l'e purpose of expressing an opinion on the effectiveness of the entity's intem#control. An a d)t also includes evaluating the appropriateness of accounting policies used and the reas01-{ableness of accounting estimates made bv management, as well as evaluating the overall I I ~ ~ ~ . presentation of the financial statements. I I l~ve believe that Le audit evidence we have obtained is sufficient and appropriate to provide a basis for / our audit opiuk~" I I /I FOR DiSCUSSION PURPOSES 01\IL Y i / 57 58 Opinion In our opinion, the financial statements present fairly, in all material respects, the financial pos · 1011 of The Corporation of the City of Pickering Trust Funds as at December 31, 2013, and the resu s of its operations for the year then ended in accordance with Canadian accounting standards for t-for-profit organizations. Chartered Professional Accountants, Chartered Accountants Licensed Public Accountants _____ ,2014 I FOR DISCUSSION PURPOSES ONLY Page 2 I Financial statements of December 31, 20 13 62 FOR DISCUSSION PURPOSES ONLY / Table of contents /; I I December 31, 2013 independent Auditor's Report ····················································································t········ .... : ........................ /, Statement of financ,al position ..................................................................... ··~···· .................. 3 Statement of operations ...................................................................................................................................... 4 Statement of change in net debt ......................................................................................................................... 5 Statement of cash flows .................................................................. ···;j! /) ....................................................... 6 Notes to the financial statements ........................................................ ~ ................................................ 7-11 I /~ FOR DISCUSSION PURPOSES ONLY 63 Independent Auditor'§ Report To the Members of The City of Pickering Public Library Board, Members of Council, Inhabitants and Ratepayers of the City of P · ckering I Deloitte LLP I 5140 Yonge Street Suite 1700 Toronto 0 M2N 6L7 Canada Tel: 16-601-6150 F . 416-601-6151 wvv .deloitte.ca . I)~ We have audited the accompanying financial statements oft e C~!Pickeri g Public Library Board, which comprise the statement of financial position as~t D cember ~0 13 and the statements of operations, change in net debt and cash flows for the ye ·then ended, and summary of significant accounting policies and other explanatory informatio Management's Responsibility for the Finanda~tements Management is responsible for the preparatioL resent Ion of these financial statements in accordance with Canadian public sector acdunting d , and for such internal control as management determines is necessary to e fable the pr raf on of fmancial statements that are free from material misstatement, whether due to aud or error. Auditor's Responsibility Our responsibility is to expres an inion on these fmancial statements based on our audit. We conducted our audit in acco;;u'n w Cana~£n generally accepted auditing standards. Those standards require that we comply wi,th ethic eqmre9'ents and plan and perform the audit to obtain reasonable assurance about whet/he fmancia at ents are free from material misstatement. An audit involves performing proced es to obtain evidence about the amounts and disclosures in the fmancial statement{ The procedure selected depend on the auditor's judgment, including the assessment of the risks of material misstatem t of the fmancial statements, whether due to fraud or error. In making those risk assdsr ts, the aud' or considers internal control relevant to the entity's preparation and fair p~esentatio(of e 1 cial s tements in order t? design ~u?it procedures ~at are appropriat~ il~ the circumstances, b ot r t e purpose of expressmg an opmwn on the effectiveness of the entity s internal!6ontrol. An i lso irlcludes evaluating the appropriateness of accounting policies used and the reas~bleness of accm/nting estimates made by management, as well as evaluating the overall prejentation of the firfancial statements. ;(e believe that Ludit evidence we have obtained is sufficient and appropriate to provide a basis for I our audit1pin' n. I /64 I / FOR DISCUSSION PURPOSES ONLY I I h1 our opinion, the fmancial statements present fairly, in all material respects, the financial posj/on of the City of Pickering Public Librar:-v Board as at December 31, 2013 and the results of its operatilns and its cash flows for the year then ended in accordance with Canadian public sector accountings a"ndards. Chartered Professional Accountants, Chartered Accountants Licensed Public Accountants _____ ,2014 I /~ y I FOR DISCUSSION PURPOSES ONI_Y I Page 2 65 76 Report PLN 12-14 June 9, 2014 Subject: Corporate Energy Management Plan Page 2 1. Background 1.1 The City has been proactive in implementing its local action plan prepared in 2007, which included GHG baseline inventory and energy use and greenhouse gas reduction targets In 2007, the City completed the first three (of five) milestones under the Partners for Climate Protection (PCP) program for both the corporation and the community, which included establishing a GHG baseline inventory, setting reduction targets and developing a local action plan. The PCP program is a joint partnership between the Federation of Canadian Municipalities (FCM) and the Council for Local Environmental Initiatives. In late 2013, the City, through its consultant Durham Sustain Ability, provided an update to the community and corporate GHG emissions inventories from 2007 through to 2011. The update also described the measures in the local action plan that have been implemented as well as the City's progress towards meeting its 2016 GHG emission reduction target. This update will be forwarded to FCM in 2014 for consideration for fulfilling the requirements of Milestones 4 and 5 of the PCP program. 1.2 The City has been exploring and implementing corporate energy conservation projects identified in the Five Year Corporate Emissions Reduction Strategy Between late 2007 and the end of 2013, the City has been exploring corporate energy conservation opportunities along with taking advantage of appropriate energy incentives to implement some of the projects identified in the Council endorsed Five Year Corporate Emissions Reduction Strategy. Over 46 significant energy-efficiency initiatives have been implemented, such as: • retrofitting facility lighting to more efficient lights in the Recreation and Civic Complex • upgrading energy management systems for the Petticoat Creek Community Centre, Claremont Community Centre, East Shore Community Facility and Don Beer Arena • retrofitting underground parking lighting at the Civic Complex o upgrading the Recreation Complex banquet hall lighting o converting traffic signals to high efficiency LED lights • replacing older vehicles with eight hybrid vehicles • completing energy audits or walkthrough assessments on all City facilities Collectively, these initiatives have provided the City with an estimated 11.3% savings in energy consumption compared to 2007, with an average payback of 4.1 years. Report PLN 12-14 June 9, 2014 Subject: Corporate Energy Management Plan Page 3 1.3 The Province passed Regulation 397/11 under the Green Energy and Green Economy Act (2009) The Province has been allocating funds to energy conservation and demand management programs by providing energy consumers with significant incentives to update their facilities and equipment. In its commitment to greening public sector buildings, the Province passed Regulation 397/11 under the Green Energy and Green Economy Act (2009). Under the Regulation, all public agencies are required to report their energy consumption and GHG emissions on an annual basis starting in 2013, and are required to submit a five-year energy conservation and demand management plan (COM) by July 1, 2014. 2. Discussion 2.1 The City reported its energy consumption in 2013 For its part, the City met its obligations under the Regulation and reported its energy consumption and GHG emissions in 2013. The data submitted covered the calendar year 2011 and included all heated and/or cooled facilities owned or operated by the City of Pickering. 2011 is now our baseline from which changes in energy consumption and GHG emissions can be calculated and compared. To assist City staff in completing the five-year CEMP by the Province's deadline, lndEco Strategic Consulting (lndEco), an energy and environmental consulting firm, was retained. 2.2 The completion of the City's CEMP was a five month planning process Over the last five months, lndEco and City staff have undertaken the following tasks: • review of annual energy consumption and GHG emissions • review existing policies and plans • review previous energy efficiency projects • conduct and review energy audits/assessment for all City facilities • conduct a strategic planning workshop with key City staff on energy management ill prepare a draft and final CEMP 2.3 The CEMP provides a roadmap for energy management for the City's facilities, street lights and traffic signals The CEMP provides a five-year roadmap for energy management in the City. It focuses on the use of electricity, natural gas and fuel oil for heating and cooling in City facilities. Additionally, actions are identified to address City owned street lighting and traffic signals. It covers the period from July 2014 to July 2019, and is designed to comply with the COM requirements of Regulation 397/11 (see Executive Summary-Appendix 1). 77 78 Report PLN 12-14 June 9, 2014 Subject: Corporate Energy Management Plan The primary objectives of the CEMP are to: ® promote efficient energy management in City facilities $ include energy efficient considerations in the budget process @ integrate energy efficient practices in staff's day-to-day work activities $ incorpora~e an integrated systems approach to managing energy Page 4 2.4 The CEMP contains priority, medium and long-term actions for three time periods to support the City's energy management targets Priority actions are divided into two types: organizational and technical. (a) Organizational actions, which relate to corporate processes, were identified through interviews and a strategic planning workshop. The actions are grouped in the CEMP according to the following categories: e Organizational commitment-measures related to policies, targets, and resources required to enable energy management and the other actions " Existing buildings and equipment-measures, both technical and policy based, that impact existing buildings and equipment • New buildings and equipment-measures, both technical and policy based, that impact new buildings and equipment e Monitoring and tracking-measures related to evaluating, monitoring, and verifying energy data o Communication and engagement-measures related to encouraging behavioural modifications to save energy • Procurement and renewables-measures related to the procurement of energy and renewable technologies; and • Streetlights and traffic signals-measures related to installing more energy efficient lighting technologies (b) Technical actions, which are based on the City's inventory data, energy audits and walk through assessments, were developed for implementation for Year 1, Years 2-3 and Years 4-5. These actions were selected for their shorter payback as well as their impact on future energy conservation measures. The actions have been grouped together by type in order to facilitate the City issuing a single tender for similar measures in all applicable buildings. The following technical actions highlight some of the recommended initiatives over the five year period: • Priority actions (Year 1, January 2015-January 2016): Phase 1 lighting retrofits, electric heater replacements with natural gas, thermostat upgrades, ductless heat pumps Report PLN 12-14 June 9, 2014 Subject: C~rporate Energy Management Plan Page 5 ® Medium actions (Years 2-3, January 2016-January 2018): Phase 2 lighting retrofits, vending machine power misers, automatic controls for pools, dual flush toilets o Long-term actions (Years 4-5, January 2018-July 2019): Phase 3 lighting retrofits, hot water pipe insulation, refrigerator replacements, HVAC upgrades including balancing, demand control ventilation, building envelope upgrades, insulation These time periods were selected to ensure compliance with the regulation and to align with the City's budget process. Based on facility audit results and the recommended energy efficiency actions noted above, the following energy management targets are achievable: e 12.3% improvement in energy intensity e 13.8% reduction in GHG emissions 2.5 The CEMP is recommending an annual capital budget of approximately $130,000 for energy measures To implement all of the selected technical measures identified in the CEMP, the cost is approximately $640,700. The total estimated cumulative energy cost savings for the City will be $596,050. The table below provides a breakdown of these costs. Year Capital Cost Cumulative Cost including incentives Savings 1 $133,000 $48,300 2 $125,000 $129,400 3 $125,000 $243,300 4 $128,850 $398,850 5 $128,850 $596,050 6 $0 $793,250 7 $0 $990,450 8 $0 $1 '187,650 9 $0 $1,384,850 10 $0 $1,582,050 Total $640,700 $1,582,050 Notes: The energy cost savings are based on current energy prices and do not reflect estimated price increases. The energy cost savings shown are only for the next decade. However, these savings will persist for the lifetime of the measures independent of additional capital investments after year 5. For every dollar the City invests in energy measures, the City receives a return of $2.47. 79 80 Report PLN 12-14 June 9, 2014 Subject: Corporate Energy Management Plan Page 6 2.6 City staff will be prioritizing the recommended energy management actions identified in the CEMP City staff will be evaluating and prioritizing the recommended energy management actions identified in the CEMP for three time periods based on the following criteria: o Cost-effectiveness: the action must be cost-effective over its lifetime, based on payback • Contribution to day-to-day energy efficiency: the action makes energy management visible at City facilities, changes the behaviour of staff, helps the City to publicize its successes, and contributes to the City's reputation 9 Leadership: actions which help the City become a community champion in energy management 111 Annual energy savings: the City should prioritize actions with the highest annual energy savings 111 Ease of implementation: Projects may be accelerated (or decelerated) based on ease of implementation o Occupant comfort and regulatory requirements: Projects that increase comfort, address occupant concerns, increase program partiCipation and revenue, or address regulatory requirements will improve the overall experience of City staff, enhance the City's reputation, or contribute to the culture of effective energy use • Availability of incentives: the City should also accelerate implementation of projects that are eligible for funding from electric and gas utilities, or from provincial or federal governments 3. Recommendations The CEMP has identified significant opportunities to reduce utility costs, energy consumption and to minimize its environmental footprint. From 2014 to 2019, the CEMP shows how the City could reduce its absolute energy intensity by 12.3% and reduce greenhouse gas emissions by 13.8%. Through the City's strategic investments in energy efficiency, significant returns on energy savings should result. Many of the recommended capital expenditures can be funded from Federal Gas Tax funds (FGT). However, the dollar demand for FGT capital projects greatly exceeds the supply of FGT dollars during the budget cycle. In addition, the expanded FGT project criteria will now result in increasing the demand for FGT dollars without increasing the funding level. The recommended CEMP expenditures will have to be measured against other City priorities to ensure that the City receives the best value for its dollar. City staff therefore recommends that Council receive the Corporate Energy Management Plan for the City of Pickering prepared by lndEco Strategic Consulting as set out in the Executive Summary Excerpt in Appendix I to Report PLN 12-14, and direct staff to use this Plan as a basis for making future corporate energy management decisions, recommendations and budget submissions. 82 City of Pickering Appendix I to Report Number PLN 12~14 Corporate Energy Management Plan 2014-2019 Corporate Energy Management P!an 201 -2019 ~Sustainabl e EDGE Ltd. Strategic Solutions for a Changing World'~ 83 This document was prepared for the City of Pickering by lndEco Strategic Consulting Inc. For additional information about this document, please contact: lndEco Strategic Consulting Inc. 77 Mowat Avenue, Suite 412 Toronto, ON, Canada M6K 3E3 Tel: 416 532-4333 E-mai I: info@indeco.com ©2014 lndEco Strategic Consulting Inc. All rights reserved. No part of this document may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of lndEco Strategic Consulting Inc. lndEco report 83890 21May2014 85 Contents Executive summary .............................................................................................................................. v Context ............................................................................................................................................. v Objectives and target s ............................................................................................................... vi Scope and method ..................................................................................................................... vii Capital costs and savings .......................................................................................................... ix lntrodurtion .................................................................................................................................. 1 Planning horizon and scope ..................................................................................................... 1 Planning process ........................................................................................................................... 2 Fra mework for planning ............................................................................................................. 4 Obj ectives and targets ........................................................................................................................ 6 Obj ectives ....................................................................................................................................... 6 Targets and key performance indicators .............................................................................. 6 Updating and reporting on the plan ...................................................................................... 9 Pt iority actions (Year 1, January 2015 January 201 6) ........................................................ 10 Organizational actions ............................................................................................................. 11 Technical actions ....................................................................................................................... 15 M<=>dlum-term actions (Years 2-3, January 2016-January 2018) ..................................... 19 Organizational actions ............................................................................................................. 19 Technica l actions ....................................................................................................................... 25 Long-term actions (Ye:HS 4-'>, January 2018-July 2019) ................................................... 28 Organizational actions ...................................................................... : ...................................... 28 Technica l actions ....................................................................................................................... 32 Capital costs and net present values .......................................................................................... 3/ Renewables and alternr~tive energy ............................................................................................ 39 Energy n1anagemen t systen1s ...................................................................................................... 40 Taking advantage of utility incentives ............................................................................... 40 Con1n1unication 1nd engag m(')nt ............................................................................................ 41 Overview and program management ................................................................................ 41 Employee engagement ........................................................................................................... 41 Staff training ................................................................................................................................ 42 Behaviour change and communication ............................................................................. 44 Conclusion ........................................................................................................................................... 46 Appendix A. Present state ........................................................................................................ 47 2014-2019 iii 86 A.1. Utility data analysis .................................................................................................... 47 A.2. Description of existing energy initiatives, policies, and plans .................... 47 Appe11di.x: B. Criteria for prioritizing ~Ltions ....................................................................... 52 Appendix C. Responsibilities ................................................................................................... 54 App~ndix D. Utility incentives.. . .... .......... ... .................... ............... .... ............. ............. 63 0.1. Veridian I Ontario Power Aut hority saveONenergy Programs .................... 63 0.2. Enbridge Gas Energy Management Programs ................................................. 65 Appendix E Additional recommended measures .......................................................... 66 E.l. Nocostmeasures ........................................................................................................... 66 E.2. High efficiency motors ................................................................................................. 66 Appendix F. List of acronyrns .................................................................................................. 69 iv INDECO STRATEGIC CONSULTING INC. 87 Objectives and targets vi Energy efficiency is a va luable opportunity to reduce or avoid future costs . Investing in energy management and implementing the actio.ns identified in th e CEMP w ill provide valuable opportun ities for the City of Pickering. Not o nly will it result in energy intensity and GHG savings, but it w ill also provide opporLunities for staff engagement, lower ri sk expos ure, and demonstrated leadership by the City. The objectives of the City of Pickering's Corporate Energy Ma nagement Plan are to achieve the following: 1. The City of Pickering promotes the efficient management of energy in corporate facilities. 2. The efficient use of ene1'gy is to be a consideration for the City in corporate policy and budge t decisions. 3. The efficient use of energy is to be a part of the daywto-day activities of City staff. 4. An integrated I systems approach is to be taken w hen managing energy. The CEMP establishes the following quantitati ve targets to guide the City's efforts on energy management from July 2014 to Jul y 2019: Energy intensity (ekWh/sqft) GHG emissions (kg) IN DECO STRATEGIC CONSULTING INC. 89 90 Scope and method 2014-2019 The CEMP addresses buildings, technologies, and street and traffic lights-as well as people, processes, and information. The plan draws on information from a number of sou rces: interviews, a strategic planning workshop, a review of existing walk-through and detai led facility aud its, and a rev iew of City policies, plans and programs. The first step in th e process was to identify and define the preferred state I v ision of energy management for th e City. This was accomplished through five in-person interviews an d a strategic plan ning w orkshop held with key City staff. The second step involved defining the present state of energy use in the City by reviewing the City's energy management practices. Information was obtained through interviews with key City staff and the review of the City's key policies, plans, programs, and reports related to energy. The third step involved developing technical and organizational actions to assist the City in moving from its present to its preferred sta le of energy management. Techn ical actions were identified from detai led audits that had been prev iously conducted at 10 of the City's largest energy consuming facilities and walk-through audits that had been previously conducted at 17 other City facilities . The organizational actions, w hich relate to corporate processes, were identified through interviews and a strategic planning workshop. The actions are grouped in the CEMP accord ing to the following categories: vii viii • Organizational commitment -meas ures related to policies, targets, and resources required to enable energy management and the other acti o ns; • Existing buildings and equipment-measures, boLh technical and policy based, that impacL existing buildings and equipment; • New buildi ngs and equipment -measures, both technica l and policy based, that impact new buildings and equipment; Monitoring and tracking -measures related to evaluating, monitoring, and verifying energy data; • Communication and engagement-measures related to encouraging behavioural modifications to save energy; • Procurement and renewables -measures related to the procurement of energy and renewable technologies; and • Streetlights and traffic signals -measures related to installing more energy efficient lighting technologies. Many of the priority actions are foundationa l and put in place the structures and practices that w ill fac ilitate on-going energy efficiency w ithin the City. INOECO STRATEGIC CONSULTING INC. 91 92 The technical actions idenlificd through th e facility audit reports are grouped according to facility type and were allocated across the five years of the plan in order to facililate an annual net capital cost of approximately $130,000 in each year for budgeting purposes. These actions were prioritized based on their payback and net present value (NPV1). The actions are categorized inlo three time periods for implementation: 1. Priority actions-Year 1 Uanuary 201 5-January 2016); 2. Medium-term actions -Years 2 and 3 Uanuary 2016- January 2018); and 3. Longer-term actions -Years 4 and 5 Uanuary 2018 -july 2019). These Lime periods were selected to ensure comp liance w ith the regulation and to create alignment budget cycle of the City. Capital costs and savings Year 1 Year2 To implement the CEMP, the City will need to make significant capital investments in energy efficiency over the five-year period. However, these investments w ill yield significant returns. It w ill cost approximately $640,700 to imp lement the selected measures identified in the 27 detailed and walk-through audits, as well as measures th at were extrapolated to other buildings. If implemented according to the schedule, it w ill cos t th e City approximately $130,000 each year over the next five yea rs. The total cumulative net energy cost savings for the City over the next ten years will be $1,582,050. Th e table below provides a breakdown of the capital costs and cumulative energy savings over Lhe next ten yea rs. The City is committed to implementing these initiatives o n a priority basis based on avai lable funds. CaJ>ital cost, including incentives $133,000 $125,000 Cumulative energy cost savings1 --- $48,3 00 $81,100 1 The utility rates used to calculate lhe NPV were based on the ave1·age utility costs from the utility analysis in the audit repotls. The electricity rale was adjusted based on the Industrial Price Forecast 011 page 8 of Ontario's I eng-Term Energy Plan (http://www.energy.gov.on.ca/docs/LTCP _2013_ English_WFB.pdn. The natur:JI gas relic was adjusted based on rhe natural gas price reference projections In Natural Resource Canada's report on Canada's Energy Future: Energy Supply and Demand Projections to 2035 · Energy Market Assessment (http://www.neb-one.gc.ca/clf·nsilrnrgynfmtn/nrgyrprt/nrgyflr/20 l1/nrgsppldmndprjctn2035-eng.html). A discount rate or 12% was used In calculating the NPV. 201 4-201 9 i;~; 95 Report CR 02-14 June 9, 2014 Subject: City of Pickering Cultural Strategic Plan Page 2 City of Pickering staff drew on this research to identify six strategic directions that comprise the Pickering's Cultural Strategic Plan: 1. broaden and deepen City leadership and investment 2. build a strong and collaborative cultural sector 3. strengthen culture led economic development 4. conserve and promote history and heritage 5. celebrate and support diversity and inclusion 6. culture opportunities for the creation, education and enjoyment of the arts The City of Pickering Cultural Strategic Plan is presented in two documents; the first is entitled "Cultural Strategic Plan, Final Report-June 2014" which summarizes the research findings and details the six strategic directions and action plan; and the second is entitled "A Cultural Map of Pickering: Background Information, Final Report-June 2014" which details the community profile and research findings used to support the development of the plan. They are provided as Attachments #1 and #2 respectively. Financial Implications: Many of the strategies within the plan utilize existing staff resources and existing current and capital forecast budgets. Those strategies that require additional or new funds in the current and capital budgets will be subject to the approval of Council through the annual budget process. The recommendations to establish reserve funds will be further explored and incorporated within newly created policies which will once again be subject to Council approval. Discussion: Cultural planning is evident in many communities across the world and is rapidly spreading throughout North America. With the decline of heavy industry and the rise of the "creative economy", decision makers understand the value of a culturally vibrant community to sustain the economy, protect the environment and attract creative thinkers. The City of Pickering is a vibrant community rich in diversity, history and the arts, featuring irreplaceable and unique natural heritage landscapes and is on the verge of tremendous growth and development. Staff plans for Pickering's future in accordance with various corporate strategies and documents that include the Pickering Official Plan; the City Centre Vision for Intensification and Framework for Investment; the Recreation, Parks & Cultural Services Master Plan and the Pickering Museum Village 10 Year Strategic Plan. However, a single comprehensive Cultural Strategic Plan has never been developed by the City of Pickering until now. Development of the Plan: The plan was undertaken by an interdepartmental staff team that represents the entire corporation over the period of approximately 5 years (for list of staff names, see page Report CR 02-14 June 9, 2014 Subject: City of Pickering Cultural Strategic Plan Page 3 54 of the Cultural Strategic Plan). Community leaders in the field of arts, business, culture, ethno-culture and heritage participated in the preparation of the Plan as members of the Community Stakeholders Committee (for list of names, see page 55 of the "Cultural Strategic Plan"). The role of the Community Stakeholders Committee was to provide feedback to the interdepartmental staff team on the development of the cultural plan. As such, they provided input, guidance and advice to City staff throughout the project. The services of Monteith Brown Planning Consultants were utilized to execute and summarize the findings of the community through online and telephone surveys in 2010. The services of Dr. Greg Baeker, Director Cultural Development, Miller Dickinson Blais was utilized to facilitate the City of Pickering staff visioning session on June 27, 2012 at which time the strategic directions were identified. Cultural Mapping: An interdepartmental staff team took on the important work of mapping out Pickering's · cultural resources, which is detailed in the report entitled "A Cultural Map of Pickering: Background Information, Final Report-June 2014". Cultural mapping is defined as a systematic approach to identifying, recording, classifying and analyzing a community's cultural resources. The interdepartmental staff team had such success in identifying our cultural resources for the purposes of this plan that they launched an online Cultural Directory on January 25, 2012, paid for by a grant of $12,000, through the provincial Creative Communities Prosperity Fund. The Cultural Directory can be found on the City's website and provides a comprehensive listing of Pickering's cultural assets within the following categories: Creative Industries; Cultural Heritage; Facilities & Spaces; Natural Heritage; and Non Profit Organizations. Due to extensive community engagement, approximately 300 Pickering cultural assets are profiled on this website for the world to access. Community Consultation: The foundation of the City of Pickering Cultural Strategic Plan is community consultation and public input. For this plan to be successful and most importantly "authentic", staff knew that the planning process must be "with the people" not "for the people". As a result, consultation with all levels of municipal government, staff, community stakeholders and community residents were completed during the cultural planning process. The information was gathered utilizing a variety of methods and they include: Online Surveys: e Online stakeholder surveys were used to capture the input from community organizations, businesses and individuals. • Online Stakeholder Surveys were completed between January to March 2010 with 79 organizations completing the survey (see pages 56-58 of the Cultural Strategic Plan document for complete list of participants). 96 97 Report CR 02-14 June 9, 2014 Subject: City of Pickering Cultural Strategic Plan Survey findings are detailed on pages 41-56 of the Cultural Map of Pickering document. Community Telephone Surveys: Page 4 • Community Telephone Surveys were used to collect ideas from a random sample of Pickering residents. • The Community Telephone Survey was completed in early 2010 with 450 households participating (representing approximately 1 ,400 Pickering residents). • Survey findings are detailed on pages 27-40 of "A Cultural Map of Pickering: Background Information, Final Report-June 2014". Interviews: e Individual Interviews were used to gain insight from Members of Council, the Chief Administrative Officer and all Department Heads. • Council and Senior Manager Interviews were conducted in May and June 2011. e Interview results are detailed on pages 57 -60 of the "A Cultural Map of Pickering: Background Information, Final Report-June 2014". Questionnaires • Questionnaires were distributed to various Committees of Council in June 2011. • A summary of the findings can be found on pages 61 -62 of "A Cultural Map of Pickering: Background Information, Final Report-June 2014". Focus Group Sessions • Focus Group Sessions were conducted with Youth and Seniors in September 2011 and June 2012. • A summary of the findings can be found on pages 63-65 of ""A Cultural Map of Pickering: Background Information, Final Report-June 2014". Community Stakeholders Committee ~~~ Regular Meetings were conducted with the Community Stakeholders Committee to provide staff with input, guidance and feedback on the cultural planning process. Strategic Directions: The research findings of the consultation phase of the cultural planning process were discussed by the senior management team and the interdepartmental staff team at a staff visioning session held on June 27, 2012. The visioning session was facilitated by Dr. Greg Baeker, Director Cultural Development, Miller Dickinson Blais who guided the discussion. Research findings revealed that Pickering has a wide array of cultural attractions and opportunities, high level of cultural diversity, and strong commitment from organizations Report CR 02-14 June 9, 2014 Subject: City of Pickering Cultural Strategic Plan Page 5 and individuals to the cultural life of the City. However, the research also identifies gaps in the support of arts, culture and heritage; fragmentation of the City's cultural sector, a need to connect culture and economic development; and better networking and collaboration to allow the City's cultural sector to realize its full potential. For this reason, City staff identified six Strategic Directions: 1. broaden and deepen city leadership and investment 2. build a strong and collaborative culture sector 3. strengthen culture-led economic development 4. conserve and promote history and heritage 5. celebrate and support diversity and inclusion 6. culture opportunities for the creation, education and enjoyment of the arts For each Strategic Direction, the City has identified actions, timelines, and staff responsibilities for implementation. Feedback on the Draft Cultural Strategic Plan: The interdepartmental staff team conducted a presentation for senior managers on December 4, 2013 and the community stakeholders committee on March 24, 2014 in order to present the highlights of the draft plan. Their feedback was collected and considered in the draft document. City of Pickering staff also hosted a public open house meeting on April 16, 2014. The meeting was promoted on the City's community page, website, eblast to our program registrants, cultural directory asset owners, and community organizations database. A presentation highlighting the findings of the cultural plan was made to approximately 10 individuals and /or association representatives in attendance. Feedback was provided by approximately 5 participants and their comments were considered in the draft document. It is recommended that Council receive the City of Pickering "Cultural Strategic Plan, Final Report-June 2014" and "A Cultural Map of Pickering: Background Information, Final Report-June 2014" and direct staff to use it as the basis for future corporate decisions, recommendations and budget submissions over the next 10 years. Attachments: 1. Cultural Strategic Plan, Final Report-June 2014. 2. A Cultural Map of Pickering: Background Information, Final Report-June 2014. 98 -.---. --~-. --. ----. - City of Picl<ering Cultural Strategic Plan 2014 ,. __ -~----. ~ -· • -;~-, . _:.c. . • --. ·- Executive Summary 3 1 5 1.1 Why Cultural Planning? 7 1.2 A Made-in-Pickering Cultural Plan 9 1.3 Definitions 11 1.3.1 Culture 11 1.3.2 Cu ltu ral Planning 11 1.3.3 Cu ltural Resources 12 1.3.4 Cultural Mappi ng 12 1.3.5 Arts 12 1.3.6 Heritage 13 1.3.7 Ethno-culture 13 I ,.. I 14 2.1 Impact on Community Character 15 2.2 Impact on Social Capital 17 ... :1esearch Rndings and Public Input 18 3.1 Background 20 3.1.1 Pickering's Geography 20 3.1.2 Pickering's History 21 3.1.3 Pickering's Demographics 21 3.1.4 Picker_ing's Economy 21 3.1.5 Pickering's Natural, Cultural and Recreational Assets 22 3.1.6 Pickering's Cu ltural Organizations 24 3.2 Public Input 25 3.2.1 Community Te lephone Survey 25 3.2.2 Stakeholder Group Survey 26 3.2.3 Interviews: Counci l Members 28 3.2.4 Interviews: Senior Managers 28 3.2.5 Committee of Council Questionnaires 29 3.2.6 Focus Group: You th 29 3.2.7 Focus Group: Seni ors 30 101 ,...--____.--...,. --~----.. ~... • . .. r : City of Pickering Cultural S~rate~ic Plan 2014 ~-.A---..-f--.. I --- and Strategic Directions .,1 4.1 Vision 32 4.2 Strategic Directions 33 4.2.1 Strategic Direction 1: Broaden and Deepen City Leadership and Investment 34 4.2.2 Strategic Direction 2: Build a Strong and Collaborative Cultural Sector 35 4.2.3 Strategic Direction 3: Strengthen Culture-led Economic Development 4.2.4 Strategic Direction 4: Conserve and Promote History and Heritage 4.2.5 Strategic Direction 5: Celebrate and Support Diversity and Inclusion 4.2.6 Strategic Direction 6: Cultivate Opportunities for the Creation, Education, and Enjoyment of the Arts 5 How to Use hese Strategic Directions: Integrating Planning for Culture 36 37 38 39 in City Decision-Making 40 ·Appendix A: Members of the City of Pickering Staff Committee Appendix B: Members of the Community Stakeholders Committee Appendix C: List of Organizations that Completed the Survey Appendix D: Participants in Visioning and Strategy Session " Over the past 22 years, Young Singers has worked with over 800 talented young children, enriching their lives through the power of music. They have also acquired an appreciation for the arts, and developed life skiils which will serve them in their future as upstanding and caring leaders of our community. " 2 Contributed by the Young Singers 54 55 56 59 102 City of Pickering Cultural St1·ategic Plan 2014 . ' . E E u I This Cultural Strategic Plan establishes a vision for the place of arts, culture and heritage in the City and strategic directions for policy, investment, and City programs in the next few years. Cultural planning is intended to help the City retain its unique heritage and culture while keeping pace with the demands of the 21st centu ry and globalization. It is also part of the City's Journey to Sustainability, intended to balance the needs of the environment, the economy, and the social community and ach ieve sustainable growth. The research conducted for this plan was wide-ranging and highly detailed. Pickering staff fi rst gathered background information from statistics, historical documents, and other sources to help define Pickering's cultural make-up, as well as its cultural and heritage assets. The City also canvassed opinion from the community through a telephone survey of Pickering residents; online surveys for communi ty organizations; interviews with members of Council and senior City managers; and focus group sessions with youth and seniors. The findings (which are summarized in this report and presented in more detail in a separate report titled A Cultural Map of Pickering) revealed a wide array of cultural attractions and opportunities, a high level of cultural diversity, and strong commitment from organizations and individuals to th e cultural life of the City. However, the research also identified gaps in support for arts, culture and heritage, some fragmentation of the City's cultura l sector, a need to connect culture and economic development, and barriers preventing the City's arts, culture and heritage from reaching its full potential. 103 ' -• -------.----·---y ---- City of Pickering Cultural Strategic Plan 2014 ...._ • . • -... .. ---~ • .... -· _. ~'---.. '" " -... -. ~ . ---·.;o;.. -. -· --·"' --•., ' -I For each Strategic Direction, the City has identified concrete actions that the City can undertake to support and promote culture, arts and heritage. These include: • creating new staff positions related to Culture • forming a Cultural Advisory Committee • developing educational programs for youth focused on local heritage • expanding the Central Library to provide additional meeting space • completing a Tourism Strategy • establishing a Visitors' Centre at the Pickering Museum Village • creating a Cultural Roundtable with representation from diverse comr"!lunities • using art to enhance public spaces • addressing the need for a new performing arts or multi-purpose cultural facility " Leading hikes of interested students or adults into the [Altona] Forest to study plants, animals or natural features such as ponds, is extremely enjoyable, especially when seeing the enthusiasm and appreciation of the environment of young people who will be stewards of our environment in the future. '' Contributed by a member of the Altona 4 Forest Stewardship Committee 104 --~ City of Pickering Cultural Strategic Plan 2014 _,.. . --, -""" . ....,., ...:._·~--~, -.. -~----. . 6 Pickering has developed this Cultural Strategic Plan to answer the following questions: • How can the City of Pickering retain its unique heritage and culture while keeping pace with the demands of the 21 61 century and globalization? • How can the City of Pickering ensure that sustainability (environmental, social and economic) remains at the forefront of the City's agenda, considered in a integrated, holistic way and held paramount in decision making, not an afterthought? Arts, culture, and heritage define a community and create a sense of place and belonging. These cultural resources send a clear message to the world about the community-its values, beliefs, and customs. The creation of Pickering's Cultural Strategic Plan involved: • mapping the City's cultural resources • collecting input from residents and valued partners to define cultural opportunities, priorities, and identity • developing a comprehensive, strategic approach to achieve the City's vision for culture " Pickering's place in Canada as a cultural centre will be measured by its ability to promote artistic expression. We can achieve cultural prominence through the funding of public places · where artistic performance can occur. '' Contributed by a member of Pine Ridge Secondary School 106 The planning process began in fall 2007 and was spearheaded by a team of staff that reflected the entire organization. See Appendix A for members of the City of Pickering Staff Committee. Regular consultation was sought from a Community Stakeholders Committee throughout the process. See Appendix B for the list of Community Stakeholders Committee. See Appendix C for those who participated in the survey. Finally, on July 27, 2012, a Cultural Strategic Plan Visioning Session took place at the Pickering Museum. The session involved 16 City of Pickering staff members from across a range of departments, all of whom were involved in the cultural planning process. See Appendix D for a list of pa rticipants. The purpose of the session was to cdnsider the results of the community consultation and use these insights to develop Strategic Directions to guide the Cultural Strategic Plan. Dr. Greg Baeker, Director of Cu ltural Development at Mi llier Dickinson Blais, facilitated the session and prepared a summary report. The four-hour session generated rich and insightful discussion. It began with a review of the work completed to date in the cultu ral planning process by Marisa Carpino, Manager of Culture and Recreation. Dr. Baeker outlined core concepts and tools in municipal cu ltural planning. Following the presentation, participants were divided into smaller groups to generate ideas related to the following questions. 1. What did the community consultations tell us about what we are doing well in culture in Pickering? What are our strengths? 2. What did those consultations suggest we are not doing or not doing as well as we could? 3. What key words have emerged from our research that must form part of a vision statement to guide the Cultural Strategic Plan? 4. What "big ideas" or strategies have been put forward to advance this vision? 5. What are some signs that we are moving in the right direction? The results of this discussion are described in the section on "Vision and Strategic Directions." ----=---_ -• Clt:y of Pickering Cultural Strategic Plan 2014 . . -----·-------~ ~ - .3,6 Herita e Heritage includes both tangible and intangible elements of the natural and cultural past. Tangible assets include buildings, cemeteries, monuments, artifacts, specimens, collections, archaeological sites, cultural landscapes, and sacred spaces. Intangible aspects include beliefs, ideas, customs, traditions, languages, and religions.12 1.3.7 Et no ... culture Every persqn belongs to one or more ethnic groups and each identifies with some cultural heritage shared with others from similar national, religious, or language backgrounds. The term ethnocultural refers to an ethnic identity supported by cultural practice, tradition, and institutions. Canada's population includes a wide variety of ethnocultural groups among people of indigenous Northern, Central, and South American backgrounds and those who have originally come (or whose forebears came) from African, Asian, or European countries.13 u Arts, Heritage and Culture Master Plan. Region of Waterloo. 13 Glossary of Access and Equity Terms, City of Toronto Task Force on Community Access and Equity (1998-1999). Torontoartscouncil.org. 113 13 114 " City of Pickering Cultural Strategic Plan 2014 ... --. ---------~-...._ ____ ---·--=----- Culture is important for youth as well. Through the arts and culture sector, youth find· ways to belong and to express themselves. This is especially important for youth who feel isolated or marginalized, but it is true of all young people. And as some of these young people become professionals in the cultural sector, they give back to their communities. Crafting a clear cultural identity and attracting those who share in that vision to our community will increase community capacity and community development in Pickering -both key components of a sustainable community. Our cultural identity will be reflected in the City beyond our people; in our streetscapes, street plans, public spaces, historic sites and buildings. It is what makes it distinct from any other place on earth. '' There is a very broad base of capable volunteers across a broad range of heritage and cultural groups that would willingly volunteer their efforts to enable growth in this sector, but investment in the basic infrastructure is a necessary starting point. The timing is right in that there have never been more people with the right skills and right energy to support such an endeavour. Such a plan would be welcome by educators, arts and culture advocates and industry, but it needs leadership from the City to get started. 16 Contributed by the Pickering Gas & Steam Club " 116 The research conducted for this plan was wide~ranging and highly detailed. In order to keep this Cultural Plan as concise and accessible as possible, we have summarized the findings here; the full results are available in a separate document. Interested readers are encouraged to consult this document to appreciate the wealth of information, insight, and passion of all those who contributed to the Plan. A few of those insights and comments have been selected and highlighted in this plan, to show how it reflects the community consultation process. 118 --------' -. -- City of Pickering Cultural Strategic Plan 2014 .\ ~ '-I' • ' '""' ' •• \ • • ~ -.... -,· ! .... --'_'. ..... .,._, ••• ,. .... ...._ ....,. 4•., ~ . . . . : . . .. .!. Pickering staff f!rst gathered background information from statistics, historical documents, and other sources to help define Pickering's cultural make-up, as well as its cultural and heritage assets. The research also included canvassing opinion from the community through a telephone survey of Pickering residents; online surveys for community organizations; interviews with members of Council and senior City managers; and focus group sessions with youth and seniors. "A strong and positive volunteer sector breeds success and sustainability from within ... I don't think anything says more than the value of the volunteer in.:.kind donation that supported this museum's operation in 2009 ... $585,000 dollars of time is not insignificant. .. 305 volunteers believe this facility is worth investing in, and we could not receive the awards, the accolades, or offer the public programs without those volunteers and their commitment. Contributed by volunteers from Pickering Museum Village " " Woodworking was a major activity in 19th-century rural society. The Woodwrights have completed 53 on-site projects since inception in 2007. This doesn't include the many hours involved in constructing the new Woodwrights shop. These are outstanding accomplishments from a small group of volunteers. The quality of our work has been noted by all those who remember "how it was like." " Contributed by the Woodwrights' Guild 119 19 20 -. City of Pickering Cultural Strategic Plan 2014 . . . --------. . . 3.1 Backg round 3.1.1 Pickering's GeoRraphy Pickering's environmental heritage includes the waterfront on Lake Ontario, the nationally renowned Rouge Park, and the provincially significant Oak Ridges Moraine. Within its boundaries are 79 parks and four conservation areas. These areas support recreational opportunities such as paddling along the shores of Frenchman's Bay, walking the West Duffins Trail and Seaton Trail systems, cycling the Waterfront Trail, hiking th rough Altona Forest, and swimming in Ontario's largest outdoor pool at Petticoat Creek Conservation Area. Pickering's 231.59 square kilometres of land and waterways are situated within five watersheds: Petticoat Creek, Frenchman's Bay, Duffins Creek, Carruthers Creek, and Lynde Creek. Watershed plans have been or are in the process of being completed for each of these areas. The urban part of Pickering is focused on the "Downtown", which we now refer to as the "City Centre". The City Centre includes the Pickering Civic Precinct (City Hall, Main Central Library, Esplanade Park and the Pickering Recreation Complex), and Pickering Town Centre (a large regional shopping centre with more th an 200 stores and services), as well as office buildings and a bridge to the Pickering GO Station. Approximately 5,000 people live in the City Centre today, and 5,000 people are currently employed here. Pickering's rural area occupies about two-thirds (15,200 hectares) of Pickering's land mass. In 1996, Pickering's rural residents made up approximately 6% of Pickering's population, mostly in ru ral hamlets, rural clusters, and country residential settlement areas. 120 -----------------------=-----' City of Picltering Cultural Strategic Plan 2014 j -· • _·_ ·_~_...... -----------------__ __,__ -----=---"' ic ering's History The first people to live in Pickering settled there approximately 4,000 years ago. By the mid- 1 Jlh century, the Huron were driven away by th e Five Nations Iroquois, who established villages throughout the area. By the late 1600s, French explorers made their way into the area and established trade and missionaries. English settlers followed, fought against the French settlers, and defeated them, which ultimately led to the acquisition of Pickering Township by England in 1785. The Townsh ip of Pickering was settled by farmers, most of them from Great Britain or Ireland, starting in the 181h century. In addition to a settlement focused on the harbour at Frenchman's Creek, there were hamlets scattered throughout the rural area, many of which have survived to this day (such as Brougham, Cherrywood, and Whitevale). The harbour declined in importance in the 191h century, but the growth of the City of Toronto led to a rise in the number of summer cottages in the Pickering area. New suburban communities were built, starting in the 1960s. By the 1990s, in response to concerns about environmental impacts and the loss of farmland, the City began a Journey to Sustainability to chart a new course for the City. 3,1 .3 P1c <e ng's D mographlcs At the end of 2013, the City of Pickering had a population of approximately 95,000. Between 2006 and 2011 , Pickering 's population increased by 1%. Pickering is planned to grow to approximately 225,000 people by 2031. Of this number, 61,000 people (about 25%) are expected to live in the Seaton Community by 2031. The Seaton Community is nearing the end of the planning stage. Two important trends are evident: the population is aging and is becoming more ethnically diverse. The majority o~ Pickering's population is between the ages of 45 and 59. More than 35% of Pickering's population is made up of a visible minority and more tha n 24% (statistic 21,240/87,920 working numbers) of the population speaks a language other than English or French. Pickering's largest visible minority is Black Canadians with Caribbean origins, followed closely by residents from South Asia. . .4 PicJ(erln 's Economy Pickering is a leading centre for energy in Ontario. Its core business sectors include companies in Energy, Environment, and Engineering (known as the EN3 Cluster). It is horne to Ontario Power Generation (OPG), the City's largest employer and one of the largest electricity producers in North Ameri ca, as well as Eco-Tec, Siemensrrrench Canada Ltd. and lntelli meter. Other important industries and sectors include advanced manufacturing, logistics, pharmaceuticals, electronics, and consulting. 1 21 21 ,-. --.-------------= -=---=== = ---~--------:· City of Picl\erlng Cultural Strategic Plan 2014 =--~--· . -~ --~-. -----~---·~-~-----~ -------~-~---~ ~-="" ""-· _.,.. .. • ·~ 22 .. 5 ic et·ing's atural, Cultural and ecreational Assets Pickering has a range of natural, recreational, heritage, arts, and cultural attractions for residents and visitors that include, but are not limited to, the following: • Frenchman's Bay is a shallow co~stallagoon on the Lake Ontario shoreline, protected by a barrier beach that is well used by residents and visitors for walking, boating and fishing. • Waterfront Trail is a scenic haven for cycling, inwline skating, and leisurely strolls. • Altona Forest is an environmentally significant area that provides essential habitat for many plants and animals and is used for hiking, bird watching, wildlife photography, and educational interpretative walks. • The Seaton Trail is located along the West Duffins Creek and follows historic hunting and fishing routes on the creek. The trail passes heritage buildings from Pickering's pioneer days, such as the grist mill at Whitevale. • Petticoat Creek Conservation Area on the shores of Lake qntario offers spectacular views of the coastal bluffs, and opportunities to see wildlife and enjoy picnics and waH<s in a 70whectare park. The 35·year-old swimming pool, one of Petticoat Creek's main attractions, was recently · reconstructed as a new aquatic entertainment facility. The new facility includes a 3,200 square metre wading pool, a 750 person capacity swimming area, and a splash pad with interactive water features. • Greenwood Conservation Area on Duffins Creek is managed by the Toronto and Region Conservation Authority and open to the public for hiking, cross·country skiing, fishing, and bird watching. ' • Claremont Field Centre is located on the banks of the Duffins Creek East and Mitchell Creel< and is on the Trans Canada Trail. The Centre is managed by the Toronto and Region Conservation Authority. Outdoor education programs are offered for school, Scouts, Guides, and other groups. • Diana Princess of Wales Park is a well-used park adjacent the City Centre that offers a ball hockey rink, basketball court, mini soccer pitch, skateboard park, soccer/football field, tot equipment, and volley ball court. • Millennium Square is a large public square at the southern tip of Liverpool Road, on the shores of Lake Ontario. From the Square visitors can access the Waterfront Trail system, or picnic at the adjacent Beachfront Park. Events such as concerts are often held here in summer. 122 l-------------------------------------, City of Pl r.l~ering Cult.ural Sl.rategic Plan 20'14 ! ----. • Beachfront Park, south of Hydro Marsh, offers an elevated beachfront boardwalk, beautiful views across Lake Ontario, generous seating and picnicking areas. In addition to the beach, children can enjoy the recently constructed splash pad play area, modern accessible play structures, swings, and beach volleyball. • Alex Robertson Park is home to the popular art installation "Homeplace" and the newly created Butterfly Garden. Alex Robertson Park includes hiking and running trails and is popular. with cricketers, dog walkers, cyclists, and hikers on the Waterfront Trail. • Homeplace, located on the north side of Alex Robertson Pari<, is a structural design by Canadian artist, Dorsey James, which was installed in 2001. The different designs of the structure symbolize a variety of periods, cultures, and beliefs. The most recognizable is the hydro pole arrangement atop the hill. The poles grow in height toward the centre, acknowledging individual growth as well as the growth, evolution, and prosperity of the community. • Nautical Village is a community of residences, shops, services and marinas anchored by a core of live/work units, located at the base of Liverpool Road. Nestled between the edge of Lake Ontario and the western shores of Frenchman's Bay, Nautical Village offers a waterfront lifestyle including recreational opportunities for boating, paddling, fishing and cruising, all supported by specialty shops, full service restaurants and cafes. • Frenchman's Bay Marina was established on the north shore of Lake Ontario in Frenchman's Bay during the summer of 1972. The Marina serves several hundred boating customers. • Wind Turbine: This 117 -metre turbine (measured from the ground to the highest blade tip) can produce enough emission-free energy to supply the annual electricity needs of about 600 average Ontario homes. • Pickering Museum Village is located on the banks of Duffins Creek in historic Greenwood. The largest living history museum in the Durham Region, this award-winning site has 20 restored heritage buildings dating from as far back as 1810, including a blacksmith and woodworking shop, a general store, a schoolhouse, houses, barns, and places of worship. Tours at PMV re-create the daily life of Pickering Township's settlers from the early pioneer days onward. • Whitevale Heritage Conservation District contains more than 50 buildings dating from the 191h century, which are listed on a heritage inventory. The district is located on West Duffins Creek and retains traces of its past as an important rural centre and mill site. • Heritage Properties listed on Pickering's Cultural Directory range from Victorian schoolhouses to un.ique modernist properties to historic cemeteries. • Pickering Town Centre Farmers' Market was started in 2011, and was designed to be a comprehensive community event to feature local farmers and food producers, support local food banks, and showcase local artisans, craft workers, and musicians. .l~ 123 I --• --------. -----------------. I City of Piclu1riny Cull~•ral Stt·ateglc Plat1 2014 t _____ . -__ _J __ ._-._·_,·_ .. _· _•_-_,_;_ .. -. __ • __ ._-_. __ ·_· _. ___ ._-_-"-------·-·~----·-------_ _j 74 • Pickering Recreation Complex, a nationally accredited fitness centre in the heart of Pickering, offers world-class training to athletes such as Olympian Perdita Felicien. The Complex celebrated its 30th anniversary in 2013. It offers mo re than a quarter-of-a-million square feet of facility space and top-of-the-line cardia and fitness equipment, twin ice pads) and programs for all ages and abilities, including fitness, aquatics, tennis, squash, and racquetball. • Durham West Arts Centre in the Pickering Recreation Complex showcases local, national, and international talents, ranging from visual to performing arts. • Pickering Public Library: Pickering has one central public library and three branches. A Central Library Expansion and Renovation Study was completed with stakeholder and community input in 2012. The Library's current Strategic Plan is moving services away from a more traditional model of providing physical materials to providing access to technolo gy and training to produce creativ~ and intel lectual products. • Shopping and Dining: The Pickering Town Centre offers more than 200 stores, restaurants, and services. Pickering is also home to a SmartCentre, The Shops at Pickering Ridge, and Brookdale Centre, the Pickering Markets, and many stand-alone shops and restaurants. 3.1 .. 6 lcltering's C ltural Or anizations Pickering's Culture & Recreation Department offers thousands of programs each year, promoted through the City of Pickering Leisure Guide. Programs include culinary arts, visual arts, performing arts, language, and heritage programs (offered by the Pickering Museum Village). The Department c9ordinates many free events, including Theatre in the Park, Waterfront Concert Series, Treble in the Park, Heritage Day, Artfest, Spirit Walk, Steam Up & Opening, The Settler, Trail , and Christmas in the Village . The stakeholder survey completed for this plan identified 79 other cultural organizations in Pickering, listed in Appendix C. These include schools, places of worship , ethnocultural groups, businesses focused on the arts, recreational organizations, and environmental groups. The diversity of Pickering's cultural fabric and the commitment of its volunteer sector are evident in the list and in the responses to the survey. 124 t ·--. ----. . . . "1, . . . City of Piclterillg'Cultural Strategic Plan ~014 . . • -~-· ...... -:· t --------~....1'~-----. ._ ~-..... -_.,._-~--------~-__ -........ JG Gaps: When asked about events that they would lil<e to see in Pickering that are not currently offered, respondents most often suggested musical performances, theatre, art exhibits and galleries, educational programs, and ethnic or multicultural festivals and events. Awareness: The most common ways in which people learn about cultural offerings are newspapers (42% of all households); mall outs (21%); e-mail (13%); newsletter/magazines (12%); and bulletin boards/posters/flyers (12%). Households with children were more likely to feel that their household is generally aware of the heritage, arts, and culture opportunities that are available in Pickering than households without children. Barriers to participation: The most common reason given for not participating as often as they would like was lack of personal time (59%), followed by health problems or disability (16%) and lack of desired facilities or programs (8%). Spending on culture: Respondents were asked how much money their entire household spends on heritage, arts, and cu lture in a typical month. This spending includes subscriptions, tickets, donations, program fees, and materials, but excludes movies. We learned that 54% of respondents spent $0- $50 per month, followed by 15% each for those that spend $50-$99 per month and $100-$199 per month. Only 8% of households spent more than $200 per month on heritage, arts, and culture. Spending priorities for the City: The facility type thought to be most in need of additional public spending was parkland for festivals and special events (66%), followed by a performing arts centre for theatrical and musical performances (55%), museum or heritage sites (43%), rehearsal spaces for dance, theatre or music (43%), art galleries and exhibition space (31 %), and art studios for creating visual arts, crafts, and other works (31%). 3 2. Stakeholder Group Survey Between January and Ma rch 2010, the City contacted cultural groups and community organizations and asked them to complete a survey about their activities. A total of 79 organizations completed the surveys. Of those organizations completing the survey, 22% were incorporated not-for-profit, followed by not incorporated not-for-profit (19%), other (16%), for profit (15%), school/educational institution (15%), government (9%), and church/place of worship (4%). The most common primary discipline of the organizations represented by respondents was cultural heritage (39%), followed by community events (37%) and other (34%), such as education, ethnocultural groups, photography, and environment. 126 --. City of Picltering Cultural Strategic Plan 2014 -•-~ -----I ----------- Participation trends: Of the sample that provided feedback, 44 respondents (67%) reported an increase in their organization's participation, attendance, and membership over the past five years, 25% saw no change, and 8% experienced decreases. Cultural assets: 39 organizations (49%) reported owning or managing significant collections or other physical heritage, arts and culture resources, from buildings to costumes to musical instruments to archival materials. Funding: 23 organizations (29%) stated that they had received government funding from federal, provincial, and/or municipal sources in 2009. The total amount of funding received by the 23 organizations was $50,615,876, for an average of $2,200,690 per organization. Need for City support: 48% of the' 62 respondents that provided feedback regarding this question stated that thefr organization required additional support from the City of Pickering relative to heritage, arts, and culture, including: • Promotion and increased awareness • Facility upgrades/expansion • Financial assistance/lower fees • More cultural staff at the City • Partnership for marketing and sponsorship • Grants • Expanded programming • Long-term planning Challenges: Respondents were provided a list of 8 options and asked to select the 3 greatest challenges facing their organization relative to heritage, arts, and culture. Lack of community awareness and promotion (56% of all org!=lnizations) was the primary challenge, followed by shortage of facility space (42%), level of funding (40%), and staff or volunteer resources (36%). " I propose to establish a big enough place in which Jewish, Christians, Muslims, Hindus, Sikhs may be allowed to one day teach in order to offer their heritage, arts, and culture events and participated by community and City officials who would like to participate. " Contributed by a member of the Muslim Youth & Community Centre for Pickering/Durham 27 127 ,---------~----. ------------. ---------~--~ ..... Cily of Pi,~(eri_ng Cl~l~ural Strategic Pia~, __ . __ __.._._~----·----~ ~ j 78 "'.2.3 nte1views: Council Members In May and June 2011, interviews were conducted with members of Pickering Council. Pickering's strengths: When asked to identify the strengths of Pickering's current cultural community, the most common response was Pickering's diversity. Gaps: Many members of council felt that a gap in the current delivery of cu ltural services and facilities was Art Facilities (performing arts, visual arts, art studios, meeting spaces, etc.). Pickering's city centre was identified as the ideal location for an Arts Centre and so a strategic use of municipal and provincial lands in the city centre must be considered. Priorities: All members of Council felt that culture should be a high priority for th e City of Pickering, but recognize that it is not, as is evident in current budgets, facilities, and staff allocations. Many feel that active recreation holds a greater priority th an the arts, culture, and heritage. But members are not sure that is where the community is headed -as diversity continues to grow, cultural services will become increasingly important. Interviews: Senior Managers In May and June 2011, interviews were conducted with seven senior management staff members with the City. Pickering's strengths: The diversity of its p.eople was once again recognized as a strength of Pickering's cultural community. Staff also recogn ize and value the engagement of our residents and community organizations as a major strength. Gaps: Many staff felt that the development arid support of the arts was a critical gap and opportunity for the City of Pickering to address in this plan. Dedicated space is needed for proper artifact storage, archives, and visual and performing arts programs and services. Challenges: Staff wanted to see more engagement of cultural co mmunity members, better development and promotion of Pickering's natural heritage (trail maps, sites), better historical connections, ways to overcome th e urban and rural split within the community, and more funding for artistic placemaking in the municipality. 128 --------------~-------- City or Picltorlng Cultllral Sll'ntegic Plan 20111 ' --_-__ . .__,___ . ----~-~ . ------~ Commit1ee of Council Question naires In June 2011 , Pickering staff invited committees of Council to participate in a questionnaire related to the cultural plan. The committees included Heritage Pickering, Pickering Museum Village Advisory Committee, and the Accessibility Advisory Committee. Four completed surveys were returned to staff. Pickering's strengths: Respondents indicated that Pickering's diverse community, parks, waterfront, museum, and library are all invaluable. Gaps: Respondents suggest that more be done to promote and support these pillars of the community. This includes better access to the waterfront, more programs at the Recreation Centre, increased park safety, and development of the arts through an arts centre, better collaboration and communication among like-minded groups (i.e., Heritage Pickering, Pickering Museum Village, Pickering Historica l Society, the Central Library) and the creation of an economic plan to support tourism. One respondent also recommended increased support and funding for Pickering heritage so that a specific staff member is responsible for heritage matters. Challenges: Respondents suggested that the Cultural Plan should address the need to include northern Pickering in activities that take place in the city centre and the waterfront; to include advisory committee participation in the planning of cultural services; and to assign a coordinator who can facilitate cultural development. Also, housing developments should be designed to support residents through their lifespan and not segregate seniors, but integrate them in the community. ocus Group: Youth In September 2011 , youth from Pickering Activity Council for teens (PAC4Teens) and Pickering's youth progrc;1ms were invited to participate in a focus group session led by Pickering staff. Preferred activities: Many youth reported participating in the following cultural activities during their free time: dancing, drawing, painting, playing music, writing, visiting historic sites, and attending multicultural events. Youth most often participated in these cultural activities at home, at a friend's house, at a City facility and to a lesser extent, at school. Awareness: Many youth reported becoming aware of cultural programs and services through their friends, schools, parents, leisure guide, and newspapers. They also recommend that the City promote programs and services to them through schools, Facebook, and Twitter. Gaps: When asked what cultural activities they think should be offered, the responses included dances (for kids older than pre-teens), breakdancing, ballroom dancing, and a new facility for art classes. 129 29 '---'~ ---~ ~~--~-~~ --~ City of Pickering Cultural Strategic Plan 2014 .. ~ -• --• -... ----... -----------------... --... ~ _.. ~ ~_"':....__·-""'lll_-""':-~-------..J 3.2.7 Focus Group: Seniors In June 2012, seniors from the South Pickering Seniors Executive Committee were invited to participate in a focus group session led by Pickering staff. Preferred activities: The seniors reported the following cultural activities as important to them: crafts, heritage activities that include Scottish and Irish events (Robbie Burns Supper and St. Patrick's Day Celebration), Pickering Concert Band performances, dancing, playing music, computer courses (which include assistance with photos), graphics, honour library (where books are available to borrow without the need to sign them out), and theatrical performances. Restrictions: Seniors Club Executive members did not feel particularly restricted from participating in cultural activities. They feel that they have the support and resources to offer their membership cultural activities of interest. They also appreciate the programs the City of Pickering offers and are often invited by other agencies to attend specific activities or .events. Gaps: When asked what City of Pickering programs could be offered to seniors but currently are not, the following programs were listed: line dancing (club led), Zumba, Tai Chi, clog dancing, art classes, and a pole walking club (inside during winter). When asked what cultural facilities should be offered to seniors, the response was a theatre in Pickering featuring an accessible location, with weekday and weekend matinee show times. The membership also wanted a dance hall that would be accessible and large enough for big events. " I have been involved with the Pickering Museum Village as staff and volunteer for 20 years. It always surprises me that at each event there, I run into someone who is attending the site for the first time, and "never knew'' that Pickering had a museum; has lived in Pickering for years and paid taxes to help support the museum (unknowingly) and has now discovered what a wonderful, enjoyable, educational experience the museum is! ... This must happen in other cultural groups also. Are we missing an opportunity for communication or promotion here? " Contributed by a member of Bloomers & Britches Heritage 30 Gardeners, Pickering Museum Village 130 • -• • 1 City of Pickering Cultural Strategic Plan 2014 .... ~ ~ .. -~ ..., .. H J>" ..... .....,~~-~"'-'•'1_,.-. .. ~.-.. .... ~~· ....... ~. ,:_.:;·t.M ... ~J..,~_nM-......;•.,...,. ~ • ._,._ .. , ... --''•~•_.. __ .. · ··~~ ... fl'll. J-. .. ~ ........ , __ ....,. ,, ........ : •.......... ..-.... •••• •• --.1 32 Staff considered all of the information collected through the cultural planning process and have identified the following vision statement: Pickering will collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. " A community that offers opportunities to live, work and engage makes for an ideal destination for many families and a strong heritage, art~ and culture sector plays a key role in achieving that balance. " Contributed by Durham College 132 --- City of Pickering Cultural Strategic Plan 2014 • -~ • • -..-.. • -• • ".. ~ • • ~-.. ' t~ • l.• • 4.2 Strategic Directions From the visioning session and the discussions that followed, six Strategic Directions were proposed for the Cultural Plan. 1. Broaden and deepen city leadership and investment 2. Build· a strong and collaborative cultural sector 3. Strengthen culture-led economic development 4. Conserve and promote history and heritage 5. Celebrate and support diversity and inclusion 6. Cultivate opportunities for the creation, education and enjoyment of the arts For each Strategic Direction, there are recommended actions (not listed in any order of priority). "An image: a cheerful streetscape inducing people to smile, bringing them together, making them feel part of the community, people sitting on park benches enjoying each other's company, concerts in the park, children playing unstructured games. Wishes: parks & public 133 gardens, gathering places, bicycle trails, theatres, upgraded outdoor sports facilities. Contributed by a member of the Pickering Horticultural Society " 33 ' --- City of Pickering Cul~ural Strategic Plan 2014 ~ -~ ~ ...... -• -J • -J • ~ • ----- A defining feature of municipal cultural planning is integrating culture and cultural resources across many aspects of municipal p.lanning and decision-making. At a fundamental level, this requires asking three questions: 1. How can cultural resources contribute to addressing broader municipal goals and priorities (e.g., economic diversification, retaining youth, growing cultural tourism, etc.)? 2. How do local planning decisions affect cultural resources (e.g., what is the impact of new developments on existing and valued natural or cultural heritage resources)? 3. How can cultural resources enhance the quality of place, form and function of the built environment and the public re alm (e.g., through commissioned public art, strong urban design guidelines, interpretive materials related to local history, cultural programming in public spaces, etc.)? The Municipal Cultural Plan will help build the capacity of staff to integrate culture into ongoing planning by: • Establishing a set of shared definitions and assumptions to support cross-departmental planning • Supporting more informed planning through sustained cultural mapping of cultural resources " When I visited Chicago, I was so impressed by the power of the physical space to inspire. Everywhere I went in the downtown area, I saw images that provoked and engaged me ... There was a sense that this environment could make you better, 141 more creative .... not just yourself but the whole community together. This type Gf vision takes strong leadership to get community alignment.. I hope that the Cultural Strategic Plan can provide this vision. As a community leader, I would do whatever I could to support such vision. " Contributed by a member of the Pickering Public Library 41 City of Pickering Cultural Strategic Plan 2014 145 Strategic Direction Examine the opportunity to leverage cultural festivals to define a strong cultural brand for Pickering and increase its reputation as a significant cultural destination Integrate cultural and economic planning related to growing the creative economy and increasing the number of creative cu ltural industries in Pickering Examine opportunities to engage the private sector and encourage corporate sponsorships that will maximize resources/ investment for cultural initiatives ------- City Development Staff Time Medium Culture & Recreation Current Budget (existing) City Development Staff Time Medium Culture & Recreation (as resource) Culture & Recreation Staff Time Medium ' ,• Mca$urement Guidclino~ Increase participation in City events by 10% Increase number of existing and new vendors/ participants · Measure feedback though participant satisfaction Identify existing business with Durham Region Business Information Track business openings in Pickering and achieve 10% increase in creative cultural industries Completion of Corporate Sponsorship Package/Program Increased sponsorship revenue and number of sponsors by 20% 45 City of Pickering Cultural Strategic Plan 2014 149 Strategic Direction .. . . Develop funds to acquire and preserve heritage properties Establish a Visitors' Centre at the Pickering Museum Village Develop programs and facilities to house and conserve archival collecti ons Establish a First Nations Interpretive Centre and archive room, with appropriate partners Continue to operate the Doors Open program City Development Culture & Recreation Culture & Recreation Library Heritage Pickering (as a resource) Culture & Recreation H~ritage Pickering Pickering Village Museum Advisory Committee (as resource) Heritage Pickering Reserve Fund Long (new) Capital Budget Medium I Long Capital Budget Medium Capital Budget Long Staff Time Short Current Budget (existing) Measul'ernent Guidelines ' - Council-adopted program to establish reserve fund Opening of Visitors' Centre Opening of facilities (Library & Visitor Centre) Opening of Interpretive Centre (as part of the Museums' Visitors Centre) and number of artifacts displayed Host Doors Open Event 49 City of Pickering Cultural Strategic Plan 2014 151 Strategic Direction Develop cross-culture programming by connecting heritage, historic and arts businesses/ organizations Support programming in cultural centres through Marketing and Event guidelines for community engagement Culture & Recreation Staff Time Library City ,Development Culture & Recreation Staff Time Library Current budget (existing) Medium Medium Measurement Guidelines Support Cultural sector initiatives and relationships developed in stakeholders group meetings Encourage partnerships by promotion of opportunities to cultural sector groups through Cultural Directory eBiasts Development of a community event resource Tracking of related events and participation rates Development of City outreach program for community engagement similar to Destination Pickering 51 52 City of Pickering Cultural Strategic Plan 2014 Strategic Direction ,., -.. Develop and City Development Capital Budget implement a public art policy. Council program, and funding formula Establish Public Culture & Recreation Reserve Fund Art Reserve (new) Fund Council Develop City Development Staff Time connections with local colleges/ universities to foster arts education Encourage City Development Staff Time public art in appropriate private developments within the City Medium Medium Long Short Measurement Guidelines . . Adoption of policy/programs to include a contribution of 1% of all major municipal buildings and parks projects be dedicated to public art and will encourage the private sector through planning and site plan approvals to do the same Number of art installations Catalogue development Establish Public Art Reserve Fund to be used to purchase and/or commission public art for display in public spaces Development of courses/seminars/ information sessions Private contribution to public art in new development projects within identified areas 152 City of Pickering Cultural Strategic Plan 2014 153 Strategic Direction Use art to enhance existing public spaces, particularly within the City Centre Ensure the City plays a leadership role in addressing the need for a new performing arts or multi-purpose cultural facility in the City Centre City Development Engineering & Public Works City Development Culture & Recreation Staff Time Medium Current Budget Short ($30,000 additional) Measurement Guidelines Established Public Art Policy and Program The total number of public art commissions by the City and the total value of those public art commissions Complete Business Case for an Arts Centre in Pickering 53 City of Pickering Cultural Strategic Plan 2014 ... ----~---~-... --":"-......__ -------.... --..-~ ------------~...._ ~ -~-. ~-· Appe d" h ity Com • • Marisa Carpino-Director, Culture & Recreation M Kathy Williams-Director of Public Services, Pickering Public Library Catherine Rose-Chief Planner· Darrell Selsky-Manager, Capital Projects & Infrastructure Kim Thompson -Manager, By-law Enforcement Services Tanya Ryce -Supervisor, Cultural Services Arnold Mostert -Senior Coordinator, Landscape & Parks Development Catherine Hodge -Coordinator, Economic Development Michelle Pearce & Jesse St. Amant-Coordinator, Environmental Awareness Chantal Whitaker-Coordinator, Sustainability Melissa Markham-Principal Planner, Development Review Ashley Yearwood-Planner II s f " Even in this age of multiculturalism, the heritage of Pickering must include the fact of the churches' foundational presence in Pickering and its binding together of the community. " 54 Contributed by a member of Dunbarton-Fairport United Church 154 City of Pickering Cultural Strategic Plan 2014 pe e ol • m Cathy Grant -Chief Executive Officer, Pickering Public Library Cathy Schnippering & Mary Cook -Pine Ridge Arts Council Pamela Fusselli -formerly of Heritage Pickering John Sabean -Pickering Historical Society Kathy McKay -Ajax/Pickering Board of Trade · Laura Drake -Pickering Museum Village Advisory Committee Pat Dunn ill -formerly of the Pickering Museum Village Foundation Shashi Bhatia -Indo-Canadian Cultural Association of Durham 155 "·Without the maintenance of our history, we are a community without a past. It is critical for Pickering to ensure the further development of the Museum and the maintenance of the significant heritage homes, landscapes, cemeteries, archaeological sites and artefacts, stories and descriptions of who we were and what made us as a community. " Contributed by a member of Heritage Pickering 55 City of Pickering Cultural Strategic Plan 2014 --. . . ~. .. -. ---------------------. ---~ . 56 Appendi Organi a Comp Altona Forest Stewardship Committee Artists and Poets ltd. Backwoods Players Bayview Heights Public School c • 0 Bloomers & Britches Heritage Gardeners, Pickering Museum Village Canadian Multicultural Forum Canadian Progress Club -Durham South Central Lake Ontario Conservation Authority City of Pickering -Culture & Recreation City of Pickering -Engineering & Public Works City of Pickering -Municipal Operations City of Pickering-Operations & Facilities Claremont District and Community Association Community Development Council Durham Conseil Scolaire District Catholique Centre Sud -French Catholic School Board D. James Sculptor Dalebrook Neighbourhood Association Dunbarton High School Dunbarton-Fairport United Church Durham College Durham Mountain Biking Association Durham Radio Inc. Durham Region Branch Ontario Genealogical Society Durham West Arts Centre Foundation Entertainment Unlimited Fusion Art Ganadatsetiagon Public School Girls Incorporated of Durham Glengrove Public School Great Walls of Art 156 City of Pickering Cultural Strategic Plan 2014 ' '_._ I Heritage Pickering Hispanic-Canadian Alliance of Ontario Hurst Communications Indo-Canadian Cultural Association of Durham Jehovah's Witnesses L'Amicale du Centre Communautaire Francophone de Durham(ACCFD) Legend Music Enterprises Corp. Managhan Design Solutions Inc. Mary Cook Photography Muse on Design Muslim Youth & Community Centre for Pickering/Durham (MYCC) one twin design PAC 4 Teens Pickering Ajax Italian Social Club Pickering Community Concert Band Pickering Gas & Steam Club Pickering Horticultural Society Pickering Italian Senior Association Pickering Museum Village Pickering Museum Village Advisory Committee Pickering Museum Village Singers Pickering Potters Studio Pickering Public Library Pine Ridge Arts Council Pine Ridge Secondary School PMV Woodwrights Guild RAI Architect Inc. Rosebank Road Public School Rouge Valley Chapter lODE Royal Scottish Country Dance Society Sir John A. Macdonald Public School St. Isaac Jogues Parish -Roman Catholic Church St. John Ambulance St. Monica Catholic School St. Nedela Macedonian Orthodox Church Sunshine Publishing The Arms of Jesus Children's Mission Inc. The Conservation Foundation of Greater Toronto The County Town Singers The Driftwood Theatre Group The Woodwright's Guild 157 ---- 57 • --' ~ p ·w-• -.. --• City of Pickering Cultural Strategic Plan 2014 -~----·· -.... ,_ --~--........ ·~ .. ·-------~ -------·-.:--.................. ·--~-.. ,. ... """-· . _ _,...._.~. Toronto and Region Conservation Authority Toronto Scottish Country Dance Association UOIT -University of Ontario Institute of Technology Vaughan Willard Public School Vintage Victuals Westcreek Public School Young Singers Zahra's School of Middle Eastern Dance '' Working out of Pickering since I began over 15 years ago, I have seen the effect technology has had on musicians' ability to stay in the town they love with their families and still have the opportunity to have a global impact with their work. Just 15 years ago, there were no MP3 downloads, and largely no websites, so networking was really difficult with a small budget. .. The advent of new tools has made global marketing more affordable and in many cases possible where it was almost impossible back then ... With these advances, artists who are world-class, and often come from towns just like Pickering, no longer have to relocate to larger cities to have their music be made and heard, and that's a relief, because I never wanted to do that. ss Contributed by a member of Artists and Poets Ltd. " 158 City of Pickering Cultural Strategic Plan 2014 --~ -- II II p IC n • n I 0 June 27, 2012 Dr. Greg Baeker-Director, Cultural Development-Miller Dickinson Blais -Speaker Tony Prevedel -Chief Administrative Officer Tom Melymuk -Director, City Development Everett Buntsma -Director, Community Services Neil Carrol -Director, Planning & Development Bill Douglas-Fire Chief Debbie Shields -City Clerk Kathy Williams -Director of Public Services Steve Reynolds-Department Head, Culture & Recreation Jen Parent-Division Head, Human Resources Stan Karwowski-Treasurer Marisa Carpino-Director, Culture & Recreation Catherine Rose-Chief Planner Chantal Whitaker-Coordinator, Sustainability Katrina Pyke -Coordinator, Museum Operations Jody Morris-Supervisor, Facility Programs Ashley Yearwoo"d-Planner II 159 y 59 ------ City of Pickering Cultural Strategic Plan 2014 -'-~~ -~ ~ ~--~ -~ --~ -----. ---~ --~ --~ --~ -' . ---J Contents 1.1 Geography and Environment 1. 1.1 Petticoat Creek Watershed 1.1.2 Frenchman's Bay Watershed 1.1.3 Duffins Creek and Carruthers Creek Watershed 1.1.4 Lynde Creek Watershed 1.1.5 Community Environmental and Sustainability Initiatives 1.2 Pickering's Settlement Areas 1.2.1 Downtown and Urban Pickering 1.2.2 Rural Pickering 1.3 Pickering's History 1.4 Demographic Profile 1.5 Economy and Education 1.6 Natural, Recreational, Cultural, and Tourism Assets in Pickering 1.7 Pickering's Cultural Organizations 2.1 Community Telephone Survey 2.1.1 Household Survey Analysis s and Public Input 2.1.2 Household Participation in Heritage, Arts, and Culture Activities 2.1.3 Participation Location 2.1.4 Household Attendance at Heritage, Arts, and Culture Activities 2.1.5 Attendance Location 2.1.6 Desired Programs and Activities 2.1. 7 Awareness 2.1.8 Barriers to Participation 2.1 .9 Household Spending on Heritage, Arts, and Culture 4 5 7 7 9 .9 9 11 11 12 15 18 21 22 25 26 27 28 29 30 31 32 33 33 33 34 2.1.1 0 Satisfaction with and Importance of Current Heritage, Arts , and Culture Opportunities 35 2.1.11 Add itional Spending of Public Funds 37 2.1.12 Awareness and Roles of the City, Community, and Private Businesses 38 161 1 City of Pickering Cultural Strategic Plan 2014 2.2 Stakeholder Group Survey 2.2.1 Baseline Information 2.2.2 Assets 2.2.3 Human and Financial Resources 2.2.4 Organizational Matters 2.2.5 Personal Reflections 2.3 Interviews 2.3.1 Pickering Council 2.3.2 City of Pickering Senior Managers 2.4 Committee of Council Questionnaires 2.5 Focus Group Sessions 2.5.1 Youth 2.5.2 Seniors Appendix A: Personal Reflections from Survey Participants 41 44 48 50 51 56 57 57 59 61 63 63 64 66 I City of Pickering Cultural Strategic Plan 2014 This document incorporates the findings of the cultural mapping and community consultation exercises launched in support of the Pickering Cultural Strategic Plan. Pickering staff first gathered information from statistics, historical documents, and other sources to help define Pickering's cultural make-up, as well as its cultural and heritage assets. The public consultation component of the study included: • Online surveys for community cultural organizations, businesses, and individuals • A telephone survey to collect ideas from a random sample of Pickering residents • lntetviews to gain insight from all members of Council, the Chief Administrative Officer, and all department heads • Focus group sessions with youth and seniors in Pickering • Reg ular meetings of a Community Stakeholders Committee representing the heritage, arts, ethno-cultural, business, education, and environment sectors in Pickering This document contains only a fraction of the wealth of information available on City assets and initiatives. Further information on the environment, governance, cultural institutions, and Journey to Sustainability can be found on the City's website (pickering.ca). 163, 3 ,. ... . ~ ~ '-----_..__ . ...___. ___ -------------------·----.,.,-:-'7'---:- City of Pickering Culturat Strat~giF Plan ·2014 I.-~_L___ __ ..... --~-----•-·---~' ....._ ..... ~---~ ...... ---------------'~ -\. --- The Forest is also used as a living classroom. Each year hundreds of children have the opportunity to explore, study, and learn about our natural environment within this unique place . . 1. Fr nchma ' Bav Watershed The Frenchman's Bay watershed covers approximately 22.6 square kilometres. The majority of the watershed is urbanized, housing 63% of Pickering's population. This area comprises several natural features including creeks, an open-water bay, a barrier beach, open meadows, remnant woodlots, and several wetland areas. The bay is a shallow lagoon on the north shore of Lake Ontario, separated from the lake by a dramatic natural sand and gravel barrier beach, with a maintained navigational channel connecting to the lake. Four main tributaries (Amberlea, Dunbarton, Pine, and Krosno Creeks) feed the bay. Two areas in the watershed (Frenchman's Bay and Hydro Marsh) have been deemed provincially significant wetlands. These wetland areas are critical, since more than two-thirds of coastal wetlands in southern Ontario have been lost to development, dredging for harbours and marinas, or isolation from creeks and valley lands. 3 Coastal wetlands provide important natural linkages, breeding habitat and food for migrating birds, fish, and other wildlife. These wetlands also provide communities like Pickering with a wealth of natural and recreational resources that contribute to the overall health of the community. The Frenchman's Bay area is one of the most attractive and well-used areas of the waterfront in the eastern part of the GTA. This area is heavily urbanized, with 75% of the area occupied by residential and non-residential development and by utility and transportation uses. This multi-use area has local parks, beach areas, playgrounds, marinas, restaurants, spas and the WaterfrontTrail , and therefore is very popular for all ages. However, urbanization has also· negatively impacted the area. The natural ecosystem of Frenchman's Bay and its contributing watershed have been in decline over many years. The wetlands have been reduced in area and quality, as has the diversity of fauna and flora.4 Since 1972, channelization or culverts have modified more than 50% of the creel<s within the Frenchman's Bay watershed. Other natural areas affected by urbanization show signs of degradation with the establishment of invasive species, poor water quality, limited plant and wildlife diversity, erosion, and soil compaction. In 1997 a Mayor's Task Force was formed to examine how Pickering's waterfront could be enhanced in an environmentally sustainable manner. The Mayor's Task Force produced the Pickering Waterfront 2001 final report in June 1998. Since then, the City has established a Waterfront Coordinating Committee to assist the community in reaching its goals. In 2005, the stakeholders of Frenchman's Bay met to discuss future actions that should be taken to improve the Bay. From this, a Five-Year Implementation Plan was developed. This plan identified the following four priorities: Harbour Entrance Improvements; Waterfront Trail and Signage Project; Outreach, Ed ucation and Awareness; ~Environment Canada. on.ec.gc.ca/wildlife/factsheets 8 ~ MMM Group Limited. Stormwater Management Master Plan (draft), November 2007. 168 r ---. ...---.;----------------.. I City of Pickering Cultural Strategic Plan 2014 ' I I -• --I .o. .._ -- and a Stormwater Management Master Plan.5 The goal of the Stormwater Management Master Plan is to control the quality and quantity of storm runoff into local creeks and the Bay in order to improve the quality of the Frenchman's Bay environment. The Frenchman's Bay Watershed Rehabilitation Project (FBWRP) was established in 1998 to foster environmental change. FBWRP was a partnership of the TRCA, the City of Pickering, Ontario Power Generation (OPG), Pickering East Shore Community Association, and various financial sponsors. The FBWRP later became a model for other TRCA stewardship programs. In fact, OPG was recognized by the International Wildlife Habitat Council for its work in this area. FBWRP played an important part in delivering hands-on environmental opportunities for the community of Pickering while enhancing the natural features found within the Frenchman's Bay watershed. Over the course of nine years, the FBWRP has provided many events through four programs: Hands on the Earth Program (HOEP), Natural Alternative Prog ram, Volunteer Environmental Watch (VEW), and West Shore Habitat Initiative. They engaged 13,000 volunteers in over 450 events, planted 24,000 native plants, installed 500 wildlife habitat structures, distributed 300 rain barrels, and collected hundreds of bags of litter. The FBWRP has now evolved into Environmental Steward ship Pickering. ·1.1.5 Duffins Cr e and Carruthers Creek Wa rsheds The Duffins Creek and Carruthers Creek watersheds are among the healthiest in the GTA. The headwaters of Duffins Creek are on Oak Ridges Moraine. This area is very rich in species diversity and includes large tracts of natural forests and wetland habitats. The middle section of the watershed is predominately rural yet this is rapidly changing to country residential and suburban land uses with pockets of commercial development. From Taunton Road in Pickering to the Duffins Creek Marshland to Lake Ontario, the southern reaches of the watershed are urbanized, consisting of mixed uses and commercial co rridors.6 The headwaters of Carruthers Creek are found near the community of Mount Zion. While the upper portion is agri cultural, similar to Du'ffins Creel< encroachment from suburban areas is beginning to impact this landscape.7 Various stewardship programs have taken place to further support the health of this area including education initiatives in the Claremont Field Centre, Watershed on Wheels, family nature events, tree planting and the five-year Atlantic Salmon Release program. sToronto and Region Conservation Authority. Frenchman's Bay Harbour Entrance Project Proposal. October 2008. 6 Toronto and Region Conservation Authority. Duffins Creek State of the Watershed Report, June 2002. 7 Toronto and Region Conservation Authority. Carruthers Creek State of the Watershed Report, June 2002. 169 9 ----------------~----------------~ .. ---.---~ C~ty of Pickering C~ltu~~l ~tra~eg~c ~l~n ~014 ·I ~--------~--·--~~~.-~-.. • . .....:...~ ... l.J.,.._ __ ~~-----.., ___ ... ,_.~~--------· --___J . 1.6 Lynde Creelt Wate he Lynde Creek's headwaters are in the Oal< Ridges Moraine and the creek drains into Lal<e Ontario through Lynde Creek Marsh. At this time, the landscape of the Lynde watershed in Pickering is dominated by farmlands south of the Oak Ridges Moraine. The hamlet of Kinsale is within this watershed. 6 1.1. Co mu ity nviroa me tal and Sus ainability Initiatives The City of Pickering is committed to an environmentally, economically, and socially sustainable community. The Sustainable Pickering section of the municipal website (http://www.pickering.ca/ en/sustainablepickering.asp) contains information on the City's environmental initiatives and an indicators documents, issued periodically, to report on progress towards the City's sustainability goals. Pickering's efforts to promote sustainability include initiatives to • improve air and water quality in the City • encourage community beautification and clean-up efforts • divert waste from landfills • conserve energy and water We know that the activities of the City of Pickering and all of those who live, work, and play in this community have an impact on our local, regional, and global environment. These positive and negative impacts, in turn affect us, our children, and future generations. Whether the issue is local or global, ultimately, doing nothing has never been an option for Picl<ering's Council, staff, partners, or residents. Our community showcases itself through its commitment to volunteer, advocate, learn, and teach others that part of Pickering's cu lture is connected to our desire to leave a positive legacy. 10 8 Ce ntral Lake Conservation Authority. Lynde Creek Watershed Existing Conditions Report, June 2008. 170 - City of Pickering Cultural Strategic Plan 2014 ---_..._._--~----1· -----· 1.2 Pickering's Settlement Areas 1.2.1 Downtown and Urban Pickering "Downtown Pickering" has been designated an "Urban Growth Centre" through the Province of Ontario's "Places to Grow Plan." This designation recognizes the current function of Pickering's "City Centre" (as we refer to it now) as a hub for employment, shopping, living, recreation, and entertainment. The Places to Grow Plan encourages significant intensification of Growth Centres in the future, targeting a minimum of 200 residents and jobs combined per hectare. The City Centre today is anchored by the Pickering Civic Precinct (City Hall, Main Central Library, Esplanade Park, and the Pickering Recreation Complex), and the Pickering Town Centre (an approximate 1 million square foot regional shopping centre supporting over 200 stores and services). Approximately 5,000 people live in the City Centre today, and 5,000 people are currently employed here. The City of Pickering has created a vision for redevelopment and intensification of the City Centre by employing the principles of "Sustainable Placemaking" -creating "people-places" through strong urban design, community collaboration, and public programming to create a place that: • embraces sustainable development practices and technologies • celebrates our past, diversity, and uniqLie local talents • serves the needs and desires of our residents and visitors • attracts investment to ensure local employment opportunities and a prosperous future The vision complements the Cultural Strategic Plan in a number of ways. The policies to implement the vision support cooperation between Council and arts and cultural organizations to locate and develop an arts centre in proximity to other civic and community facilities, support a new senior 171 11 .,. . • ----... -;-• .... ..·1• City of Pickering Cultural Strategic Plan 2014 --. . . -.----..._ . ... ..-""""' Rural Clusters: Rural Clusters are non-farm-related residential lots usually along or beside an existing road, with some additional community, cultural, or recreation uses. Expansions to existing clusters are minimal and limited to the existing cluster boundary. Country Residential: These areas are typically large-lot residential subdivisions on an internal road. These areas are not intended for growth outside the registered subdivision boundary. Areas affected by the Greenbelt Plan and the Oak Ridges Moraine Plan may not add any new developments of this type. Even though settlement areas such as Barclay Estates, Birchwood Estates, and Forest Creek Estates are situated within the Greenbelt, their applications to develop residential subdivisions have been "grandfathered" since the applications were completed before the Greenbelt Act was passed in 2005. -----··------------·-~ -----.-------~---------.. ----.. --... _---~~---.. --_....,... ' , . : ¢~~y of Pic~ering Cultural Strategic ~lan 2014 ........ ~-------~~~---------~----~~~- Cherrywood: Early settler John McCreight settled here (1834) and named the area. Designated buildings include the John Petty house and blacksmith shop. The brick kiln manufactured bricks and tiles. Evidence of the blacksmith's shop remains at the southwest corner of the Third Concession Road and Rosebanl< Road and is a designated heritage property. The former place of worship on the north side of the Third Concession Road west of Rosebanl< Road is made of bricks from the original brick yard. In Cherrywood, a general store remains; buildings associated with the former place of worship remain but are closed and a newer school building has been converted to a place of worship. Claremont: Settled in the 1820s, Claremont was originally called Noble's Corners after early merchant Thomas Noble. The name was changed to Claremont with the coming of the post office. Claremont is the birthplace of Tom Thomson of the Group of Seven. Green River: C.L. Burton grew up in Green River. His father ran the general store in Green River (now a used book store). Settled in the 1840s and known then as "Smithville" after the owner of the mill, the village was busy with community facilities by the late 1880s. The town is located at the beginning of the Seaton Hiking TraiL Greenwood: First called Norwood, the village became Greenwood after Fred Green bought and operated a mill there. Frederic!< (Squire) Green then added another mill, a creamery, and was a justice of the peace. Early township meetings for Pickering and Whitby were held in Greenwood in 1801 . The earliest settlers came mostly from Yorkshire and Northern Ireland. John Diefenbaker attended school at Greenwood when his father was the school master at S.S. # 9. Kinsale: The earliest settler in this hamlet was Wing Rogers. His home still stands on Highway 7, but may be demolished for the expansion of Highway 407. Wing Rogers was related to Timothy Rogers who was a first settler in Pickering Township with his large group of Quakers. Kinsale School still stands, but has been transformed into a large daycare centre. Whitevale: This is a Heritage Conservation District. John Major settled and built the first mill here in the 1820s. The community was first called Majorville. Donald McPhee opened a hotel in 1855. TP. White later built a grist mill, and further developed the community. The first post office was called Whitevale. The old mill pond, located north of the Hamlet, is now a regionally significant wetland. Former mill buildings remain along Whitevale Road. In the late 1800s, Pickering's population suffered a decline due to the decrease in wheat and lumber prices, as the importance of Frenchman's Bay as a major harbour also declined. It was not until 1952 that Pickering's population regained the same level it had had in 1860.13 At the same time, with the expansion of population growth stemming from the City of Toronto came the construction of summer cottages at the end of the 191h century, many of which were eventually converted into year-round residences. Residential development became more prominent along roads such as Fairport Road, Rosebank Road, and Woodview Avenue. 16 n City of Pickering, Official Plan-Edition 5, Page 5 176 i .... ~... . . '~ -. -- City of Pickering Cultural Strategic Plan 2014 . . -. . . -----~ --.-' -. -" .~_· In 2011 , more than 35% of Pickering's population belonged to a visible minority. Pickering's visible minority is made up of a multitude of nationalities; according to Statistics Canada, the top 5 include: • Black 11.4% • South Asian 11 % • Filipino 3.3% • Chinese 2.3% • Arab 0.9% Pickering's population also includes approximately 850 people who identify themselves as part of the Aboriginal population. Although 74.6% of Pickering's population has English as a mother tongue, Pickering is becoming more diverse, with residents using other languages in their home. More than 24% of Pickering's population speaks a language other than English or French at home. Between 1991 and 2011 , more than 21% of new immigrants within Durham Region have called Pickering home. The City of Pickering ranked second in Durham Region with approximately 10,000 people (or 11.3%) of Pickering's population having obtained immigrant status within the City of Pickering. -- City of Pickering Cultural Strategic Plan 2014 Table 2: Ethno Clusters (Based on 2006 Census) 26,685 1,025 1,680 1,990 2,540 2,450 1,935 1,725 970 1,485 1,075 4,320 1,215 2,795 1,800 110 185 205 180 115 315 80 30 25 100 225 85 60 7,940 305 410 685 795 950 650 590 170 225 145 1555 240 825 8,845 205 570 525 645 855 525 485 440 820 505 1280 380 1,095 2,715 215 65 55 410 185 110 320 215 110 155 300 45 335 655 35 80 15 85 75 so 25 10 50 30 50 45 75 310 0 0 45 55 10 25 0 0 30 0 40 0 80 610 20 75 60 75 0 0 25 15 35 35 80 75 75 800 25 55 30 35 60 20 20 0 75 0 320 30 45 310 0 0 45 0 45 0 30 0 0 0 0 140 25 375 0 15 25 30 30 95 40 0 50 0 20 40 15 1,040 30 155 140 65 40 35 80 20 20 55 180 65 70 1,275 70 75 150 175 70 95 25 55 40 50 275 60 80 60,675 4,775 3,610 3,640 3,760 ,385 5,270 5,220 2,300 2,065 2,935 3,635 3,575 2,605 Overall , Pickering's largest visible minority is Black Canadian, followed closely by South Asian. There is a significant gap between these two groups and the next largest minorities which are Filipino and Chinese. In terms of geographic clustering , tract #804.09 seems to comprise the largest percentage of ethnic groups. In fact, in this tract, as well as tract 804.11, visible minorities together form the majority of the population. Both tracts represent the Village East/Brock Ridge Duffin Heights Neighbourhoods of the City of Pickering. Tracts 803.05 and .06 have the next highest concentrations of ethnic minorities. These are east central tracts (Woodlands and Amberlea Neighbourhood). North and South Pickering tracts have not been included here, as these represent a significantly 20 lower proportion of ethnic minorities. 180 --. -.: City of Pickering Cultural Strategic Plan 2014 1 • I -.. ---~-·· __ ...... .... -~ ...... 1.5 Economy and Education In addition to competitive tax rates and a multi-talented and well-educated labour force, Pickering offers the lowest employment land costs of any municipality bordering Toronto. The City is recognized as one of the top 10 places in Canada to start and grow a business and is home to more than 3, 000 businesses that employ about 31,000 people. The City's commitment to helping businesses succeed is reflected in the number of firms that have chosen to call Pickering home. In the last 10 years, app roximately 2 million square feet of new industrial and commercial space has been constructed. Pickering is a leading centre for energy in Ontario. Its core business sectors include Energy, Environment, and Engineering (EN3 Cluster). It is home to Ontario Power Generation (OPG), the City's largest employer and one of the largest electricity producers in North America, Eco-Tee, Black & McDonald, Tetra Tech, Trench Canada Ltd., Aecon, and lntellimeter. Other important industries and sectors include advanced manufacturing, logistics, pharmaceuticals, electronics, and consulting. The wind turbine located on Pickering's waterfront is the largest in North America. It is an example of OPG and the City's commitment to green energy alternatives. The University of Ontario Institute of Technology (UOIT), Ontario's first "laptop university," is located in Durham Region. Its Energy Systems Engineering program focuses on tomorrow's energy systems and is the first of its kind in Canada. Together with Durham College, UOIT is committed to enhancing the skills of our local business community. In partnership with Centennial College, Durham College opened the Pickering Learning Site in 2012. 181 21 22 1.6 Natural, Recreational, Cultural, and Tourism Assets in Pickering Pickering has a range of natural, recreational, heritage, arts, and cultural attractions for residents and visitors. • Frenchman's Bay is a shallow coastal lagoon on the Lake Ontari o shoreline, protected by a barrier beach that is well used by residents and visitors for walking, boating and fishing . • The Waterfront Trail: Pickering's Waterfront Trail is a scenic haven for cycling, in-line skating, and leisurely strolls. • Altona Forest is an environmentally significant area that provides essential habitat for many plants and animals and is used for hiking, bird watching , wildlife photography, and educational interpretative walks. • The Seaton Trail is located along the West Duffins Creek and follows historic hunting and fishing routes on the creek. The trail passes heritage buildings from Pickering's pioneer days, such as the grist mill at Whitevale. • Petticoat Creek Conservation Area on the shores of Lake Ontario offers spectacular views of the coastal bluffs, and opportunities to see wildlife and enjoy picnics and walks in a 70-hectare park. The 35-year-old swimming pool, one of Petticoat Creek's main attractions, was recently reconstructed to a new aquatic entertainment facility. The new facility includes a 3 ,200 square metre wading pool, a 750 person capacity swimming area, and a splash pad with interactive water features. • Greenwood Conservation Area on Duffins Creek is managed by the Toronto and Region Conservation Authority and open to the public for hiking, cross-country skiing, fishing , and bird watching. 182 ----------------------, City of Pickering Cultural Strategic Plan 20.1~ '------._:._---=---""--~ -----~--~-~ -"----------~~-~ ----_ ------"--~ • Claremont Field Centre is located on the banks of the Duffins Creek East and Mitchell Creek and is on the Trans Canada Trail. The Centre is managed by the Toronto and Region Conservation Authority. Outdoor education programs are offered for school, Scouts, Guides, and other groups. • Diana Princess of Wales Park is a well-used park on the east edge of the City Centre that offers a ball hockey rink, basketball court, mini soccer pitch, skateboard park, soccer football field, tot equipment, and volley ball court. • Millennium Square is a large public square at the southern tip of Liverpool Road, on the shores of Lake Ontario. From the Square visitors can access the Waterfront Trail system, or picnic at the adjacent Beachfront Park. Events such as concerts are often held here in summer. • Beachfront Park, south of Hydro Marsh, offers an elevated beachfront boardwalk, beautiful views across Lake Ontario, generous seating and picnicking areas. In addition to the beach, children can enjoy the recently constructed splash pad play area, modern accessible play structures, swings, and beach volleyball. • Alex Robertson Park, home to the popular art installation "Homeplace," and the newly created Butterfly Garden. Alex Robertson Park includes hiking and running trails and is popular with cricketers, dog walkers, cyclists, and hikers on the Waterfront Trail. • Homeplace, located on the north side of Alex Robertson Park, is a structural design by Canadian artist, Dorsey James, which was installed in 2001. The different designs of the structure symbolize a variety of periods, cultures, and beliefs. The most recognizable is the hydro pole arrangement atop the hill. The poles grow in height toward the centre, acknowledging individual growth as well as the growth, evolution, and prosperity of the community. • The Nautical Village is a community of residences, shops, services, and marinas, including live/ work opportunities, on the edge of Lake Ontario, near Millennium Square. • Frenchman's Bay Marina was established on the north shore of Lake Ontario in Frenchman's Bay during the summer of 1972. The Marina is one of the largest in Ontario and serves several hundred boating customers. • The Wind Turbine: This 117-metre turbine (measured from the ground to the highest blade tip) can produce enough emission-free energy to supply the annual electricity needs of about 600 average Ontario homes. • Pickering Museum Village is located on the banl<s of Duffins Creek in historic Greenwood. The largest living history museum in the Durham Region, this award-winning site has 19 restored heritage buildings dating from as far back as 1810, including a blacksmith and woodworking shop, a general store, a schoolhouse, houses, barns, and places of worship. Tours at PMV re-create the daily life of Pickering Township's settlers from the early pioneer days onward_ 183 23 City of Pickering Cultural Strategic Plan 2014 " Whitevale Village Conservation District contains more than 50 buildings dating from the 191h century, which are listed on a heritage inventory. The district is located on West Duffins Creek and retains traces of its past as an important rural centre and mill site. • Heritage properties listed on Pickering's Cultural Directory range from Victorian schoolhouses to unique modernist properties to historic cemeteries. • The Pickering Town Centre Farmers' Market was started in 2011, and was designed to be a comprehensive community event to feature local farmers and food producers, support local food banks, and showcase local artisans, craft workers, and musicians. • Pickering Recreation Complex, a nationally accredited fitness centre in the heart of Pickering, offers world-class training to athletes such as Olympian Perdita Felicien. The Complex will celebrate its 301h anniversary in 2013. It offers more than a quarter-of-a-million square feet of facility space and top-of-the-line cardia and fitness equipment, twin ice pads, and programs for all ages and abi lities, including fitness, aquatics, tennis, squash, and racquetball. • Durham West Arts Centre in the Pickering Recreation Complex showcases local, national, and international talents, ranging from visual to performing arts. • Pickering Public Library: Pickering has one central public library a~d three branches. A Central Library Expansion and Renovation Study was completed with stakeholder and community input in 2012. The Library's current Strategic Plan is moving services away from a more traditional model of providing physical materials to providing access to technology and training to produce creative and intellectual products. • Shopping and Dining: The Pickering Town Centre offers more than 200 stores, restaurants, and services. Pickering is also home to a SmartCentre, the shops at Pineridge, the Pickering Markets, and many stand-alone shops and restaurants. - City of Pickering Cultural Strategic Plan 2014 . . 1. 7 Pickering's Cultural Organizations Pickering's Culture & Recreation Department offers thousands of programs each year, promoted through the City of Pickering Leisure Guide. Programs include culinary arts, visual arts, performing arts, language, and heritage programs (offered by the Pickering Museum Village). The Division coordinates many free events, including Theatre in the Park, Waterfront Concert Series, Treble in the Park, Heritage Day, Artfest, Spirit Walk, Steam Up & Opening, The Settler Trail, and Christmas in the Village. The stakeholder survey completed for this plan identified 79 other cultural organizations in Pickering , listed in Section 2.2. These include schools, places of worship, ethnocultural groups, businesses focused on the arts, recreational organizations, and environmental groups. 185 25 --4 -4-~------_...,.__. 4 -_4 _______ 4___ ----·----·--4~· City of Pickering Cultural Strategic Plan 2014 -. ---~-~----_____ ....:..... __ -·--------------·---~~ ~----~------------------------- 32 The top three most-attended facilities, events, or performances were: community events (e.g., Canada Day, Santa Claus Parade, RibFest, etc.) (65%); a musical performance, such as a concert or opera (57%); and a dance performance, such as a recital (54%). • • te da ce loca ion To better understand why residents travel outside Pickering for these activities, respondents were asked which activities they or members of their household visit/attend outside of the City and why. Five of the eight activities had higher attendance levels outside Pickering than in Pickering, suggesting that while people prefer to participate close to home, they are more willing to travel for events they attend. The most frequent responses were: a theatrical performance, such as a play but excluding movies (72%); a musical performance, such as a concert or opera (70%); an art gallery or art exhibit (64%); and a museum or historic site (62%). The most common reasons given for attending these facilities, events, or performances outside Pickering were: facility/program not available in the area (34% of those going outside Pickering); quality of facility/program is superior (17%); and special events/variety (16%). Many of these activities would appear to be special events (e.g., plays, concerts, exhibits, etc.) that have limited engagements in Toronto and surrounding areas, most of which are not commonly provided in a community the size of Pickering. Households with ch ildren were more likely to attend community events (e.g., Canada Day, Santa Claus Parade, RibFest, etc.) and a dance performance, such as a recital, than households without children. • Households reporting annual income over $80,000 were more likely to have visited a museum or historic site or an art gallery or art exhibit in Pickering than households reporting annual income under $80,000, but households reporting the higher income were more likely to attend these cultural facilities outside Pickering. • Households north of Finch Avenue were more likely to have attended a dance performance, such as a recital or a literary event or educational lecture that was not part of one's school requirements in Pickering while households between Highway 401 and Finch Avenue were more likely to participate in these activities outside Pickering. 192 City-of ;i~k-ering C~ltur~l Strategic P-lan . -----2~1~--1, . 1 .. 6 Desired Pro ams a d ctivities To assess latent demand for programs not offered in Pickering, respondents were asked whether there were any heritage, arts, and culture programs or activities that would be of interest to their households. 20% of respondents identified potential gaps in heritage, arts , and culture programming and events; the most common requests were concerts/musical performances, theatre/plays, art exhibits/displays & galleries, educational programs,· and ethnicfmulti-cultural festivals and events. Households that spent $50 or more per month on heritage, arts, and cu lture were more likely to state that there are programs or activities they would like to s~e offered that are not currently available in Pickering (top four responses were: concerts/musical performances; theatre/plays; art exhibits/ displays & galleries; and educational programs) compared with households that spent less than $50 per month . . 1 .. 7 Awa .ness When asked the best way for the City to inform households about heritage, arts, and culture programs and activities in Pickering, the most common responses were: newspaper (42% of all households); mail (21%); email (13%); newsletterfmagazines (12%); and bulletin boards/posters/ flyers (12%). Other responses (each receiving 9% or less of the total responses) included radio/ television, City's leisure guide, school notices, word of mouth, library, telephone, at events, and booklets. 2... . at riers to ar ici a ion Respondents were asked about whether they were able to participate in heritage, arts, and culture activities as often as they would like. 61% of respondents stated that they were able to participate as often as they would like, while 37% stated that they were not. The most common reason given for not participating as often as they would like was lack of personal time or too busy (59%), followed by health problems or disability and age (16%), and lack of desired facilities or programs (8%). In the following chart, all percentages refer to the subset that could not participate as often as they would like. 193 . 33 --'1 City of Pickering Cultural Strategic Plan 2014 -' . -.j 2.2 Stakeholder Group Survey A stakeholder group survey was created to gather information from community groups regarding: • Organization type, mandate, and roles • Participation trends, membership, and programming • Facility usage, ownership, and collections • Requirements, needed supports, and future roles • Human resources, volunteers, and partnerships • Expenditures, revenues, and funding • Challenges, barriers, and potential solutions • Personal reflections The intent of the survey was to assist with the development of the City of Pickering's Cultural Strategic Plan, as well as a cultural mapping initiative. Groups that were sent the survey were known to provide or use services in the following areas: 201 • cultural assets (e.g., art galleries, archives, libraries, museums, performing arts centre, places of worship, etc.) • not-for-profit org anizations (e.g., historical societies, visual arts groups, multi-cultural groups, Arts Councils, etc.) • creative industry and cultural business (e.g., architects, bookstores, commercial galleries, designers, dinner theatres, film production, performing arts schools/studios, etc.) 41 City of Pickering Cultural Strategic Plan 2014 • cultural heritage (e.g., cemeteries, heritage districts, living history sites, etc.) • natural heritage (e.g ., walking trails, public parks, conservation areas, wildlife sanctuaries, bays/lakes/waterways, etc.) Stakeholder groups (including individual artisans) were identified by City staff and the Project Team using several databases, supplemented by the diverse experience of the Project Team. Several hundred groups were sent an introduction letter and instructions to complete the survey, which was available online, by email, and in hard copy. To ensure a wide distribution, groups were also encouraged to pass the survey on to others involved in the heritage, arts, and cultural sector. The City made repeated attempts to encourage groups to complete the survey. A total of 79 organizations completed the surveys between January and March 2010. The survey contained 34 primary questions (some containing multiple queries), but not all were applicable to every group; therefore, the responses show a degree of non-participation for several questions. The wide range of organizations and their associated responses, combined with the non-random and self-administered nature of the survey, means that the analysis is not statistically-significant. As a result, the survey cannot be analyzed in the same manner as the household survey; rather a high level summary is provided on the following pages. The summary is divided into six parts to coincide with the structure of the survey. In interpreting the results, it is important to note that the activities of some organizations are entirely within the heritage, arts, and cultural sector, while some organizations have a wider mandate. City of Pickering Cultural Strategic Plan 2014 . ---. -. . ., , A Table 4: List of Organizations Coml>feting the Survey Altona Forest Stewardship Committee Artists and Poets Ltd. Backwoods Players Bayview Heights Public School Bloomers & Britches Heritage Gardeners, Pickering Museum Village Canadian Multicultural Forum Canadian Progress Club-Durham South Central Lake Ontario Conservation City of Pickering -Culture & Recreation City of Pickering-Engineering Services Division City of Pickering -Municipal Operations City of Pickering -Operations & Facilities Claremont District and Community Association Community Development Council Durham Conseil Scolaire District Catholique Centre Sud -French Catholic School Board D. James Sculptor Dalebrook Neighbourhood Association Dunbarton High School Dunbarton-Fairport United Church Durham College Durham Mountain Biking Association Durham Radio Inc. 203 Durham Region Branch Ontario Genealogical Society Durham West Arts Centre Foundation Entertainment Unlimited Fusion Art Ganadatsetiagon Public School Girls Incorporated of Durham Glengrove Public School Great Walls of Art Heritage Pickering Hispanic-Canadian Alliance of Ontario Hurst Communications Indo-Canadian Cultural Association of Durham Jehovah's Witnesses L'Amicale du Centre Communautaire Francophone de Durham(ACCFD) Legend Music Enterprises Corp. Managhan Design Solutions Inc. Mary Cook Photography Muse on Design Muslim Youth & Community Centre for Pickering/Durham (MYCC) One twin design PAC 4 Teens Pickering Ajax Italian Social Club Pickering Community Concert Band Pickering Gas & Steam Club Pickering Horticultural Society Pickering Italian senior Association Pickering Museum Village Pickering Museum Village Advisory Committee Pickering Museum Village Singers Pickering Potters Studio Pickering Public Library Pine Ridge Arts Council Pine Ridge Secondary School PMV Woodwrights Guild RAI Architect Inc. Rosebank Road Public school Rouge Valley Chapter lODE Royal Scottish Country Dance Society Sir John A. Macdonald Public School St. Isaac Jogues Parish -Roman Catholic Church St. John Ambulance St. Monica Catholic School St. Nedela Macedonian Orthodox Church Sunshine Publishing The Arms of Jesus Children's Mission Inc. The Conservation Foundation of Greater Toronto The County Town Singers The Driftwood Theatre Group The Woodwrights' Guild Toronto and Region Conservation Authority Toronto Scottish Country Dance Association UOIT-University of Ontario Institute of Technology Vaughan Willard Public School Vintage Victuals Westcreek Public School Young Singers Zahra's School of Middle Eastern Dance 43 -----.;!"" --~--· ~------=-=-----------------------..... • --.-' City of Pickering C!Jitur~l ~trategic Plan ~014 ----....................... . ~----~-------...--.-.....~~ -"""~ ................. ~ 56 As a follow-up question, respondents were asked how best gaps and barriers can be mitigated; examples included: • Provision of new facilities • Increased government interest in the arts • Increased heritage, arts, and culture-specific staffing • Partnerships (formal, informal, in-kind, etc.) • Strategic Plan as the first step • Community participation in goal-setting and planning • More media promotion • Development charges and tax relief for heritage maintenance and protection efforts • Website improvements • Stronger link between schools and the community • Increased marketing 2.2.5 Personal Reflections Respondents were asked to provide any images, short stories, traditions, quotes, unique points of view or additional comments that define their experiences in the heritage, arts, and culture sector. 31 respondents (39%) provided feedback. Full responses are available in Appendix A. 216 . . - City of Pickering Cultural Strategic Plan 2014 -• ... • ~--.A.f -· -· • • • • ---· ---• -- 2.3 Interviews In May and June 2011, interviews were conducted with individual members of Pickering Council and senior management staff with the City of Pickering. The interview questions were designed to identify their perspective on the value of cultural planning, the strengths, and opportunities to be explored in Pickering's cultural plan, the role the municipality must play to develop and implement a cultural plan, and the resources that must be assigned in order to achieve its goals. 2.3.1 Pickering Council All participating council members felt that Cultural Strategic Planning is very important to the City of Pickering. Members felt that cultural planning will identify and support Pickering's unique character and can be recognized and celebrated by residents and visitor~ alike. Some members felt that a better balance must be found between Pickering's recreational opportunities and cultural pursuits- more was needed on the cu ltural side to bring the two into a better balance. Others felt that cultural planning will position Pickering as a destination of choice for newcomers, which will positively contribute to the community. All members agreed that the completion of a Cultural Plan will allow council, staff, and the community to have a voice and contribute to the development of a common vision and to identify objectives with timeframe and budget and assign r.esponsibility so programs can be developed and measured. Many members of council felt that a cultural plan will allow the municipality to provide a clear vision to those building in our community. 217 57 ----.-- City of Pickering Cull ural Stralegic Plan 2014 . . ' . . ---·· ---• --~-~""----~_cb_ _ _d' ___ -______ ~------.-_,, ~ ~----=-----_.II 58 When asked to identify the strengths of Pickering's current cultural community, the most common response was Pickering's diversity. Members felt that the municipality's diverse demographic make- up was a strength that should be developed and nurtured. Some members also felt that Pid<ering has rich cu ltural history and a strong arts presence. In all cases, members felt that Pickering has a lot of support and engagement from community organizations and residents which should be built upon within the cultural strategic plan. Pickering Council members identified a variety of opportunities that should be included in the Cultural Strategic Plan. The most commonly reported opportunity was Pickering's City Centre and the need for more commercial and residential development there. This mix will bring people together and develop a sense of a community. The City Centre must offer a range of activities and amenities and be supported by infrastructure (such as the new pedestrian bridge and improved transit) to facilitate interaction. Council members fe lt that Plckering's City Centre must include its own cultural assets, because there is a perceived divide between the cultural features available in the north and those avail able in the south. In order to better link the two, one member of council recommended that a Pickering Museum Village Visitors' Centre be developed to attract visitors to learn about Pickering's history. Another recommendation was to develop heritage tours to make the heritage sites more accessible and celebrated. Many members of council felt that a gap in the current delivery of cultural services and facilities was Art Facilities (performing arts, visual arts, art studios, meeting spaces, etc.). Pickering's City Centre was identified as the ideal location for an Arts Centre and so a strategic use of municipal and provincial lands in the downtown core must be considered. Members felt that the City must have a clear direction on what facilities are needed and how lands will be used in order to accommodate those needs. Seaton development will move ahead and the City must decide if Seaton will become the new city centre, or if the city centre will remain in its current location, and allocate funding and facilities accordingly. The Seaton development must provide connectivity among neighbourhoods, walkways, pathways, roadways. The widening of 407 will allow the commercial and industrial development of lands. The municipality must once again determine allocation of muni cipal lands and exercise policies accordingly. In this way, the cultural strategic planning exercise will allow for decisions to be made for long-term sustainable growth and development. 218 . - City of Pickering Cultural Strategic Plan 2014 --. . -------_-___ ··-_· ___ -. ----_-_-__ -----~ All members of Council felt that culture should be a high priority of the City of Pickering, but recognize it is not, as is evident in current budgets, facilities, and staff allocations. Many felt that active recreation holds a greater priority compared with the heritage, arts, and culture. But members also acknowledge that as diversity continues to grow, the cu ltural services will become increasingly important. Partnerships were identified as an important part of cultural planning· and growth. Many felt that working with private business can provide support for faci lities. The community should also be engaged to provide services. The municipality should avoid duplicating services offered at the regional level and should work with the Region of Durham on cultural matters. Some members of council suggested that 2% of total tax base be assigned to U1e delivery of cultural ser-Vices_ A cul~ural strategic plan with contributions from residents, council, and staff was recommended as a way to ensure the objectives of the strategic plan are met. 2.3.2 Ci y of Picke "ing ~en lor Managers Seven City of Pickering senior managers participated in the interviews: the CAO; Director, Office of Sustainability; Director, Community Services; Director, Planning & Development; Director, Corporate Services & Treasurer; CEO, Pickering Public Library; and Division Head, Culture & Recreation. Once again, all participants identified that cultural strategic planning is very important to the City of Pickering. Staff felt that culture is an important part of the fabric of every community. Pickering's cultural identity is what is going to make this community unique and special. Cultural vibrancy will attract members of the creative class, who have come to expect community vitality. Staff felt the exercise of identifying our cultural assets and assigning resources to specific objectives is a worthwhile project that will contribute to our sustainable growth. Staff all agree that the plan will need to tie into the City's corporate priorities, ensure sustainable placemaking, and make connections between our built and natural cultural assets. Staff also felt it is an important exercise so they can agree on culture as a priority and understand everyone's role and responsibility to execute the plan. In this way, staff roles are assigned, funding sources are determined, timelines are identified , and outcomes are measured. Similarly, in this way, residents, groups, and businesses can readily see the City's position and help people participate in the process. The diversity of its people was once again recognized as a strength of Pickering's cu ltural community. Staff also recognize and value the engagement of our residents and community organizations as a major strength. The plan needs to capture this spirit of community engagement and harness this volunteer enthusiasm. Also recognized as a strength is Pickering's unique cultural assets, such as the waterfront and the Pickering Museum Village. 219 59 . . - City of Pickering Cultural Strategic Plan 2014 -. -. ' Committee of Council Questionnaires In June 2011, Pickering staff invited various committees of Council to participate in a questionnaire related to the cultural plan. The committees included Heritage Pickering, Pickering Museum Vi ll age Advisory Committee, and the Accessibility Advisory Committee. Four completed surveys were returned to staff. The questionnaire was similar to that used for Pickering Council and Pickering staff. The questions were designed to determine the respondents perspective on the value of cultural planning, the strengths and opportunities to be explored in Pickering's plan, the role the municipality must play to develop and implement a cu ltural plan ; and the resources that must be assigned in order to achieve its goals. Respondents listed several benefits to completing a cultural strategic plan that includes the breakdown of silos and collaboration within the municipality and other organizations, the forward thinking of a municipality to develop strategies to achieve a vision and not become reactionary to issues coming up along the way. This also reduces the stress fn making decisions and ensures the vision and strategic direction are always considered. Other respondents felt that residents and visitors can remain in Pickering to participate in culture rather than travelling outside the City which would result in a greater economic return to the municipality. In terms of Pickering's cultural strengths, respondents indicated that Pickering's diverse community, parks, waterfront, museum, and library are all invaluable. Respondents suggest that more be done to promote and support these pillars of the community. This includes better access to the waterfront, more programs at the Recreation Centre, increased park safety, and development of the arts through an arts centre, better collaboration and communication among like-minded groups (i.e., Heritage Pickering, Pickering Museum Village, Pickering Historical Society, Library) and the creation of an economic plan to support tourism. on·e respondent also recommend increased support and funding for Pickering heritage so that a specific staff is responsible for heritage matters. 221 61 I • #'" ' ' .,. • -. ~--• .----_, -~·""' • ... City of Pickering Cultural Stra~egic Plan 2014 1 .._ ·"----. . ~---..::~--__:___ _.,..,~.... .~~....._~~ _ ... _.._......_ ... ~~ ........... ----~~......_,__-.......... ---·--~ Respondents also suggested that the cultural plan address the need to include northern Pickering in a9tivities that take place in downtown and the waterfront; and the need to include advisory committee participation in the planning of cultural services; and the need to assign new staff positions who can facilitate cultural development. Also, that housing developments support residents through their lifespan and do not segregate seniors but integrates them in the community. The majority of respondents do not feel the City of Pickering has policies, programs, and services to support cultural planning. According to the responses, there needs to be a connection between economic development, heritage and culture and not such a singular focus on business development. Integrating all three ca n help the City sell a lifestyle to newcomers and new business. Respondents all agree that the municipality should work with community organizations, the Region of Durham, and private businesses to ensure that Pickering is a cultural community. Some suggestions include the sharing of social media opportuniti es, solicitation of fun ds, connection on websites, etc. In the same way, all respondents stated that advisory committees should act as an advisory group and provide feedback, input and support to the municipal when needed. City of Pickering Cultural Strategic Plan 2014 2.5 Focus Group Sessions 2.5.1 Youth In September 2011 , youth from Pickering Activity Council for teens (PAC4Teens) and Pickering's youth programs were invited to participate in a focus group session led by Pickering staff. Youth were asked a series of questions to determine their awareness of, participation in, and interest in cultural services in Pickering. Seventeen young people participated in the session. Many reported participating in the following cultural activities during their free time: dancing, drawing, painting, playing music, writing, visiting historic sites, and attending mu lticultural events. Youth most often participated in these cultural activities at home, at a friend's house, at a City facility and .to a lesser extent, at school. Focus.group members said that they participated in these activities whenever they had the time, some of them seven days a week, others twice a week. Eight young people reported participating in these activities outside Pickering either because their activity of choice is offered elsewhere and they like to participate as much as possible, or because they are visiting a friend or family member in another city. It does not appear that youth are searching for these activities and leaving Pickering to participate. Rather it appears that they supplement their existing level of participation by finding experiences in other municipalities. The most common reason for not participating in cultural activities is homework. Other reasons include lack of money, lack of time, and Jack of transportation. When asked if there were cultural activities they would like to do in their leisure time but do not do, all said no except two. Those two respondents wanted to participate in ballroom dance and Zumba, but do not see these activities offered for their age at the Pickering Recreation Complex. Youth also recommended that the City of Pickering offer cultural activities in accessible locations and at affordable prices. 223 • 63 . G4 In terms of partnerships, youth did not have many ideas on how schools, places of worship, community groups, and businesses can help them participate in cultural activities. But some ideas included having businesses sponsor outdoor events and concerts and providing volunteer opportunities and experience to youth. Participants in the focus group reported becoming aware of cultural programs and services through their friends, schools, parents, the leisure guide, and newspapers. They also recommend that the Clty promote programs and services to them through their schools, and through Facebook and Twitter. When asked what cultural activities they think should be offered, the responses included dances (for those older than pre-teens), breakdancing, ballroom dancing, and a new facility for art classes. The vast majority of teens who participated in the survey indicated that the municipality is responsible to provide these cultural activities and facilities. To a lesser extent, community groups, schools, and places of worship also bear some responsibility. 2.a.2 Seniors In June 20121 seniors from the South Pickering Seniors Executive Committee were invited to participate in a focus group session led by Pickering staff. Seniors were asked questions to determine their awareness of, participation in, and requirements for cultural services in Pickering. The Executive Membership was asked to consider their own needs and interests and those of their members. Eight executive members attended, representing a South Pickering Seniors membership of approximately 850. ' The seniors reported the following cultural activities as important to them: crafts, heritage activities which include Scottish and Irish events (Robbie Burns Supper, St. Patrick's Day Celebration), Pickering Concert Band performances, dancing, and music playing, computer courses (which include assistance with photos), graphics, "honour" library (a library where books are available to borrow without signing them out). and theatrical performances. These activities are most often offered weekdays at the South Pickering Seniors Centre with the exception of events offered on Saturday evenings. The South Pickering Seniors Club organizes theatre trips at least six times each year, but members have to travel to CasinoRama, Herongate Theatre, Class Act, St. Jacobs, Stage West, and Stratford, because nothing is offered more locally for their enjoyment. Seniors Club Executive Membership did not feel particularly restricted from participating in cultural activities. They feel that they have the support and resources to offer their membership cultural activities of interest. They also appreciate the programs the City of Pickering offers and are often invited by other agencies to attend specific activities or events. 224 J ---- I City of Pickering Cultural Strategic Pian 201/1. . ----. . --. -. . . . . . --------------------------------- Many organizations were identifiep as helping South Pickering Seniors Club membership participate in cu ltural activities. Pine Ridge Secondary School invites seniors to their school once each year for a dinner and show. This is very well received. Pickering Caribbean Cultural Association invites seniors to attend their annual tea for free, which provides a nice meal and entertainment. In addition, Ontario Power Generation invites seniors to their annual holiday events. These types of activities and invitations are welcomed by the membership and allow them to connect with the others in their community while enjoying cultural performances. The South Pickering Seniors Executive noted many City of Pickering programs that are of particular interest and enjoyment to their membership. These programs include line dancing, swimming, fitness classes, belly dancing, and lawn bowling. Some members do not participate in certain City of Pickering programs because the complement of free programs offered by the South Pickering Seniors Club already meets their needs or because the cost and schedule of the City of Pickering programs are not suitable to them . When asked what City of Pickering programs could be offered to seniors but currently are not, participants suggested line dancing (club-led), Zumba, Tai Chi, clog dancing, art classes, and a pole-walking club (inside during winter). When asked what cultural facilities should be offered to seniors, participants recommended a theatre in Pickering featuring an accessible location, with weekday and weekend matinee show times. Members also wanted a dance hall that would be accessible and large enough for big events. The seniors also expressed an interest in being involved in municipal cultura l planning by providing input on City of Pickering cultural programs offered throughout the municipality. And in order to encourage seniors input, the membership recommended online surveys (as some seniors are web savvy) and focus group sessions with tea/coffee and cookies provided. The South Pickering Seniors Club executive membership felt that the City of Pickering was on the right track with the provision of cultural planning and programming and appreciated the reduced rates afforded to their membership, which encourages participation. 225 as ~ ---. City of Pickering Cul~ura_l Strategic Plan 2014 •.. --· -·· ............... ····."··--·-·-~'~-_ ... ·~--. ----·---------.JI 66 App.e dix Reflec o Part· "pa • • Indo-Canadian Cultural Association of Durham r The City of sunshine, The City of Pickering provides a strong, inclusive and vibrant community for everyone to live, play and work. We have found that the Arts in its all form are a useful tool to get people involved in the community and that is why we urge our members from whatever religion or culture that they may come from to support community initiatives. We recognize that in order for art and culture to survive and prosper we need a healthy community where everyone feels at home and that's exactly what our members have, a sense of belonging. The ICCAD's proposed to rename the Esplanade Park to Peace Park has been endorsed by the City council. The ICCAD was proud to announce that by naming the park as the Peace Park and honouring the contributions of our great leaders as proposed, the residents of Pickering, are honouring their own City's commitment to peace, non-violence and reconciliation. Ours is a City of diversity where the lessons our great leaders Lester B. Pearson, Mahatma Gandhi, Nelson Mandela, Martin Luther King, and may others who worked hard towards Peace and whose accomplishments changed the lives of Canadians forever. 226 . ~--~-----------. City of Pic~teri!19 Cultural Strategic Plan 2014 l -----... .. -~ ~ -* t Backwoods Players Albert Camus said '1Without culture, and the relative freedom it implies, society, even when perfect, is but a jungle. This is why any authentic creation is a gift to the future.'' And "If art is to nourish the roots of our culture, society must set the artist free to follow his vision wherever it takes him" (John F. Kennedy). Backwoods Players is one of many arts groups in Pickering, each contributing in its own way to enhancing the daily lives of Pickering residents. Our focus on history and our commitment to the Pickering Museum Village are two strands in the tapestry of Pickering's cultural community. Young Singers Over the past 18 years, Young Singers has worked with over 700 talent~d young children enriching their lives through the power of music. These young people have taken great pride in their hard work, and have gained musical skills, confidence in singing and the pleasure of performing as they share their talents. They have also acquired an appreciation for the arts, and developed life skill s which will serve them in their future as upstanding and caring leaders of our community. A strong alumni reinforces the strong sense of community which is an integral part of the Young Singer organization, and a wonderful tribute to our mission statement. Pickering Museum Village The museum village has a wonderful team of volunteers that support the museum village from all aspects. Without this team of volunteers there would be so much less that the museum could accomplish. In the last year we welcomed over 40 new volunteers to the team. They were children, youth, young adults, ad ults and seniors. They all come from a variety of backgrounds and have a variety of skills that they bring to the museum. They also bring with them a willingness to learn and much dedication. They help to recruit new volunteers as well by bringing friends and family to join them in their vol unteer activities. The volunteers bring the museum and history to life for the visitors and the community. To meet the needs of the public and the museum, the museum has created many volunteer clubs or societies, and increased the number of volunteer from approx. 55 active volunteers in 1998 to over 300 in 2009/10. This program's success is based on word-of-mouth; a strong and positive volunteer sector breeds success and sustainability from within. It is a warm and welcoming environment with many areas of focus and interest for the public. One of these areas that has helped to reach new museum audiences more than any other volunteer "club'' at the museum village is the Backwoods Players theatre company. This group has a volunteer board of directors, and a membership that goes beyond the volunteer pool. They have won awards, and have been invited to partner with many organizations in Durham Region and Toronto. They write original work based on historical research. Comments from the public after viewing the 'flagship' on-site production about the Rebellion of 1837: "fascinating journey into our past,'' "we loved it, leamed more about our past," "a wonderfully performed educational event, thank you." Regarding our on-site education tours, comments from teachers run like the following: "parents were impressed with the organization of activities," or "The students had a fabulous time. Everything about the experience was great. It 227 6/ --------------------- City of Pickering Cultural Strategic Pliln 2014 -----------------~'-·.· . ...__._ .... -~~---·--·~--~-------------~-~-~---= _----- 68 was probably my favourite trip that I've ever taken students on." ''Felt like we were part of a pioneer community, not just observing items in a museum!" "The kids felt they had travelled back in time, especially in the school house. I love the program you present! Keep up the great work." "The instructors are always so well informed. I always learn something new.'' I don't thinl< anything says more than the value of the volunteer in-kind donation that supported this museum's operation in 2009. $585,000 dollars of time is not insignificant*; 305 volunteers believe this facility is worth investing in, and we could not receive the awards, the accolades, or offer the public programs without those volunteers and their commitment. *number of volunteer hours multiplied by the wage average of $20/hour (a commonly accepted value placed on volunteer time). Pickering Gas & Steam Club Many people recognize that PMV is a unique jewel within the City of Pickering. It has capabilities and potential far beyond its present scope but what it requires is a larger site that would enable community and private sector groups to facilitate its success. There is a very broad base of capable volunteers across a broad range of heritage and cultural groups that would willingly volunteer their efforts to enable growth in this sector but investment in the basic infrastructure is a necessary starting point. The timing is right in that there have never been more people with the rig ht skills and right energy to support such an endeavour. Such a plan would be welcome by educators, arts and culture advocates and industry but it needs leadership from the City to get started. Pickering Museum Village Advisory Committee Opportunities to become an inclusive community for all ages, genders, and ethnic origins -we are a proud cultural member of Pickering and want to continue to grow our facilities, staff, and opportunities to share the talents of all our volunteers-particularly from Pickering. Toronto and Region Conservation Authority A few testimonials from Boyd Field School students ... "I couldn't possibly begin to say what I experie nced here at Boyd. It transcend written word. A lot of the chance I experienced was personal and I enjoyed learning more about my (Aboriginal) culture. John Hodson's ceremonies touched me the most. It showed me what my life could be like if I wanted it to; and I think I do."-R.R. "This course was amazing. It gave me so much knowledge about archaeology as well as the physical experience of excavating a site. The guest speakers are very knowledgeable and provided good learning activities to teach different techniques and theories about cultures. Boyd is a great field school; it is fun and educational at the same time." -K. R. Also, the feedback from the Claremont Archaeology Festival was extremely supportive, such as "When can I come back and do it again I" 22 8 --------- City of Pickering Cultural Strategic Plan 2014 • . ---=------=------~--_-_·_-__ ---. Muslim Youth & Community Centre for Pickering/Durham (MYCC) I propose to establish a big enough place in which Jewish, Christians, Muslims, Hindus, Sikhs may be allowed to one day teach in order to offer their heritage, arts, and culture events and participated by community and City officials who would like to participate. The Woodwrights Guild Woodworking was a major activity in 19th century rural society. The Woodwrlghts have completed 53 on-site projects since inception in 2007. This doesn't include the many hours involved in constructing the new Woodwrights shop. These are outstanding accomplishments from a small group of volunteers. The quality of our work has been noted by all those who remember "how it was like." Durham College A strong heritage, arts, and culture sector is important for ensuring a healthy and vibrant community as a whole. Having opportunities within these sectors is important for many of our students, both during their time on campus and after they graduate and are living in Pickering and other neighbouring communities. Further, a community that offers opportunities to live, work and engage mal<es for an ideal destination for many families and a strong heritage, arts, and culture sector plays a key role in achieving that balance. Pine Ridge Secondary School Pickering's place in Canada as a cultural ce ntre will be measured by its ability to promote artistic expression. We can achieve cultural prominence through the funding of public places where artistic performance can occur. Pickering Community Concert ~and There should be a cultural event at least once every month to celebrate in the town, especially during holidays. There should be lots of variety offered often enough at affordable prices that promotes community so that people know they don't have to travel downtown Toronto to get the experience they're looking for. The Olympic Torch moving through Pickering at 8:30am on a morning did not lend itself well to involving most of the community. Was it not possible to vie for a better time I day? Your City's band should have been playing when that torch came through. We should know that every summer, there will be weekly park activities to attend, that starting Sept., there will be a winter series we can buy seasons tickets to an arts centre that features local musical & drama, dance, artistic talent (there's lots of local talent!). 229 69 ----------~--~ City of Pickcring ,Cult~ral Strategic Plan 20'14 , L--.--------~----------------0~----~--~--" lO Artists and Poets Ltd. Working out of Pickering since I began over 15 years ago, I have seen the effect technology has had on a. musician's ability to stay in the town he or she loves with their families and still have the opportunity to have a global impact with their work. Just 15 years ago, there were no MP3 downloads, and largely no websites, so networking was really difficult with a small budget. Cassettes or COs had to be manufactured, and shipped all over the world. With no email, each contact required an expensive long-distance phone call, which sometimes required waking up at 3a m to call parts of Europe and Asia. The advent of all of these new tools has made global marketing more affordable and in many cases possible where it was almost impossible back then. Also, the ability for a skilled person to produce high-quality sound recordings has come down drastically from the days of having to rent a recording studio and pay an engineer. With these advances, artists who are world-class, and often come from towns just like Pickering, no longer have to relocate to larger cities to have their music be made an d heard, and that's a relief, because I never wanted to do that. Hispanic-Canadian Alliance of Ontario Spanish is the official language in 21 countries. It is the most sp oken language in the whole world, after English and Mandarin. Currently, there are more than 400 million Spanish-speaking people in the entire world. Experts have predicted that by 2050, more than 530 million people in the world will speak Spanish. As Spanish-speaking immigrants, we share a common language, culture, food , music and the challenge to learn a new language and integrate into our new homeland: Canada. Bloomers & Britches Heritage Gardeners, Pickering Museum Village I have been involved with the Pickering Museum Village as staff and volunteer for 20 years. It always surprises me that at each event there I run into someone who is attending the site for the first time, and "never knew" that Pickering had a museum; has lived in Pickering for years and paid taxes to help support the museum (unknowingly) and has now discovered what a wonderful, enjoyable, educational experience the museum is! And, of course, now that this place is found ... they will be back. This happens repeatedly. This must happen in other culturally groups also. Are we missin g and opportunity of communication or promotion here? 230 . -- City of Pickering Cultural Strategic l="lan 2014 , L -----• _· -· ___________ . ------ Heritage Pickering "As Pickering evolves over the next twenty years, it is important that people maintain a sense of continuity with the past. People in making decisions and undertaking actions, should recognize, respect and nurture Pickering's cultural heritage" (Pickering Official Plan). "Schools like this one represent something in our history that time and events cannot replace or destroy. This type of school, not as modern as the ones we have today, helped build the character of the pioneer citizens of this country and made Canada what it is today" (R.H. John Diefenbaker, Prime Minister of Canada, June 1957 regarding the re-dedication of the Greenwood Schoolhouse). Without the maintenance of our history we are a community without a past. It is critical for Pickering to ensure the further dev~lopment of the Museum, and the maintenance of the significant Heritage homes, landscapes, cemeteries, archaeological sites and artefacts, stories and descriptions of who we were and what made us as a community. Pickering Museum Village Singers At the Town Centre for Heritage Day, I was stopped many times by people asking me to take a photo of me in my beautiful 19th century dress. Our group attracted a lot of attention because of our costumes. At the Whitevale Festival last year we tried to keep straight faces as we sang Temperance songs right next to the beer tent... Singers come from as far away as Markham and Oshawa on Saturday mornings to rehearse. I think that says a lot. Pickering Horticultural Society An image: a cheerful streetscape inducing people to smile, bring them together, make them feel part of the community, people sitting on park benches enjoying each other's company, concerts in the park, children playing unstructured games. Wishes: parks & public gardens, gathering places, bicycle trails, theatres, upgraded outdoor sports facilities. Dunbarton-Fairport United Church Even in this age of multiculturalism, the heritage of Pickering must include the fact of the churches' foundational presence in Pickering and its binding together of the community. 231 I 1 ---------------------.. I • City of Pickering Cul~ural Strategic Plan 201•1 , •-:__.-!'~·-.... _..___-=-~-~-~·-~---------------.. --· .... -....------~ • 't f. 72 D. James, Sculptor Creating with Power is more than just learning how to use the tools. The students learn about themselves through the expression of their own ideas and the telling of their own stories. They also learn patience, empathy for others , and how to focus. Our youth today have become accustomed to instant gratification. This has contributed to the rise in classroom outbursts and the need for anger management. Using high-speed grinders to create wood carvings speeds the carving process up enough to make projects like this possible within the time allotted by the school curriculum but, as well, slows them down enough to teach the value of taking one's time to achieve a finer finished product. It is soon realized that this is also applicable to homework and to work in other classes. Taking one's time to achieve a finer final product results in higher marks and positive recognition. This same patience, when shown in the home, also produces rewards, as parents take too long to say what they have to say. Ultimately, the youth begins to feel better about himself or herself, which results in better citizenry for our community. Girls Incorporated of Durham Strong heritage, arts, and culture sector means capturing everyone's voice. It is about respect and advocacy. Seeing how we fit in and a part of a strong community. The importance of capturing the future and preserving the past in an integrated way. Keeping the facade of old buildings and trying to recreate a sense of community for all groups. Many people today are feeling disconnected and looking for their spiritual or cultural connections to help connect them to like-minded people, but [this] often further disconnects them from other groups. As we create silos, we only see our perspective and lose sight of the commonalities. Culture defines people, communities, and neighbourhoods through creative expression, traditions, and specifi? viewpoints. To fully utilize community facilities they should also become hubs for cultural and art program delivery, a place of opportunity and creative development for children and youth. To offer a range of leisure and entertainment opportunities that enable authentic cultural celebration and appreciation. The economic spin-offs of this investment are evident in tourism activity, entertainment, local employment, and the attraction of major employers and new residents seeking a community with cultural vitality. Girls Rights Week is an opportunity to showcase activities that encourage the development and understanding of each of the rights. Having the right to resist gender stereotypes, take pride in success, appreciate my body, have confidence in myself and be safe in the world, have the right to prepare for interesting worl< and economic independence. People see how they can be part of the solution. How together we can envision girls living in an equitable society. Zahra's School of Middle Eastern Dance I really enjoy this event. Thanks for allowing us to participate! 232 -- City of Pickering Cultural Strategic Plan 2014 . . -.. ~~ ·--. Pickering Public Library When I visited Chicago this summer, I was so impressed by the power of the physical space to inspire. Everywhere I went in the downtown area, I saw images that provoked and engaged me-buildings of such creativity and variety, a parkette for children that was textured in coloured rubber and filled with imaginative structures and statues, a central park that housed a sculpture that looked like a blob of mercury and reflected the surrounding city and its visitors. All around me were activities that encouraged engagement-a tent in central park filled with blocks where parents could take a break from the heat and "play" with their kids, a central library equipped with recording studio and green room where disadvantaged kids could record their songs or make a film then share them with the world. And there was a sense of shared purpose in this creative endeavour. The natural history museum was hosting a "pirates" exhibition and pirates were everywhere-the local Macy's added pirate hats to their mannequins and pirates in many storefronts. The streets looked like treasure maps ... There was a sense that this environment could make you better, more creative .... not just yourself, but the whole community together. This type of vision takes strong leadership to get community alignment. I believe thafthe City of Chicago has a strong mayor who has embraced the concept of Chicago as a cultural cornerstone. I hope that the Cultural Strategic Plan can provide th is vision. As a community leader, I would do whatever I could to support such vision. 233 73 . -··-----~---_-----.,.-________________ ------~--,. -----_----~-.-----~ ' City of Pickering Cultur~l Strategic Plan 2014 L-~ __ ,__,..._..._.. _____ ~-..._-a--.----._-----_ _. ______ .-..-... ............................. _ ..... _~ -----~--• __ .. 74 Altona Forest Stewardship Committee Working with the AFSC members and its partners, who are dedicated to the environment and keeping Altona Forest a natural habitat in the middle of an urban environment, is very rewarding. Learning from the various participants who have expertise in so many areas allows me and all the members to expand our abilities and minds in the area of natural heritage upkeep, rehabilitation and improvement of the forest. Leading hi kes of interested students or adults into the forest to study plants, animals, or natural features such as ponds, is extremely enjoyable, especially when seeing the enthusiasm and appreciation of the environment of young people who will be stewards of our environment in the future. Central Lake Ontario Conservation Make regional connections to recreational resources through trail improvements to enhance the natural heritage experience of Pickering residents and visitors. 234 236 Report CR 03-14 June 9, 2014 Subject: 2013 Accessibility Progress Report Page 2 Construction associated with the multi-use trail from Valley Farm Road to Liverpool and Kinsmen Park pathway was deferred to 2014 and sidewalk and streetlight installation at Brock Road and Kingston Road was also deferred as part of the Region of Durham's road improvements along Kingston Road. Discussion: According to the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), 0. Reg. 191/11, Integrated Accessibility Standards (IAR), obligated organizations (which includes municipalities) are required to comply with the following: 3.(3) The Government of Ontario, Legislative Assembly and designated public sector organizations shall, (a) prepare an annual status report on the progress of measures taken to implement the strategy referenced in clause (1)(a); and (b) post the status report on their website, if any, and provide the report in an accessible format upon request. The AODA, 2005 is derived from the Ontarians with Disabilities Act, 2001, which itself is derived from the disability provisions of the Ontario Human Rights Code, 1990. Under these regulations, all municipalities are required to prepare accessibility plans, make the plans public, and consult with persons with disabilities. As part of that consultation process, municipalities are also required to establish and consult accessibility advisory committees. On June 13, 2005, the AODA became law. This landmark legislation provided a framework for developing accessibility standards which will identify, remove, and prevent barriers for people with disabilities in key areas of daily living. These standards will apply to both public and private sector organizations across Ontario. The Province has worked with representatives from the disability communities, as well as private and public stakeholder organizations to develop each of these standards. Each standard sets specific goals with incremental target dates, leading to the ultimate goal of a fully accessible Ontario by 2025. The five standards under the AODA include: Customer Service; Information and Communications; Employment; Transportation; and Design of Public Spaces Standards (Accessibility Standards for the Built Environment). In 2013, all five (5) of these Standards were in effect. The earliest compliance date for the Design of Public Spaces Standards however, is not until January 1, 2016. General-Highlights of 2013 • Training· of over 500 staff members, volunteers, members of Council and committee members on the requirements of the Ontario Human Rights Code, and the Integrated Accessibility Standards. • Creation of a designated position of Accessibility Coordinator. Report CR 03-14 June 9, 2014 Subject: 2013 Accessibility Progress Report Page 3 Accessibility Standards for Customer Service-Highlights of 2013 The City of Pickering was in compliance with this Standard by the deadline of January 1, 2010 and has completed the online reporting requirements with the Accessibility Directorate of Ontario. Highlights include: • Ongoing training of new staff and volunteers in the requirements of the Standard. • Review of the City's policy on Accessible Customer Service. This was in response to the creation of a general policy on accessibility for the City which included all of the Standards. Much of the original Accessible Customer Service Policy has been included in a draft procedure for implementing accessible customer service. • Participation in a joint project with the Canadian Hearing Society (CHS) and the Ontario Recreation Facilities Association (ORFA) in August 2013 to create videos as part of a public awareness program entitled "Creating Acces.sible Recreation Facilities for People Who are Deaf and Hard of Hearing". • Presentation of two (2) public awareness events, "Celebrating Abilities" at the Pickering Town Centre in June 2013, plus "The Total Wellness Event", co- sponsored with the Advisory Committee on Diversity at the Pickering Recreation Complex. Information and Communications Standard-Highlights of 2013 • Ongoing development by City of Pickering and Pickering Public Library staff of accessible templates for various types of documents. • Ongoing training of resource staff in each division and department to provide assistance to other staff members in creating accessible documents. Employment Standards Highlights of 2013 • Updates to the City's Hiring policies and procedures to reflect the AODA's requirements to make all stages of the employment cycle accessible for persons with a disability. • Development of a procedure by the Pickering Public Library to provide external job postings to local administrators of the Ontario Workplace Inclusion Plan. The Library successfully hired a new employee through this process. Transportation Standards-Highlights of 2013 • Municipal Law Enforcement Services continues to monitor requirements for accessible taxi service within the City of Pickering. Design of Public Spaces Standards (Accessibility Standards for the Built Environment)-Highlights of 2013 This Standard took effect on January 1, 2013 with an implementation date of January 1, 2016. In preparation for that deadline, staff in various departments: • Have begun integrating specific technical standards into existing guidelines. • ·Are designing a pilot project for the use of tactile surface indicators for areas where sidewalks meet vehicular traffic. • Are including accessible parking requirements in developing a new draft parking by-law to be presented to Council in June 2014. 237 238 Report CR 03-14 June 9, 2014 Subject: 2013 Accessibility Progress Report Page 4 • Initiated the development of operating procedures for monitoring and maintaining accessibility features in City of Pickering facilities and public spaces. Built Environment, Accessibility Related Projects-Highlights of 2013 The City of Pickering includes accessibility design in new projects, such as the Indoor Soccer Dome and the new Operations Centre, as well as in projects such as: • Retrofit of the banquet facilities at the Pickering Recreation Complex, including adjacent washrooms and the creation of universal washrooms in the main lobby. • Construction of a new accessible entry and universal washroom at West Shore Community Centre. • New signage within City Hall with better legibility and way finding features. • Installation of an accessible workstation and touch screen systems for public access to tax roll information. Many projects such as upgrading trails and pathways, replacing a footbridge, parking lot expansion and upgrades, or upgrading exterior lighting were completed in 2013. These projects were not undertaken specifically for accessibility purposes, but still serve to improve the level of accessibility for persons with various disabilities. Pickering Accessibility Advisory Committee-Highlights of 2013 • Reviewed and commented on site plan applications, including plans for the new Operations Centre. • Completed an accessibility audit of the City's facilities to be used in discussions with City Staff regarding planning and budgeting for future accessibility upgrades. • Presented a public awareness event, "Celebrating Abilities", as well as a joint event with the Advisory Committee on Diversity entitled the "Total Wellness Event". • Presentation to Council regarding the need to increase accessible parking requirements to reflect Statistics Canada's reported levels of disability. • Worked with staff in the planning of a pilot project for the use of tactile surface indicators. The "2013 Accessibility Progress Report, 5 Year Accessibility Plan 2012-2016" is attached and provides a more complete overview of the City's accessibility achievements in 2013. · Attachments: 1. 2013 Accessibility Progress Report City of Pickering One The Esplanade Pickering ON L 1V 6K7 Alternate formats for this document are available upon request, by contacting the City of Pickering Customer Care Centre. 905.683.7575 Toll Free 1.877.420.4666 TTY 905.420.1739 Email: customercare@pickering.ca . Pickering Public Library For questions regarding assistive services, 905.831.6265 Toll Free 1.888.831.6266 Email: help@picnet.org For information concerning the Accessibility Report, contact the Accessibility Coordinator at 905.420.4660 ext 2166 or dmarlowe@pickering.ca Page 2 of 27 241 Commitment .................................................................................................... 3 Introduction ...................................................................................................... 5 Background ..................................................................................................... 6 Legislation ................................................................ · ............................ : ........ 6 The Standards .............................................................................................. 7 The Report ...................................................................................................... 9 The Report: General .................................................................................... 9 The Report: Accessibility Standards for Customer Service ......................... 10 The Report: Information and Communications Standards .......................... 12 The Report: Employment Standards .......................................................... 13 The Report: Transportation Standards ....................................................... 13 The Report: Design of Public Spaces (Accessibility Standards for the Built Environment) .............................................................................................. 14 Facilities ..................................................................................................... 16 The Report: Pickering Accessibility Advisory Committee ............................ 21 Acknowledgements ....................................................................................... 25 Pickering Accessibility Advisory Committee ............................................... 25 Core Staff Accessibility Committee ............................................................ 26 Definitions ..................................................................................................... 27 Page 4 of 27 243 244 lntroductio n The City of Pickering is committed to a vision of an inclusive community. That vision includes provision for the engagement of all of its citizens equally in the life of the municipality. To achieve that vision involves developing strategies to remove existing barriers to full participation, and planning for a future that provides equal access to services and programs for all residents. The City of Pickering 2012-1016 Accessibility Plan describes how the City intends to move forward, towards the goal of full accessibility. That goal extends throughout the activities of each of the five (5) departments of the City's administration, as well as the Pickering Public Library. The 2013 Accessibility Report describes how each of those departments and the Library have implemented the goals of the Plan throughout the past year. Page 5 of 27 Background Legislation The Province of Ontario has established accessibility for its citizens as a priority, setting a goal of full accessibility by 2015. To realize that goal, the Province has enacted legislation and established standards for all organizations within the Province to meet, according to incremental deadlines. The Ontarians with Disabilities Act, 2001 (ODA) established the goal of full participation in the life of the Province for persons with disabilities. This will be accomplished by providing for their involvement in the identification, removal and prevention of barriers to that full participation. The ODA also made requirements for municipalities to establish Accessibility Advisory Committees and, in consultation with them, to develop annual Accessibility Plans. The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) created procedures for developing and implementing standards to meet the individual goals of the ODA. The standards 1 already developed include: >-Accessibility Standards for Customer Service >-Information & Communications Standards >-Employment Standards >-Transportation Standards >-Design of Public Spaces (Accessibility Standards for the Built Environment) Each Standard provides guidelines and deadlines for organizations in the Province, with one employee or more, to follow and to meet. 1 The Information & Communications, Employment, Transportation, and Design of Public Spaces Standards are grouped together as the Integrated Accessibility Standards (lAS). Page 6 of 27 245 246 The Standards Accessibility Standards for Customer Service Having access to goods and services is essential in our daily lives. This Standard sets out how busine_sses, service providers and other organizations must go about providing equal access to those goods and services for persons with a disability. Information and Communications Standards We live in an information age. Having access to information and a means to exchange information is vital in our society. This Standard provides the requirements for the manner in which information and communication supports must be provided to persons with a disability. Employment Standards Equal access to employment opportunities is a major right included in the Ontario Human Rights Code. The Employment Standards set out the requirements and responsibilities of employers, as well as employees or prospective employees who have a disability, as they move through all stages of. the employment process. Transportation Standards The ability to travel throughout our communities is essential for many facets of our daily lives including employment, shopping, accessing health services, and for recreation. The Transportation Standards set out requirements for organizations which provide transportation services, as well as municipalities who may regulate those services. This includes both physical requirements for the mode of transportation, as well as the manner in which those services are provided for a person with a disability. Page 7 of 27 The Report Many of the activities included in the 2012-2016 .Accessibility Plan are governed by Provincial legislation, particularly by the five (5) Accessibility Standards. These Standards, generally, provide guidelines for moving forward, towards the goal of full accessibility by 2025. In most cases they do not address the removal of existing barriers. While the City has committed to meeting those Standards as it moves forward, it has also committed to identifying and removing existing barriers. This Report provides an annual snapshot of how the City of Pickering is meeting the legislated requirements, as well as other activities it has undertaken to improve accessibility within the City. The Report: General To achieve the goal of accessibility by 2025, knowledge and understanding of the Standards is necessary for all members of the public. Training is a primary component of the Standards. Through 2013, over 500 City of Pickering staff and volunteers received training regarding both the Ontario Human Rights Code and the Integrated Accessibility Standards. This included members of co·uncil, volunteer appointees on City committees, all staff, and volunteers throughout City programs. In June 2013, the position of a designated Accessibility Coordinator was created as a resource for staff and to coordinate efforts across the Corporation to improve accessibility. Page 9 of 27 248 . The Report: Accessibility Standards for Customer Service Policy and Procedures The staff and volunteers of the City of Pickering and the Pickering Public Library consider good customer service to be an integral part of interactions with residents and participants in their various programs and activities. All new staff and volunteers receive training in providing customer service, with particular attention given to making programs and services accessible to people who have a disability. Information is provided on a range of disabilities, as well as suggestions for possible supports that could be provided. When there are disruptions to any services or programs, notices are posted as soon as possible so that residents can plan accordingly. Notices are posted at the facility that is affected, as well as on the Program Cancellations & Service Disruptions page of the City of Pickering website. Staff members regularly consult with people who have a disability, as well as the Pickering Accessibility Advisory Committee, as part ,of ongoing reviews of City policies, procedures, and training. Of particular interest for staff at the Pickering Recreation Complex, was the opportunity to participate in a joint project with the Canadian Hearing Society (CHS) and the Ontario Recreation Facilities Association. In August 2013, CHS and ORFA used various areas of the Pickering Recreation Complex as sets in the creation of videos depicting good and bad customer service for persons who are deaf or hard of hearing. These videos will be used as part of a broader awareness and training program funded by the EnAbling Change Program of the Accessibility Directorate of Ontario. Staff also worked with the CHS to review our facilities and programs to develop a program to introduce new technologies for improving communication with persons who are deaf or hard of hearing. Page 10 of 27 249 Programs The Culture & Recreation Department provides programs for a variety of ability needs. Adult 55+ programs include fitness programs adapted for maintaining and improving fitness levels and appropriate for adults 55 and older who may have some mobility difficulties. The Aquatics section continues to provide one-on.,one programs for children with a disability, as well as the facilities for a volunteer organized, community based, learn-to-swim program for children with special needs. Over 325 people with a range of mobility issues benefited from the City's Aquafit programs. During 2013, the City of Pickering provided integrated day camp experiences for approximately 50 children with disabilities. Through the City's Integrated Services program, these children were provided with one-on-one camp staff support which enabled them to participate in a variety of camp programs. All camp staff received practical training in how to support children with disabilities, plus High Five training which is specific to working with children. As well as recreational programming, two (2) awareness events were presented in 2013, in collaboration with the Pickering Accessibility Advisory Committee. "Celebrating Abilities", at the Pickering Town Centre on June 1, was a showcase of achievements of people with disabilities as well as an opportunity for groups and agencies to highlight their services and programs. The "Total Wellness Event", held on September 14 at the Pickering Recreation Complex, focussed on all of the elem.ents of personal wellbeing, with speakers, displays, demonstrations and fitness activities throughout the day. This event was co-sponsored by the Pickering Accessibility Advisory Committee and the Advisory Committee on Diversity. Page 11 of 27 250 The Report: Information and Communications Standards Communicating, in a way that is equally accessible to all of Pickering residents, is a priority for all City of Pickering and Pickering Public Library staff. Being able to provide information in a variety of formats means that people with a communication disability can access that information as they need. Those alternate formats are numerous and include such things as a large print version of the information, audio versions, Braille, or an electronic version that can be accessed using various types of screen reading technology. For any person who requires an alternate format because of a disability, contact information is provided on page 2 of this report. Creating documents in accessible formats has been a major focus for administrative staff members throughout 2013. City and Library Staff have continued to develop accessible templates for commonly used types of documents. Resource staff have developed manuals and training programs on how to use those templates and to create documents in accessible formats. There are now resource staff in all departments of the City and Library to provide ass,istance in the process. Those accessible document formats mean that information contained in them can be accessible through the City and Library websites, or by other electronic means. The Pickering Public Library has collections in large print, audiobook and ebook formats. Through a partnership with the CNIB, the Library can provide resources in Braille or Daisy reader audio books. The Library also provides other resources in accessible formats, where they are available. As well as various alternate formats fofinformation, the Library also provides communication supports such as: • Narrator-a program that reads aloud the text on your screen • On-screen keyboard -a program that let you use your mouse or other device to interact with a keyboard on the screen An FM communication system, with individual receiving units, has been available for several years in the City of Pickering Council Chamber for any individuals who are hard of hearing. Page 12 of 27 251 252 The Report: Employment Standards The City of Pickering and the Pickering Public Library have both instituted policies and procedures with the goal of making all stages of the employment cycle accessible for people who have a disability. Through notices on employment documents, on the website, and through trainin~ and orientation programs, both prospective and existing employees are made aware that accommodations due to a disability are available upon request. Human Resources staff have made corresponding updates to the City's Hiring Policy which will be presented to Council in 2014 for their endorsement. Employees who require an accommodation because of a disability, and Human Resource Staff work together to develop individual accommodation plans. These plans are also integrated with each facility's emergency procedures. In 2013, the Pickering Public Library pro-actively began providing external job postings to a local agency which administers the Ontario Workplace Inclusion Plan (OWIP). The Library receives applications and resumes from clients of the Program and has successfully hired staff as a result. In consultation with an employee, appropriate workplace accommodations are provided. The Report: Transportation Standards The City of Pickering is responsible for regulating the taxi industry within the municipality. In previous years, Municipal Law Enforcement Services (MLES) actively sought input from the public and the Pickering Accessibility Advisory Committee regarding accessible taxi service. That input was used to determine an adequate proportion of accessible taxis to conventional vehicles, as well as to compare waiting times for both types of service. The MLES continues to monitor comments and complaints to determine when modifications to existing levels of service may be required. The City has also adopted regulations on how taxi service is to be provided for persons with a disability. Page 13 of 27 The Report: Design of Public Spaces (Accessibility Standards for the Built Environment) The Design of Public Spaces (Accessibility Standards for the Built Environment) came into effect on January 1, 2013. Compliance with the majority of the regulations, however, is not required until January 1, 2016. In 2013, various departments in the City of Pickering with responsibility for implementing these Standards entered into a planning process. This process will develop procedures to ensure that full implementation of the Standards is in place by January 1, 2016. In some instances, where specific technical standards are required, appropriate staff have already begun including them into the planning for future projects. Accessible parking requirements of the Standard have also been included in a proposed parking bylaw which is under development. In conjunction with the Pickering Accessibility Advisory Committee, engineering design staff are developing a pilot program to meet the requirements for Tactile Surface Indicators at curbs. This project will help to determine which of the products available will be most appropriate for conditions in the municipality. Tactile Surface Indicator, metal tile type Both Municipal Operations and Facilities staff are moving forward with the development of procedures that will ensure that any accessibility features in our facilities and public spaces will be monitored, maintained and available for use. Page 14 of 27 253 The Report: Built Environment, Accessibility Related Projects The five (5) Accessibility Standards provide the framework for how st~ff will move forward to create an accessible community. Together with the Ontario Building Code 2012, they provide a framework for ensuring that accessibility is part of the development of programs, services and physical facilities within the City of Pickering. · The following series of charts describe built environment projects, in which the ·City was involved in 2013, that increased the level of access in some way. Parks & Trails Project Description Status/Comments Kinsmen Park Pathway Hard surface pathway Put in as a gravel walk in from field entrance to 2013 and is to be paved in spectator area 2014 Kinsmen Park Replace existing Will be installed in winter pedestrian bridge pedestrian bridge 2014 Rouge Valley Park Repair and resurface Walkway replaced in 2013 Pathway the existing pathway Multi-use trail, Valley Refurbish existing trail To be constructed in the Farm to Liverpool summer of 2014 and paved in 2015 Beechlawn Park Re-surface walway and Completed in 2013 walkway and lighting upgrade lighting Page 15 of 27 254 256 ',,,' [) w ;, New directional signage in Pickering City Hall, backlit for better visibility Page 17 of 27 Pickering Recreation Complex Project Description Status/Comments Benches, Family Replacement with wider Completed in 2013 Change Room benches for better stability Banquet hall & integral Refurbishment of hall with Completed in 2013 washrooms better lighting and improved sound system, renovated washrooms for accessibility Washrooms, Main Renovate existing men's Completed in 2013 Lobby area and women's washrooms to create 2 universal washrooms East Shore Community Centre Project Description Status/Comments Community Room Renovations to create an Completed in 2013 washroom accessible washroom Parking Lot Enlarge lot and increase Completed in 2013 number of accessible spaces Don Beer Arena Project Description Status/Comments ' Viewing Platform Design and fabricate a Design complete, portable viewing platform fabrication to be with ramp completed in 2014 Page 18 of 27 257 Project Planning Project Description Status/Comments Indoor Soccer Dome Complete planning for Design complies with the construction of an Indoor AODA standards and has Soccer facility been endorsed by the Accessibility Advisory Committee. Construction to be completed in the summer of2014 Municipal Operations Planning and consultation Design complies with the Centre for replacing the existing AODA standards and has operations centre with a been endorsed by the new facility on Clements Accessibility Advisory Road Committee. Construction to begin in 2014. Page 20 of 27 259 The Report: Pickering Accessibility Advisory Committee The Pickering Accessibility Advisory Committee (PAAC) was established in 2003 as one of the requirements of the Ontarians with Disabilities Act, 2001 (OOA). It is composed of,up to twelve (12) citizen appointees, half of whom must be people with a disability, plus one (1) Council representa~ive. As community representatives, the Committee members bring a variety of knowledge, skills and experience with disability and accessibility issues. These provide valuable insight for their deliberations and recommendations. The Committee's responsibilities include: • advising Council about the preparation, implementation and effectiveness of its accessibility plan • advising Council on the accessibility for persons with a disability to a building, structure or premises, or part of a building, structure or premises, that Council purchases, constructs, renovates, leases or which is provided to the Mu"nicipality as a capital facility • reviewing site plans and drawings described in Section 41 of the Planning Act Members of the Committee participated in training on the specific requirements of Provincial accessibility and building code legislation to keep their knowledge current. Regular meetings with their counterparts in other municipalities also provided additional background on current issues throughout the Region. Although the City's Five Year Accessibility Plan is developed and revised largely by departmental staff, the PAAC reviews the Plan and has specific input on the Built Environment portion. Through 2012-2013, a working committee of the PAAC performed an accessibility audit of the City of Pickering facilities. The audit and recommendations were presented to Council and forwarded to the appropriate staff to determine how the recommendations can be included in the planning and budgeting process. This type of audit, which identifies barriers to access for each facility, will be included, annually, as part of the Committee's work plan. Page 21 of 27 260 As well as auditing existing facilities, the PAAC reviewed plans for the City's new Operations Centre to be constructed on Clements Road. The Committee members provided comments on both interior and exterior features of the building to ensure that any possible barriers to access are removed from the plans prior to the start of construction. The review of site plan applications serves a similar function for construction in the private sector. The PAAC reviewed and commented on applications for construction and major renovations of commercial plazas, industrial buildings, institutional and subdivision sites throughout the City. Site issues on which the Committee commented include; • barrier-free paths of travel, separate from traffic lanes, • adequate accessible parking spaces, • location and configuration of accessible parking spaces in relation to buildings and traffic lanes, • emergency evacuation considerations and planning. Although not generally part of a site plan application review, the Committee also made comments and requests regarding the accessibility of interior features; • barrier-free washroom features, • space allowance in seating areas to accommodate people using mobility devices, • power door operators and automatic doors, • design of reception counters to accommodate a variety of users, • use of door opening hardware that doesn't require grasping to operate. The Ontario Building Code (OBC) regulates construction of buildings throughout the Province. As part of a regular review of the OBC in 2013, the PAAC submitted comments on proposed changes, specifically regarding the need for more accessible housing to be provided in new construction. The Committee also met with Traffic Engineering staff from the Region of Durham to express concerns about safety at several main intersections in Pickering. These specifically addressed difficulties faced by residents who use a variety of mobility devices crossing these intersections to travel around the community. Page 22 of 27 261 262 A pilot project to assess the suitability of several Tactile Surface Indicator products will also help to improve safety at intersections. The Design of Public Spaces Standards will require these installations wherever lowered curbs or ramps are provided. The Committee has worked with Engineering and Public works staff in the development of this project.. Tactile Surface Indicator, metal tile type Over the past year, one of the primary goals of the Committee has been to improve awareness of accessibility issues within the municipality. This involved activities to develop an understanding of the impact various disabilities have on a person's ability to live independently and be fully integrated into the life of the community with the same ease as others can. Members of the Committee initiated the planning for "The Total Well ness Forum", which be_came a collaborative effort with the Advisory Committee on Diversity. Held on September 14 at the Pickering Recreation Complex, it focussed on all of the elements of personal wellbeing, with speakers, displays, demonstrations and fitness activities throughout the day. The Committee also sponsored "Celebrating Abilities", at the Pickering Town Centre on June 1. It was a showcase of achievements of people with disabilities as well as an opportunity for groups and agencies to highlight their services and programs. In March, 2013, the Committee addressed Council, presenting a request to increase accessible parking requirements to a level that would match Statistics Canada's reported levels of disability. Page 23 of 27 Looking forward into 2014, members of the Committee continue to develop knowledge and skills to keep them prepared for their role in fully implementing the AODA by 2025, and in creating an accessible community for the residents of Pickering. Page 24 of 27 263 Acknowledgements Pickering Accessibility Advisory Committee The Pickering Accessibility Advisory Committee (PAAC) is a team of volunteers and advocates dedicated to promoting awareness of accessibility issues in the community. It provides input and recommendations regarding those issues to City Council. The Committee also reviews site plan applications and provides comments and recommendations to ensure accessibility requirements are met at the design stage of developments within the City of Pickering. Along with City Staff, they take part in the development and review of the City's Accessibility Plan and the Annual Report on Accessibility. Pickering Accessibility Advisory Committee, March 2014: sitting; Sue Wilkinson, standing 1-r; Keith Falconer, Don Tierney, Tanya Logan, Doodnauth Sharma, Maurice Brenner, Dave Marlowe (staff). Absent; Terry Arvisais, Peter Bashaw, Aisha Heywood-Delpeache, Pauline McCafferty, Councillor Jennifer O'Connell Page 25 of 27 264 Core Staff Accessibility Committee Each member of the Core Staff Accessibility Committee represents a department or service across the organization. Through regular meetings this committee is kept informed of legislative information and resources. Members also bring expertise in their respective areas which adds to the collective knowledge for implementing the City's accessibility initiatives. These representatives ensure that departmental staff is kept informed of accessibility issues. They are key to how each department develops and implements policies and procedures for accessibility in their activities. In conjunction with the Pickering Accessibility Advisory Committee, they develop and review the City's Accessibility Plan and the Annual Report on Accessibility. Marisa Carpino, Director, Culture & Recreation John Hagg, Fire Chief Kathy Williams, Director of Public Services, Pickering Public Library Judy Hodgson, Division Head, City Administration Dale Quaife, Manager of Library Technologies Darrell Selsky, Manager, Capital Projects & Infrastructure Jon Storms, Manager, Information Technology Nilesh Surti, Manager, Development Review & Urban Design . Kim Thompson, Manager, By-Law Enforcement Services Don Woolley, (Acting) Manager, Operations & Fleet Services Sharon Milton, Supervisor, Recreation Services Marcos Moreira, (Acting) Supervisor, Facility Operations Dave Marlowe, Accessibility Coordinator Michelle Montgomery, Coordinator, Health & Safety Page 26 of 27 265 266 Definitions The definitions provided are those used in the Ontario Human Rights Code, the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005. barrier-means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physicai barrier, an architectural barrier, an information or communication barrier, an attitudinal barrier, a technological barrier, a policy or a practice; ("obstacle") disability-means a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of p~rc31ysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, b) a condition of mental impairment or a developmental disability, c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, d) a mental disorder, or e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; ("handicap") Page 27 of 27 268 Report CR 1 0-14 June 9, 2014 Subject: Advertisin.9 at City Facilities revenues to the City of Pickering within 30 days of the anniversary date of the agreement. Page 2 In conjunction with staff's review of the company's previous work experiences and references, the Culture & Recreation Department recommends the proposal No. RFP-5- 2014 submitted by Boardview Advertising Inc. be accepted and the Licence Agreement ·be initiated with Boardview Advertising Inc. for advertising at City facilities for the period of July 1, 2014 to June 30, 2017. Financial Implications: The revenue to be generated from the Licence Agreement with Boardview Advertising Inc. is guaranteed to be a minimum of $33,000.00 per year (plus HST). For advertising revenues that exceed the minimum guarantee of $33,000.00 per year, Boardview Advertising Inc. will provide a set portion of those revenues to the City of Pickering within 30 days of the anniversary date of the agreement. Therefore, the total minimum revenue that will be provided to the City of Pickering will be $99,000.00 over the 3 year term. The total advertising revenue coUected by the City of Pickering from the expired Facility Advertising Licence Agreement was $15,000 (plus HST) in Year 1, $17,000 (plus HST) in Year 2, $20,000 (plus HST) in Year 3 and $22,500 (plus HST) in years 4 and 5. Therefore, the total revenue collected by the City of Pickering was approximately $97,000 over the 5 year term (April1, 2009 to March 31, 2014). Discussion: The Licence Agreement for Advertising at City Facilities expired on March 31, 2014. For this reason, the City of Pickering prepared and posted Request for Proposal No. RFP-5-2014 on the City's website on March 18, 2014 inviting prospective proponents to submit proposals by the deadline of April 7, 2014. A mandatory site meeting was held on Wednesday, March 26, 2014 and two companies attended of which two proposals were submitted by the closing date and time. The Licence Agreement for Advertising at City Facilities is for a three year term from July 1, 2014 to June 30, 2017 (inclusive) with an option in favour of the City to extend the Licence Agreement on the same terms and conditions for two, one year optional terms. Under the terms of the Licence Agreement, Boardview Advertising Inc. is to install and maintain advertising devices at various City's facilities for advertising purposes. Applicable City facilities within this agreement include the Pickering Recreation Complex (Arena, Weight Room, Aquatic Centre, Fitness Studios and Tennis Area), East Shore Community Centre, Dunbarton Indoor Pool, Don Beer Arena and Petticoat Creek Community Centre. Boardview Advertising Inc. is responsible to install and maintain media devices at no cost to the. City of Pickering. These devices may include framed advertising, split screen TV monitor advertising, rink board signs, illuminated displays and televisions with advertising panels. The City of Pickering reserves the I · · r (2._ {v -1 'f· ATTACHMENT#_ TO REPORT#_:':::::~ THIS LICENCE AGREEMENT made as of July 1, 2014. BETWEEN: BOARDVIEW ADVERTISING INC. (the "Company") -and- THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS the City has agreed to allow the Companyto licence certain areas of the City's Pickering Recreation Complex and Arena, Don (3~erArena, East Shore Community Centre, Dunbarton Indoor Pool and Petticoat Cr¢~k Community Centre for advertising purposes; NOW THEREFORE the City and the Company agfe~ ~s follows: Interpretation 1. In this Licence, "Arenas" mea.nsthose portions of the Pickering Recreation. Complex at 1867 Valley Farm Road, Pickefing (Detapey and O'Brien Arenas) and the Don Beer Arena at 940 Dillingham Road, Pick~ring (Pads 1, 2 and 3) used for ice skating and ice hockey purposes, whetherbr 11ot they are actually being used for those purposes at any time; "Arena Boards" means tbe playing surface side of the boards surrounding the Arenas; · · "Advertising Devices" means the wall advertising panels, display cases and panels ·in designated locations at the Don Beer Arena and the Pickering Recreation Complex Arena; and "Term" means the term of this Licence Agreement as set out in Section 4. 2. The headings of articles are for convenience of reference only and are not intended to limit, enlarge or otherwise affect their meanings. 3. Unless otherwise specified, references in this Agreement to Sections and Schedules are to Sections and Schedules in this Agreement. 270 Term 4. The term of this Licence shall be three (3) years commencing on July 1, 2014 and ending on June 30, 2017, provided that, at the expiry of the original term, the City shall have (i) the option to extend the term for an additional year (July 1, 2017 to June 30, 2018), and (ii) the further option, at the end of the first additional one year extension, to extend the term for a further one year (July 1, 2018 to June 30, 2019). The word "Term", when used in this Agreement, shall mean the original term plus any extension thereof. Licence Fees 5. The Company shall pay to the City the greater of the amounts, plus applicable HST, set out in (a) and (b) below: a) Sign Type: Amount per AnnurnPer Sign: Digital TV Lobby Sign Ice Sign Rink Board Wall Signs Zamboni Sign b) Minimum Yearly Sum: Licence Year $150 $150 $450 $400 $350 $100 Year 1 (July 1, 2014-June 30,2015) Year 2 (July 1, 2015 -June 30, 2016) Year 3 (July 1, 2016-June 30, 2017) Option Year 1 (July 1 2017 -June 30, 2018) Option Year 2 (July 1 2018-June 30, 2019) .. Minimum Fee $33,000.00 $33,000.00 $33,000.00 $33,000.00 $33,000.00 c) Should there be a difference between the amounts set out in 5(a) and 5(b) of this Agreement, the Company agrees to pay the City the greater of the amounts set out in 5(a) or 5(b)within thirty days of the anniversary date of this Agreement. 6. The Company shall paythe City without any deduction, set-off or abatement except as expressly provided under this Licence, 100% of the Minimum Yearly Sum set out in Section 5(a) and 5(b)in equal monthly installments on the 1st day of each month of the Term commehcing)uly 1, 2014. Year End Statements 7. The Company shall within thirty (30) days after the end of each year of the Term provide the City with a statement for the previous year's total gross billings as well as a statement by a firm of Chartered Accountants verifying the accuracy of the said statement of gross billings. Any adjustment in the amount of the licence fee payable by the Company under Section 5 shall be made on or before the 31st day of July of the next year of the Term, and in the case of the year 2017 on or before the 30th day of 2 271 Section 2-Split Screen Monitor Advertising (City Schedules and Advertising) Size/Style* Vendor to provide recommendations. The City of Pickering reserves right of refusal on all advertising. Vendor to provide monthly inventory of all booked spaces. City to retain rights to fill any empty spaces with City/Sponsor Advertising Facility Qty Location Pickering Recreation Complex Arena 2 Main Entrance on way into rinks Pickering Recreation Complex 5 One for each public and family change Aquatic Centre room Pickering Recreation Complex 1 Above or beside aquatic viewing A_quatic Viewing Pickering Recreation Complex 2 On on each floor above entrance to Fitness Studios studios East Shore Community Centre 1 Second floor lobby Petticoat Creek Community Centre 1 Above reception counter .··. Don Beer Arena 3 Outside each ice pad •··· .. · .< Pickering Recreation Complex Lobby 2 One afeach of north and west doors Dunbarton Pool 1 Waiting area Lobby ': ,· Dunbarton Pool Changerooms 2 In changerooms Section 3 -Replacem~ryt/Addition ofAdvertising Board with digital monitor in center Size/Style* Vendor to provide recommendations. City of Pickering reserves right of refusal pn all advertising. Vendor to provide monthly inventory of all booked spaces. City to retain right§ to fill any empty spaces with City/Sponsor Advertising. · · · Facility · ...•... Qty Pickering Recreation Complex 1 Arena (replacement) Pickering Recreation Complex 1 Change room Hallway (replacement) ' Pickering Recreation Complex 1 Weight Room (addition in _place of existing bulletin board) Petticoat Creek Community Centre (addition in place of existing bulletin board) 1 East Shore Community_ Centre (in place of existing bulletin boards) 2 Don Beer Arena 1 (replacement) 4 273 Section 7-Restroom Partition Advertising City of Pickering reserves right of refusal on all advertising. Vendor to provide monthly inventory of all booked spaces. City to retain rights to fill any empty spaces with City/Sponsor Advertising. Facility Qty Pickering Recreation Complex Arena 38 Pickering Recreation Complex Lobby .. 2 Pickering Recreation Complex Second Floor 14 Pickering Recreation Complex Banquet Halls .' 16 . Pickering Recreation Complex Family Changerooms 2 ·.·. Pickering Recreation Complex Member Changerooms 7 Pickering Recreation Complex Public Changerooms 8 .. East Shore Community Centre ... ; :· 22 West Shore Community Centre .. 4 .... ·. · .. Petticoat Creek Community Centre .. 10 ... . . Don Beer Arena .··· ... ' 45 Dunbarton Indoor Pool 3 S f 8 Ch ecton -ange R oom Wh·t b d Je oar s Facility .... \ '·.· ·.· · .. ·. Qty Pickering Recreation Complex Arena 12 Don Beer Arena Arena 1-2~3 Dressing Rooms 18 11. The Company shall, at n·o cost to the City, supply all labour, materials, tools, equipment, appliances, travel and freight to perform the services required to implement its right to advertise~ 12. Advertisements placed on the Arena Boards shall be made of a water-resistant substance capable of withstanding the normal wear and tear associated with such Arena Boards, without tearing or being damaged in such a manner as to adversely affect the surface of the Arena Boards. 13. The Company shall place all advertisements at its own cost and at time or times and in a manner or manners satisfactory to the City. 6 275 14. All advertisements on the Arena Boards and the Advertising Devices identified in Section 1 0 other than Item 2 shall be supplied and installed by the Company and shall remain the property of the Company despite the fact that they may be affixed to City property. The proposed new advertising devices as described in Sections 1 through 8 of the Agreement shall remain the property of the Company despite the fact that they may be affixed to City property. 15. The Company shall be responsible for the maintenance of the Advertising Devices including the replacement of electric bulbs and tubes and will attend to any damage done to such devices within 48 hours of the City notifying the Company of such . damage. The City shall inform the Company of any damage to the Advertising Devices immediately following acknowledgement of such damage. All of the foregoing to be done at no cost to the City. The City shall supply, install and maintain all required electrical service, including all conduit and cable to all the advertising devices at no cost to the Company. 16. The Advertising Devices identified as ltem2and Item 4 in Section 10 shall be supplied by the City at no cost to the Company. SuchAdvertisingDevices shall remain the property of the City and be maintained by thef.City, inclodirig the replacement of tubes and bulbs, despite any right or obligation respectir;Jg: gnanted to or imposed upon the Company under this Agreement. ·· < · 17. All advertisements placed on Advertising Devices owned by the City shall be made of "Lexan" or a material of similar weight and properties. ThEfG.ity reserves the right to reject any material it deems to be unsatisfactory and the Company shall replace with an approved alternative;< ,' ':. 18. Notwithstanding $edion 17, tbeCompany shall not install Advertising Devices in places where, inlhe City's opihion, they cannot be conveniently or safely installed. 19. The Company shaiikeepin?98ocJ iepair~ndmaintain at all times the advertising and Advertising Devices so that same shall not constitute a hazard. The Company shall ensure that all such repa:ir~·'TT1eet all applicable requirements of municipal and government authorities. · · 20. The Company shall not construct, build, erect or install any improvements or fixtures on any City property without the prior written approval of the City. 21. The Company will make one space available to the City in each advertising device bi- annually for such publicity· as the City from time to time desires, relative to its undertaking or other matters of public interest and place such advertisements at the Company's own cost. 22. No advertisement on either the Arena Boards or Advertising Devices shall advertise, promote or mention in any way, 276 (a) (b) cigarettes, cigars or any tobacco product; liquor, wine, beer or any other alcoholic beverage; 7 (c) soft drinks, fruit drinks, potable waters, flavoured milks or any other non- alcoholic beverage, including any syrup and preparation from which they may be made, except those which from time to time are manufactured and sold or distributed and sold by Coca-Cola Ltd.; (d) fitness clubs, health and wellness facilities and/or competitive services with prior consent from the City; (e) refer to matters of questionable taste in reference to its content or presentation; (f) offensive and/or racial matters; (g) the endorsing or advocacy of, or oppositionto, a political point of view, policy or actions, and/or any advertising which tends to disparage. a candidate, party or cause; or (h) religious advertising which promotes a specific ideology, ethnic/point of view, policy or action, which, in the opinion of the City might be deemed prejudicial to other religious groups or offensive to uses of City property; 23. An advertisement can advertise, prornote or mention, (a) (b) (c) a name of any political part}tand/or advocating the candidacy of an individual provided the content is in keeping with all guidelines and that the message centers on the candidate's name, and party affiliation, the office being sought, election date or other Sl.JCh information pertinent to the election, whether municipal, federal or provincial; information to the public informing them of the specifics relating to a meeting, gatt1ering or event if the information is confined to subject, name of speaker, location, gate and time of event; and information related to religious matters designed to promote a specific meeting, gathering or event, if the information is confined to subject, name of speaker, location, date and time of event. 24. The Company acknowledges that the City is guided by the Canadian Code of Advertising Standards, however, the City is the sole and final arbiter in all matters relating to the advertising in or on City property. The City may refuse or order removal of any message at any time, at its discretion. 25. Any advertisement placed in and/or on the Arena Boards or Advertising Devices shall be of moral and reputable character and the Company shall forthwith remove any advertisement that the City, in the reasonable exercise of its discretion, desires removed. 8 277 Indemnity 26. The Company shall indemnify and save harmless from any and all manner of actions, causes of actions, suits, damages, losses, costs, claims and demands of any nature whatsoever arising during the term of this Agreement out of: (a) (b) (c) (d) (e) (f) any actual or alleged libelous or obscene advertisement or notice or any actual or alleged copyrighted matter in any advertisement notice; any injury or death to any person resulting from the work herein described; any liability which might arise from any breachpfthe municipal, provincial or federal regulations, ordinances, by-laws and law~; any debts or obligations contracted by the Company orits ~mployees in conjunction with the performance of this Agreement; the placing and/or removal of any advertisements on the City property; or any claim being made by any person against the City in connection with the advertising. 27. The obligations of the Company tb ind~hJnifythe City under the provisions of Section 26 with respect to liability by reason,()f any matter arising during the Term shall survive any termination of this Licence. Nothing in thisSeCtiof'l shall create or extend any right for the benefit of any third party. · · · Insurance 28. The Company shall, throughoutthe Term, at its sole cost and expense, take out and keep in forc~and effect the following in~urance: 29. 278 (b) (c) Com~r~hensive liability insurance of not less than five million ($5,000,000) per occl1treJ1ce which shall inclu.de contractual liability coverage for liability including clairns that might be brought against the City by any employee of the Company or any sub-contractor; . ,'.;, A.otomobile liability insurance of not less than two million ($2,000,000) per ocdJrreng~<ir{respect of each owned or leas.ed license vehicle for liability inciLidingch:ilms that might be brought against the City by any employee of the Company or any sub-contractor; and Advertiser's liability insurance which shall include contractual liability coverage for liability including claims arising out of libel, slander, unauthorized use of ideas or other materials and invasion of privacy. The policy shall include The Corporation of the City of Pickering as an additional insured in respect of all operations performed by or on behalf of the Company. 9 30. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. 31. The Company shall provide a Certificate of Insurance to the City upon request and if the City is not provided with a copy of the policy or a renewal thereof during the Term, at least thirty (30) days prior to its expiration date, then the City may arrange for the required coverage at the expense of the Company, which may be recovered from amounts owed to the Company. Assignment 32. The Company shall not assign or sub-licence all or any portion of this Licence Agreement without the City's consent. Default 33. If the Company is in default of any paymentto the City and such default has continued for a period of thirty (30) days following writlef1 notice to the Company, the City may elect to terminate this Licence Agreement ahd remove aHadvertising from the Arena Boards and/or the Advertising Devices without furthernotice to the Company. Notice 34. All notices, demands, requ13sts, objections and payments which may be or are required to be made orgiven pursuant to this Licence Agreement shall be sufficiently given if served personally upon the party or any executive officer of the party for whom it is intended, ormailed, prepaidand registered, and in the case of the City, addressed to it at: The Corporation ofthe· City of Pickering · . Attention: City Clerk Pickering Civic Complex · One The Esplanade Pickering, Ontario L 1V 6K7 and in the case of the Company: Boardview Advertising Inc. or at such other address as the parties may from time to time advise by notice in writing. The date of receipt of any such notice, demand or request shall be deemed to be the date of delivery if such notice, demand or request is served personally or, on the second business day next following the date of such mailing if mailed as aforesaid. 10 279 282 RFP-5-2014 Request for Proposal Advertising at City Facilities Stage 1 '--Evaluation Form Stage I will consist of a review to determine which proposals comply with all of the _ mandatory requirements. Proposals failing to satisfy the mandatory requirements as of the Submission Date will-be provided an opportunity to rectify any deficiencies. · Proposals failing ~o satisfy the mandatory requirements as of the Rectification Date Will be excluded from further consideration. · · Proposals are to include the following mandatory requirements: A. Proponents should submit one (1) original copy and four (4) hard copies using Aria!. 12 font, printed double sided, fastened at one corner (no cerlox or other binding) in a sealed package. One page is one side of a two sided page. A double sided page counts as two (2) pages. (Part 3 -.Item 3.1.2) -,B. Acknowledge Addendum (Appendix B -Item 5) C. Submission Form (Appendix B) D. Rate Bi<] Form (Appendix C) E. Reference Form (Appendix D) . F. A Table of Contents with page numbers and identification of all materials included in the Proposal should be provided. Sections shall have titled index tabs. · The Proposal shall contain the following information and must be arranged in the · following order listed below: G. Section A-Company History-Maximum 1 page H. Section B -Profile information and identification of the proposed team members including their qualifications and experience-No page limit. I. Section C -Overall Business Plan Summary-Maximum 5 pages J. Section D-Added Benefits Incentives-Maximum 3 pages K. Section E -Example of three (3) similar projects is. the last consecutive five (5) years -Maximum 2 pages _ L. Section F -Revenue -the proponent's submission must include a detailed revenue proposal including a plan for monthly payment. Maximum 1 page Item Company A B c D E F G H I J K FUturesign Multimedia ./ . .;-./ ./ ./ Displ~y ./ ./ ./ ./ ./ ./ Boardview Advertising ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ L -./ -./ Kequesuor Proposal No. Krl-"-b-lU14 Advertising at City Facilities Evaluation Form·-Stage II The following is an overview of the categories and weighting for the rated criteria of the RFP. . ·D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the RFP. Proponents who do not meet a minimum threshold score for a category will not proceed to Stage Ill of the evaluation proce·ss. · Rated CrJteria · ca-tegqry · w~!g~~tirg ' ~.. . '. -. -''. <.(Point~) ... .. . . · .. .. Company History and Profile Information 5 Overall Business Plan Summary 30 Added Benefits Incentives 10 Similar Projects & References 5 Quality and Completeness of Proposal 5 Pricing-Total Guaranteed Revenue 45 Total Points 100 Company History-5 Points • Demonstra~ed qualifications and experience of the Proponent and its proposed sub Proponents and partners, in delivering the media deployments; and, . • Org'anization, references and quality management practices, policies, and commitment of Proponent's senior resources and key personnel to its fulfilment of its responsibilities. • Minimum 5 consecutive years experience within the advertising field Overall Business Plan -30 Points The overall business plan must include but not be limited to the following .sub- sections: • an implementation program and schedule; · • marketing plan; and, • sales projections. If a sub-Proponent is to be used, the arrangement of the group and the distribution of the work must be described. The business plan must also contain sufficient information to indicate a sound understanding ofthe services that the Proponent is intending to provide. Visuals (e.g., photographs, display boards etc.) may be used. 283 284 Kequest ror l"'roposat NO. Kt-l"'-o-AW14 Advertising at City Facilities Evaluation Form -Stage II Each Proponent will receive a percentage of the total possible points allocated to price for the particular category it has bid on by dividing that Proponent's price for that category into the lowest bid price in that category. For example, if a Proponent bids $120.00 for a particular category and that is the lowest bid price in that category, that P'roponent receives 1'00% of the possible points for that category (120/120 = 1 00%). A Proponent who bids $150.00 receives 80% of the possible points for that category (120/150 = 80%), and a Proponent who bids $240.00 receives 50% of the possible points for that category (120/240 =50%). Lowest lump sum price x Total available points = Score with second-lowest lump sum price Second-lowest lump sum price Lowest lump sum price x Total available points = Score with third-lowest lump sum price Third-lowest lu,mp sum price And so on, for each proposal. 290 Report CR 11-14 June 9, 2014 Subject: Tender for Back Up Chiller for Pickering Recreation Complex Page 3 electricity costs of $28,184.00. The chiller has been identified for upgrade with the intention of replacing it with a lower capacity A/C chiller to provide improved efficiency at nominal air conditioning loads. I. B. Storey Professional Energy Solutions were retained by the City of Pickeringto complete a study and make recommendations for the most cost effective and energy efficient replacement chiller. I. B. Storey issued their final report entitled Pickering Recreation Complex; Comparative Analysis Briefing Report dated December 3, 2013. In that report, a Magnetic Bearing Centrifugal Chiller complete with VFD and Floating Head Control was identified as the recommended option that met all of the criteria of the study. The recommended equipment will provide reduced annual maintenance cost. and annual electricity cost savings in the order of $13,000.00. Chillers typically operate at 80% full load or higher.for less than 5% of the year; Part load efficiency is the largest contributing factor to cost savings. The VFD increases the chiller efficiency significantly during times of part loading. The Magnetic Bearing reduces maintenance as the unit does not require oil for lubrication or cooling. Bids have been received to the tendering call, which closed on Wednesday, April 30, 2014 for the supply and installation of a new back up chiller at the Pickering Recreation Complex. A mandatory site visit was held on Tuesday, April15, 2014 and 11 bidders attended of which 5 bidders submitted a tender for this project. The low bidder, Canadian Tech Air Systems Inc., has submitted a copy of the Health & Safety Policy to be used on this project, a copy of the current WSIB Workplace Injury Summary Report and Clearance Certificate issued by WSIB that are acceptable to the Coordinator, Health & Safety. Certificate of Insurance is deemed acceptable to Manager, Budgets & Internal Audit. I.B Storey (project engineers) reviewed the submission of Canadian Tech Air Systems Inc. and has deemed it acceptable. Upon careful examination of all tenders and relevant documents received, the Culture & Recreation Department recommends the acceptance of the low bid submitted by Canadian Tech Air Systems Inc. for Tender No. T-2-2014 in the amount of $217,864.00 (HST included) and that the total net project cost of $277,398.00 be approved. Attachments: 1. Location Map. 2. Supply & Services Memorandum dated May 5, 2014. 3. Letter of Recommendation dated May 14, 2014 as prepared by I. B. Storey Inc. 4. "Pickering Recreation Complex: Comparative Analysis Briefing Report" dated December 3, 2013 as prepared by I. B. Storey Inc. / (g) Waf?te Management Plan to be used on this project in accordance with Tendering Specifications Item 19. Please include the following items in your Report to Council: (a) if item$ (a) through (e) noted above, are acceptable to the Co-ordinator, Health & Safety; (b) if item (d)-Insurance-is acceptable to the Manager, Finance & Taxation; (c) if item (f) and (g) noted above are acceptable to you; (d) any past work experience with the low bidder Canadian Tech Air Systems Inc. including work location; (e) without past work experience·, if reference information is acceptable; (f) the appropriate account number(s) to which this work is to be charged; (g) the budget amount(s) assigned thereto; (h) Treas!Jrer's confirmation of funding; (i) related departmental approvals; and U) related comments specific to the project. I. B. Storey Professional Energy Solutions Inc. as the consultants on this project will be reviewing submissions and making recommendations to you. The consultant should also review carefully all submittal information based on tendering instructions. If the consultant notices any infractions or information missing during the evaluation, please contact a member of Supply & Services as soon as possible. Duplicate copies of the bids are attached for the consultant's use. Please do not disclose any information to enquiries except you can direct them to the City's website for the unofficial bid results as read out at the public tender opening. Bidders will be advised of the outcome in due course. _If Yf~ require further information, please feel free to contact me or a member of Supply & SeR 1 tees. _ _ - I , -_j . c_VAF~ - Attachments .May 5, 2014 Tender No. T-2-2014 294supply and Installation of a New Back Up Chiller- ·Page 2 Pirk-.:>rinn R.:>rrP-;:~tinn r.nmnlr=>Y I I Bidder BaseBid · Yo.rk,Model No. ·. ·· YMC2-T0756AA Summary HST Included Option 1 Multistack Maglev Model No .. MS242FC Option2 · · Arctic Cool Chillers Ltd~ Model No. ACW220BT4022 Total After · Total After Total After Calculation Clleck Tendered . Calculation Tendered Calculation Tendered Amount Check Amount Check Amount Ac.ansaditq~ Te,ch I $217,864.00 ,:,,;:$~1~./d&~/6&,;1 $242,498.00 I $242,498.00 I $227,796.70 I $227,796.70 1r ys ems nc. . , '.:-::::' . :. ''::',' : ' Prairie Plumbing Ltd. $265,599.72 I $265,599.72 I $304,935.02 I $304,935.02 I $282,323.72 I $282,323.72 1747204 Onta.rio Inc A.CE 1 $293,68TOO 1 $293,687.00 Serv1ces!Tas1s Group Inc. No Bid No Bid Bird Mechanical ' $353,464.00 1 $353,464.00 I $383,070.00 I $383,.070.00 I $353,464.00 Inc. $353,464.00 lntegracon Inc .. I $371,318.00 I $371,318.00 I $413,015.00 I $413,015.00 May 5, 2014 Tender No. T-2-2014 Supply and Installation of a New Back Up Chiller- Pickering Recreation Complex No Bid Option 2 L() 0> N Daikin Magnitude Chiller · Model No. WMC250D/E2609- 2LA/C2209-2LA · Total Tendered Amount After Calculation Check f\!o Bid No Bid No.Bid $380,584.00 I $380,584.oo No Bid · Page 3 )~ CR \\ -IY- 1 I-=~-=--==·-""" PICKERING RECREATION COMPLEX COMPARATIVE ANALYSIS BRIEFING REPORT PICKERING, ON DECEMBER 3R 0 , 2013 VERSION 1.0 Prepared by: I. B. Storey Inc. Email: info@ibstorey.ca Website: www.ibstorey.ca ATLANTIC OFFICE: 51 University Ave., Suite 302 Charlottetown, PE ClA 4K8 Phone: 902-367-3545 Fax:902-367-3546 ONT ARlO OFFICE: 400 Applewood Crescent, Suite 100 Vaughan, ON L4K OC3 Phone: 416-800-1482 Fax: 647-438-5707 CONFIDENTIAL & PROPRIETARY 297 APPENDIX AI: ROTARY SCREW CHILLER CONFIDENTIAL & PROPRIETARY YORKm YVWA VARIABLE-SPEED, WATER-COOLED, SCREW CHILLERS Infinite chiller config[Jrations to help you achieve your goals Johnson ~jf Controls 303 Y RK. YVWA variable-speed, water~cooled, screw chillers Continuing a history of engineering innovations that meet your requirements Building requirements are constantly evolving. To keep you ahead of the curve, Johnson Controls has developed numerous technological innovations for our YORK® chillers. When some refrigerants were identified as ozone depleters, we adapted our chillers to us~ compounds that are friendly to the environme.nt. When electricity prices began to escalate, we developed enhanced tubes and variable- speed drives that slashed energy use. And when the industry was looking for ways to recover energy, we developed a full line of heat-recovery chillers. To help you meet today's challenges, Johnson Controls designed the YORK YVWA chiller. This cutting-edge design uses a number of engineering advances to address four primary requirements of building owners and designers-efficiency, application flexibility, sustainability, and confidence. ~012 DEALER DESIGN AVlARDS When electricity prices escalated, Johnson Controls pioneered enhanced tubes for our YORK chillers. The YVWA chiller addresses four primary requirements-efficiency, application flexibility, sustainability, and confidence. Like all screw chillers, the YVWA chiller is capable of handling higher pressure lift than a centrifugal chiller. As a result, a thermal-storage application that requires glycol to be chilled to l4°F, or a heat recovery or heat-pump application that requires water to be heated to 150°F, are within the capabilities of the YVWA chiller. However, unlike ordinary screw chillers, the YVWA chiller has the flexibility to handle these high-lift applications with the highest efficiencies available. The difference is its variable-speed drive which constantly tunes the compressor speed to the exact lift and load requirements. The remarkable flexibility offered by the variable- speed technology also allows the YVWA chiller to utilize a wide range of heat-rejection methods: in addition to an open cooling tower, you can also use a closed-circuit cooling tower, a dry cooler, or an adiabatic cooler, all with the peace of mind that the YVWA chiller is giving you the highest efficiency possible. The YVWA chiller can efficiently handle the low evaporator pressure required for ice thermal storage. (Photo courtesy of Baltimore Air Coil) The YVWA can be used in heat-pump applications producing hot water for high-volume users such as hospitals and hotels. Reach greener goals. Start with a smaller footprint Why should you pay an economic penalty for being environmentally friendly? Unlike competitive chillers, the YVWA chiller does not make you choose between saving money and saving the environment. The YVWA chiller reduces environmental impact in two ways: directly, by managing refrigerant charges and the potential refrigerant leak points; and indirectly, by minimizing power-plant C02 emissions, which are responsible for 98% of the Global Warming Potential associated with chillers. To reduce the direct effect, the YVWA chiller uses HFC-134a refrigerant, which has no ozone-depletion potential and no phase-out date. We also reduced the number of fitting, joints, and other potential leak points by 35% compared to conventional compressor designs. Plus, our proprietary falling-film evaporator design allows refrigerant charge to be reduced by as much as 30% compared to conventional designs. The indirect effect is addressed through the superior energy performance of the YVWA chiller, which cuts the energy that the power plant needs to produce and reduces emissions by as much as 30%. Finally, the YVWA chiller makes it easy for you to earn points in the LEEO® green-building certification program. Reduce direct emissions with the YVWA's falling-film evaporator, which reduces refrigerant charges by up to 30%. (Photo courtesy of the LTCM Jab of the Ecole Pa/ytechnique Federale de Lausanne, Switzerland) The efficiency of the YVWA chiller can reduce your environmental footprint. Less electricity has to be generated, which means greenhouse-gas emissions created by the power plant are reduced by as much as 30%. Capable hands. World-class partner. You can be sure you are making the right choice when you select the YVWA chiller. Our experience --- is unsurpassed. Johnson Controls invented variable-speed-drive technology for water- cooled chillers in 1979. We also introduced the industry's first variable- speed, air-cooled, screw chiller in 2004. By 2010, our installed base exceeded 2,500,000 TR in over 100 countries. With all units combined, we have more than 20,000 years of field experience. The YVWA chiller uses the same variable-speed compressor, so you can trust the chiller will perform as expected in your application. We also offer the proven support of the world's largest service organization. Johnson Controls employs over 15,000 technicians in over 150 countries, bringing decades of variable- speed chiller experience to your door. Nobody can tailor and tune a variable-speed, water- cooled, screw chiller to match the unique requirements of your application better than Johnson Controls. To learn more about the YORK YVWA chiller, go to johnsoncontrols.com/yvwa. Or locate your nearest Johnson Controls office atjohnsoncontrols.com/locations II> 5o,ooo 1110,000-50,000 !ill5,000-10,000 1,000-5,000 YORK variable-speed, air-cooled screw chillers in use, by cumulative capacity (tons). Our 15,000+ service technicians in 150 countries provide chiller expertise to keep your facility running smoothly. © 2012 Johnson Controls PUBL-6896 (212) Supersedes: Nothing Johnson Controls Inc, Building Efficiency, P.O. Box 423, Milwaukee, WI 53201 Johnson Controls reserves the right, in line with continuing research and development, to amend or change specifications without notice. 314 Johnson ~Jt~ Controls · APPENDIX A2: CENTRIFUGAL CHILLER CONFIDENTIAL & PROPRIETARY 315 316 Best route to reat~world energy performance YORK• MODEL YK CENTRIFUGAL CHILLERS ~YORK BY JOHNSON CONTROLS 318 Take advantage of colder entering-condenser water Unlike competitive chillers which require entering condenser-water temperature (ECWT) from the cooling tower to be held artificially high, YORK YK centrifugal chillers can utilize ECWT as low as 55°F (13°C). The lower ECWT reduces the compressor workload, and that can reduce instantaneous energy consumption as much as 50%. Powerful control center saves energy YK chillers feature the OptiView"' Control Center, which uses microprocessor capabilities to save you energy. Operation at just 1 a below the designed chilled- water-temperature setpoint can increase chiller energy consumption by as much as 3%, wasting thousands of kilowatt-hours and dollars each year. The digital precision of the OptiView Control Center lets you set chilled-water temperature to a resolution of ± 0.1 °. As a result, you eliminate the energy wasted by drifting a degree or more from the setpoint. The OptiView Control Center can also be used to schedule daily operating hours and holidays. No longer is energy accidentally wasted cooling the facility when it's not needed. The OptiView Control Center helps you operate your YORK YK chiller more efficiently by allowing for the precise setting of chilled-water temperature and operating schedule. 3 Maximum control with OptiViewru Control Center Easy to operate The intuitive, full-color OptiView Control Center offers you a higher level of monitoring and control. Data input is foolproof, and data outputs are shown in association with illustrations of the appropriate chiller components. For convenience, all data can be displayed in eleven different languages, in addition to Imperial or Sl units. Easy to monitor The OptiView Control Center allows on-board trending of up to six different values, selected from over 100 variables. The values and sampling interval are all user-selectable. This flexibility allows you to select parameters that are critical for your operation and to perform trending without a BAS interface and separate monitor. Easy to integrate Energy savings and ease-of-use can be fully realized when the HVAC system is an integrated part of the building-automation system. The OptiView Control Center is designed to communicate with the Johnson Controls Metasys0 system. It can also communicate with most control systems on the market today using its optional Elink communication card. Data outputs on the OptiView Control Center are accompanied with an illustration of the appropriate chiller component, making chiller operation more intuitive. The trending screen provided performance insights not possible with snap shot observations. 4 319 320 Versatile design provides superior sustainability and flexibility Environmental responsibility The environmental impact of your chiller can be significant. You can reduce your impact by specifying YORK YK chillers. You'll get the benefit of refrigerant HFC-134a, which has zero ozone depletion potential (ODP). Plus, the high efficiency of the chillers reduces the indirect global warming potential (GWP), which is 98% of the total impact, caused by greenhouse-gas emissions produced by your utility to power the chiller. In addition, because of the chillers' high efficiency, your building could earn points for the Optimize Energy Performance (EAcl) credit in the Leadership in Energy and Environmental Design® (LEED) program. Falling-film technology, utilized in the evaporator of YK chillers, reduces the refrigerant charge by up to 40%. It is available in YK chillers up to about 1,000 TR (based on conditions), and will help your building to qualify for maximum LEED points for Enhanced Refrigerant Management (EAc4). Reduced noise levels Traditional centrifugal chillers can generate a substantial amount of objectionable noise, but the YORK YK chiller is equipped with the innovative OptiSound""' Control, which reduces noise at off-design conditions. The control continuously monitors the characteristics of the compressor- discharge gas and optimizes the diffuser spacing of the compressor to minimize noisy gas-flow disruptions from the impeller. Chiller operation is also stabilized. Flexible heating option The YORK YK chiller can also be configured as a heat- recovery chiller, for use in facilities with simultaneous heating and cooling requirements. The heat-recovery unit takes advantage of the free heat that is typically rejected by the cooling towers. The heat can be used to control humidity, reheat the air, and preheat domestic hot water. Heat-recovery units have outstanding heating coefficients of performance that can reach up to 11.4. Quick restart and return to setpoint The Quick Start feature available on the YORK YK chiller reduces the risks that temperature-sensitive facilities experience after a power interruption. YK chillers equipped with this feature restart and return to the specified chiiled-water temperature faster, reducing the risks of expensive downtime. A falling-film evaporator is more efficient because refrigerant is sprayed over the tubes, reducing refrigerant charge up to 40%. The YK chiller is available in a heat-recovery configuration. Recovered heat can be used in the HVAC or domestic hot-water systems. 5 Maximum reliability with minimum maintenance OptiView Control Center keeps you well-informed The OptiView Control Center provides complete information on your chiller's operating condition. Safety-shutdown information includes day, time, cause of shutdown and type of restart required. Color-coding of fault messages allows easy determination of chiller status. Yellow messages signify shutdowns with automatic restart, requiring no operator intervention. Red messages are displayed for shutdowns requiring manual restart, alerting the operator that a system check may be required. The Trending Screen can show changes in motor current, oil temperature and pressure, refrigerant pressures, or water temperatures, all of which can be valuable indicators of developing problems. This capability gives you ample time to take corrective measures before any expensive downtime is incurred. With the OptiView Control Center, you can see when to schedule routine maintenance in advance of actual need. Open drive is easy to maintain The YORK YK centrifugal chiller uses an open-motor driveline, which means less downtime. If a motor failure occurs, the chiller can be brought back online much faster and at a reduced cost. The motor is easy to remove, and can be repaired at a local motor shop. As a result, downtime due to motor failure is dramatically reduced. Printed on recycled paper. PUBL-5187 (1010) Supercedes PUBL-5187 (908) © 2010 Johnson Controls, Inc. P.O. Box 423, Milwaukee, WI 53201 Printed in USA www.johnsoncontrols.com Electrical protection extends motor life Equipped with an OptiSpeed drive, the YK chiller starts "softly," never letting the inrush current exceed 100% of the full-load amps. By limiting the inrush, the motor windings do not rub together with expansion, which results in longer motor life and less chiller downtime. Lower inrush also reduces torque stresses on the motor and compressor drivelirie. Start maximizing today For more information on how YORK YK chillers can deliver real-world energy performance, visit johnsoncontrols.com or contact your Johnson Controls representative. Color-coded fault messages allow early determination of chiller status and required operator action. Johnson ~j{~ Controls 321 APPENDIX A3: MAGNETIC BEARING CENTRIFUGAL CHILLER CONFIDENTIAL & PROPRIETARY 326 Report CR 15-14 June 9, 2014 Subject: Pickering Recreation Complex Detailed Engineering Study Page 2 Project Briefing and Proposal in Attachment 2 of this report). Results of this study will become the basis of future tender documents for the Pickering Recreation Complex equipment replacement and integration which is included in the 2014 Capital Budget. The purpose of this report is two-fold: 1. City staff seek Council's authorization to enter into a Funding Agreement (set out in Attachment 1) with Veridian Connections Inc. for the purpose of completing a Detailed Engineering Study of the Pickering Recreation Complex. 2. City staff seek Councils approval to obtain the services of I. B. Storey Inc. at the cost of $47,800 (pre HST) in order to complete the detailed engineering study as a condition of the funding agreement. As per 10.05 of the Purchasing Policy PUR 010, staff must obtain Council's approval to engage the services of a particular consultant when the value exceeds $30,000. I. B. Storey Inc. is highly experienced in the complexities of executing a detailed engineering study that is in accordance with all OPA requirements and regulations. I. B. Storey has prepared a successful proposal on behalf of the City of Pickering and similarly has completed 14 detailed engineering studies for other clients which were fully funded by the OPA. I. B. Storey specializes in the upgrading of recreation facility mechanical systems and has unmatched expertise with energy savings and the integration of heating, cooling, ventilation and refrigeration systems. Financial Implications: The Ontario Power Authority's Industrial Program Initiative Process & System Upgrade Study Incentive covers 100% of the cost of the Pickering Recreation Complex Detailed Engineering Study which is in the amount of $47,800 (pre HST). Upon completion of the Detailed Engineering Study, the City of Pickering will be responsible to pay I. B. Storey Inc. to complete the Detailed Engineering Study and $50,000 has been allocated in account number 2731.2392 of the 2014 Current Budget for this purpose. Upon approval of all incentive conditions being satisfied, OPA will be responsible to reimburse the City of Pickering for 100% of the design study fees and $50,000 has been allocated in account 2731.9990 of the 2014 Current Budget for this purpose. Discussion: As of June 2013, City staff began a review of equipment at or near the end of its serviceable life cycle that would identify relationships between equipment that would merit an integrated approach. This integrated systems approach to facility management allows for reduced operating costs by maximizing desirable redundancies and reduced capital costs by decreasing the demand for energy, capital systems upgrades, repairs and replacements. CORP0227-07/01 revised Report CR 15-14 June 9, 2014 Subject Pickering Recreation Complex Detailed Engineering Study Page 3 City staff completed the SaveOnEnergy Process & Systems Detailed Engineering Study Funding Application entitled "Refrigeration Plant Upgrade and Heat Recovery" and submitted it along with the "Refrigeration Plant Upgrade Energy Savings Report" and the "Pickering Recreation Complex Project Briefing and Proposal" prepared by I.B. Storey Inc. to OPA for consideration in their Industrial Program Initiative Process & System Upgrades Initiative (2011-2014). This detailed engineering study will showcase the benefits of integrating existing systems at the Pickering Recreation Complex and making strategic upgrades to specific energy efficient equipment. This would include: • Currently waste heat from arena refrigeration and air conditioning equipment is released into the atmosphere via exterior cooling towers. This waste heat can be captured and used for water and/or air heating. This reduces energy costs. The cooling towers are aging and will require replacement in the near future but may be reduced in size and cost if waste heat is used for water and/or air heating. • The Pickering Recreation Complex will realize reductions in dehumidification energy costs, since these units can be integrated with chiller and refrigeration systems. • The integration of arena refrigeration equipment (compressors) with the facility's air conditioning system provides a backup to the chiller and cost effective cooling. The integration of a magnetic bearing chiller significantly reduces energy consumption. The installation and integration of new low friction arena refrigeration compressors with lower energy consumption. The key mechanical components of this integrated project include: • dehumidification units e domestic hot water tanks e heat exchangers • chiller (for air conditioning) • arena refrigeration compressors (for Delaney Arena) • cooling towers • system controls The Recreation Complex currently consumed 448,745m3 of natural gas and 4,854,869kWh of electricity in 2013 This energy consumption is nearly as much energy consumption of the City's other facilities combined. As such, the design study and subsequent plant modifications at the Pickering Recreation Complex will have a positive impact on our operation and will result in annual energy savings. CORP0227-07/01 revised 327 -2- (d) All payments hereunder are conditional on the Participant providing an invoice to the LDC together with sufficient documentation to support and substantiate the Participant Incentive payments. (e) In addition to the Participant Incentive, the LDC will pay any Applicable Taxes on the Participant Incentive. The Participant will provide to the LDC sufficient supporting documentation, as requested by the LDC, to facilitate and support the LDC in claiming input tax credits in respect of the Participant Incentive. In addition, if the LDC has reasonable grounds to commence a discussion, negotiation or challenge, in any manner whatsoever, with a tax authority regarding the validity of any Applicable Taxes imposed on the Participant Incentive, the Participant will provide such reasonable assistance ·as may be required by the LDC with such discussion, negotiation or challenge. For greater certainty, in no event shall the LDC be relieved of its obligations under this Agreement, including the LDC's obligation to pay Applicable T1J?(es as provided hereunder, pending the outcome of any discussion, negotiation or challenge with a tax authority. · 4. Reports. 330 (a) Draft Report (i) (ii) (iii) The Participant will submit a Draft Report to the Technical Reviewer, with a copy (in hard or searchable electronic format) to the LDC. The Technical Reviewer will communicate to the Participant how many days it will take the · Technical Reviewer to review the Draft Report. If the Technical Reviewer determines that the Draft Report reflects the Detailed Engineering Study Report Minimum Requirements and the Detailed Engineering Study SOW, the LDC will communicate the approval of the Draft Report to the Participant. If the Draft Report is not approved by the Technical Reviewer, the LDC will not pay any part of the Participant Incentive to the Participant and will communicate to the Participant the reasons (if and as provided by the Technical Reviewer) for not approving the Draft Report. The LDC may allow the Participant a reasonable period of time to address such deficiencies and to re-submit a Draft Report, provided that such revised Draft Report will remain subject to the terms and conditions of this Agreement If such ·revised Draft Report does not address such deficiencies to the satisfaction of the LDC and the Technical Reviewer on or before the earlier of (A) eight months of the date hereof and (B) December 31, 2012, unless otherwise agreed to by the LDC; this Agreement will terminate, the Participant will not be entitled to receive the Participant Incentive and the Participant will need to re-submit a new Detailed Engineering Study Funding Application to the LDC in order to participate in the Detailed Engineering Study Initiative. (b) Final Report (i) (ii) (iii) (iv) The Participant will submit to the Technical Reviewer, with a copy (in hard or searchable electronic format) to the LDC, the Final Report and all supporting receipts and invoices evidencing the cost incurred by the Participant to complete the Final Report within 60 days of the communication by the LDC of the approval ofthe Draft Report, unless otherwise agreed by the LDC. The Technical Reviewer will communicate to the Participant the estimated number of days it will take the Technical Reviewer to review the Final Report Ifthe Technical Reviewer de(ermines that the Final Report (A) reflects the scope of the study as originally detennined and as set out in the Detailed Engineering Study Funding Application and the Detailed Engineering Study SOW and (B) incorporates the comments made with respect to the Draft Report, the LDC will communicate the approval of the Final Report and the confirmation of the amount of the final instalment of the Participant Incentive payable to the Participant pursuant to Section 3(b )(ii). If the Technical Reviewer or the LDC disputes that the receipts or invoices submitted by the Participant reflect the actual costs incurred by the Participant, the actual costs incurred will be deemed for all purposes of this Agreement to be such amount determined by the Technical Reviewer or the LDC, as may be applicable, based upon their audit of such receipts and invoices. If the Final Report is not approved by the Technical Reviewer, the LDC will not pay any remaining Participant Incentive to the Participant and will communicate to the Participant the reasons (if and as provided by the Technical Reviewer) for not approving the Final Report. If such revised Final Report does not address such deficiencies to the satisfaction of the LDC and the Technical Reviewer within 30 days of the communication by the LDC of the reasons (if and as provided by the Technical Reviewer) for not approving the Final Report, this Agreement will terminate, the Participant will not be entitled to receive the remaining Participant Incentive and the Participant will need to re-submit a new Detailed Engineering Study Funding Application to the LDC in order to participate in the Detailed Engineering Study Initiative. -3- (v) If the System that is the subject of a Detailed Engineering Study is changed or altered after completion of the Draft Report but prior to the acceptance by the LDC of the Final Report, the Participant will update the Final Report to account for such changes or alterations and submit same to the LDC immediately. 5. Commuil.ication with Technical Reviewer The Participant will cooperate and provide on a timely basis any requested information to the LDC or the Technical Reviewer should the LDC or the Technical Reviewer, respectively, require clarification from the Participant when reviewing the Draft Report or the Final Report. The Participant shall, at the same time as it provides information to the Technical Reviewer, provide a copy of such information to the LDC. 6. Term. This Agreement will terminate on the earliest of: (a) on or before-the date by which the Draft Report is required to be approved, as provided in Section 4(a)(iii); (b) 60 days from the date the LDC communicates the approval of the Draft Report to the Participant if the Participant has not submitted a Final Report by such date, as provided in Section 4(b )(i); (c) 30 days from the date the LDC communicates the reasons for not approving the Final Report if the Participant has not submitted a revised Final Report by such time that is approved by the LDC, as provided in Section 4(b )(iv); (d) the date of the payment of the frnal instalment of the Participant Incentive pursuant to Section 3(b )(ii); and (e) December 31,2014. Sections 3(e), 6, 7, 9, 10, 11, 12, 13, 14, 15, 16,21 and25, and such other provisions as are necessary for the interpretation thereof and any other provisions hereof, the nature and intent of which is to survive termination or expiration of this Agreement, will survive the expiration or termination of this Agreement 7. Environmental Attributes. All right, title and interest in and to all benefits or entitlements associated with Environmental Attributes are. hereby unconditionally and absolutely transferred and assigned, or to the extent transfer or assignment is not permitted, held in trust for, by the Participant to, or in favour of, the LDC in its capacity as agent for and on behalf of the OPA, and not for the LDC's own benefit. Until the OPA notifies the Participant otherwise, the LDC, in its capacity as agent, shall be entitled, unilaterally and without the consent of the Participant, to deal with such Environmental Attributes on behalf of the OP A in any manner the LDC determines. The Participant acknowledges that the OP A may direct the Participant in the same manner as the LDC and that until the OP A notifies the Participant otherwise the LDC may direct the Participant to take such actions and do all such things necessary to certify, obtain, qualify and register with the relevant authorities or agencies such Environmental Attributes for the purpose of transferring,. assigning, or holding in trust, such Environmental Attributes to and for the OP A and the Participant shall comply with such directions, and the Participant will be entitled to reimbursement of the cost of complying with such direction, provided that the LDC, acting reasonably, has approved such cost in writing prior to the cost being "incurred by the Participant. 8. . Representations and Warranties. The Participant represents and warrants to the LDC as follows, and acknowledges that the LDC is relying on such representations and warranties in entering into this Agreement: (a) the Participant would not have undertaken the Detailed Engineering Study without the Participant Incentive; (b) each of the Participant and the proposed Project satisfies the eligibility requirements set out in Sections 1 to 3, as applicable, of Schedule "D" as of the date hereof; (c) the Detailed Engineering Study to be performed relates to a Project that satisfies the applicable eligibility and other requirements set out in Section 2 of Schedule "D" as of the date hereof and does not relate to any Ineligible Project set out in Section 3 of Schedule "D" (d) the Participant has executed and delivered the Release and Waiver, has not taken any actions to amend or suspend it or to terminate its existence and it continues to be in full force and effect as of the date hereof; and (e) the Participant has the authority to implement the studied Project 331 -4- 9. Evaluation, Monitoring and Verification; Audit. (a) (b) The performance and administration of this Agreement will be subject to the OPA EM&V Protocols, which will include evaluation of the effectiveness of this Agreement in meeting the objectives of the Detailed Engineering Study Initiative. In furtherance of the OPA EM&V Protocols, the Participant will cooperate with the LDC, the OPA and their respective designates and will make available such information in the form and with the frequency as may be reasonably prescribed, including with respect to historical electricity consumption. . The Participant and the LDC will both keep complete and accurate books, accounts and records and all other data required by each of them respectively for the purpose of proper administration, monitoring and verification of this Agreement and all such records and data will be maintained during the term of this Agreement and for the period of time thereafter which is the greater of seven years and the period of time specified under Applicable Law. On reasonable notice, at any time during normal business hours in respect of the subject matter of the Detailed Engineering Study, the Participant will provide reasonable access to the LDC, the OPA, and/or their respective designates to such books, accounts, records and other data. and: (A) at the reasonable request of the LDC and/or OPA, make available to the LDC, the OPA and/or their respective designates, the personnel of the Participant and its subcontractors involved in the Detailed Engineering Study and the maintenance of such books, accounts, rec;ords and data referred to above for purposes of this Section 9; and (B) permit the LDC, the OP A or their respective designates to examine and audit and take copies an~ extracts from such documents. 10. No Warranty. Except as specifically set forth or referenced in this Agreement, there are no representations, warranties, or conditions of either Party, express, implied, statutory or otherwise, regarding any matter, including any implied warranties or conditions of quality or fitness for a particular purpose. Without limiting the generality of the foregoing, the Participant acknowledges that its participation in the Detailed Engineering Study Initiative hereunder is based on its own assessment of the Detailed Engineering Study Initiative and not on any reliance on anticipated or projected results, and that such participation may not result in the achievement of any Electricity Savings, which is expressly disclaimed by the Participanl i 1. Limitation of Liability. NOTWITHSTANDING AJ\IYTHING CONTAINED HEREIN TO THE CONTRARY: (A) IN NO EVENT WILL THE PARTICIPANT BE ENTITLED TO RECOVER FROM THE LDC OR ANY OTHER INDEMNIFIED PARTY (AS DEFINED IN SECTION 12 BELOW) FOR ANY LIABILITIES, DAMAGES, OBLIGATIONS, PAYMENTS, LOSSES, COSTS OR EXPENSES UNDER OR IN RELATION TO THIS AGREEMENT: (I) ANY AMOUNT IN EXCESS OF THE ACTUAL COMPENSATORY DIRECT DAMAGES, COURT COSTS AND REASONABLE LA WYERS' AND ADVISORS' FEES SUFFERED OR INCURRED BY THE PARTICIPANT AND IN ANY EVENT LIMITED TO THE PARTICIPANT INCENTIVE PAYMENTS PAID BY THE LDC HEREUNDER; OR (II) DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE) FOR (X) LOSS OF PROFIT, OR (Y) DIMINUTION OF VALUE OR LOSS OF USE OF ANY PROPERTY; AND (B) THE LDC AND INDEMNIFIED PARTIES (AS DEFINED IN SECTION 12 BELOW) WILL NOT BE LIABLE TO THE PARTICIPANT, ITS SUCCESSORS OR ASSIGNS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES FOR-ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WEICH MAY ARISE UNDER OR IN RELATION TO TillS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY. 12. Indemnification by the Participant. The Participant (the "Indemnifying Party") will indemnify, defend and hold the LDC, the OPA, the Government of Ontario, the members of the Government of Ontario's Executive Council and their respective affiliates, and each of the foregoing Person's respective directors, officers, employees, shareholders, advisors, third party service providers and agents (including contractors and their employees) (collectively, the ''Indemnified Party") harmless from and against any and all Claims, losses, dan1ages, liabilities, penalties, obligations, payments, costs and . e>epenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers' fees and reasonable disbursements in connection therewith) (each, an "Indemnifiable Loss"), asserted against or suffered by the Indemnified Party ·. relating to, in connection with, resulting from, or arising out of (i) any Claim by, or occurrence or event related to, any third party relating to the Eligible Study or Project or this Agreement; and/or (ii) the negligence or wilful misconduct of the Participant, except in either case to the extent that any injury or darnage related to such Claim, oc_currence or event is attributable to the negligence or wilful misconduct of the Indemnified Party. For greater certainty, in the event of contributory negligence or wilful misconduct of the Indemnified Party, then such Indemnified Party will not be indemnified hereunder in the proportion that the Indemnified Party's negligence or wilful misconduct contributed to any Indemnifiable Loss. The LDC will hold the benefit the Participant's obligations under this Section 12 in the LDC's own right and, in trust, for the benefit of any other Indemnified Party. 13. Confidentiality. (a) Each Party will, in its capacity as a Receiving Party: 332 -5- (i) not use or reproduce Confidential Information of the Disclosing Party for any purpose, other than as and to the extent expressly permitted under this Agreement or as may be reasonably necessary ·for the exercise of its rights or the performance of its obligations set out in this Agreement; (ii) not disclose, provide access to, transfer or otherwise make available any Confidential Information of the Disclosing Party except as expressly permitted in this Agreement; and (iii) take all measures reasonably required to maintain the confidentiality and security of all Confidential Information of the Disclosing Party that it Handles. · (b) The Receiving Party may disclose Confidential Information of the Disclosing Party: (i) to a third party that is not a Representative of the Receiving Party if and to the extent required by a Governmental Authority or otherwise as required by Applicable Laws, provided that the Receiving Party must first give the Disclosing Party notice of such compelled disclosure (except where prohibited by Applicable Laws from doing so) and must use Commercially Reasonable Efforts to provide the Disclosing Party with an opportunity to take such steps as it desires to challenge or contest such disclosure or seek a protective order. Thereafter, the Receiving Party may disclose the Confidential Information of the Disclosing Party, but only to the extent required by Applicable Laws and subject to any protective order that applies to such disclosure; and (ii) to: A. its accountants, internal and external auditors and other professional advisors if and to the extent that such Persons need to know such Confidential Information in order to provide the applicable professional advisory services relating to the Receiving Party's business; B.. potential permitted assignees or successors of the Receiving Party if and to the extent that such Persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other transaction or transfer involving the business, assets or services provided by the Receiving Party; and C. employees of each Party and its other Representatives if and to the extent that such Persons need to know such Confidential Information to perform their respective obligations under this Agreement; provided that any such Person is aware of the provisions of this Section 13 and has entered into a Written agreement with the Receiving Party that includes confidentiality obligations in respect of such Confidential Information that are no less stringent than those contained in this Section 13. (c) Without limiting the foregoing, each Party acknowledges and agrees that: (i) the LDC will Handle reports, data and other information, including Confidential Information of the Participant or its subcontractors or Representatives, to the OP A on an ongoing basis as part of its participation in the Detailed Engineering Study Initiative or other CDM initiatives offered by the OP A and may do so without further notice to or further consent of the Participant; and the LDC and OP A may disclose and provide reports, data and other information, including Confidential Information of the Participant or its subcontractors or Representatives, to the OEB, the Ontario Ministry of Energy and the Ontario Environmental Commissioner for Handling by such entities provided that the LDC or the OPA, as the case rriay be, has in place with any such Person a written agreement that includes confidentiality obligations in respect of such Confidential Information that are comparable to those contained in this Section 13; (ii) this Agreement and all Confidential Information in the possession or control of the LDC, the OPA or the Participant are subject to Applicable Laws that include the access provisions of MFIPPA or FIPPA, as the case may be, and that as a result, third parties may obtain access to each Party's Confidential Information. Moreover, the LDC and its Representatives are subject to MFIPP A or FIPP A and the OP A and its Representatives are subject to FIPP A, and that MFIPP A or FIPP A, as the case may be, applies to and governs all recorded information in any form or medium that is provided by the LDC or the OPA, respectively, or its Representatives to the Participant or provided by the Participant to the LDC or the OPA, respectively, or its Representatives for the purposes of this Agreement, or created by the Participant in the performance of this Agreement, and that is in the custody or control of the LDC or the OP A, as the case may be (collectively, the "Records"), and may require the disclosure of such Records to third parties; (iii) each Party is responsible for ensuring that its agreements with Representatives contemplate and permit such potential access or disclosure, and will be fully liable to any such Representatives for any Claim arising out of or relating to such access; 333 -6- (iv) the LDC and the OPA may at any time make public the Participant's participation in the Detailed Engineering Study Initiative and data relating to the Detailed Engineering Study, including a description of the Project and type of Facility, historical energy use and consumption, aggregated with other studies in a manner intended to report on the Detailed Engineering Study Initiative; and (v) the Participant may acknowledge the assistance provided by the LDC and the OP A in all public communications, provided that the LDC and the OP A will have the right to approve in writing all such public communications in advance. 14. Injunctive Relief. Each Party acknowledges that any violation of the provisions of Section 13 may cause irreparable damage or injury to the other Party (including, in the case of the LDC, any of the other Indemnified Parties), the exact amount of which may be impossible to ascertain, and that, for such reason, in additi~n to any other remedies available to such Party (including, in the case of the LDC, any of the other Indemnified Parties), such Party (including, in the case of the LDC, any of the other Indemnified Parties) is entitled to proceed immediately to court in order to obtain, and the other Party will consent to, interim, interlocutory, and final injunctive relief restraining the other Party from breaching, and requiring the other Party to comply with, its obligations under Section 13, without a requirement that a fmding of irreparable harm or other criteria for the awarding of injunctive relief be made. Nothing in this Section 14 will be construed to limit the right of a Party (including, in the case of the LDC, any of the other Indemnified Parties) to obtain injunctive relief in any other circumstance in which it may be otherwise entitled to such relief. 15. MFIPPA and FIPPA Compliance. To the extent that the LDC or-the OPA, as the case may be, must comply with disclosure obligations under MFIPPA or FIPPA, the Participant agrees (without limiting its obligation set out in Section 13): (a) to keep the Records in its possession secure; (b) to provide the Records to the LDC or the OP A, as the case may be, within seven calendar days of being directed to do so by the LDC or the OP A, as the case may be, for any reason under MFIPP A or FIPP A, as applicable, including an access request or, privacy issue; and ·- (c) to implement other specific security measures that in the reasonable opinion of the LDC or the OPA, as the case may be, would improve the adequacy and' effectiveness of the Participant's measures to ensure, for the purposes of MFIPPA or FIPPA, as applicable, the security and integrity of the Records held in the Participant's possession. 16. Dispute Resolution. If any dispute arises under or in connection with this Agreement that the Parties cannot resolve, each of the Parties will promptly advise its senior management, in writing, of such dispute. Within ten (1 0) Business Days following delivery of such notice, a senior representative from each Party will meet, either in person or by telephone, to attempt to resolve the dispute. Each senior representative will be prepared to propose a solution to the dispute. If, following such efforts, the dispute is not resolved, the dispute will be settled by arbitration pursuant to Schedule "E" of this Agreement. 17. Schedules. The following schedules are hereby incorporated in and form part of this Agreement Schedule "A" Defmitions Schedule "B"-Detailed Engineering Study Report Minimum Requirements Schednle "C"-Detailed Engineering Study SOW Schedule "D"-Eligibility Criteria Schedule "E"-Arbitration Provisions Schedule "F"-Form of Release and Waiver 334 -7- 18. Headings. The insertion of headings is for convenience of reference only and will not affect the interpretation of this Agreement. The terms "hereof', "hereunder", and similar expressions refer to this Agreement and not to any particular Article, Section, Schedule or other part hereof. Unless otherwise indicated, any reference in this Agreement to an Article, Section or Schedule refers to the specified Article or Section of, or Schedule to, this Agreement. 19. Entire Agreement. Except as otherwise provided, this Agreement, together with the Release and Waiver, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. 20. Amendments. This Agreement may not be varied, amended or supplemented except by an agreement in writing signed by both of the Parties. 21. Governing Law and Attornment. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. For the purpose of all legal proceedings, this Agreement will be deemed to have been made and performed in the Province of Ontario and the courts of the Province of Ontario will have exclusive jurisdiction to entertain any action arising under this Agreement. The LDC and the P~icipant each hereby attoms to the exclusive jurisdiction of the courts of the Province of Ontario. 22. Successors and Assigns. This Agreement will enure to the benefit of and be binding upon the Parties and their respective successors and assigns. This Agreement may not be assigned by the Participant to another Person other than an affiliate except with the prior written consent of the LDC, which consent may be unreasonably withheld or delayed. 23. Further Assurances .. Each of the Parties will, from time to time, on written request of the other Party, do all such further acts and execute and deliver or cause to be done, executed and delivered all such further things as may be reasonably required in order to fully perform and to more effectively implement the terms of this Agreement. 24. Severability. The invalidity, unenforceability or illegality of any provision in this Agreement will not, to the extent permitted by Applicable Law, affect the validity, enforceability or legality of any other provision of this Agreement, which will remain in full force and effect. 25. Third Party Beneficiaries. Except as provided in Sections 7, 9, 11, 12, 13, 14, 15 and this Section 25, this Agreement is solely for the benefit of: (a) the LDC and its successors and assigns, with respect to the obligations of the Participant under this Agreement, and (b) the Participant and its successors and permitted assigns, with respect to the obligations of the LDC under this Agreement; and this Agreement will not be deemed to confer upon or give to any other Person any Claim or other right or remedy. The Participant appoints the LDC as the trustee for the OPA of the applicable provisions set out in this Agreement, including Sections 9, 11, 12, 13, 14, 15 and this Section 25, and the LDC accepts such appointment. The LDC is the agent of the OPA for the purpose of Section 7. 26. No Partnership, etc. Nothing in this Agreement will be deemed to constitute a partnership or joint venture or create any fiduciary relationship between the LDC and the Participant. 335 -8- 27. Force Majeure The LDC shall not be in default and shall not be deemed to be in default of its obligations in this Agreement by reason of delay or of failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyqnd the reasonable control of the LDC, including without limitation any act of God or other cause which frustrates the performance of the LDC's obligations in this Agreement. 28. Notices Any notice to be given under this Agreement unless expressly provided otherwise herein must be in writing and will be given by facsimile or e-mail or other means of electronic communication or by hand-delivery as provided. Any notice, if sent by facsimile or e-mail or other means of electronic communication, will be deemed to have been received on the Business Day following the sending, or if delivered by hand will be deemed to have been received on the Business Day is delivered to the applicable address noted below. Either Party may, by notice of change of address to the other Party, change its address to which notices are to be sent. Notices and other communications must be addressed as follows: If to the LDC: • Attention: Fax: E-mail: With a copy to: • Attention: Fax: E-mail: • Melanie Walls, Key Accounts Representative • 905.427.8430 • mwalls@.veridian.on.ca • 'Terry Britton, Manager-Distribution Services • 905.427.8430 • tbritton@.veridian.on.ca If to the Participant: Attention: Fax: E-mail: With a copy to: • Attention: . Fax: E-mail: 29. Counterparts. • Gilbert Boehm, Energy Management Supervisor • 905.420.1739 • gboehm@pickering.ca • Marcos Moreira, Mechanical Systems Manager • 905.420.1739 • mrnoreiralal,pickering.ca This Agreement may be executed in any number of counterparts and all such counterparts will, for all purposes, constitute one agreement binding on both Parties provided that each Party has signed at least one counterpart. 30. Facsimile/Electronic Signatures. This Agreement may be executed and delivered by facsimile transmission or by any other method of electronic transmission and the Parties may rely upon all such signatures as though such signatures were original signatures. [Remainder of page intentionally left blank.] 336 -9- IN WITNESS WHEREOF the Parties have executed this Agreement by their duly authorized respective representative(s) as of the date first above written. VERIDIAN CONNECTIONS INC. THE CORPORATION OF THE CITY OF PICKERING Per: Per: Name: Mark Turney Name: Marisa Carpino Title: Vice President, Operations Title: Director, Culture & Recreation Per: Per: Name: Name: Title: Title: [I!We] have authority to bind the LDC [IIW e J have authority to bind the Participant 337 SCHEDULE "A" DEFINITIONS In this Agreement, the following terms will have the following meanings: "Agreemenf' means this Detailed Engineering Study Funding Contract, including all recitals and Schedules, as it or they may be amended, restated or supplemented from time to time. . · "Annualized Electricity Savings" means Electricity Savings during the relevant Electricity Savings Period divided by .the number of years in the relevant Electricity Savings Period. Where the Expected Life of a Micro-Project is less than 5 years, then, in the case of a Micro-Project, Electricity Savings during the period between the end of the Expected Life and the 5th anniversary of the in-service date will be deemed to be niL "Applicable Law" means any applicable law, including any statute, legislation, treaty, regulation and any applicable guideline, directive, rule, standard, requirement, policy, order, judgment, injunction, award or dec~ee of a Governmental Authority. ' "Applicable Taxes" means any applicable HST and any other · applicable sales or use taxes. "Approved Amount" has the meaning given to it in Section 3(a). "Arbitrator" has the meaning given to it in Section (a) of Schedule "E". "Business Day" means a day, other than a Saturday or a Sunday or statutory holiday in the Province of Ontario or any other day on which banking institutions in Toronto, Ontario are not open for the transaction of business. "CDM" means electricity conservation and demand management "Claim" means any actual, threatened or potential civil, crimin_al, administrative, regulatory, arbitral or investigative demand, allegation, action, suit, mvestigation or proceeding or any other claim or demand, whether in contract, tort or otherwise. <lcommercially Reasonable Efforts" means all efforts which may be required to enable a Person, directly or indirectly, to satisfY, consummate, complete or achieve a condition,· transaction, activity, . obligation or undertaking contemplated by this Agreement and which do not require such Person to expend any funds or assume liabilities other than expenditures and liabilities which are reasonable in nature and amount in the context of the purpose of, and the condition, transaction, 'activity, obligation or undertaking contemplated by, this Agreement. "Confidential Information" of a Party means any and all information of such Party or any of its affiliates, licensors, customers and employees or other service providers, and information on the Detailed Engineering Study Funding Application, and, in the case of the LDC, includes the OP A and Governmental Authorities (the "Disclosing Party") that has or will come into the possession or knowledge of the other Party, or any of their respective affiliates, licensors, customers and employees or other service providers and, in the case of the LDC, includes the OPA, (the "Receiving Party") in connection with or as a result of entering into this Agreement, including information concerning the Disclosing PartY's past, present 338 or future customers, suppliers, technology, or business. Notwithstanding the foregoing, "Confidential Information" does not include information that is: (a) publicly available when it is received by or becomes known to the Receiving Party or that subsequently becomes publicly available other than through a direct or indirect act or omission of the Receiving Party (but only after it becomes publicly available); (b) established by evidence to have been already known to the Receiving Party at the time of its disclosure to the Receiving Party and is not known by ti).e Receiving Party to be the subject of an obligation of confidence of any kind; (c) independently developed by the Receiving Party without any use of or reference to the Confidential Information of the Disclosing Party as established by evidence that would be acceptable to a court of competent jurisdiction; or (d) received by the Receiving Party in good faith without an obligation of confidence of any kind from a third party who the Receiving Party had no reason to believe was not lawfully in possession of such information free of any obligation of confidence of any kind, but only until the Receiving Party subsequently comes to have reason to believe that such information was subject to an obligation of confidence of any kind when originally received; provided, however, that, for the purposes of this Agreement, all Personal Information concerning any Participant will constitute Confidential Information, whether or not it falls into one of the exception;; set out in clause (a) through (d) of this definition. "Demand Response" means a reduction in consumption of electricity as a result of the activation of Measures or protocols that are or were implemented in order to load shift or load shed in order to reduce the electricity demand. · "Detailed Engineering Study" means a detailed study of the consumption of electricity of a System within a Facility, or of a Facility, in order to assess and evaluate (i) Measures, or their impkmentation, that could give rise to Electricity Savings, or (ii) if approved by .the OPA, electricity generation by the Eligible Person that could reduce the electricity consumption by a System within a Facility, or of a Facility, from the Distribution System, and expected to meet the Detailed Engineering Study Report Minimum Requirements. ''Detailed Engineering Study Funding Application" means an application (File Number •, dated •· and confirmed by the LDC on-.) by the Participant for a Participant Incentive from the LDC prepared in accordance with instructions posted on the Website from time to time. "Detailed Engineering Study Initiative" means the OPA-designed initiative under the OPA's Process and System Upgrades Initiatives designed to provide a Participant Incentive to a Participant for. the purpose of obtaining a Detailed Engineering Study. "Detailed Engineering Study Report Minimum Requirements" means the minimum requirements to be met with respect to the preparation and content of Draft Reports and Final Reports as set out in Schedule "B". "Detailed Engineering Study SOW" means the scope of work, attached hereto in Schedule "C", to be performed by an Independent Engineer in order to prepare a Detailed Engineering Study and to be attached to the applicable Detailed Engineering Study Funding Application. "Disclosing Party" has the meariing given to it in the defmition of "Confidential Information". "Distribution System" means a system connected to the IESO- Controlled Grid for distributing electricity at voltages of 50 kilovolts or less and includes ai:J.y structures, equipment or other thing used for that purpose .. "Draft Rejwrt" means a draft Detailed Engineering Study prepared by an Independent Engineer. "Electricity Savings" means the aggregate electricity consumption reduction over a specified period of time, expressed in MWh, obtained as a result of a specified Eligible Study measured under normal operating conditions. "Electricity Savings Period" means the period commencing on the in-service date of the Project and ending on the lOth armiversary thereof in the case of a Project (other than a Micro-Project), or on the 5th armiversary thereof in the case of a Micro-Project. "Eligible Person" means, in respect of the Detailed Engineering Study Initiative, a person that satisfies the eligibility criteria set out in Section 1 of Schedule "D". "Eligible Study" means a Project to be studied that meets the eligibility criteria set out in Section 2 of Schedule "D" and is not a type of Project to be studied as described in Section 3 of Schedule ·"D". "Environmental ·Attributes" means all benefits and entitlements associated with a Measure or a Facility having decreased enviro~ental impacts ·resulting from the implementation of a Project, and includes: (a) all rights to any fungible or non-fungible attributes, whether arising from a Facility itself, from the interaction of a Facility with a Distribution System or the IESO- Controlled Grid or because of Applicable Law or voluittary programs established by any Governmental Authority; (b) all rights relating to the nature of the energy source as may be defined and awarded through Applicable Law or voluntary programs and specific Environmental Attributes include ownership rights to any applicable credits, entitlements or other instruments resulting from the interaction of a Facility or a Measure with a Distribution System or the IESO-Controlled Grid or as specified by Applicable Law or voluntary programs; (c) all rights to quantifY and register the foregoing with competent authorities; and -2- (d) all revenues, entitlements, benefits, and other proceeds arising from or related to the foregoing. "Expected Life" means the number of years a Project will deliver Electricity Savings, such period at least being equal to the Minimum Expected Life. "Facility'' means the building(s ), premises o~ lands, or part thereof: owned or occupied by the Participant and in which the System is located. "Final Report" means a final Detailed Engineering Study issued by an Independent Engineer. "FIPP A" means the Freedom of Information and Protection of Privacy Act (Ontario). "Governmental Authority" means any federal, provincial, or municipal government, parliament or legislature, or any regulatory authority, agency, tribunal, commission, board or department o'f any such government, parliament or legislature, or any court or other law, regulation or rule-making entity, having jurisdiction in the relevant circumstarices, including the IESO, the OEB, the Electrical Safety Authority, the Ontario Environmental Commissioner, and any Person acting under the authority of any of the foregoing, but excluding the OPA. . "Handle" or "Handling" means to access, receive, collect, use, store, process, record, disclose, transfer, retain, dispose of: destroy, manage or otherwise handle. "HST" means any tax payable under Part IX of the Excise Tax Act (Canada). "IESO" means the Independent Electricity System Operator of Ontario established under Part II of the Electricity Act, 1998 (Ontario), or its successor. "IESO-Controlled Grid" has the meaning ascribed to it by the IESO Market Rules. "IESO Market Rules" means the rules made under section 32 of the Electricity Act, 19 98 (Ontario), together with all market manuals, policies and guidelines issued by the IES6: "Indemnifiable Loss" has the meaning given to it in Section 12. ''Indemnified Party" has the meaning given to it in Section 12. ''Indemnifying Party" has the meaning given to it in Section 12. ''Independent Engineer" means a registered professional engineer . licensed to practice in Ontario who is not an =ployee of the Participant "Ineligible Projecf' has the meaning given to it in Section 3 of Schedule "D". ''Insolvent", in respect of a Person, means a Person: (a) who is for any reason unable to meet its obligations as they generally · become due or otherwise acknowledges its insolvency, 339 (b) who has ceased paying its current obligations in the ordinary course of business as they generally become due, (c) who has ceased to carry on business in the ordinary course, (d) who institutes any proceeding, takes any corporate action, or executes any agreement to authorize its participation in or the commencement of any proceeding seeking: (a) to adjudicate it a bankrupt or insolvent; (b) liquidation, dissolution, winding-up, reorganization, arrangement, protection, relief or composition of it or any of its property or debts or making a proposal with respect to it under any law relating to bankruptcy, insolvency, reorganization or compromise of debts or other similar laws; or (c) appointment of a receiver, trustee, agent, custodian or other similar official for it or for any substantial part of its properties and assets, or (e) the aggregate of whose property is not, at a fair valuation, · sufficient, or, if disposed of at a fairly conducted sale under legal process, would not be sufficient to enable payment of all its obligations, due and accruing due. "LDC" has the meaning given to it in the preamble of this Agreement. "Lighting" means equipment. and controls used to provide illumination through the use of electricity resulting in a load. "M&V Plan" means a measurement and verification document outlining the methodology and activities to be undertaken to quantify and verify Electricity Savings from a Project. "Measures" means: (i) any activity undertaken for the primary purpose of obtaining or effecting, directly or indirectly, CDM, including the installation, retrofit, replacement, modification or commissioning of equipment, systems, processes or behaviours that c0nsume or result in the consumption of electricity; or (ii) any equipment, system or product related to the foregoing .. "Micro-Project" means a stand-alone Project, which, when installed, is expected to deliver at least 100 MWh of Annualized Electricity Savings and not more than 700 MWh of Annualized Electricity Savings. "Minimum Expected Life" means the number of years a Project is required to provide the Electricity Savings, being 10 years after the in-service date, other than in the case of a Micro-Project in which case the Minimum Expected Life is 1 year after the in-service date. "MFIPP A" means the Municipal Freedom of Information and Protection of Privacy Act (Ontario). "MW" means a megawatt. '~MWh" means a megawatt hour. "OEB" means the Ontario Energy Board or its successor. "OPA" means the Ontario Power Authority or its successor. "OPA EM&V Protocols" means the methods and processes that the OP A develops for the evaluation, measurement and verification of 340 -3- CDM programs and imtiatives, as such methods and processes may be amended from time to time. "Participant" has the meaning given to it in the preamble of this Agreement. "Participant Incentive" means funding that may be paid by the LDC to the Participant pursuant to this Agreement. "Party" and "Parties" have the meanings given to them in the preamble of this Agreement. "Person" means a natural person, firm, trust, partnership, association, uninco[porated organization, limited partnership, company or corporation (with or without share capital), joint venture, sole proprietorship, Governmental Authority or other entity of any kind. "Personal Information" means information about identifiable individual or other information that is subject to any Privacy Laws. "Privacy·Laws" means all federal, provincial, state, municipal or other applicable statutes, laws or regulations of any G()vemmental Authority in any jurisdiction goverillng the Handling of information about an identifiable individual, including the Personal Information and Protection of Electronic Documents Act (Canada), Fll'P A, MFJJ'P A and equivalent provincial legislation. "Project" means one or more Measures which, when implemented in respect of a single System, are expected to deliver Electricity Savings and "Project", where appropriate in accordance with the terms hereof, includes a Micro-Project. "Project Incentive Initiative" means the Initiative designed to provide a financial incentive to a Participant for the purpose of implementing a Project. "Receiving Party" has the meaning given to it in the definition of "Confidential Information". "Records" has the meaning given to it in Section 13(c)(ii). "Release and Waiver" means thy release and waiver and consent executed by the Participant in favour of the LDC, among others, and submitted by the Participant with its Detailed Engineering Study Funding Application, in the form attached hereto as Schedule "F". "Representative" means, in respect of one of the Parties, any one of that Party's employees, officers, directors, shareholders, contractors, agents, representatives and advisors. "System" will be defined broadly and means an integrated or interdependent combination of installed equipment and processes that: (a) may be used for (i) manufacturing or other industrial or commercial processes, or (ii) circulating or distributing inside, outside or between Facilities commodities, goods or utilities (including heating, cooling, air or other gases, water or other liquids); and (b) consumes electricity. "Technical Reviewer" means a Person retained by the OPA having on its staff individuals who have professional experience and qualifications as approved by the OP A. "Third Party Contributions" means any financial or other contribution (including the value of contributions in kind) towards the eligible costs of the Project (as such costs are defmed pursuant to the Project Incentive Initiative) from or by any Person other than the Participant or the LDC. -4- "Website" means the website located at the address: https://saveonenergy .cal. 341 SCHEDULE "B" DETAILED ENGINEERING STUDY REPORT MINIMUM REQUIREMENTS Purpose: This Schedule contains the minimum requirements for a Draft Report or a Final Report (in this Schedule, the "Reports"). Such Reports must meet the technical, financial and economic analysis, and overall quality and completeness requirements as outlined befow. Such Reports will also recommend opportunities for further study of potentially cost-effective electricity opportunities (in this Schedule, "Opportunities"). For the purposes of the Detailed Engineering Study Initiative, the Reports must provide energy and demand savings estimates to an accuracy of+/- 10% and Project cost estimates to an accuracy of+/-25%. The Reports must be prepared or reviewed by, and signed by an Independent Engineer. Detailed Engineering Study Report Submission Requirements: In order to complete a satisfactory Report, Participants should prepare a Report submission package containing: • one original copy of the Detailed Engineering Study (bound and drawings) signed by the Independent Engineer, • one hard copy of the Detailed Engineering Study Report (bound and drawings), and • one electronic copy of the Detailed Engineering Study Report, in Portable Document Format (PDF) and the "Measures Summary Template", as found on the website for the Detailed Engineering Study Initiative. Participants should submit the prepared submission package to: VERIDIAN CONNECTIONS INC. 55 Taunton Road E. Ajax, ON LIT 3V3 Attn: Melanie Walls, Key Account Representative In the event of a conflict or inconsistency between the hard copy and the electronic copy of the Report, the original bound copy of the Report will prevaiL Amending Reports: At any time until the final day for submitting a Report, a Participant may amend a submitted Report. The right of Participants to amend includes amendments or withdrawals wholly initiated by Participants and amendments or withdrawals in response to subsequent information that becomes available to the Participant. Following acceptance of the Report by the LDC and the Technical Reviewer, all amendments thereto proposed by the Participant will require the written approval of the LDC. Any amendment should clearly indicate what part of the Detailed Engineering Study the amendment is intending to replace. A notice of amendment should be sent to the LDC as soon as possible and should be signed by a senior representative of the Participant and by an Independent Engineer. Report to be Retained by the LDC: The LDC will not return any Reports or any accompanying documentation submitted by a Participant. Form and Content: The following are the required components of a Report: 1.0 Executive Summary: 342 1.1 Facility name and location. 1.2 Dates of study start and completion. 1.3 A briefbackground and description of the System studied. 1.4 A brief description of Measures recommended for further study, with estimates of: 1.4.1 Annualized Electricity Savings, 1.4.2 Annual average electricity demand reduction, 1.4.3 Project benefits that contribute to cost-effectiveness of the Project, 1.4.4 Any costs directly related to the Project which are not included in eligible costs, i.4.5. Simple payback for the recommended Measures based on total eligiblecosts (as such costs are defined pursuant to the Project Incentive Initiative) excluding any Participant Incentives or Third Party Contributions, 1.4.6 Project payback for the recommended Measures including any Participant Incentives or Third Party Contributions, and 1.4. 7 Estimated Participant Incentive. 1.5 Author of report with acknowledgement of key personnel involved including titles. -2- 1.6 Acknowledgement of Facility personnel involved in the study with titles. 2.0 Base Case and System Studied: 2.1 Description of the System studied: 2.1.1 Type of System and areas of plant/process served, 2.1.2 Explanation of why the System was chosen for study 2.1.3 Process flow diagram, indicating measurement boundary, and how the System interacts with the remaining plant, 2.1.4 Relevant electrical single line diagrams, 2.1.5 Process and instrumentation drawings (P&ID), 2.1.6 Equipment data sheets or existing equipment efficiency, 2.1.7 Preliminary base case baseline (subject to review and acceptance by the Technical Reviewer during baseline data collection); 2.1.7.1 Annualized electricity energy consumption, 2.1.7.2 Daily and seasonable electrical load profile, 2.1. 7.3 Load duration curve or table indicating annual hours of operation at significant capacity points, 2.1.7.4 Production and throughput as it relates to the electriCity consumption of the System 2.1.8 Operating and maintenance costs for the System, 2.1.9 Product quality from the existing System, 2.1.1 0 Reliability of the existing System, 2.1.11 Age of the System or major System components and analysis of remaining life, 2.1.12 Standard commercially available replacement equipment cost and energy use (at least the cost of new equipment that meets the System requirements). 2.2 Measured electrical, process and operating data collected during the Detailed Engineering Study provided in MS Excel spreadsheet format. 2.3 The most recent electric utility bills received for a single billing period at the location of the nearest utility revenue metering point. 3.0 Opportunity Analysis: Analyze all reasonable electricity conservation Measures that could be applicable to the System studied. Complete the technical, fmancial, and economic information requirements listed below for each Measure analyzed. 3.1 Technical: 3.1.1 Technical description of each identified Measure. 3.1.2 Methodology and calculations used to arrive at electricity and demand savings estimates for each Measure. 3.1.3 Identification and specification of any software tools used in the analysis. 3.1.4 Results of analysis including uncertainty ranges and assumptions for operating conditions for the life of the Measure: 3.1.4.1 Annualized Electricity Savings, 3.1.4.2 Monthly average electrical demand reduction, and 3.1.4.3 Daily electrical demand reduction profile by season. 3.1.5 Analysis of"interactive effects" between Systems and the Measure (i.e. a reduction in electricity use in one area may cause an increase in another). 3.1.6 Quantification of "other benefits" with dollar savings estimate that may result from' implementation of each Measure. Methodology must be shown. Examples of "other benefits" are: Changes in fossil fuel consumption, Changes in product quality or productivity, or Changes in operating and maintenance costs. 3.1.7 Description of measurement techniques that would aid in ongoing evaluation of electricity savings for each Measure. 3.2 Economic and Financial: 3.2.1 Itemized implementation costs of each Measure including: 3 .2.1.1 Detailed design and engineering, 3 .2.1.2 Project management, 3 .2.1.3 Equipment, 3.2.1.4 Installation labour, 3.2.1.5 Demolition, 3.2.1.6 Scrap value recovery, and 3.2:1.7 Commissioning. 3.2.2 Simple payback for each identified Measure without Participant Incentives or any Third Party Contributions. 3.2.3 Project payback for each identified Measure including any Participant Incentives or Third Party Contributions 4.0 Recommendations: 343 -3- 4.1 Provide recommendations by Measure and at tbe Project level: 4.1.1 Discussion of recommended and non-recommended Measures using results of technical and economic analysis, 4.1.2 Simple payback for each recommended Measure and for tbe aggregate of all recommended Measures based on total eligible costs witb no Participant Incentives or Third Party Contributions, 4.1.3 Project payback for each recommended Measure and for tbe aggregate of all recommended Measures, 4.1.4 Discussion of expected lifetime of recommended Measures witb a description of any special maintenance practices required to realize continued savings, 4.1.5 Discussion of risks associated witb performance of recommended Measures. 5.0 Implementation Action Plan: 344 5.1 Detailed technical description for implementation of each recommended Measure: 5.1.1 Specifications suitable for procurement of bids for tbe Project construction and commissioning. Include sample manufacturers data sheets if applicable, 5.1.2 List of existing equipment to be de-commissioned, 5.1. 3 Proposed operating parameters including mode and sequence of operation and programming of process control systems. 5.2 Provide a schedule for implementation: 5.2.1 Overall time to complete Project broken down by major tasks and time required for each, 5.2.2 Detail any known timeline risks and critical tasks. SCHEDULE"C" DETAILED ENGINEERING STUDY SOW See attached document 345 SCHEDULE"D" ELIGIBILITY CRITERIA 1. Participant Eligibility Criteria To be an Eligible Person under this Initiative a Person must: (a) be an electricity consumer; and (b) not be Insolvent. 2. Study Eligibility Criteria To be an Eligible Study, the proposed Project to be studied must: (a) involve the installation or implementation of a Measure or Measures; (b) be in respect of a single Facility of the Eligible Person connected to, or behind the meter of another electricity consumer connected to, a Local Distribution Company's Distribution System, but in the LDC's service area; (c) (i) in the case of a proposed Micro-Project, be expected to generate Annualized Electricity Savings of greater than 100 MWh but less than 700 MWh; or (ii) in the case of a Project, be expected to generate, based on a Detailed Engineering Study approved by the Technical Reviewer and the LDC, Annualized Electricity Savings of greater than 350 MWh; and (d) not be an Ineligible Project. Pursuant to the terms and conditions of the Detailed Engineering Study Initiative, . (e) the scheduled in-service date of a Project may not occur any later than two years following the date of execution of an agreement for the Project Incentive Initiative or any later than December 31, 2014, unless otherwise approved by the LDC. 3. Ineligible Projects None of the following types of Projects qualifies to be studied (each, an '1neligible Project"): 346 (a) a Project that the LDC determines is more appropriately funded by another OPA or other existing program; (b) a Project with a project payback ofless than one year; (c) Lighting; (d) Demand Response; (e) a Project designed to reduce voltage or improve power factor or power quality, other than as an ancillary benefit to obtaining Electricity Savings; (f) a Project that is not reasonably expected to achieve its Minimum Expected Life; (g) a Project that involves installation of any equipment or system if such equipment or system, or the operation of either, would not comply with all Applicable Laws; (h) except as otherwise approved in writing by the LDC, a Project for which any financial incentive has been, is being or may be received from the OPA (other than a Participant Incentive), the Province of Ontario or any agency thereof; (i) prior to submitting a Detailed Engineering Study Funding Application, the Participant has approved the undertaking of a Detailed Engineering Study or entered into an agreement with a contractor or consultant or ordered or purchased any equipment for use in relation to the Project; · G) an electricity generation Project, unless otherwise approved in writing by the LDC; or (k) a fuel-switching Project, unless otherwise approved in writing by the LDC. SCHEDULE "E" ARBITRATION PROVISIONS (a) Subject to and in accordance with the provisions of this Sched~le "E", any and all differences, disputes, Claims or controversies arising out of or in ahy way connected with this Agreement, whether arising before or after the expiration or termination of this Agreement, (including any dispute as to whether an issue is arbitrable) 'will be resolved by arbitration before a single arbitrator (the "Arbitrator") pursuant to the Arbitration Act, 1991 (Ontario) and otherwise in accordance with the laws of the Province of. Ontario. · (b) A Party desiring arbitration hereunder will give written notice of arbitration to the other Party containing a concise description of the matter submitted for arbitration ("Notice of Arbitration"). If the Parties fail to jointly appoint an Arbitrator within 20 days thereafter, an Arbitrator will be designated by a judge of the Ontario Superior Court of Justice upon application by either Party. The Arbitrator may determine all questions of law, fact an.d jurisdiction with respect to the dispute or the arbitration (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The Arbitrator may grant legal and equitable relief (including injunctive relief), award costs (including legal fees and the costs of the arbitration), and award interest. (c) The arbitration will be conducted in English in the City of Toronto (or as otherwise agreed to by the Parties) at such place therein and time as the Arbitrator may fix and, fuiling agreement thereto by the Parties, in accordance with such procedures as the Arbitrator will determine, in accordance with the principles of natural justice. The arbitration and all matters arising directly or indirectly therefrom will be kept strictly confidential by the Parties and will not be disclosed to any third party except as may be compelled by law. (d) The Arbitrator's written decision will be delivered to each of the Parties within 60 days following the conclusion of the arbitration hearing. The costs of any arbitration hereunder will be borne by the Parties in the manner specified by the Arbitrator in his or her decision. The decision of the Arbitrator will be fmal and binding upon the Parties in respect of all matters relating to the arbitration, the conduct of the Parties during the proceedings and the fmal determination of the issues in the arbitration. There will be no appeal from the decision of the Arbitrator to any court, except on the grounds that the conduct of the Arbitrator, or the decision itself, violated the provisions of the Arbitration Act, 1991 (Ontario), or solely on a question of law as provided for in such act. Judgment upon any award rendered by the Arbitrator may be entered in any court having jurisdiction thereof. (e) Submission to arbitration under this Schedule "E" is intended by the Parties to preclude any action in matters which may be arbitrated hereunder, save and except for enforcement of any arbitral award hereunder. 347 SCHEDULE "F""" FORM OF RELEASE AND WAIVER RELEASE AND WAIVER AND CONSENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby, for itself and its successors and assigns: A. releases and forever discharges each of [NAME OF LDC] ("LDC"), the Ontario Power Authority ("OPA") and their respective representatives, affiliates, third party service providers and agents (collectively, the "Program Operators") and all of the respective past, present and future officers, directors, employees, owners, shareholders, agents, successors and assigns of the Program Operators (collectively, the "Representatives") (the Program Operators and the Representatives hereinafter collectively referred to as "Releasees") from any and all actions, causes of action, suits, complaints, disputes, debts, liabilities, obligations, damages, legal fees, costs, disbursements, expenses, claims and demands of every nature or kind whatsoever and howsoever arising, at law or in equity, or under any statute, including without limitation, claims for property damage, business interruption and personal injury of the undersigned's employees, officers, directors or licencees, which it can, will or may have by reason of any matter, cause or thing arising as a result of, in relation to or in connection with the attendance on one or more occasions by one or more of the employees, officers, directors, representatives, third party service providers or agents of any or all of the Program Operators (collectively, "Persons") at any and all facilities owned or occupied by the undersigned in connection with, arising out of or relating to the initiatives designed by the OP A for electricity conservation and demand management and directed at one of the commercial and institutiona~ industrial, low-income or residential electricity consumer groups (collectively referred to as the "CDM Program"), other than in the case of the gross negligence or willful misconduct of such Persons during such attendances; B. agrees that the undersigned will not make any claim or take any proceedings against any other person or entity with respect to any matter released and discharged in Section 1 above which may result in any claim arising against any of the Releasees for contribution or indemnity or other relief; C. without limiting the foregoing, the undersigned acknowledges, agrees and consents that by submitting an application ("Application") to participate in a CDM Program or any initiative thereof, whether or not its Application is ultimately accepted: (a) it hereby consents to the collection, use, disclosure and other handling of any information it provides to the Program Operators, including all reports, data, personal information, records showing historical energy use and consumption, and other information of the undersigned or its subcontractors orrepresentatives (collectively, the "Applicant Information") by the Program Operators for purposes relating to the operation, administration or assessment of the CDM Program, any initiative thereof or the Application, and in connection with any reporting activities relating to the CDM Program, which shall include, without limitation: (i) sharing of Applicant Information among the Program Operators; (ii) use by the Program Operators of the Applicant Information provided by the Participant to process any of the-undersigned's Applications and to conduct, analyze and report on the results of surveys and modify the CDM Program based on such surveys; and (iii) disclosure to the Ontario Energy Board, the Independent Electricity System Operator; the Ontario Ministry of Energy or the Ontario Environmental Commissioner or their respective successors; (b) it hereby consents to the disclosure by the OPA to the LDC ofinfonnation regarding the Participant's past participation in other OPA funded conservation and demand management programs for the purpose of processing the Participant's Application; and (c) this Release and Waiver and Consent and all Applicant Information, in the possession or control of the LDC and/or the OPA are subject to applicable laws that include the, access provisions of the Municipal Freedom of Information and Protection of Privacy Act (Ontario) ("MFIPPA") or the Freedom of Information and Protection of Privacy Act (Ontario) ("FIPPA"), as the case may be, and that as a result, third parties may obtain access to the Applicant Information; D. the foregoing Release and Waiver and Consent will continue in full force and effect for the benefit of the Releasees and will apply to each Application submitted by the undersigned to the LDC and to the extent of any conflict between this Release and Waiver and Consent and the terms of any agreement or other document entered into by the undersigned and one or more of the Program Operators pursuant to or in connection with the CDM Program or any part thereof, or any initiative under any CDM Program, the terms of this Release and Waiver and Consent will prevail; and E. this Release and Waiver and Consent will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. IN WITNESS WHEREOF the undersigned has executed this Release and Waiver and Consent by its duly authorized representative(s) as of the date below written. Dated: IDATEJ 348 -2- [LEGAL NAME OF PERSON MAKING APPLICATION] Name: Title: Name: Title: [I/W e] have the a!.jthority to bind the corporation. 349 ATTACHMENT# L TO REPORT# ~g~ t s ---1 L+ PROlECT BRIEFING A PROPOIAL PROJECT BRIEFING FOR DETAILED ENGINEERING STUDY THE PICKERING RECREATION COMPLEX -.. -- CITY OF PICKERING, ON APRIL 08, 2014 Prepared by: I.B. Storey Inc. Ontario Office: 400 Applewood Cres., Suite 100 Vaughn, ON L4K OC3 Phone: 416-800-1482 Fax: 647-438-5707 Atlantic Office: 51 University Ave., Ste. 302 Charlottetown, PE ClA 4K8 Phone: 902-367-3545 Fax: 902~367-3546 Email: info@ibstorey.ca CONFIDENTIAL & PROPRIETARY 362 The Corporation of the City of Pickering By-law No.XXXX/14 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering Whereas Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Subsection 3(2) of the Building Code Act, 1992 requires that the Council shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Section 7 of the Building Code Act, 1992 authorizes the Council of a municipality to pass certain By-laws prescribing classes of permits, permit application documents, fees, inspections and other related matters. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Definitions 1. This By-law may be cited as the Building By-law. 2. (1) In this By-law (a) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23 as amended; (b) "Alternative Solution" means a substitute foli an acceptable solution, proposed by an applicant pursuant to Division A, article 1.2.1.1. of the Ontario Building Code; (c) "as constructed plans" means as constructed plans as defined in the building code; (d) "applicant" means a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; (e) "architect" means the holder of a licence, a certificate of practice, or a temporary licence under the Architect's Act as defined in the Building Code; · (f) "building" means a building as defined in Subsection 1 (1) of the Act; 366 (ii) a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant; (iii) a written agreement, in a form provided by the Chief Building Official, executed by the applicant, the owner and such other necessary persons the Chief Building Official determines for the purposes set out in clause 8(3)(c) of the Act; and (iv) the conditional permit fee in accordance with Schedule B. (6) The Chief Building Official is hereby authorized to execute on behalf of The Corporation of the City of Pickering the written agreement referred to in clause 6(5)(b)(iii) as part of the conditional building permit application. Change of Use Permits (7) Every application for a change of use permit under Subsection 1 0(1) of the Act shall, (a) identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the building code, including, but not necessarily limited to, floor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (c) be accompanied by the appropriate fee in accordance with Schedule B; and (d) be accompanied by the completed documents prescribed in Schedule C. Authority to Occupy Permits for Unfinished Buildings (8) Every application for authorization to occupy an unfinished building under Division C, article 1.3.3.1.(3) and 1.3.3.2. of the building code shall, (a) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which the application for an authority to occupy permit is made; (b) be accompanied by plans which show the areas of the proposed occupancy and measures undertaken to restrict access to areas of the building which are unfinished; and 382 Schedule B-Part B Fees Payable for Building Permits Notes: 1. The following guidelines for calculating floor areas and fees apply to the specific building types and construction indicated. In order to determine the applicable occupancy, recourse shall be had to the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. (a) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of that floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of that floor area. (c) Residential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors which are principally of residential use. Other rates shall be applied to other floors based on the principal use of that floor area. (d) Business and Personal Services & Mercantile Occupancies: The "Business and Personal Services & Mercantile Occupancies" rate shall apply to the floor areas of floors which are principally of business and personal service or mercantile use. Other rates shall be applied to other floors based on the principal use of that floor area. Schedule B-Part B Fees Payable for Building Permits (e) Industrial Occupancies: Each "Industrial Occupancies" rate includes subsidiary incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 10 of Schedule B-Part B, means the value of the proposed construction as determined by the Chief Building Official, whose determination of that value shall be final. 383 ScheduleD Code of Conduct for Building Officials Purpose 1. To promote appropriate standards of behaviour and enforcement actions by the Chief Building Official, Deputy Chief Building Official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the Chief Building Official, Deputy Chief Building Official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the Chief Building Official, Deputy Chief Building Official and inspectors. Enforcement Guidelines The Chief Building Official, Deputy Chief Building Official and inspectors appointed in Schedule A shall comply with this code of conduct. Any appointed Chief Building Official, Deputy Chief Building Official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the Chief Building Official. Where the allegation concerns the actions of the Chief Building Official, the matter may be brought to the attention of the senior staff person to whom the Chief Building Official reports. Any Chief Building Official or senior staff person who receives a written complaint alleging a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a Chief Building Official or senior staff person concerning a breach of this code shall be held in confidence. The Chief Building Official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion. 391 392 ScheduleD Code of Conduct for Building Officials Code of Conduct In exercising powers and performing duties under the Building Code Act, the Chief Building Official, Deputy Chief Building Official and inspectors shall: 1. Exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs the authorization, construction, occupancy and safety of buildings and designated structures, and the actions, duties and qualifications of Chief Building Officials, Deputy Chief Building Officials and inspectors; ·2. Act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; 3. Apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. Not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. Obtain the counsel of persons with expertise where the Chief Building Official, Deputy Chief Building Official or inspector does not possess sufficient knowledge to make an informed judgment; and - 6. Act honestly, reasonably and professionally in the discharge of their duties. 394 Report FIN 13-14 Subject: Investment Portfolio Activity for the Year Ended December 31, 2013 Ontario Regulation 292/09 Under the Municipal Act, 2001 June 9, 20i4 Page 2 The Treasurer of the City of Pickering is required under Provincial Regulation 292/09 to report certain information and opinions to Council. The schedules to this report are included as part of that Regulation's information requirements. The portfolio balance at December 31, 2013 of $86.4 million (2012-$79.4M) is higher than the prior year. Unspent Federal and Provincial funding received in advance for the Frenchman's Bay Harbour Entrance project, debt proceeds in October and supplementary tax due dates at the end of November and the end of December all contributed to the increase in the investment portfolio balance over 2012. This led to a short-term investment balance at the end of 2013 of $47.2 million (2012-$39.9M). The lOng-term investment balance of $36.2 million (2012-$36.3M) remained relatively unchanged compared to the prior year. During the latter half of 2013, Pickering invested some money with TD Waterhouse in Guaranteed Investment Certificates (GIC). ·The interest rates ranged from 1.25% to 1.55% which is higher than the interest rates for Banker's Acceptances or Deposit Notes, however, GIG's are less liquid than these other investment instruments. It is expected during the summer of 2014, the overall portfolio will be reviewed. The return on the portfolio maintained with Nesbitt Burns decreased slightly in 2013 with a weighted yearly rate of return of 1.23% (2012-1.37%) on the combined short-term and long-term investments. There was a slight increase in rates from the beginning to the end of the year, but interest rate hikes from central banks were further delayed. Worldwide rates continue to remain low which has had a significant effect on the portfolio returns over the last few years. Investment parameters are much narrower for the City than permitted for money market funds due to the Municipal Act and Regulations limiting the selection of qualified investments for municipal entities. Furthermore, staff's approach tends to be conservative, given that they are investing public money. Notwithstanding these restrictions, an annual return of 1.23% still outperformed the annual returns for the CIBC World Markets 91-Day T-Billlndex (1.0%) and the Morningstar Canadian Money Market .Mutual Fund Index (0.6%). These indices are deemed to be comparative benchmarks for reviewing the portfolio's performance and are considered the standard for analysis of investment funds in the industry. The average return on interfund investments (internal loans) was 2.7% (2012-4.4%). This decrease is attributable to the approximately $2.6 million issued at the end of 2012 at a lower rate of interest. At year end 2013, the total portfolio of approximately $86.4 million, consisted of · approximately $36.2 million or 41.9% in external long-term investments and approximately $3.0 million or 3.5% in lnterfund Investments (Internal Loans). The balance of approximately $47.2 million is short-term investments of 90 days or less. (A) co 0') City of Pickering Investment Activities for 2013 Financial Purchase Maturity Institution Instrument Cost Princieal Yield Term Date Date Short Term Nesbitt Burns Bank of Nova Scotia BON 5,115,054 5,127,000 0.870% 98 28-Sep-12 04-Jan-13 Bank of Nova Scotia BON 3,082,924 3,090,000 0.864% 97 24-0ct-12 29-Jan-13 Bank of Nova Scotia BON 6,644,417 6,659,000 0.861% 93 31-0ct-12 01-Feb-13 Bank of Nova Scotia BON 4,225,852 4,235,000 0.859% 92 19-Nov-12 19-Feb-13 Firstbank BA 956,785 959,000. 0.862% 98 04-0ec-12 12-Mar-13 Bank of Nova Scotia BA 1,999,752 2,004,000 0.862% 90 14-0ec-12 14-Mar-13 Bank of Nova Scotia BON 8,728,404 8,748,000 0.863% 95 14-0ec-12 19-Mar-13 Bank of Nova Scotia BON 6,598,445 6,612,000 0.852% 172 21-0ec-12 11-Jun-13 Firstbank BA 2,499,031 2,510,000 0.931% 88 21-0ec-12 1 9-Mar-13 Bank of Nova Scotia BON 5,128,229 5,140,000 0.882% 243 04-Jan-13 04-Sep-13 Bank of Nova Scotia BA 3,160,666 3,167,000 0.813% 90 30-Jan-13 30-Apr-13 Bank of Nova Scotia BA 6,658,990 6,672,000 0.810% 88 01-Feb-13 30-Apr-13 Firstbank BA 4,234,896 4,243,000 0.822% 85 1 9-Feb-13 15-May-13 Bank of Nova Scotia BON 3,243,078 3,250,000 0.812% 96 14-Mar-13 18-Jun-13 Firstbank BA 5,999,716 6,005,000 0.765% 42 19-Mar-13 30-Apr-13 Bank of Nova Scotia BON 5,359,076 5,371,000 0.829% 98 19-Mar-13 25-Jun-13 Firstbank BA 4,074,589 4,083,000 0.828% 91 19-Mar-13 18-Jun-13 Bank of Nova Scotia BA 5,171,377 5,182,000 0.833% 90 09-Apr-13 08-Jul-13 Firstbank BA 3,217,326 3,224,000 0.841% 90 30-Apr-13 29-Jul-13 CIBC BA 6,671,284 6,697,000 0.920% 153 30-Apr-13 30-Sep-13 CIBC BA 6,004,424 6,040,000 1.001% 216 30-Apr-13 02-0ec-13 ~ Firstbank BA 8,999,736 9,011,000 0.801% 57 01-May-13 27-Jun-13 ~ Bank of Nova Scotia BON 4,244,514 4,254,000 0.841% 97 16-May-13 21-Aug-13 n Bank of Nova Scotia BON 2,541,753 2,547,000 0.837% 90 12-Jun-13 1 0-Sep-13 :r: Bank of Nova Scotia BON 4,113,971 4,123,000 0.852% 94 18-Jun-13 20-Sep-13 3:: CIBC BA 3,249,345 3,264,000 0.930% 177 19-Jun-13 13-0ec-13 m z Bank of Nova Scotia BA 5,371,505 5,382,000 ·0.849% 84 25-Jun-13 17-Sep-1 :3 -1 Firstbank BA 5,182,095 5,193,000 0.853% 90 09-Jul-13 07-0ct-13 ::rt Firstbank BA 3,293,837 3,301,000 0.854% 93 29-Jul-13 30-0ct-13 t-Bank of Nova Scotia BON 4,254,235 4,264,000 0.864% 97 22-Aug-13 27-Nov-13 Firstbank BA 4,999,048 5,003,000 0.825% 35 23-Aug-13 27-Sep-13 d Bank of Nova Scotia BON 4,999,164 5,013,000 0.902% 112 23-Aug-13 13-0ec-13 Bank of Nova Scotia BON 2,831,439 2,837,000 0.864% 83 1 0-Sep-13 02-0ec-13 ="' m ""0 0 ~ =It ~~ -uJ l --C:... City of Pickering Investment Activities for 2013 Financial Purchase Maturity Institution Instrument Cost Princieal Yield Term Date Date Bank of Nova Scotia BON 5,434,019 5,446,000 0.865% 93 18-Sep-13 20-Dec-13 Bank of Nova Scotia BA 4,123,240 4,132,000 0.871% 89 20-Sep-13 18-Dec-13 Bank of Nova Scotia BDN 5,047,061 5,059,000 0.881% 98 27-Sep-13 03-Jan-14 Bank of Nova Scotia BON 6,696,956 6,713,000 0.892% 98 30-Sep-13 06-Jan-14 Bank of Nova Scotia BDN 5,192,083 5,204,000 0.911% 92 07-0ct-13 07-Jan-14 Bank of Nova Scotia BDN 3,351,869 3,360,000 0.913% 97 30-0ct-13 04-Feb-14 Bank of Nova Scotia BON 4,285,733 4,296,000 0.911% 96 27-Nov-13 03-Mar-14 Bank of Nova Scotia BON 6,039,139 6,053,000 0.921% 91 02-Dec-13 03-Mar-14 Bank of Nova Scotia BDN 5,045,911 5,058,000 0.920% 95 13-Dec-13 18-Mar-14 Bank of Nova Scotia BA 5,433,801 5,446,000 0.921% 89 20-Dec-13 19-Mar-14 TD Waterhouse TD Bank GIC Short Term 2,000,000 2,000,000 1.480% 90 29-Aug-13 27-Nov-13. TD Bank GIC Short Term 2,000,000 2,000,000 1.550% 180 29-Aug-13 25-Feb-14 TD Bank Saving Account 2,000,000 2,000,000 1.250% 30-Aug-13 TD Bank GIC Short Term 2 007 306 2 007 306 1.450% 90 27-Nov-13 25-Feb-14 Total Short-term 211,512,074 211,984,306 Long Term Nesbitt Burns RBC SR Dep Note 2,493,070 2,470,000 2.364% 1,673 21-Feb-13 21-Sep-17 Royal Bank Of Canada 2,480,833 2,403,000 2.680% 1,353 26-Mar-13 08-Dec-16 CIBC Deposit Notes 1,497,976 1,482,000 2.220% 1,807 26-Mar-13 07-Mar-18 BNS 5 YR SR Deposit Note 1,327,128 1,320,000 2.242% 1,745 11-Jun-13 22-Mar-18 BNS SR Deposit Note 1 921 736 1 889 000 2.250% 695 12-Jun-13 08-May-15 Total Long-term 9,720,743 9,564,000 Total External Investments 221,232,817 221,548,306 lnterfund Investments (Internal Loans) 275,000 Total Investment Activity 221,823,306 Long Term Dispositions TD Deposit Notes 2,631,977 2,458,000 4.854% 862 05-0ct-10 13-Feb-13 Matured BMO Step Up Deposit Notes 4,000,000 4,000,000 2.250% 547 16-Sep-11 16-Mar-13 Called Early Province Of Ontario 1,426,313 1,334,000 4.750% 1 '1 03 26-May-10 02-Jun-13 Matured RBC Residual Bond 1,500,000 1,893,246 5.320% 1,640 09-Dec-08 06-Jun-13 Matured 9,558,290 9,685,246 (A) co ....... w co (X) City of Pickering Outstanding Investments as at December 31, 2013 Financial Purchase Institution Instrument Cost Princieal Yield Term Date Short-term Current & Reserve Fund Investments Nesbitt Burns BNS Bond Discount Note 5,047,060.76 5,059,000.00 0.88% 98 27 -Sep-13 BNS Bond Discount Note 6,696,955.93 6,713,000.00 0.89% 98 30-Sep-13 BNS Bond Discount Note 5,192,082.84 5,204,000.00 0.91% 92 07-0ct-13 BNS Bond Discount Note 3,351,868.80 3,360,000.00 0.91% 97 30-0ct-13 BNS Bond Discount Note 4,285,732.56 4,296,000.00 0.91% 96 27-Nov-13 BNS Bond Discount Note 6,039,138.63 6,053,000.00 0.92% 91 02-Dec-13 BNS Bond Discount Note 5,045,911.38 5,058,000.00 0.92% 95 13-Dec-13 BNS Bankers Acceptance 5,433,800.96 5,446,000.00 0.92% 89 20-Dec-13 TO Waterhouse TD Bank GIG 2,007,306.00 2,014,482.81 1.45% 90 27-Nov-13 TD Bank GIG 2,000,000.00 2,015,287.67 1.55% 180 29-Aug-13 TD Bank Savings Account 2,000,000.00 2,008,493.15 1.25% 29-Aug-13 Total Short-term 47,099,857.86 47,227,263.63 Long-term Reserve Fund Investments Canada Housing Trust 1,595,518.99 1,593,000.00 2.75% 1538 30-Jun-1 0 Province of Ontario 2,907,660.00 2,794,000.00 4.40% 1981 05-0ct-10 Province of Ontario Debenture 2,555,458.41 2,444,000.00 4.20% 2711 05-0ct-1 0 RBC Deposit Note 2,797,569.86 2, 793,000.00 5.00% 1203 05-0ct-10 Province of Ontario Coupon 671,023.87 718,095.00 2.10% 1201 03-Dec-10 Province of Ontario Notes 2,275,682.39 2,262,000.00 3.25% 1259 29-Mar-11 Bank of Montreal 1,978,944.07 1,940,000.00 3.10% 1626 27-Sep-11 Province of Ontario 2,572,930.95 2,399,000.00 4.30% 1920 05-Dec-11 Province of Ontario 2,797,257.25 2,715,000.00 3.15% 1362 16-Dec-11 Canada Housing Trust 2,584,493.99 2,542,000.00 2.45% 1342 12-Apr-12 Province of Ontario 1,436,859.92 1,406,000.00 3.15% 1236. 20-Apr-12 BMO Fixed Rate Deposit Notes 1,940,878.80 1,895,000.00 3.93% 1091 01-May-12 CIBC Deposit Notes 1,147,782.07 1 '136,000.00 2.35% 1792 21-Nov-12 RBC SR Deposit Note 2,488,753.69 2,470,000.00 2.36% 1673 21-Feb-13 RBC 2,464,725.79 2,403,000.00 2.68% 1353 26-Mar-13 CIBC Deposit Note 1,495,500.44 1,482,000.00 2.22% 1807 26-Mar-13 BNS SR Deposit Note 1 ,326,298. 78 1,320,000.00 2.24% 1745 11-Jun-13 BNS SR Deposit Note __ 1,912,221.63 1,889,000.00 2.25% 695 12-Jun-13 Total Long-term 36,949,560.90 36,201,095.00 Total External Investments 84 049,418.76 83,428,358.63 lnterfund Investments (Internal Loans) Development Charge Reserve Fund 3,027,529.00 1.97% to 4.7% various various Total as at December 31, 2013 86,455,887.63 Maturity Interest Date Payable Dates 03-Jan-14 06-Jan-14 07-Jan-14 04-Feb-14 03-Mar-14 03-Mar-14 18-Mar-14 1 9-Mar-14 25-Feb-14 25-Feb-14 31-Dec-13 15-Sep-14 Mar 15 & Sept 15 08-Mar-16 Mar 8 & Sept 8 08-Mar-18 Mar 8 & Sept 8 20-Jan-14 Jan 20 & Jul 20 18-Mar-14 Paid at Maturity 08-Sep-14 Mar 8 & Sept 8 10-Mar-16 Mar 10 & Sept 10 08-Mar-17 Mar 8 & Sept 8 08-S'ep-15 Mar 8 & Sept 8 15-Dec-15 Jun 15 & Dec 15 08-Sep-15 Mar 8 & Sept 8 27-Apr-15 Apr 27 & Oct 27 18-0ct-17 Apr 18 & Oct 18 21-Sep-17 Mar 21 & Sept 21 08-Dec-16 Jun 8 & Dec 8 07-Mar-18 Mar7&Sept7 22-Mar-18 Mar 22 & Sept 22 08-May-15 May 8 & Nov 8 various ~~ ~ n :r: =< n1 z ·-~ ~ -1 0 ;=a m -u 0 ;A! ~ ~ w + Report FIN14-14 Subject: Municipal Funding Agreement with AMO-Federal Gas Tax Revenues June 9, 2014 Page 2 Funding beyond 2018, will be based on 2016 census data. This agreement will provide the City predictable long-term funding that will assist in addressing Pickering's infrastructure needs. Once the MFA has been executed, Pickering will receive two payments annually from AMO (July and November). Discussion: On June 17, 2005, Canada, Ontario, AMO and the City of Toronto signed an agreement setting out new revenue sharing arrangements for Federal Gas Tax (FGT) funds for investment in municipal infrastructure. The FGT has now been extended to 2024, as the same parties have signed a new Administrative Agreement which took effect on April1, 2014. The new Administrative Agreement will provide $3.8 billion to Ontario's municipalities between 2014 and 2018. (Funding for the period 2019 to 2024 will be announced in 2018). AMO will continue to administer the FGT program on behalf of the Government of Canada for all municipalities except for the City of Toronto which will receive funding directly from the federal government. As noted above, Pickering will receive approximately $13.35 million over the five year period. While the predictability of the future grant funding is good news for the City, it should be noted that the 2014 FGT dollar amount is $125,476 or 4.65% less than last year: The lower funding is due to FGT allocation is based on population and Pickering's population growth has been below average in contrast with other Ontario municipalities. Expansion of Eligible Categories The new FGT agreement expands the eligible categories from seven to seventeen. The new categories that are applicable to Pickering (as a lower tier municipality are presented below): • Sports Infrastructure-amateur sport infrastructure • Recreational Infrastructure-facilities • Cultural Infrastructure-infrastructure that supports arts, museums and heritage • Tourism Infrastructure-infrastructure that attracts travelers • Disaster Mitigation-Reduces or eliminates long term impacts and risks associated with natural disasters Asset Management Plan (AMP) Requirement The MFA requires the City to have an asset management plan completed by December 31, 2016. In addition to having the AMP completed, the City must also demonstrate that the AMP is being used to guide infrastructure planning and investment decisions. 401 MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX FUNDS This Agreement made in duplicate as of 1st day of April, 2014. BETWEEN: AND: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO") THE CITY OF PICKERING (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the "Recipient") WHEREAS the Government of Canada makes up to $2 billion per year available for allocation by the Government of Canada for the purpose of municipal, regional and First Nations infrastructure starting in the fiscal year beginning on April 1, 2014 under Section 161 of Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24; WHEREAS Canada, the Province of Ontario, Ontario municipalities as represented by AMO and Toronto are signatories to the administrative agreement on The Federal Gas Tax Fund on April 1, 2014 (the "Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer federal gas tax funds made available to Ontario municipalities, excluding .Toronto, pursuant to the Canada-Ontario-AMO-Toronto Agreement on behalf of Canada; WHEREAS the Canada-Ontario-AMO-Toronto Agreement contains a framework for the transfer of federal gas tax funds to Ontario municipalities represented by AMO and Toronto to provide stable, reliable and predictable funding for municipal infrastructure purposes; WHEREAS the Recipient wishes to enter into this Agreement in order to participate in the federal Gas Tax Fund; WHEREAS AMO is carrying out the fund administration and coordinating role in accordance with its obligations set out in the Canada-Ontario-AMO-Toronto Agreement and it will accordingly undertake certain activities and require Recipients to undertake activities as set out in this Agreement. THEREFORE the Parties agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings 403 404 ascribed to them below unless the subject matter or context is inconsistent therewith: "Agreement" means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Annual Report" means the duly completed r'eport to be prepared and delivered to AMO as described in Section 7.1 and Section 1 of Schedule D.· "Asset Management Plan" means a strategic document that states how a group of assets are to be managed over a period of time. The plan describes the characteristics and condition of infrastructure assets, the levels of service expected from them, planned actions to ensure the assets are providing the expected level of service, and financing strategies to implement the planned actions. The plan may use any appropriate format, as long as it includes the information and analysis required to be in a plan as described in Ontario's Building Together: Guide for Asset Management Plans. "Association of Municipalities of Ontario (AMO)" means a legally incorporated entity under the Corporations Act, 1990 R.S.O. 1990, Chapter c.38. "Base Amount" means an amount reflecting total municipally-funded capital spending on Infrastructure between January 1, 2000 and December 31, 2004 less: (i) monies raised (during that period) under the Development Charges Act, 1997 S.O, 1997, c.27; and (ii) monies received (during that period) by Municipalities under federal and provincial infrastructure programs against which investments of Funds will be measured to ensure that investments of Funds are incremental. "Canada" means Her Majesty in Right of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. "Eligible Expenditures" means those expenditures described as eligible in Schedule C. "Eligible Projects" means projects as described in Schedule B. "Eligible Recipient" means: (a) a Municipality or its agent (including its wholly owned corporation); and (b) a non-municipal entity, including for profit, non-governmental and not-for profit organizations, on the condition that the Municipality(ies) has (have) indicated support for the project through a formal by-law passed by its (their) council( s) 2 "Event of Default" has the meaning given to it 1n Section 12.1 of this Agreement. "First Agreement" means the Municipal Funding Agreement for the transfer of federal gas tax revenues under the New Deal for Communities entered into by AMO and the CITY OF PICKERING, with an expiry date of March 31, 2015. "Funds" mean the Funds made available to the Recipient through the Gas Tax Fund, a program established by the Government of Canada under Section 161 of the Keeping Canada's Economy and Jobs Growing Act; S.C. 2011, c. 24 as amended by Section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, C. 33 or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater certainty: (i) Funds transferred to another Municipality in accordance with Section 6.2 of this Agreement, other than as set out in Sections 7.1 (a), (c) and (f), are to be treated as Funds by the Municipality to V\lhich the Funds are transferred and are not to be treated as Funds by the Recipient; and (ii) any Funds transferred to a non-municipal entity in accordance with Section 6.3 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. "Ineligible Expenditures" means those expenditures described as ineligible in Schedule C. "Infrastructure" means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario. "Lower Tier Municipality" means a municipality that forms part of an upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001 c.25. "Municipal Fiscal Year" means the period beginning January 1st of a year and ending December 31 51 of the same year. "Municipality" and "Municipalities" means every municipality as defined under the Municipal Act, 2001 S.O. 2001 c.25. "One Investment Program" means the co-investment program operated jointly by Local Authority Services, an incorporated subsidiary of AMO and CHUMS Financing Corporation, an incorporated wholly-owned subsidiary of the Municipal Finance Officers' Association of'Ontario. "Outcomes Report" means the report prepared and delivered to AMO by the Recipient by March 31,2017 and again by March 31, 2022 which reports on how Funds are supporting progress towards achieving the program benefits, more specifically described in Schedule D. "Oversight Committee" means the committee established to monitor the overall implementation of the Canada-Ontario-AMO-Toronl:o Agreement. 3 405 406 "Parties" means AMO and the Recipient. "Recipient" has the meaning given to it on the first page of this Agreement. "Third Party" means any person or legal entity, other than the Parties to this Agreement who participates in the implementation of an Eligible Project by means of a Contract. "Transfer By-law" means a by-law passed by Council of the Recipient pursuant to Section 6.2 and delivered to AMO in accordance with that section. "Unspent Funds" means the amount reported as unspent by the Recipient as of December 31, 2013 as submitted in the Recipient's 2013 Annual Expenditure Report (as defined under the First Agreement). "Upper Tier Municipality" means a Municipality of which two or more lower-tier municipalities form part for municipal purposes, as defined under the Municipal Act, 2001 S. 0. 2001 c.25. 1.2 Interpretations: Herein, etc. The words "herein", "hereof' and "hereunder'' and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect· and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 2. TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2024. 2.2 Review. This Agreement will be reviewed by·AMO by December 31, 2018. 2.3 Amendment. This Agreement may be amended at any time in writing as agreed to by AMO and the Recipient. · 4 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. 2.5 The Parties agree that the First Agreement, including section 15.4 thereof, is hereby terminated. No~withstanding the termination of the First Agreement, including section 15.4, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the First Agreement as set forth in sections 5, 7, 1 0.4, 10.5 and 10.6 of the First Agreement shall survive the said termination. 3. RECIPIENT REQUIREMENTS 3.1 Communications. The Recipient will comply with ali requirements outlined in Schedule E, including: (a) Providing upfront project information on an annual basis for communications purposes; (b) Including Canada in local project communications; and (c) Installing federal project signs. 3.2 lncrementality. Any Funds that the Recipient may receive from Canada are not intended to replace or displace existing sources of funding for the Recipient's tangible capital assets. The Recipient will ensure that its total annual expenditures on tangible capital assets over the life of the Agreement, on average, will not be less than the Base Amount. 3.3 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international trade agreements, and all other applicable laws. (a) The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is trar.~sparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1 Eligible Project Categories. Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in the categories of public transit, local roads and bridges, wastewater, water, solid waste, community energy systems, capacity building, local and regional airports, short-line rail, short-sea shipping, disaster mitigation, broadband connectivity, brownfield redevelopment, cultural, tourism, sport and recreational infrastructure, as more specifically described in Schedule B and Schedule C. 4.2 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule B and Schedule C. 5 407 408 5. ELIGIBLE EXPENDITURES 5.1 Eligible Expenditures. Schedule C sets out specific requirements for Eligible and Ineligible Expenditures. 5.2 Discretion of Canada. Subject to Section 5.1, the eligibility of any items not listed in Schedule B and/or Schedule C to this Agreement is solely at the discretion of Canada. 5.3 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject to the .terms and conditions of this Agreement, and will no longer be governed by the terms and conditions of the First Agreement. 5.4 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and timely access to all documentation, records and accounts and those of their respective agents or Third Parties related to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by AMO or Canada or their respective designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 5.5 Retention of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible Expenditures in accordance with the Recipient's municipal records retention by- law and, upon reasonable notice, make them available to AMO and Canada. 6. FUNDS 6.1 Allocation of Funds. AMO will allocate and transfer Funds that Canada may make available for Ontario Municipalities to Recipients on a per capita basis with allocations made on a 50:50 basis to upper-tier and lower-tier Municipalities, where they exist. 6.2 Transfer of Funds to a Municipality. Where a Re~ipient decides to allocate and transfer Funds to another Municipality (the "Transferee Municipality"): (a) The allocation and transfer shall be authorized by by-law (a "Transfer By-law"). The Transfer By-law shall be passed by the Recipient's council and submitted to AMO as soon thereafter as practicable. The Transfer By-law shall identify the Transferee Municipality and the amount of Funds the Transferee Municipality is to receive for the Municipal Fiscal Year specified in the Transfer By-law. (b) The Recipient is still required to submit an Annual Report in accordance with Sections 7.1 (a), (c) and (f) hereof with respect to the Funds transferred. (c) No transfer of Funds pursuant to this Section 6.2 shall be effected unless and until the Transferee Municipality has either (i) entered into an agreement with AMO on substantially the same terms as this Agreement, or (ii) has executed and delivered to AMO a written undertaking to assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred; in a form satisfactory to AMO. 6 6.3 Transfer of Funds to a non-municipal entity. Where a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality: (a) The provision of such support shall be authorized by a by-law (a "Non- municipal Transfer By-law''). The Non-municipal Transfer By-law shall be passed by the Recipient's council and submitted to AMO as soon as practicable thereafter. The Non-municipal Transfer By-law shall identify the Eligible Recipient, and the amount of Funds the Eligible Recipient is to receive for that Eligible Project. (b) The Recipient shall continue to be bound by all of the provisions of this Agreement notwithstanding any such transfer. (c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to AMO a written undertaking to assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred, in a form satisfactory to AMO. 6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. 6.5 Schedule of payout of Funds. The Recipient agrees that all Funds are to be transferred by AMO to the Recipient as set out in Schedule A. Subject to Section 6.14, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO, and, more specifically on the basis set out in Schedule A. 6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account or invest the Funds through the One Investment Program or any other eligible investment permitted by the Ontario Municipal Act, 2001 and shall retain the Funds in such reserve fund, account or investment until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that: (a) any investment of unexpended Funds will be in accordance with Ontario law and the Recipient's investment policy; and, (b) any interest earned on Funds will only be applied to Eligible Expenditures for Eligible Projects, more specifically on the basis set out in Schedule B and Schedule C. 6. 7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended by the Recipient in respect of Eligible Expenditures within five (5) years after the end of the year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period. AMO ·reserves the right to declare that Unexpended Funds after five (5) years become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 6.8 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2028. 7 409 410 6.9 GST & HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient net of any applicable tax rebates. 6.10 Limit on Canada's Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project. 6.11 Federal Funds. The Recipient agrees that any Funds received will be treated as federal funds for the purpose of other federal infrastructure programs. 6.12 Stacking. If the Recipient is receiving federal funds under other federal infrastructure programs in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum federal contribution limitation set out in any other federal infrastructure program agreement made in respect of that Eligible Project shall continue to apply. 6.13 Withholding Payment. AMO may withhold payment of Funds where the Recipient is in default of compliance with any provisions of this Agreement. 6.14 Insufficient funds provided by Canada. Notwithstanding. Section 2.4, if Canada does not provide sufficient funds to continue the Funds for any Municipal Fiscal Year during which this Agreement is in effect, AMO may terminate this Agreement. 7. REPORTING REQUIREMENTS 7.1 Annual Report. The Recipient shall report in the form in Schedule D due by March 31st following each Municipal Fiscal Ye~r on: (a) the amounts received from AMO under this Agreement in respect of the previous Municipal Fiscal Year; (b) the amounts received from another Municipality; (c) the amounts transferred to another Municipality; (d) amounts paid by the Recipient in aggregate for Eligible Projects; (e) amounts held at year end by the Recipient in aggregate, including interest, to pay for Eligible Projects; (f) indicate in a narrative the progress that the Recipient has made in meeting its commitments and contributions; and, (g) a listing of all Eligible Projects that have been funded, indicating the location, investment category, project description, amount of Funds and total project cost. 7.2 Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted to AMO. Specifically the Outcomes Report shall describe, in a manner to be 8 provided by AMO, the degree to which investments in each Eligible Project are supporting progress towards achieving: (a) beneficial impacts on communities of completed Eligible Projects; and (b) enhanced impact of Funds as a predictable source of funding. 8. ASSET MANAGEMENT 8.1 Asset Management Pian. The Recipient will develop and implement an Asset Management Plan prior to December 31, 2016. 8.2 Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 9. RECORDS AND AUDIT 9.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent ba?is. 9.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient's municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to AMO and Canada for inspection or audit. 9.3 External Auditor. AMO and/or Canada may request, upon written notification, an audit of Eligible Project or an Annual Report. AMO shall retain an external auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a copy of the audit report to the Recipient and Canada at the same time that the audit report is given to AMO. 10. INSURANCE AND INDEMNITY 10.1 insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds PLJrsuant to Section 6 of this Agreement, that would be considered appropriate for a prudent Municipality undertaking Eligible Projects, including, where appropriate and without limitation, property, construction and liability insurance, 9 411 412 which insurance coverage shall identify Canada and AMO as additional insureds for the purposes of the Eligible Projects. 10.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall provide AMO with a valid certificate of insurance that confirms compliance with the requirements of Section 1 0.1. No Funds shall be expended or transferred pursuant to this Agreement until such certificate has been delivered to AMO: 10.3 AMO not liable. In no event shall Canada or AMO be liable for: (a) any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents or consultants, arising out of or in any way related to this Agreement; or · (b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or consultants arising out of any or in any way related to this Agreement. 10.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any time, hold Canada, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the Funds or an Eligible Project and that the Recipient will, at all times, compensate Canada, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to the Funds or an Eligible Project. The Recipient's obligation to compensate as set out in this section does not apply to the extent to which such claims or losses relate to the negligence of an officer, servant, employee, or agent of Canada in the performance of his or her duties. 10.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold harmless AMO, its officers, servants, employees or agents (each of which is called an "Indemnitee"), from and against all claims, losses, damages, liabilities and related expenses including the fees, charges and· disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon, "or occasioned by, any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: (a) the Funds; · (b) the Recipient's Eligible Projects, including the design, construction, operation, maintenance and repair of any part or all of the Eligible Projects; (c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, or agents; and 10 (d) any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees or agents. 11. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 11.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 11.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five (5) years following the date of completion of an Eligible Project if it is sold, leased, encumbered or otherwise disposed of. 11.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered or otherwise disposed of, remains primarily for public use or benefit. 12. DEFAULT AND TERMINATION 12.1 Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has first consulted with the Recipient. Each and every one of the following events is an "Event of Default": (a) failure by the Recipient to deliver in a timely manner an Annual Report or Outcomes Report. (b) delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement. (c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents. (d) delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement. (e) failure by the Recipient to expend Funds in accordance with Section 6.7. 12.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the default or demonstrates, to the satisfaction ofAMO in its sole discretion that it has taken such steps as are necessary to correct the default. 12.3 Remedies-on default If AMO declares that an Event of Default has occurred under Section 12.1, after thirty (30) calendar days from the Recipient's receipt of the notice of an Event of Default, it may immediately terminate or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds if AMO is satisfied that the default has been cured. 11 413 414 12.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured to its satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwitn on demand to AMO for transmission to Canada. 13. CONFLICT OF INTEREST 13.1 No conflict.of interest. The Recipient will ensure that no current member of the AMO Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from the Funds, the Unspent Funds, and interest earned thereon, unless the provision of receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 14. NOTICE 14.1 Notice. Any notice, information or document provided for under this Agreement will be effectively given if in writing and if delivered by hand, or overnight courier, mailed, postage or other charges prepaid, or sent by facsimile or email to the addresses, the facsimile numbers or email addresses set out in Section 14.3. Any notice that is sent by hand or overnight courier service shall be deemed to have been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent by facsimile shall be deemed to have been given when sent; any notice sent by email shall be deemed to have been received on the sender's receipt of an acknowledgment from the intended recipient (such as by the "return receipt requested" function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by facsimile or email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient. 14.2 Representatives. The individuals identified in Section 14.3 of this Agreement, in the first instance, act as AMO's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. 14.3 Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the following addresses: (a) If to AMO: Executive Director Federal Gas Tax Fund Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON MSH 3C6 Telephone: 416-971-9856 Facsimile: 416-971-6191 12 Email: gastax@amo.on.ca (b) If to. the Recipient: Stan Karwowski Division Head, Finance/ Treasurer City of Pickering One The Esplanade, Pickering, ON L 1V 6K7 Telephone: (905) 420-2222 Facsimile: (905) 420-0515 Email: skarwowski@pickering.ca 15. MISCELLANEOUS 15.1 Counterpart Signature. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 15.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 15.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 15.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6.7, 6.8, 7, 10.4, 10.5, 11,12.4 and 15.8. 15.6 AMO, Canada and Recipient independent The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal-agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Canada and the Recipient, between AMO and the Recipient, between Canada and a Third Party or between AMO and a Third Party. 15.7 No Authority to Represent. The Recipient will ensure that it does not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Canada or AMO. 13 415 Affix Corporate Seal 416 15.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt due to Af\110, which the Recipient will reimburse forthwith, on demand, to Af\110. 15.9 Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules. 16. SCHEDULES 16.1 This Agreement, including: Schedule A Schedule of Fund Payments Schedule B Eligible Project Categories Schedule C Eligible and Ineligible Expenditures Schedule D Reporting Schedule E Communications constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. 17. SIGNATURES IN WITNESS WHEREOF, Af\110 and the Recipient have respectively executed, sealed and delivered this Agreement on the date set out on the front page. RECIPIENT'S NAME: CITY OF PICKERING By: Name: Date Title: Name: Date Title: 14 Affix Corporate Seal THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Title: Executive Director In the presence of: Witness: Title: 15 Date Date 417 418 SCHEDULE A SCHEDULE OF FUND PAYMENTS RECIPIENT'S NAME: CITY OF PICKERING The following represents an estimate of the Funds and schedule of payments for the first five (5) years of the Agreement. Year Schedule of Fund Payments Payment #1 Payment #2 2014 $1,284,476.64 $1,284,476.63 2015 $1,284,476.64 $1,284,476.63 2016 $1,348,700.47 $1,348,700.46 2017 $1,348,100.47 $1,348,700.46 2018 $1,412,924.30 '$1 ,412,924.29 An estimate of the Funds and schedule of payments for the latter five (5) years of the Agreement (2019-2023) will be provided following the review and amendment procedures specified in Section 2.2 and 2.3. 16 SCHEDULE B ELIGIBLE PROJECT CATEGORIES Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories: 1. Local roads and bridges -i.e. roads, bridges, tunnels, highways and active transportation infrastructure (active transportation refers to investments that support active me.thods of travel. This can include: cycling lanes and paths, sidewalks, hiking and walking trails). 2. Public transit -i.e. a shared passenger transport system which is available for public use. 3. Drinking Water -i.e. drinking water conservation, collection, treatment and distribution systems. 4. Wastewater -i.e. wastewater and storm water collection, treatment and management systems. 5. Solid waste-i.e. solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. 6. Community energy systems-i.e. infrastructure that generates or increases the efficient usage of energy. 7. Capacity building-i.e. investments related to strengthening the ability of Municipalities to develop long-term planning practices. 8. Short-sea shipping -i.e. infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 9. Short-line rail-i.e. railway related infrastructure for carriage of passengers or freight. 10. Regional and local airports -i.e. airport-related infrastructure (excludes the National Airport System). 11. Broadband connectivity -i.e. infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 12. Brownfield Redevelopment i.e. remediation or decontamination and redevelopment of a brownfield site within municipal boundaries, where the redevelopment includes: (a) the construction of public infrastructure as identified in the context of any other eligible category referred to in this Schedule, and/or; (b) the construction of municipal use public parks and publicly-owned social housing. 17 419 420 13. Sport Infrastructure -i.e. amateur sport infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior hockey teams (e.g. Junior A)). 14. Recreational Infrastructure -i.e. recreational facilities or networks. 15. Cultural Infrastructure-i.e. infrastructure that supports arts, humanities, and heritage. 16. Tourism Infrastructure -i.e. infrastructure that attracts travelers for recreation, leisure, business or other purposes. 17. Disaster mitigation-i.e. infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters. Note: Investments in health infrastructure (hospitals, convalescent and senior centres) are not eligible. 18 SCHEDULE C ELIGIBLE AND INELIGIBLE EXPENDITURES 1. Eligible Expenditures 1.1 Eligible Expenditures of Recipients will be limited to the following: (a) the expenditures associated with acquiring, planning, designing, constructing or renovating a tangible capital asset, as defined by Generally Accepted Accounting Principles (GMP), and any related debt financing charges specifically identified with that asset; (b) for capacity building category only, the expenditures related to strengthening the ability of Municipalities to improve local and regional planning including capital investment plans, integrated community sustainability plans, life-cycle cost assessments, and Asset Management Plans. The expenditures could include developing and implementing: (i) studies, strategies, or systems related to asset management, which may include software acquisition and implementation; (ii) training directly related to asset management planning; and, (iii) long-term infrastructure plans. (c) the expenditures directly associated with joint federal communication activities and with federal project signage. 1 .2 Employee and Equipment Costs: The incremental costs of the Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: (a) the Recipient is able to demonstrate that it is not economically feasible to tender a contract; (b) the employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and (c) the arrangement is approved in advance and in writing by the Oversight Committee. 1.3 AMO as Agreement Administrator: Up to 0.5% of the total funds will used by AMO to undertake the administrative responsibilities to implement the Agreement and to undertake related capacity building and program delivery including expenditures associated with communication activities such as public project announcements and signage. Canada will review and accept AMO's detailed business case submitted in accordance with the Canada-Ontario-AMO-Toronto Agreement prior to undertaking the administrative and related activities. 19 421 422 2. Ineligible Expenditures The following are deemed Ineligible Expenditures: (a) project expenditures incurred before April 1, 2005; (b) project expenditures incurred before April 1, 2014 for the following Eligible Project categories: (i) regional and local airports; (ii) short-line rail; (iii) short-sea shipping; (iv) disaster mitigation; (v) broadband connectivity; (vi) brownfield redevelopment; (vii) cultural infrastructure; (viii) tourism infrastructure; (ix) sport infrastructure; and (x) recreational infrastructure. (c) the cost of leasing of equipment by the Recipient, any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs of Recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; (d) taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates; (e) purchase of land or any interest therein, and related costs; (f) legal fees; and (g) routine repair and maintenance costs. 20 424 2. Project Outcomes. The Outcomes Report shaH outline, in a manner to be provided by AMO, the degree to which investments in each project are supporting progress towards achieving: (a) Beneficial impacts on communities of completed Eligible Projects; and (b) Enhanced impact of Funds as a predictable source of funding. 3. Asset Management Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 22 SCHEDULE E COMMUNICATIONS PROTOCOL 1. Purpose. The provisions of this Communications Protocol apply to all communications activities related to any Funds and Eligible Projects. Communications activities may include, but are not limited to, public or medta events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, award programs, and multi-medta products. 2. information Sharing. The Recipient agrees to provide AMO with upfront information on planned Eligible Projects and Eligible Projects in progress on an annual basis, in an electronic format deemed acceptable by AMO, by March 31. Information will include, at a minimum: Eligible Project name, Eligible Category, Eligible Project description, total budgeted federal contribution (gas tax) and anticipated start date. 3. Project Signage 3.1 The Recipient may have a sign recognizing its contribution to Eligible Projects. 3.2 At Canada's request, the Recipient will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content and installation guidelines will be provided by Canada. 3.3 Where the Recipient decides to install a permanent plaque or other suitable marker with respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project and be approved by Canada. 3.4 The Recipient is responsible for the production and installation of Eligible Project signage, or as otherwise agreed upon. 3.5 The Recipient agrees to inform AMO of signage installations, in a manner determined by AMO. 4. Media Events a.nd Announcements for Eiigibie Projects 4.1 The Recipient agrees to have regular announcements of Eligible Projects that are benefitting from the Funds that may be provided by Canada. Key milestones may be marked by public events, news releases and/or other mechanisms. 4.2 Media events and announcements include, but are not iirnited to, news conferences, public announcements, official events or ceremonies, and news releases. 4.3 Canada, AMO or the Recipient, may request a media event or announcement. 4.4 Media events and announcements related to Eligible Projects will not occur without the prior knowledge and agreement of AMO, Canada and the Recipient. AMO as administrator will ensure prior knowledge and agreement of other signatories to the Canada-Ontario-AMO-Toronto Agreement. 23 425 426 4.5 Canada, AMO or the Recipient in requesting a media event or an announcement will provide at least 21 working days' notice to the Parties of their intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Recipient, AMO and Canada. The AMO, Canada and the Recipient will have the opportunity to participate in such events through a designated representative. Each participant will choose its designated representative. 4.6 The conduct of all joint media events, announcements and products will follow the Table of Precedence for Canada as outlined at the current Government of Canada website. 4. 7 All joint communications material related to media events and announcements must be approved by Canada and recognize the funding of all contributors. 4.8 All joint communications material must reflect Canada's policy on official languages· and the federal identity program. 5. Program Communications 5.1 The Recipient may include messaging in its own communications products and activities with regards to the use of Funds. 5.2 When undertaking such activities, the Recipient will provide the opportunity for AMO and Canada to participate and will recognize the funding of all contributors. 5.3 Canada and AMO agree that they will not unreasonably restrict the Recipient from: (i) using, for its own purposes, public communications products related to the Funds prepared by Canada or AMO ("Communication Products") or, (ii) linking to web-based Communication Products. 5.4 Notwithstanding Section 4 of Schedule E, Canada retains the right to meet its obligations to communicate information to Canadians about the use of Funds through communications products and activities. 6. Operational Communications 6.1 The Recipient is solely responsible for operational communications with respect to the Eligible Projects, including but not limited to, calls for tender, construction and public safety notices. Operational communications as described above are not subject to the federal official languages policy. 6.2 The Recipient will share information promptly with Canada and AMO should significant emerging media or stakeholder issues relating to an Eligible Project arise. AMO will advise Recipients, when appropriate, about media inquiries received by it concerning an Eligible Project and, when appropriate, other signatories to the Canada-Ontario-AMO-Toronto Agreement will advise the Recipient about media inquiries, concerning an Eligible Project. 7. Communicating Success Stories. The Recipient agrees to communicate with Canada and AMO for the purposes of coHaborating on communications activities and produces 24 including but not limited to Eligible Project success stories, Eligible Project vignettes, and Eligible Project start-to-finish features. 8. Advertising Campaigns. Recognizing that advertising can be an effective means of communication with the public, the Recipient may, at its own cost, organize an advertising or public information campaign related to the use of the Funds or the Eligible Projects. However such a campaign must respect the provisions of this Agreement. In the event of such a campaign, the Recipient agrees to inform Canada and AMO of its intention, and to inform them no less than 21 working days prior to the campaign launch. 25 427