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HomeMy WebLinkAboutMay 7 2018C<ty „! P1CKE RiNG Executive Committee Agenda Monday, May 7, 2018 Council Chambers 2:00 pm Chair: Councillor Brenner 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. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 Iroberts@pickering.ca Clg o/ PICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner (1) Disclosure of Interest (II) Delegations (III) Matters for Consideration 1. Director, Community Services, Report CS 02-18 Lease Agreements -Sport Associations Recommendation Pages 1-49 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Hockey Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; That the Mayor and City Clerk be authorized to execute the Lease Agreement with Durham West Girls' Hockey Association set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Ringette Association set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Skate Canada Pickering Skating Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 Irobertspickerinq.ca DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Swim Club set out in Attachment 5 to this report, subject to minor revisions as maybe required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 2. Director, Community Services, Report CS 14-18 Quotation No. Q-31-2018 -Quotation for Supply and Delivery of One New Four Wheel Pure Vacuum Street. Sweeper Recommendation 50-53 1. That Quotation No. Q-31-2018 submitted by Joe Johnson Equipment in the amount of $320,258.95 (HST included) be accepted; 2. That the total gross quotation cost of $321,954.00 (HST included) and the total net project cost of $289,930.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $289,930.00 by a transfer from the Development Charges — Other Services Related to Highway Reserve Fund; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. 3. Director, Community Services, Report CS 17-18 Quotation No. Q-42-2018 -Quotation for Supply and Delivery of Various Trucks Recommendation 54-58 1. That Quotation No. Q-42-2018, submitted by Donway Ford Sales Limited, in the amount of $367,074.85 (HST included) be accepted; 2. That the total gross project cost of $369,787.00 (HST included) and the total net project cost of $333,005.00 (net of HST rebate) be approved; G/ „f DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $333,005.00 from the Vehicle Replacement Reserve; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Director, Engineering Services, Report ENG 06-18 59-61 Declaration of Lands as Surplus, and Approval to Transfer Lands to the Regional Municipality of Durham at Valley Farm Road and Finch Avenue Recommendation 1. That Council declare part of Lots 20 and 21 Concession 2, and part of the Road Allowance between Lots 20 and 21, Concession 2, being Parts 2, 3 and 4, Plan 40R-29446 surplus to the needs of the City for the purpose of transfer to the Regional Municipality of Durham for nominal consideration; 2. That Council authorize the acquisition of Part 6, Plan 40R-29446 from the Regional Municipality of Durham for road allowance purposes for nominal consideration; 3. That the Mayor, City Clerk and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to effect the above; and That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in the report. 5. Director, Engineering Services, Report ENG 07-18 Traffic Impact Assessment Guidelines Recommendation 62-81 1. That Council endorse the Traffic Impact Assessment Guidelines dated March 2018; 2. That staff be authorized to release an electronic version of the guidelines to the public upon request; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Cdy �F DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 6. Director, Engineering Services, Report ENG 08-18 82-86 Declaration of Lands as Surplus and Approval to Transfer Lands to the Regional Municipality of Durham and the Regional Municipality of York at Liverpool Road and Finch Avenue Recommendation 1. That Council enact a by-law to stop -up and close Block 73, Plan M-1215 (now Parts 5, 6 and 7, Plan 40R-29193) as public highway; 2. That Council declare those parts of Block 73, Plan M-1215, being Parts 5 and 7, Plan 40R-29193 surplus to the needs of the City for the purpose of transfer to the Regional Municipality of York and the Regional Municipality of Durham respectively for nominal consideration; 3. That Council authorize the acquisition of that part of Block 43, Plan M- 1194, being Part 3, Plan 40R-29193 from the Regional Municipality of Durham and the Regional Municipality of York for walkway purposes for nominal consideration; 4. That Council authorize the acquisition of those parts of Lot 25, Plan M- 1215, being Parts 11 and 13, Plan 40R-29193 from the Regional Municipality of York for walkway and open space purposes for nominal consideration subject to easements in favour of the Regional Municipality of York for sanitary sewer purposes; 5. That the Mayor, City Clerk and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to effect the above; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 7. Director, Engineering Services, Report ENG 10-18 Request for Additional Funding -Contract Administration and Field Inspection -Palmer Bridge Rehabilitation Recommendation 87-100 fly 6( DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 1. That the fee proposal as submitted by AECOM Canada Ltd. in the amount of $200,633.76 (HST included) to cover additional contract administration and field inspection to complete the Palmer' Bridge Rehabilitation project be accepted; 2. That the total revised gross project cost of $601,899.00 (HST included ) and the total revised net project cost of $542,029.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total revised net project cost in the amount of $542,029.00 from the York Region: Southeast Collector Funding Agreement; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8. Director, Finance & Treasurer, Report FIN 06-18 Commodity Price Hedging Agreements Report Recommendation 101-103 It is recommended that Report FIN 06-18 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. 9. Director, Finance & Treasurer, Report FIN 07-18 104-110 2018 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Except for Commercial, Industrial and Multi -Residential Realty Classes Recommendation 1. That Report FIN 07-18 of the Director, Finance & Treasurer regarding the 2018 tax rates be received; 2. That the 2018 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; That the tax levy due dates for the Final Billing be June 27, 2018 and September 27, 2018 excluding the industrial, multi -residential and commercial realty tax classes; C� oo/ DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 4. That for the year 2018, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the University or College, as determined by the Minister of Training, Colleges and Universities, payable on or after July 1st ; 5. That the attached By-law be approved; 6. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; That Council approve the filing of the following assessment appeals: 1801 010 038 19800; 1801 020 017 17300; 1801 020 017 27300; 1801 020 022 06700; 1801 020 022 06906; 1801 020 025 00100; 1801 020 025 04500; 1801 020 025 25610; and 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 10. Director, Finance & Treasurer, Report FIN 08-18 111-113 Section 357/358 of the Municipal Act - Adjustment to Taxes Recommendation 1. That the write-off of taxes as provided for in Attachment 1, in accordance with sections 357 and 358 of the Municipal Act, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11. Director, Finance & Treasurer, Report FIN 09-18 114-116 2017 Building Permit Stabilization Reserve Fund Recommendation Cts 6/ DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 1. That Report FIN 09-18 of the Director, Finance & Treasurer be approved; 2. That Council authorize a transfer of $83,440 to the Building Permit Stabilization Reserve Fund (Account #7506); 3. That Council authorize a transfer of $83,440 from the Building Permit Stabilization Reserve Fund to the Rate Stabilization Reserve (Account #7021); and 4. That the appropriate City of Pickering officials beauthorized to take the necessary actions as indicated in this report. 12. Director, Finance & Treasurer, Report FIN 10-18 117-125 2018 Refinancing Debentures Recommendation 1. That Report FIN 10-18 of the Director, Finance & Treasurer regarding the 2018 refinancing debentures be approved; That the Director, Finance & Treasurer be authorized to transfer $582,000 from the Rate Stabilization Reserve to fund the outstanding principal for the debt issued for the Fire Services Division Headquarters project; That the draft by-laws attached to this report be enacted; 4. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, and take any actions necessary in order to effect the foregoing; and 5. That the appropriate City of Pickering ("City") officials be authorized to take the necessary actions as indicated in this report. 13. Fire Chief, Report FIR 01-18 126-180 Revisions to the Community Emergency Response Plan Recommendation 1. That Report FIR 01-18 of the Fire Chief be received; 64 602 DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00. pm Chair: Councillor Brenner That the Mayor and Council hereby appoint Fire Chief John Hagg, Community Emergency Management Coordinator (CEMC) as Chair of the Community Emergency Management Program Committee; 3. That the Mayor and Council hereby appoint the municipal positions of Chief Administrative Officer, Director, City Development & Chief Building Official, Director, Community Services, Director, Corporate Services & City Solicitor, Director, Engineering Services, Director, Finance & Treasurer, Fire Chief/CEMC, City Clerk and any alternate CEMC(s) to the Community Emergency Management Program Committee; 4. That Council approve the attached draft Community Emergency Management Plan that includes the changes above and other minor housekeeping amendments; 5. That By-law 7440/15 be repealed in its entirety and that the attached draft By-law be enacted. 14. Director, City Development & CBO, Report PLN 10-18 181-205 Assignment, Assumption and Amending Agreement TM Mobile Inc.. Lease of City Lands Located on Unopened Road Allowance - (Sideline 16), Municipally Described as 3010 William Jackson Drive City of Pickering Telecommunication Installation #14 Recommendation 1. That the Mayor and the Clerk be authorized to execute an assignment, assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. substantially on the terms set out in this Report, and to the satisfaction of the Director, Corporate Services & City Solicitor; and That the appropriate officials ofthe City be authorized to give effect thereto. 15. Director, City Development & CBO, Report PLN 12-18 206-224 Infrastructure Ontario Public Works Class Environmental Assessment Seaton Community — Primary Neighbourhood Connecting Trails City of Pickering DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner Recommendation 1. That Council approve the hiring of Candevcon Limited for undertaking an Infrastructure Ontario Public Works Class Environmental Assessment for the Primary Neighbourhood Connecting Trails in the Seaton Community in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; That the Letter Proposal submitted by Candevcon Limited for Professional Consulting Services for undertaking an Infrastructure Ontario Public Works Class Environmental Assessment for the Primary Neighbourhood Connecting Trails in the amount of $90,000.00 (HST excluded), provided as Appendix I to Report PLN 12-18, be accepted; That the total gross project cost of $110,740.00 (HST included) including the proposal amount plus contingency costs for other expenses such as permits, licensing or review fees, and the total net project cost of $99,725.00 (inclusive of the HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost from the Seaton Development, Implementation & Legal Assistance 2018 Council Approved Current Budget Account 2611.2392.0002; 5. That City staff be authorized to sign any agreements between the City and Candevcon Limited in a form satisfactory to the Director, City Development; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 16. Chief Administrative Officer, Report CAO 03-18 225-246 Proposal — Community Engagement on Economic Impact & Employment 407 Corridor Recommendation 1. That Proof Inc. be retained as a consultant in the amount of $150,000 as per the Purchasing Policy, Section 10.03 (c), to undertake the Community Engagement on Economic Impact & Employment — 407 Corridor; CGS 4 DICKERING Executive Committee Meeting Agenda Monday, May 7, 2018 Council Chambers - 2:00 pm Chair: Councillor Brenner 2. That the total gross project cost of $150,000.00 (HST included) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $150,000 as follows: a. The sum of $58,704 to be funded by a transfer from the Development Charges — Administration Studies Reserve Fund; b. The sum of $91,296, to be funded by a transfer from the Seaton Application Fee Reserve; That a copy of this report be forwarded to the Region of Durham and Transport Canada; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. (IV) Other Business (V) Adjournment DICKERING 6'4 Report. to Executive Committee Report Number: CS 02-18 Date: May 7, 2018 From: Marisa Carpino Director, Community Services Subject: Lease Agreements - Sport Associations - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Hockey Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Durham West Girls' Hockey. Association set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Ringette Association set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Skate Canada Pickering Skating Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Swim Club set out in Attachment 5 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with various community associations regarding exclusive and/or regular use of City owned facilities, with each such agreement to be brought back to Council for consideration and approval. Consistent with this resolution, staff have prepared draft Lease Agreements for individual sports association groups who exclusively occupy designated 1 CS 02-18 May 7, 2018 Subject: Lease Agreements . Page 2 spaces in City of Pickering facilities to support their activities and delivery of community sports programs. The Community Services Department recommends that the Lease Agreements be initiated for a five year term beginning June 1, 2018 and ending May 31, 2023. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal, maintenance and cleaning) of the Pickering Recreation Complex, Pickering Recreation Complex Arena and Don Beer Arena which are reflected annually in the Community Services Department within the Current Budget (cost centres 2731, 2735 and 2715 respectively). That said, the City's direct cost to support the designated spaces set out in the attached Lease Agreements are nominal. The respective not for profit. sports associations are responsible to fund the day-to-day costs associated with the use of these designated spaces which includes office furniture, supplies, storage/racking systems and insurance. Discussion: For the past several years, the City of Pickering has made designated facility spaces available to sports associations who deliver community sports programs at the City's Recreation Complex, and its two ice arena facilities, under a verbal agreement with the City of Pickering. These spaces are integral to the operation of these sports associations as it provides much needed office and/or storage space required to run their activities. During this time, the respective sports associations have used these premises in a compliant manner that has satisfied the City. Consistent with Council Resolution #224/14, City staff have prepared written Lease Agreements to document these longstanding verbal agreements.. As per the terms and conditions of the written agreements, the respective sports associations shall use the premises for storage and/or office space which is directly related to their program activities. Moreover, the premises cannot be materially altered without the written consent of the City. The sports associations. will also maintain insurance in the amount of two million dollars. The City is responsible for all day-to-day operating expenses of the Pickering Recreation Complex and Arena, and Don Beer Arena, including utilities, garbage removal and regular maintenance. The City's direct cost to support the designated spaces set out in the attached Lease Agreements are nominal. . These not for profit sports organizations are supported by dedicated staff and volunteers who contribute countless hours and whose programs reach thousands of sports enthusiasts every year for the benefit of this community. The City's efforts to provide dedicated storage and/or office space is just one way to support their activities, those of which are not provided directly by the City of Pickering. 2 CS 02-18 May 7, 2018 Subject: Lease Agreements Page 3 The Community Services Department recommends that the Lease Agreements included as Attachments 1 to 5 each be initiated for a five year term beginning June 1, 2018 and ending May 31, 2023. Attachments: 1. Lease Agreement with Pickering Hockey Association 2. Lease Agreement with Durham West Girls' Hockey Association 3. Lease Agreement with Pickering Ringette Association 4. Lease Agreement with Skate Canada Pickering Skating Club 5. Lease Agreement with Pickering Swim Club Prepared By: Approved/Endorsed By: Brian Duffield Division Head, Operations MC:bd Marisa CaT'pino Director, Community Services Recommended for the consideration of Pickering Cit Council Tony Prevedel, P,Eng. Chief Administrative Officer 42,ti 3 ATTACHivMENT..TO REPORT# Cs. 0a -1e> LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING HOCKEY ASSOCIATION (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Don Beer Arena, considered to be the Pickering Hockey Association's office, boardroom, mailroom and storage room as shown on Schedule "A" attached hereto, located at 940 Dillingham Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises The Premises shall be used only for storage and administrative functions of the Sports Association, and for, no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. 5 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association remains in possession of the. Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 7 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 29. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 8 6 Insurance Risks 31 The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sports Association, as the case may be, or any property by reason of any Wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. 9 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 10 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING HOCKEY ASSOCIATION I/We have authority to bind the Corporation 11 3 ,rte I d6�—sera [_-- +r r err ,.--:=. -.i=;f " 1— �1- J i R• MIAs 12_ r-7 rirl- LEASE SPACE SCHEDULE 'A' DON BEER ARENA 940 DILLINGHAM ROAD FLOOR PLANS rxirTo SCALE ATTACHMENT #a. TO REPORT# s 0 "1$ LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - DURHAM WEST GIRLS' HOCKEY ASSOCIATION (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the Pickering Recreations Complex' O'Brien Arena, considered to be the Durham West Girls Hockey Association's storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 13 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports. Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. 14 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1st of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article 111 Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. 15 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 16 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in. respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 29. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 30. The provision of the insurance policy required by this Section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 17 6 Insurance Risks 31. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to'the City. Indemnification 32. Each of the City and the Sports Association shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sports Association, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right t� Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. 18 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 19 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall bedelivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk DURHAM WEST GIRLS' HOCKEY ASSOCIATION I/We have authority to bind the Corporation 20 LEASE SPACE n MOE mem esmdamo DWGHA S1XX ACBE • • a a FFA tce SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN ATTACHMiTENT# 3 _TO REPORT# S.. oa - 1E3 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN.: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and PICKERING RINGETTE ASSOCIATION (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means that portion of the Pickering Recreations Complex' Delaney Arena, considered to be the Pickering Ringette Association's storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 22 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. 23 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by February 1St of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. 24 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 25 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to othersin respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 29. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 26 6 Insurance Risks 31. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sports Association, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. 27 7 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 28 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of. this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon -the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have.executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING RINGETTE ASSOCIATION 1/We have authority to bind the Corporation 29 LEASE SPACE 1111.1.411.1. i0:011 NORTH DRESSING ROOM (660 SF) 0 50 100 FEET SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN ATTACHMENT# ILTO REPORT # CS..9 d `1 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - SKATE CANADA PICKERING SKATING CLUB (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Recreations Complex' Delaney Arena, considered to be the Pickering Skating Club's office and storage room as shown on Schedule "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 31 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. The Premises shall be used only for storage and administrative functions of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. 32 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14.. The Sports Association shall submit their annual financial statement to the City by February 1St of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by February 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. 33 4 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 34 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 29. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 35 6 Insurance Risks 31. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sports Association, as the case may be, or any property by reason of any • wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. 36 Waiver 37. • No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the Cityand authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of the Premises during any such entry. Signs 40. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 37 8 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk SKATE CANADA PICKERING SKATING CLUB I/We have authority to bind the Corporation 38 LEASE SPACE LJ r \ CaLIMPL CD d 50 ix i - FT SCHEDULE 'A' PIGKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN ATTACHMENT# 5 TO REPORT# CS o9-16 LEASE AGREEMENT THIS LEASE AGREEMENT is made as of the BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - PICKERING SWIM CLUB (the "Sports Association") Article I Interpretation LESSOR LESSEE Definitions 1. In this Agreement, the term: (a) "Commencement Date" means (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the portions of the Pickering Recreations Complex and Delaney Arena, considered to be the Pickering Swim Club's storage rooms as shown on Schedules "A" attached hereto, located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 19; and (e) "Term" means the term of this Lease as set out in Section 16. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 40 Severability 3.. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Sports Association of its obligations under this Lease, the City leases the Premises to the Sports Association for its use during the Term. Sports Association's Use of Premises 8. , The Premises shall be used only for storage purposes of the Sports Association, and for no other purpose without the prior written consent of the City. For the purpose of clarification, the Sports Association shall not use the Premises for any business or profit -generating purposes. Nuisance 9. The Sports Association shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. 41 3 City Use of Premises 10. Subject to Section 8, the City shall have first right of refusal to use the Premises. The Sports Association shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. 11. Provided it is not required by the City for any other use, the City shall provide the Sports Association with the use of the premises during the regular facility operating times. Assignment and Subletting 12. The Sports Association shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 13. The Sports Association may not grant licences to use the Premises. 14. The Sports Association shall submit their annual financial statement to the City by December 1St of each year. 15. The Sports Association shall submit a list of its Board of Directors to the City by December 1st of each year. Article III Term Term 16. The term of this Lease shall be five (5) years from the Commencement Date to May 31, 2023. 17. The City may terminate this Lease at any time for any reason provided it has given the Sports Association six (6) months prior notice. Overholding 18. If the Sports Association remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Sports Association shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. 42 Article IV Rent Rent 19. The Sports Association shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Sports Association shall maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the Premises. 22. The City shall provide general maintenance services to the Premises at its expense. 23. The City shall be responsible for all day-to-day operating expenses including garbage removal. The Sports Association shall not be responsible for utilities. 24. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot and lights. (2) The Sports Association shall be responsible for any damages or costs incurred due to the misuse or negligence of the Sports Association, its employees, volunteers, invitees, servants, agents, or others under its control and the Sports Association shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 25. The Sports Association shall immediately notify the City of any unsafe conditions on the Premises. 43 5 Security 26. The City shall be responsible for the security of the Premises. The Sports Association is not permitted to use the premises without City personnel on site to perform this function. The Sports Association will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 27. The Sports Association shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Sports Association's Insurance 28. The Sports Association, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Sports Association's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and includes coverage for tenants legal liability. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 29. Prior to the Commencement Date, the Sports Association shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 30. The provision of the insurance policy required by this section shall not relieve the Sports Association from liability for claims not covered by the policy or which exceed its limits, if any, for which the Sports Association may be held responsible. 44 Insurance Risks 31. The Sports Association shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Sports Association on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Sports Association shall pay such increase to the City. Indemnification 32. Each of the City and the Sports Association shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Sports Association, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Article VII Remedies on Default City's Right to Re -Enter 35. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Sports Association has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 36. In addition to all other remedies the City may have under this Lease and in law, if the Sports Association is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Sports Association (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Sports Association shall be responsible for all such costs. 45 Waiver 37. No condoning, excusing or overlooking by the City of any default, breach or non -observance by the Sports Association at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non -observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Sports Association save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 38. The City shall permit the Sports Association to peaceably possess and enjoy the Premises during the Term and as per the facility operating hours without any interference from the City, or any person lawfully claiming by, from or under the City provided the Sports Association is not in default. Right of Entry 39. The Sports Association agrees to permit the City and authorized representatives of the City to enter the Premises for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Sports Association's use of.the Premises during any such entry. Signs 40. The Sports Association may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 41. The Sports Association, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Sports Association or the making of any improvements to the Premises by the Sports Association. Notice 42. Any notice required to be given by the City to the Sports Association under this Lease shall be in writing and shall be delivered to the Premises or such other 46 address of which the Sports Association has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 43. Any notice required to be given by the Sports Association to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Sports Association in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 44. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Debbie Shields, City Clerk PICKERING SWIM CLUB I/We have authority to bind the Corporation 47 LEASE SPACE 2 miadrisids 3 z ,12 r RF0IWUC • Merl WPM 131.13 1 WAIN a s: 170 SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD GROUND FLOOR PLAN LEASE SPACE N0,7,111 SCHEDULE 'A' PICKERING RECREATION COMPLEX 1867 VALLEY FARM ROAD SECOND FLOOR PLAN Cty, -f PICKERING Report to Executive Committee Report Number: CS 14 -18 Date: May 7, 2018 From: Marisa Carpino Director, Community Services Subject: Quotation No. Q-31-2018 - Quotation for Supply and Delivery of One New Four Wheel, Pure Vacuum Street Sweeper - File: A-1440 Recommendation: 1. That Quotation No. Q-31-2018 submitted by Joe Johnson Equipment in the , amount of $320,258.95 (HST included) be accepted; 2. That the total gross quotation cost of $321,954.00 (HST included) and the total net project cost of $289,930.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $289,930.00 by a transfer from the Development Charges — Other Services Related to Highway Reserve Fund; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Executive Summary: The Public Works Section, within the Community Services Department, currently utilizes two street sweepers. At the Council meeting of June 12, 2017, it was recommended that staff consider budgeting for an additional street sweeper in the 2018 budget in order to provide existing residents a higher level of street cleaning service and to accommodate for expanded service due to the Seaton development. As a result, one new street sweeper was included and approved in the 2018 Roads Equipment Capital Budget. On March 9, 2018, an advertisement was placed on the City's website; Three companies responded by the closing date of Thursday, March 22, 2018. The quotation submitted by Joe Johnson Equipment for one 2019 Elgin Whirlwind, Four Wheel, Pure Vacuum Street Sweeper has received the highest score from the Evaluation Committee, meets the required specifications, and is recommended for approval. In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total 50 CS 14-18 Subject: Quotation No. Q-31-2018 May 7, 2018 Page 2 purchase price is over $25Q000.00, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Financial Implications: 1. Quotation Amount Supply and Delivery of One New Four Wheel, Pure Vacuum Street Sweeper HST (13%) Total Gross Quotation Cost $283,415.00 36,843.95 $320,258.95 2. Estimated Project Costing Summary Quotation No. Q-31-2018 Licence Sub Total HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $283,415.00 1,500.00 284,915.00 37,039.00 $321,954.00 (32,024.00) $289,930.00 3. Approved Source of Funds 2018 Roads Equipment Capital Budget Description Supply and Delivery of One New Four Wheel, Pure Vacuum Street Sweeper Total Funds Account Code 5319.1809.6478 Source of Funds Available Required Budget Development $340,000.00 $289,930.00 Charges - Other Services Related to a Highway Reserve.Funds $340,000.00 $289,930.00 Net Project Cost under (over) Approved Funds $50,070.00 Discussion: The Public Works Section, within the Community Services Department, currently utilizes two street sweepers. The addition of another street sweeper was requested by Council during the meeting of June 12, 2017 in order to provide existing residents with a higher level of street cleaning service and to accommodate expanded service due to the Seaton development. 51 C5 14-18 May 1, 2018 Subject: Quotation No. 0-31-2018 Page 3 An Evaluation Committee consisting of Public Works staff met on April 6, 2018 and each committee member evaluated the quotations based on the rated criteria. A combined average score for each quotation was determined as part of Stage 11 of the evaluation process. Joe Johnson Equipment has received the highest scores. After careful review of all submissions received, Public Works staff recommends acceptance of the Quotation No. 0-31-2018 submitted by Joe Johnson Equipment for one 2019 Elgin Whirlwind, Four Wheel, Pure Vacuum Street Sweeper in the amount of $283,415M0.00 (plus HST) and that the total net project cost of $289,930,00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated April 12, 2018 Prepared By: r S./ t','' Bob Kuzma, CSCMP, AMCT 52 Approved/Endorsed By: Marisa Carpino, MA Supervisor, Public Works Administration Director, Community Services Stan Karwowski, MBA, CPA, CMA Director, finance & Treasurer Ray Rodrigues, CPPB Manager, Supply & Services MC:bk Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. Chief Administrative Officer ATTACHMENT #_.1- TO REPORT# QGg o/ DICKERING Memo To: From: Marisa Carpino April 12, 2018 Director, Community Services Ray Rodrigues Manager, Supply & Services Copy: Administrative Assistant, Community Services Subject: Quotation No. Q-31-2018 Supply and Delivery of One New Four Wheel, Pure Vacuum, Street Sweeper Date Closed: Thursday, March 22, 2018, before 12:00 noon File: F-5300-001 A summary of the Stage 11 and III evaluation results for each quotation is included in the evaluation attachment. Joe Johnson Equipment is the top ranked respondent with a total submitted price of $283,415 (HST Excluded). A budget of $340,000 was, provided to Supply & Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. In accordance with Purchasing Policy, 06.11 where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated. total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to theapproval of the Director, Treasurer, CAO and Council. Subject to receipt of approvals on Health & Safety and insurance documents, please provide your recommendation in report form. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. RR/jc Attachments (2) 53 54 C4 DICKERING Report to Executive Committee Report Number: CS 17-18 Date: May 7, 2018 From: Marisa Carpino Director, Community Services Subject: Quotation No. Q-42-2018 - Quotation for Supply and Delivery of Various Trucks File: A-1440 Recommendation: 1. That Quotation No. Q-42-2018, submitted by Donway Ford Sales Limited, in the amount of $367,074.85 (HST included) be accepted; 2. That the total gross project cost of $369,787.00 (HST included) and the total net project cost of $333,005.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $333,005.00 from the Vehicle Replacement Reserve; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Executive Summary: The following six vehicles within the City's Fleet Inventory have met or exceeded their scheduled replacement dates and were approved for replacement in the 2018 Capital Budget, funded from the Vehicle Replacement Reserve. a) Parks — One 4 WD 1, Ton Pickup Truck with Crew Cab (Replacement for Unit #754, a 2011 Ford) b) Roads Equipment — Three 2 WD 1 Ton Truck with Aluminum Dump Body — Three Units (Replacement for Unit #039 - 2010 Dodge, Unit #062 - 2011 Dodge and Unit #063, a 2011 Dodge) c) Parks — One 2 WD 1 Ton Truck with Aluminum Dump Body (Replacement for Unit #702, a 2010 Dodge) d) Museum — One 2 WD 1 Ton Truck with Aluminum Dump Body and Tailgate Lift (Replacement for Unit #309, a 2002 Ford) On March 8, 2018 an advertisement was placed on the City's website. Three companies have responded by the closing date of Thursday, March 22, 2018. The quotation from Donway Ford Sales Limited for one 2018 Ford F350, 4 WD, 1 Ton Pickup Truck with Crew Cab; four 2018 Ford F350, 2 WD, 1 Ton Truck with Aluminum Dump Body; and, one 2018 Ford F450, 2 WD, 1 Ton Truck with Aluminum Dump Body CS 17-18 May 7, 2018 Subject: Quotation No. Q-42-2018 Page 2 and Tailgate Lift has received the highest evaluation scores from the Evaluation Committee. In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or' tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Financial Implications: 1. Quotation Amount 4 WD 1 Ton Pickup Truck with Crew Cab 2 WD 1Ton Truck with Aluminum Dump Body — 4 units 2 WD 1 Ton Truck with Aluminum Dump Body & Tailgate Lift Subtotal HST (13%) Total Gross Quotation Cost $41,923.00 214,728.00 68,194.00 $324,845.00 42,229.85 $367,074.85 2. Estimated Project Costing Summary Quotation No. Q-42-2018 Licences (6 vehicles) Total project cost (excluding taxes) HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $324,845.00 2,400.00 $327,245.00 42,542.00 $369,787.00 (36,782.00) $333,005.00 55 CS 17-18 Subject: Quotation No. Q-42-2018 May 7, 2018 Page 3 3. Approved Source of Funds — 2018 Fleet Vehicles Capital Budget Description Account Code Source of Funds Available Required Budget $40,000.00 $43,068.00 4 WD 1 Ton, 5780.1820.6157 Vehicle Pickup Truck with Replacement Crew Cab Reserve 2 WD 1 Ton Truck 5319.1806.6157 Vehicle with Aluminum Replacement Dump Body Reserve 2 WD 1 Ton Truck 5319.1808.6157 Vehicle with Aluminum Replacement Dump Body Reserve — 2 units 2 WD 1 Ton Truck 5780.1825.6157 Vehicle with Aluminum Replacement Dump Body Reserve 2 WD 1 Ton Truck 5744.1807.6157 Vehicle with Aluminum Replacement Dump Body and Reserve Tailgate Lift Total Funds 65,000.00 55,034.00, 130, 000.00. 110, 068.00 65,000.00 55,034.00 75,000.00 69,801.00 $375,000.00 $333,005.00 Net Project Cost under (over) Approved Funds $41,995.00 The Vehicle Replacement Reserve is the funding source for the above vehicle purchases. The City makes an annual contribution to this reserve as part of its budget plan. With the purchase being funded from the reserve, the City avoids paying $38,000.00 in interest costs. Discussion: Within the City's Fleet inventory, small trucks between 1/2 ton and 1 ton are amortized over 5 to 7 years and are assessed for replacement pending a condition appraisal. Six City vehicles have met or exceeded their scheduled replacement dates, were recommended for replacement by Fleet Services and included in the approved 2018 Capital Budget (to be funded from Vehicle Replacement Reserve). An Evaluation Committee consisting of Public Works staff met on March 28, 2018 and each committee member evaluated the quotations based on the rated criteria. A combined average score for each quotation was determined as part of Stage II of the evaluation process. Donway Ford Sales Limited has received the highest score. 56 CS 17-18 May 7, 2018 Subject: Quotation No. 0-42-2018 Page 4 After careful review of the submission received, Public Works staff recommend the acceptance of Quotation No. Q-42-2018 submitted by Donway Ford Sales Limited for one 2018 Ford F350, 4 WO, 1 Ton Pickup Truck with Crew Cab; four 2018 Ford F350, 2 WD, 1 Ton Truck with Aluminum Dump Body: and, one 2018 Ford F450, 2 WD, 1 Ton Truck with Aluminum Dump Body and Tailgate Lift in the total amount of $367,074.85 (HST included) and that the total riet project cost of $333,005.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated April 5, 2018 Prepared By: Approved/Endorsed By: Bob Kuzma, CSCMP, AMCT Marisa `Ca'tpino, MA Supervisor, Public Works Administration Director, Community Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Ray Rodrigues, CPPB Manager, Supply & Services MC:bk Recommended for the consideration of Pickering Ci Council Tony Prevedel, P. Eng. Chief Administrative Officer 2a S 57 DICKERING ATTACHMENT # --fO REPORT # C5 - - Memo To: Marisa Carpino April 5, 2018 Director, Community Services From: Ray Rodrigues Manager, Supply & Services Copy: Administrative Assistant, Community Services Subject: Quotation No. Q-42-2018 Supply and Delivery of Various Trucks Date Closed: Thursday, March 22, 2018, before 12:00 noon File: F-5300-001 A summary of the Stage 11 and 111 evaluation results for each quotation is included in the evaluation attachment. Donway Ford Sales limited is the top ranked respondent for all three (3) pricing tabes with a total submitted price of $324,845 (HST Excluded), A budget of $470,000 was provided to Supply & Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. In accordance with Purchasing Policy, 06.11 where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Subject to receipt of approvals on Health & Safety and insurance documents, please provide your recommendation in report form. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Servic RR/jc Attachments (2) 58 Czy ,f DICKERING Report to Executive Committee Report Number: ENG 06-18 Date: May 7, 2018 From: Richard Holborn Director, Engineering Services Subject: Declaration of Lands as Surplus, and Approval to Transfer Lands to the Regional Municipality of Durham, at Valley Farm Road and Finch Avenue - File: A-1440 Recommendation: 1. That Council declare part of Lots 20 and 21 Concession 2, and part of the Road Allowance between Lots 20 and 21, Concession 2, being Parts 2, 3 and 4, Plan 40R-29446 surplus to the needs of the City for the purpose of transfer to the Regional Municipality of Durham for nominal consideration; 2. That Council authorize the acquisition of Part 6, Plan 40R-29446 from the Regional Municipality of Durham for road allowance purposes for nominal consideration; 3. That the Mayor, City Clerk and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to effect the above; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in the report. Executive Summary: A land exchange is required in order to have land ownership accurately reflect the occupation and assets owned by the City of Pickering (Valley Farm Road allowance) and the Region of Durham (Central Duffin Collector Metering Facility) as a result of the Southeast Collector Trunk Sewer project. Financial Implications: There are no direct financial implications arising from this Report. All costs for reference plans and legal transfers are being borne by the Region of York and/or the Region of Durham as co -proponents for the Southeast Collector Trunk Sewer project. However, the City will now be able to collect property taxes on the land including the metering facility. Discussion: The York Durham Sewage System (YDSS) conveys flows from York Region through the City of Pickering to the Duffin Creek Water Pollution Control Plant at the bottom of Squires Beach Road, in the City of Pickering. The YDSS also conveys sewage from 59 ENG 06-18 May 7, 2018 Subject: Declaration of Lands as Surplus and Approval to Transfer to the Regional Municipality of Durham al Valley Farm Road and Finch Avenue Page 2 urban areas of the City of Pickering and the Town of Ajax, and as such, the YDSS and the Duffin Creek Water Pollution Control Plant are co -owned by York and Durham. The new Southeast Collector Trunk Sewer project was recently constructed and commissioned by York and Durham as co -proponents. This new trunk sanitary sewer resulted in various facilities being constructed in Pickering, including a metering facility at the northwest corner of Valley Farm Road and Finch Avenue, on land owned by the City of Pickering, with an understanding that the land would be exchanged with land owned by the Region of Durham at the northeast corner. The metering facility determines sewage flows into the YDSS from Durham Region so that costs for operation and maintenance of the YDSS can be determined based on utilization. Now that the metering facility and the intersection reconstruct+on work is complete, where the new Southeast Collector Truck Sewer was connected to the existing YDSS, and land requirements are known, it is appropriate to transfer land between the City of Pickering and the Region of Durham. A reference plan, being 40R-29446 was registered identifying the lands to be declared as surplus and exchanged. The City will be transferring Parts 2, 3 and 4, Plan 40R-29446 with a total area of 583.6m2 to the Region of Durham, and the Region of Durham will be transferring Part 6, Plan 40R-29446 with a total area of 1013.4m2 to the City of Pickering, as shown on the location map attached (Attachment No. 1). Once the lands have been declared surplus, City staff will take the requisite steps needed to complete the transfers. The Region of Durham has completed their necessary approval process through Report # 2018 -COW -12 which was approved by Regional Council on February 14, 2018 Attachments: 1. Location Map RH:rnjh Prepared /Approved/Endorsed By: Ric and Holborn P,Eng. ❑ rector, Engineering Services Recommended for the consideration of Pickering City Council Tony Preedel, P.Eng. Chief Administrative Officer ,Z3, 2°r& CORPO227-07/01 revised 60 . 1 of r . FalbO (8 Legend Proposed Ownership after Transfer - City of Pickering Durham Region Engineering Services Department 1:492 C1An Apr, 06, 2018 Location Map — —Q4 4-- P1CKERING 61 6-4 oo/ DICKERING Report to Executive Committee Report Number: ENG 07-18 Date: May 7, 2018 From: Richard Holborn Director, Engineering Services Subject: Traffic Impact Assessment Guidelines - File: A-1440 Recommendation: 1. That Council endorse the Traffic Impact Assessment Guidelines dated March 2018; 2. That staff be authorized to release an electronic version of the guidelines to the public upon request; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: A Traffic Impact Assessment (TIA) study provides a means of . assessing the adequacy of the existing and future transportation system to accommodate additional traffic generated by a proposed development. It also provides a set of rules to assess transportation impacts from that proposed development. The TIA Guidelines have been prepared by Engineering Services staff to assist in the preparation of development related TIA studies, to ensure that the future additional traffic flow due to a proposed development will be within an acceptable level of service and is consistent with the guidelines currently being used in other Greater Toronto Area municipalities. The TIA Guidelines represent the best practices and standards to prepare TIA studies and will be periodically updated to ensure they meet current needs. The TIA Guidelines are attached for reference. Financial Implications: There are no direct costs incurred by the City with the adoption of the proposed Traffic Impact Assessment Guidelines. Discussion: A Traffic Impact Assessment (TIA) study provides a means of assessing the adequacy of the existing and future transportation system to accommodate additional traffic generated by a proposed development. It also provides a set of rules to assess transportation impacts from that proposed development. The TIA Guidelines have been prepared by Engineering Services staff to assist in the preparation of development related TIA studies, to ensure that the future additional traffic flow due to a proposed development will be within an acceptable level of service and is consistent with the guidelines currently being used in other Greater Toronto Area municipalities. 62 ENG 07-18 Subject: Traffic Impact Assessment Guidelines May 7, 2018 Page 2 The City of Pickering is expecting significant growth'in coming years. Major developments such as the Seaton Community and the intensification of the City Centre will generate significant transportation demands. The City Centre is designated as an Urban Growth Centre in the Provincial Growth Plan, and as a Mobility Hub as described in Metrolinx's Regional Transportation Plan. Generally, the need for a TIA study will be identified by Engineering Services staff during the formal pre -consultation process for developments. A TIA will vary in range and complexity depending on the type and size of the proposed development. Purpose of the Traffic Impact Assessment Guidelines There are numerous reasons why a TIA is required, including: • to evaluate the existing and future traffic impacts of a new development based on accepted practices • to provide a set of standard and consistent guidelines to developers and consultants, which results in efficient processing of development proposals • to determine improvements required to the City's transportation system and infrastructure to accommodate the impacts of new development • to identify issues which could affect a developer's decision on pursuing a proposed project When is a Traffic Impact Assessment Study Required There are a number of criteria under which a TIA may be required. In general, a TIA should be conducted whenever a proposed development is expected to generate more than 75 additional peak hour trips to or from a proposed site. A TIA may also be required when there are less than 75 vehicular trips but other issues are of concern such as the location of the development in an area of high roadway congestion, a high collision location or lack of left or right turn lanes, etc. The majority of municipalities in the Greater Toronto Area. (GTA) have developed TIA guidelines to ensure that any future transportation infrastructure is designed to their specifications. When preparing the TIA guidelines for the City of Pickering, best practices from GTA municipalities were reviewed to ensure current industry standards were reflected. TIA studies are an essential part of the development review process to assist developers and public agencies in making land use decisions, such as subdivisions, rezoning and other development reviews, where the proposal may have a significant negative impact on traffic and the transportation network. Once the TIA Guidelines are endorsed by Council, the Guidelines will be published on the City website for the public and the developers to access. Most municipalities in the GTA have published TIA Guidelines on their website for public information. City staff would also be able to provide a copy of the Guidelines to developers at pre -consultation meetings. 63 ENG 07-18 May 7, 2018 Subject: Traffic Impact Assessment Guidelines Page 3 Attachments: 1. Traffic Impact Assessment Guidelines, March 2018 Prepared By: ti) Nadeem Zahoor, P.Eng., M,Eng. Transportation Engineer Scott Booer Manager, Capital Projects & Infrastructure NZ:mjh ApprovedlEndorsed By: Ric I rd Ho 3 orn, P.Eng rector, Engineering Services Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 43, 2D/cS 64 ATTACHMENT#mow TO REPQRT# etly P1CKERING Traffic Impact Assessment Guidelines Engineering Services Department March 2018 65 A f TACHMENT# TO REPORT# City of Pickering 1 of ) Traffic Impact Assessment Guidelines t 04.18 Table of Contents Introduction 3 1.1 Traffic Impact Assessment Studies 3 1.2 Purpose of Guidelines 4 2 General Requirements 4 2.1 When is a Traffic Impact Assessment Required 4 2.2 Pre -Consultation 4 2.3 Assessment Updates 5 2.4 Qualifications to Conduct Traffic Impact Assessment 5 2.5 Submission Requirements 5 3 Guidelines for Preparation of a Traffic Impact Assessment 5 3.1 Description of the Proposed Development 6 3.2 Study Area 6 3.3 Horizon Year(s) and Time Periods for Analysis 7 3.3.1 Horizon Year(s) 7 3.3.2 Time Periods for Analysis 7 3.4 Existing Traffic Conditions 7 3.5 Background Traffic 8 3.5.1 FutureBackground Traffic 8 3.5.2 Planned Roadway Improvements 8 3.5.3 OtherArea Developments 8 3.5.4 Transit Considerations 8 3.6 Site Generated Traffic Demand 9 3.6.1 Trip Generation '9 3.6.2 Trip Distribution 10 3.6.3 Trip Assignments 10 3.7 Total Future Traffic 10 3.8 Evaluation of Impacts of Site Generated Traffic 11 3.8.1 Capacity Analysis at Intersections 11 3.8.2 Safety Analysis 12 3.9 Access Location Analysis 12 3.9.1 Access Geometrics 12 3.9.2 Turn lane requirements 13 3.9.3 Sight Distance Evaluation 13 3.9.4 Collision and Safety Analysis 13 3.10 Mitigation Measures 14 3.10.1 Off-site Improvements 14 3.10.2 On-site Improvements 15 3.11 Conclusions and Recommendations 16 4 Documentation and Reporting 16 5 Bibliography 17 Page 2 of 17 66 A T TACI4MENT# TO REPORT# EN6707- / B City of Pickering mot ) Traffic Impact Assessment Guidelines 1 Introduction 1.1 Traffic Impact Assessment Studies The City of Pickering is located within the Regional Municipality of Durham and currently has a population of 94,000, which is expected to grow significantly in the future, through development intensification in the City Center and the development of the Seaton Community. With the addition of new development, it is essential that the new traffic volume entering the existing road system be assessed to make sure that the future traffic flow will be within an acceptable level of service. The City of Pickering is responsible for maintaining its road network for safe and efficient movement of people. A Traffic Impact Assessment (TIA) provides a means of assessing the adequacy of the existing and future transportation system to accommodate additional traffic generated by a proposed development, and it provides a set of rules to assess transportation impacts from that proposed development. Traffic impact assessment benefits include, but are not limited to the following: • demonstrates how the transportation impacts of a proposed development or redevelopment can be mitigated and addressed in a manner that is consistent with the objectives of the City of Pickering • provides a set of rules for the City of Pickering consultants and the developers, to assess transportation impacts of a proposed development • helps in addressing traffic/transportation related issues associated with developments which may be of a concern to neighbouring residents, businesses and property owners • identifies need for infrastructure improvements to maintain a satisfactory and acceptable level of service • ensures appropriate access provisions for the proposed site A TIA may vary in scope and complexity depending on the type and size of the proposed development. It should consider all modes of transportation including cars, trucks, transit, cyclists and pedestrians. It should be consistent with the City's current policies and goals as expressed in the Official Plan and other planning documents. Page 3 of 17 67 City of Pickering Traffic Impact Assessment Guidelines 1.2 Purpose of Guidelines +G�ttpORT#6s o7 -13 � 1.1 ,of1 There vire numerous reasons why a TIA is required, some of which are outlined below: • it will evaluate the existing and future traffic impacts of the new development based on accepted practices • it will provide a set of standard and consistent guidelines to the developers and the consultants which results in efficient processing of development proposals • it will determine improvements required to accommodate the impacts of the iiew development • it will identify issues which could affect a developer's decision an pursuing a proposed project 2 General Requirements 2.1 When is a Traffic Impact Assessment Required Generally, the need for a TIA will be identified by Engineering Services staff during the City of Pickering's formai pre -consultation process. There are a number of criteria under which a TIA may be required. In general, a TIA should be conducted whenever a proposed development is expected to generate more than 75 additional peak hour trips to or from the site. A TIA may also be required when there are less than 75 additional peak hour trips Fut there are some other issues such as the development is located in an area of high roadway congestion ▪ as part of the proposed development, a new traffic signal is required • existing accesses are operating inefficiently or there are traffic safety concerns (such as a high collision location) • the development has direct access to a major collector/arterial road or has the potential to cause adverse safety impacts on the road network there is inadequate horizontal or vertical sight distances or grade differences at access points • there is a lack of existing left or right turn lanes on the adjacent roadway at the proposed access points or there are sightline issues 2.2 Pre -Consultation Prior to the undertaking of a TIA, pre -consultation is required between the City of Pickering and the applicant's consultant. The intent of the pre -consultation is to discuss the development proposal, relevant issues pertaining to the type of development or its location, establish the scope of assessment required, and to confirm acceptable Page 4 of 17 68 City of Pickering Traffic Impact Assessment Guidelines ATTACHMENT# _ TOREPQRT#f 6NO (24 -16 assessment parameters. Alternatively, the consultant can submit a detailed Terms of Reference to City staff for review and comment. 2.3 Assessment Updates A TIA typically has a shelf life of five (5) years. Major changes within the assessment area may reduce the usefulness and validity of the document if they were not considered in the initial assessment. Where the timing of subsequent development approvals exceeds five years, a revised T!A will be required. 2.4 Qualifications to Conduct Traffic Impact. Assessment It will be the responsibility of the proponent to retain a qualified transportation consultant experienced in transportation planning and traffic engineering to prepare the TIA, The T1A must be signed, dated and stamped by a registered Professional Engineer. The signing engineer is verifying that appropriate assumptions and methodologies have been utilized in the completion of the TIA and that they are the individual who is taking corporate and professional responsibility for the assessment. 2.5 Submission Requirements The applicant must submit five (5) copies (unless otherwise advised by the City) of the final TIA complete with all supporting documentation. The applicant must also submit an electronic copy of all analyses contained in Appendices. 3 Guidelines for Preparation of a Traffic Impact Assessment The following sections outline the required content for the TIA. in general, the content and extent of the TIA will depend on the location and size of the proposed development and the prevailing traffic conditions in the surrounding area. The TIA should consist of a main document supplemented by technical appendices containing required detailed analyses. The following is a suggested structure that will aid staff in a timely review of the TIA but may not be limited to the following tasks: • description of the proposed development • study area ▪ horizon years and time periods for analysis ▪ existing traffic conditions background traffic • site generated traffic demand ▪ total future traffic evaluation of impacts of site generated traffic Page 5 of 17 69 City of Pickering A ttLskiilEN 4_ _ 'rOrtn-pORT# _61 01-I8 Traffic Impact Assessment Guidelines _it of _LI_ - access location analysis mitigation measures conclusions and recommendations 3.1 Description of the Proposed Development A detailed description of the proposed development will enable City staff to identify the site location, its anticipated operation and its area of potential influence. The description of the proposed development includes, but is not limited to the following: • municipal address and a map showing the development location - existing land uses or permitted use provisions in an Official Plan, Official Plan Amendments, Zoning By-law, etc, proposed land use number and type of residential units - anticipated date of occupancy ▪ pedestrian bicycle and pedestrian links and facilities - proposed total building size and building location(s) - floor space area including a summary of each type of use/number of residential units anticipated date of occupancy approximate days and hours of operation • proposed internal parking arrangement and traffic circulation • proposed access points and types of access (right -in, right -out turning movement restrictions etc.) • planned full build out and phasing of the development A site plan or plan of subdivision (shown to scale), if available, would be useful for consideration in the review of the TIA. 3.2 Study Area Pre -consultation with City of Pickering Engineering Services staff shall be required to establish the limits of the study area including specific intersections to be included in the analysis. The assessment area for a TIA will typically vary according to the size of the proposed development, but should include the road sections and intersections, transit routes, and cycling and pedestrian facilities that will experience significantly higher traffic demands and/or impacts due to the proposed development. The TIA shall include a key map to illustrate the study area. Page 6 of 17 70 City of Pickering Traffic Impact Assessment Guidelines -- 1 TCREPORT#t o-4-- Fsp�i1�C�+MENTof..�� 3.3 Horizon Year(s) and Time Periods for Analysis 3.3.1 Horizon Year(s) The horizon year is the date in the future for which the traffic impacts associated with the project should be evaluated. Generally, the horizon year will be taken as five (5) years from the build -out of the site/area. Horizon years must also be identified for any interim phasing of development where phasing, interim access measures and planned transportation system improvements are anticipated. Additional horizon years may be required depending on the magnitude of the development, any major transportation system changes, or other planned significant land use changes. 3.3.2 Time Periods for Analysis Typically, the AM Peak and PM peak traffic periods will constitute the heaviest combination of site related and background traffic. However, Saturday, Sunday and site specific peak period analysis may be required for some proposed developments, such as retail, entertainment, religious, institutional and sports facilities, or developments which are located in areas in close proximity to these specific facilities. 3.4 Existing Traffic Conditions The TIA should provide all the existing traffic conditions of the proposed site and the surrounding area. The TIA should show the existing traffic volumes for the roadways and intersections in the assessment area including pedestrian volumes and turning movements for roadways and intersections. Traffic volumes may be acquired from the City, Region or from the previous transportation planning, traffic operation or transportation impact studies, depending upon its availability. Traffic volumes more than three (3) years old or counts that appear not to be reflecting existing conditions should be updated to ensure that they reflect current traffic levels. The existing traffic conditions include, but are not limited to the following items: • posted speed limits • traffic volumes • sight visibility to both the left and right for all proposed access points and adjacent intersections • location of existing curb, gutter, sidewalk/multi-use-path and bike lanes • pavement and shoulder widths • turn lane storage lengths and lane widths • grades and curvatures • presence of raised or painted medians Page 7 of 17 71 ....t-114141 �a _ _ _ i 11 REr 311 Pr i; _ 0-18 City of Pickering 8 �} Q�r Traffic Impact Assessment Guidelines ▪ turning restrictions at all intersections • location of all the existing accesses and permitted movements on -street parking regulations and availability iii the area - current uses of adjacent sites • street lighting and bus stops potential for linkages to other local roads or laneways background traffic 3.5 Background Traffic 3.5.1 Future Background Traffic The background growth projects future traffic without the proposed development. It includes at a minimum, annual growth rates and fixture traffic from other proposed (approved) developments to be located within the vicinity of the site. The growth in traffic should be established in consultation with City staff through one of the following methods: • estimation of roadway growth factors from a calibrated traffic forecast model • regression analysis of historical traffic growth • a growth rate based on approved area transportation studies In the absence of these methods, a growth rate of 2% per annum should be used. 3.5.2 Planned Roadway Improvements The consultant should identify and provide a brief description of any planned roadway improvements within the assessment area. These improvements shall be reflected in the future background and the future total traffic conditions, 3.5.3 Other Area Developments Ail significant developments under construction, approved or in the approval process and are likely to occur by the horizon years, should be identified and discussed within the report. The trips that are expected to be generated by these developments should be included in the future background volumes, The City of Pickering, City Development Department should be contacted to establish the approved/active development proposals within the assessment area. 3.5.4 Transit Considerations The consultant should also identify and evaluate the existing transit service as having potential significant impact and possible changes in modal split. Page 8 of 17 72 City of Pickering A.1 •+ACHMENT# l TO (REPORT#__. ? 6a "l Traffic Impact Assessment Guidelines .0f_a 3.6 Site Generated Traffic Demand Total site generated traffic demand will consist of trip generation, trip distribution, trip assignment and modal split. All the assumptions made should be in accordance with the standard and accepted techniques. The proponent will make sure that all the sources are well documented and justified. 3.6.1 Trip Generation The number of vehicle trips generated by the proposed development during the peak hour period shall be estimated using generally accepted methodologies, which may vary depending on the type of the development. Trip generation methods may include one or more of the following: • trip generation surveys from similar developments in the City of Pickering or comparable municipalities, which have similar operating characteristics as the proposed development • 1TE trip generation manual (most recent edition) rates or equations • "first principles" calculations of anticipated trips to/from site The basic trip generation developed using the sources above shall be adjusted where appropriate to account for the following factors that affect the number of vehicle trips generated by a site or considered additional to the assessment area road network: a Pass -by Trips Trips that represent intermediate stops an a trip already an the road network, i.e. a motorist stopping into a service station on their route to/from work. Pass -by trips must be accounted for in the turning movements into/oust of the site. Diverted linked trips should also be reviewed. b. Captive Market Effects/Synergy Represents trips which are shared between two or more uses on the same site, i.e. a motorist visiting a retail store and a grocery store on the same site. c. Travel Demand Management (TDM) Strategies to be employed at the proposed development to reduce single occupancy vehicle (SOV) trip making, i.e., staggered work hours, ride -sharing, company/hotel shuttle, bike parking, etc. All trip generation assumptions and adjustments assumed in the calculation of "new" vehicle trips shall be supported and well documented. Page 9 of 17 73 AITACt-tMENT ._._L TO REPORT# L $ ar+ -L City of Pickering to of I F Traffic Impact Assessment Guidelines 3.6.2 Trip Distribution Once the forecast trip generation is identified, the expected direction of approach and departure needs to be estimated (i.e_ the percentage of trips oriented to the north, south, east and west). The trip distribution assumptions should be supported by one or more of the following: ■ transportation tomorrow survey (TTS) data ■ existing/anticipated travel patterns • origin -destination or similar surveys • travel demand forecasting model information related to origins/destinations from a specific traffic zone or zones Engineering judgment should be utilized to determine the most applicable of the above methodologies for each particular application. All the trip generation assumptions must he presented clearly in tables and figures, and all the relevant background information shall be provided for reference as part of the report appendix. 3.6.3 Trip Assignments Trip assignment is the selection of best logical paths between origins and destinations in transportation networks. The assignment of the site trips to the assessment area road network shall combine the trip generation and distribution information with logical decision making regarding the choice of alternative routes to/from a site. Traffic assignments should consider logical routings, available projects, roadway capacities and travel times. Traffic assignments may be estimated using a transportation planning model or hand assignment based on knowledge of proposed/future road network in the assessment area. Provide the rationale for routing choices where alternatives exist. The assumptions shall take into account projected ''pass -by'' trips and "internal" trips. 3.7 Total Future Traffic A summary of the existing and future traffic demands shall be provided in a series of exhibits/illustrations that summarize the following: • existing traffic • future background traffic • site generated traffic • future total traffic -- future background and site generated traffic Summary exhibits must be provided for each peak period and analysis horizon. It is recommended, that the exhibits be provided within the body of the document where they are referenced as opposed to an appendix. Page 10 of 17 74 City of Pickering Traffic Impact Assessment Guidelines gITAcl-IMEMT# 1 T❑r P❑RT# EN(O4-13 3.8 Evaluation of Impacts of Site Generated Traffic The T$A should provide an evaluation of impacts of the site generated traffic for all the signalized and un -signalized intersections which will be affected by the new proposed site traffic volumes. The evaluation of the existing signalized and un -signalized intersections should ensure that no new problem movements are created by the development, and that existing problem moveinents are not worsened to an unacceptable level with the addition of site generated traffic. All the assumptions used in the analyses concerning lane configuration/use, pedestrian activity, saturation flows, traffic signal cycle length, phasing and timing, utilization of inter - green phase and other relevant parameters must be fully documented in an appendix. The signal timings can be obtained by Durham Region, as the Region oversees all the traffic signals within the City of Pickering. 3.8.1 Capacity Analysis at Intersections For each intersection in the assessment area, the analyses must include capacity calculations with average vehicle delays, volume to capacity ratios and 95th percentile queue lengths for overall intersection operations and individual critical movements for each combination of time and horizon year. Analysis will be done for the existing plus background growth scenarios; and for the scenario with full development. If the development is proposed to be phased, phasing scenarios must also be analyzed. The analysis shall follow the methodology of the "Highway Capacity Manual". All the analysis scenarios must be fully documented in an appendix. The analyses must incorporate adequate crossing times for pedestrians and appropriate assumptions for modelling heavy vehicle operations. All the conclusions must be documented and included in the report in an appendix. The analysis must highlight all conditions at signalized intersections or movements where: • volume to capacity (v/c) ratios for through movements or shared through/turning movements will operate at 0.85 or greater (0,85 is considered the maximum acceptable level of service for these movements) • volume to capacity (v/c) ratios for exclusive turning movements increase to 0.90 01 greater (0.90 is considered the maximum acceptable level of service for these movements) • queues for an individual movement are projected to exceed available turning lane storage at 95th percentile volumes. Page 11 of 17 75 ,V+ IACI-iMEN) J i TO REPORT# EiNel01113 City of Pickering Traffic Impact Assessment Guidelines The analysis must highlight un -signalized intersections or movements where: • level of service, based on average delay per vehicle or individual movements exceeds LOS "D" or greater • the estimated 951h percentile queue length for an individual movement exceeds the available queue storage 3.8.2 Safety Analysis The TIA must include an evaluation and identification of potential safety andfor operations issues associated with the following, as applicable. • weaving • merging • corner clearances • sight distance • vehicle -pedestrian conflicts • traffic infiltrations • access conflicts • cyclist movements • heavy vehicle movement conflicts • transit operational conflicts Where the proposed development is in the vicinity of an intersection or roadway with identified safety problems, existing collision data (available from the Region of Durham) must be reviewed and an assessment of the impact of the proposed development provided. 3.9 Access Location Analysis 3.9.1 Access Geornetrics Poorly designed or poorly located access points can impact safety and reduce the capacity of the roadway. The access locations should be reviewed to make sure that it is not negatively impacting the flow of traffic along abutting streets. Access points should be located on minor roads where feasible and justifications for more than one access must be based on capacity of site traffic and not design preference. Consideration of shared mutual access with adjacent properties, or consolidation of properties should be explored. A review of the type of access, such as a provision of Right -in, Right -out access as compared to full access should be completed, The right -in, right -out channelization reduces the frequency and severity of conflicts by reducing the basic conflict points. Page 12 of 17 76 City of Pickering ATTACHMENT#1 TOREPORT# Er467 02-18 Traffic Impact Assessment Guidelines _a_of Ali the accesses should be properly spaced from adjacent intersection and driveways. Ensure sufficient throat length has been provided, as well as appropriate sight triangles/ day -light triangles. All proposed developments with proposed truck loading facilities should be evaluated to ensure that they are adequately sized, designed and provide suitable access so that they will not adversely affect operations on city roads. Manoeuvring on municipal right-of-ways to access loading facilities is not considered acceptable. Access standards should be in conformance with those outlined in the Transportation Association of Canada (TAC) design manual. 3,9.2 Turn lane requirements The TIA must review the requirements of the left and right turning lanes based on the traffic volume warrants. For left turn warrants, please refer to the Geometric Design Standards for Ontario Highway Manual, published by the Ministry of Transportation. Where turning lanes are warranted the length of storage and taper must be documented as per traffic requirement. 3.9.3 Sight Distance Evaluation The TIA should review the requirements of sight distance at each access and at each intersection where a new road is proposed, based on appropriate standards (TAC) and the availability of sight distance determined from actual field measurements. The review of sight distance requirement must be documented. 3.9.4 Collision and Safety Analysis The TIA should include a safety review of ail the existing major accesses and intersections to identify high collision locations and for any safety issues. The safety review within the assessment area should include a recent three (3) year collision history. High collision locations (based on number, rate and severity) within the assessment area must be analyzed and measures to alleviate collision hazards must be explored that would enhance the level of safety of the site and adjacent road network for all users. Driveway access design and roadway improvements should be analysed to ensure safe stopping -and decision sight distances. Vehicle conflicts, accident potential locations, pedestrian, transit and bicycle activities are to be considered. The T1A should identify and document the operational issues associated with the following, as applicable: • high accident intersection or mid -block locations • intersections in the assessment area which are in the top 10% in terms of collision rates • conflicts between motor vehicles turning into or out of the site and pedestrians walking along sidewalks or cyclist on the streets Page 13 of 17 77 'iA(.-iVICNi# r TOREPORT#. E10-1 o4-18 City of Pickering Traffic Impact Assessment Guidelines • right turn, left turn and through movements onto and off of adjacent roads • the geometry of the access and its impacts on entering and exiting vehicles • location of bus stops in proximity to a new access or intersection • ori -street parking provisions • traffic infiltration or shortcutting through residential areas • heavy vehicle movement conflicts Summarize the data in tables and identify patterns and likely contributing factors. 3.10 Mitigation Measures The TIA should present mitigation alternatives and recommendations to ensure that acceptable operation of the transportation system is maintained. Mitigation could involve physical or operational improvements along the roadway and site access points. The improvements must incorporate recommendations outlined in previous City transportation studies or improvement projects. 3.1 D.1 Off-site Improvements Off-site Improvements could include, but are not limited to: • road network widening • pedestrian sidewalks, multi -use paths or walkways • addition of on -street bike lanes • new transit stops or relocation of existing stops • roadway paving • improve sight distance • addition of a traffic signal if warrants/spacing criteria are met • share access with adjacent land • reduce the number of driveways • addition of left or right turn lanes at intersections and/or accesses • turning restrictions or relocation of existing accesses • change of traffic control at an intersection • upgrading of traffic control signal through additional phasing and/or improved timing • co-ordination of traffic control signals • relocation or closure of existing public streets or intersections Page 14 of 17 78 City of Pickering k i" I'AC1-U LENT# I TOREPORT# EN j p}- 18 Traffic Impact Assessment Guidelines t----pfd-- ▪ installation or removal of a median barrier or other median treatments • turning restrictions at accesses or intersections 3.'10.2 On-site Improvements Off-site Improvements to reduce the impact of the proposed development could include, but are not limited to; • increase driveway queuing • improve internal vehicular traffic circulation • improve/revise pedestrian or bicycle circulation • use of directional signs and pavement markings • redesign of existing or proposed parking lot layout • access points on minor roads • turning restrictions at the access point • relocation of existing or proposed access points • combination of existing nearby accesses to reduce or eliminate the number or density of accesses • addition of on-site left and right tum channelization • bus loading/unloading areas and parking zones with adequate turning paths and clearances The TIA must demonstrate that the required improvements are in conformity with the City of Pickering's existing policies. Page 15 of 17 79 A i 'FAC! -i 41E NT #. 1 To REPORT#�- 018 City of Pickering �,p��� Traffic Impact Assessment Guidelines 3.11 Conclusions and Recommendations The improvement recommendations should take into consideration the following time related issues: • timing of short-range and long-range network improvements that are already planned and scheduled • anticipated time schedule of adjacent developments • size and timing of individual phase of the proposed developments • part of the City's transportation planning initiatives • logical sequencing of various improvements if not completed in Phase 1 • right-of-way requirements and the availability of additional right-of-way within the appropriate time frames • local priorities for transportation improvements and funding • cost-effectiveness of implementing improvements at a given stage of development • necessary lead-time for additional design and construction • compatibility with the overall roadway system 4 Documentation and Reporting The structure and format of the T IA should follow the guidelines outlined in this document, as applicable. The following is a suggested assessment structure: • Executive Summary • Table of Contents • Site/Development Description • Assessment area map identifying the assessment area and site • Existing traffic conditions • Anticipated nearby development • Existing traffic volumes • Analysis periods • Site generated traffic • Trip distribution and modal split • Traffic assignment for site generated traffic • Pass -by traffic and diverted trips • Traffic demand (future background without development) Page 16 of 17 BO `T�I�P®R`i� � �t7 0-4-- fa City of Pickering TACHMENT#,L of may. Traffic Impact Assessment Guidelines • Total traffic demand (future total background with development) • Improvement alternatives required to mitigate traffic and transportation impacts • Access considerations including visibility requirements • Safety considerations including collision summaries (tabular summary) • Parking considerations including disabled parking and high occupancy provisions • Signal warrant analysis (if applicable) • Conclusion and recommendations Five (5) copies of the final traffic impact assessment complete with supporting documentation must be submitted to City staff. All electronic Synchro and Sim Traffic files must be provided on one compact disc upon submission of the reports. 5 Bibliography • Durham Region Traffic Impact Study Guidelines Revised October 2011 • Guidelines for the Preparation of Transportation Impact Studies and site plan review — The Corporation of the City of Niagara Falls November 2011 • Traffic Impact Study Guidelines — City of Mississauga • Traffic Impact Study Guidelines August 2015 - City of Guelph • Transportation Impact Assessment Guidelines - City of London April 2012 Page 17 of 17 81 City 60/ DICKERING Report to Executive Committee Report Number: ENG 08-18 Date: May 7, 2018 From: Richard Holborn Director, Engineering Services Subject: Declaration of Lands as Surplus and Approval to Transfer Lands to the Regional Municipality of Durham and the Regional Municipality of York at Liverpool Road and Finch Avenue - File: A-1440 Recommendation: 1. That Council enact a by-law to stop -up and close Block 73, Plan M-1215 (now Parts 5, 6 and 7, Plan 40R-29193) as public highway; 2. That Council declare those parts of Block 73, Plan M-1215, being Parts 5 and 7, Plan 40R- 29193 surplus to the needs of the City for the purpose of transfer to the Regional Municipality of York and the Regional Municipality of Durham respectively for nominal consideration; 3. That Council authorize the acquisition of that part of Block 43, Plan M-1194, being Part 3, Plan 40R-29193 from the Regional Municipality of Durham and the Regional Municipality of York for walkway purposes for nominal consideration; 4. That Council authorize the acquisition of those parts of Lot 25, Plan M-1215, being Parts 11 and 13, Plan 40R-29193 from the Regional Municipality of York for walkway and open space purposes for nominal consideration subject to easements in favour of the Regional Municipality of York for sanitary sewer purposes; 5. That the Mayor, City Clerk and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to effect the above; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: In order to have land ownership accurately reflect both occupation and assets owned by the City of Pickering (walkways and open space), the Region of Durham (Pumping Station and Metering Facility) and the Region of York (residential lot), as a result of the Southeast Collector Trunk Sewer project, a land exchange is required. 82 ENG 08-18 May 7, 2018 Subject: Declaration of Lands as Surplus and Approval to Transfer to the Regional Municipality of Durham and the Regional Municipality of York at Liverpool Road and Finch Avenue Page 2 Financial Implications: There are no direct financial implications arising from this report. All costs for reference plans and legal transfers are being borne by the Region of York and/or the Region of Durham as co -proponents for the Southeast Collector Trunk Sewer project. Discussion: The York Durham Sewage System (YDSS) conveys flows from York Region through the City of Pickering to the Duffin Creek Water Pollution Control Plant at the bottom of Squires Beach Road, in the City of Pickering. The YDSS also conveys sewage from urban areas of the City of Pickering and the Town of Ajax, and as such, the YDSS and the Duffin Creek Water Pollution Control Plant are co -owned by York and Durham. The Southeast Collector Trunk Sewer project was recently constructed and commissioned by York and Durham as co -proponents. This new trunk sanitary sewer resulted in a metering facility, a reconfigured walkway, an open space parkette and a maintenance shaft for the new sewer at the northwest corner of Liverpool Road and Finch Avenue, with an understanding that the lands would be exchanged between the parties after completion. The City of Pickering will maintain the new walkway and the open space parkette located within the lands being acquired. Council should note that, when Plan of Subdivision M-1215 was developed (Barnwood Square, Wheatsheaf Lane and part of Bushmill Street), Block 73, Plan M 1215 (now Parts 5, 6 and 7 on Plan 40R-29193) was constructed as a walkway connecting Barnwood Square to Finch Avenue and dedicated on Plan M-1215 as a public highway. The construction of the Southeast Collector Trunk Sewer also resulted in the relocation of the walkway originally constructed on Block 73, Plan M-1215, with the new walkway connecting Barnwood Square to Liverpool Road. Accordingly, it is necessary to stop -up and close Block 73, Plan M-1215 as a public highway in order for the conveyance of Parts 5 and 7, Plan 40R-29193 (as described in this Report) to be affected. Part 6, Plan 40R-29193, being the remnant portion of the original walkway forms part of the newly relocated walkway, and while it will remain in the ownership of the City, it is not necessary to have it established as a public highway. The road closing by-law is attached. Appropriate notice regarding this public highway closure has been given to the public. Now that the works in the vicinity of Liverpool Road and Finch Avenue are complete, and land requirements are known, it is appropriate to transfer land between the City of Pickering, the Region of Durham, and the Region of York. Reference Plan 40R-29193 was registered identifying the lands to be declared as surplus and exchanged. The City will be transferring Part 5, Plan 40R-29193 with a total area of 61.9m2 to the Region of York and Part 7, Plan 40R-29193 with a total area of 47.9m2 to the Region of Durham, as shown on the location map attached (Attachment No. 1). The Region of Durham together with the Region of York will be transferring Part 3, Plan 40R-29193 to the City of Pickering, and the Region of York will be transferring Parts 11 and 13, Plan 40R-29193 to the City of Pickering with a CORP0227-07/01 revised 83 ENC 08-18 May 7, 2018 Subject: Declaration of Lands as Surplus and Approval to Transfer to the Regional Municipality of Durham and the Regional Municipality of York at Liverpool Road and Finch Avenue Page 3 total area 630m2 as shown an the location map attached (Attachment No. 1) Once the lands have been declared surplus, City staff will take the requisite steps needed to complete the transfers. The Region of Durham has completed their necessary approval process through Report # 2018 - COW -12 which was approved by Regional Council on February 14, 2018, and the Region of York has completed their necessary approval process in accordance with By-law No. 2016-3. Attachments: 1 _ Location Map 2. Draft By-law Prepared /Approved/Endorsed By: Ric l rd Holborn P. Eng. Qi ctor, Engineering Services RH:mjh Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Fzfri,,,,j 001 axe CORPC227-Q7/01 revised 84 ATTACHMENT -110.-1 TO REPORT# r5 Legend Proposed Ownership after Transfer City of Pickering Durham Region I. York Region FINCH AVENUE S L" Engineering Services Department 1:492 Apr. 05, 2018 Location Map rd PICKERING 8-5 The Corporation of the City of Pickering By-law No. /18 Being a by-law to stop -up and close certain road allowances within Pickering as public highway and deem them surplus to the needs of the Corporation. Whereas, pursuant to the Municipal Act, the Council of the City may pass by-laws to acquire or dispose of land or interests in land and to stop -up a highway, or part thereof, and to authorize its sale or the sale of a part thereof. Whereas, Notice of this By-law has been published for two (2) consecutive weeks, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the following .highways are hereby stopped -up and closed to vehicular and pedestrian traffic: Block 73, Plan M-1215, Pickering. 2. That the City shall ensure that all utility easements are conveyed to the appropriate utility authority for nominal consideration ($2.00) prior to their conveyances. 3. That the Director, Corporate Services & City Solicitor is authorized to obtain and execute all relevant documentation required to effect the stopping -up, closing and disposition of road allowances referred to above. By-law passed this day of , 2018. David Ryan, Mayor Debbie Shields, City Clerk 86 CGg 4 DICKERING Report to Executive Committee Report Number: ENG 10-18 Date: May 7,2018 From: Richard Holborn Director, Engineering Services Subject: Request for Additional Funding - Contract Administration and Field Inspection Palmer Bridge Rehabilitation - File: A-1440 Recommendation: 1. That the fee proposal as submitted by AECOM Canada Ltd. in the amount of $200,633.76 (HST included) to cover additional contract administration and field inspection to complete the Palmer Bridge Rehabilitation project be accepted;. 2. That the total revised gross project cost of $601,899.00 (HST included ) and the total revised net project cost of $542,029.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total revised net project cost in the amount of $542,029.00 from the York Region Southeast Collector Funding Agreement; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: AECOM Canada Ltd. was retained at a cost of $175,263.00 (HST included) to provide design, tender, construction administration and field inspection services for the Palmer Bridge Rehabilitation project. To date, two scope changes have been approved resulting in additional fees of $185,875.96 (HST included). Due to the length of the original construction schedule submitted by the contractor and delays in construction due to ground water and excavation issues; the construction administration and field inspection requirements have increased from 24 weeks to 65 weeks in duration. The additional fees related to this most recent scope change are $200,633.76 (HST included), and after including a 20% contingency, results in a revised gross project cost of $601,899 (HST included) and a net project cost of $542,029.00 (net of HST rebate). The project is fully funded by the York Region Southeast Collector Funding Agreement. The approved budget to date for this project is $335,500.00 leaving a short fall of $206,529.00. As there are unspent funds available from other enhancement projects that were completed under budget, it is recommended that these unspent funds be used to cover the additional funding required. 87 ENG 10-18 Subject: Request for Additional Funding Contract Administration and Field Inspection Palmer Bridge Rehabilitation May 7, 2018 Page 2 Financial Implications: 1. Quotation Amount Fee proposal March 14, 2018 Scope Change additional Contract Administration Environmental Monitoring and Field Inspection HST (13%) Total $177,552.00 23,081.76 $200,633.76 2.. Estimated Project. Costing Summary Original Proposal Scope Change #1 Scope Change #2 Scope Change #3 Contingency (20% of Scope Change #3) Sub -total HST (13%) Total Revised Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $155,100.00 63,435.00 101,057.00 177,552.00 35,510.00 532,654.00 69,245.00 601,899.00 (59,870.00) $542,029.00 3. Approved Source of Funds — 2014 Roads Capital Budget Account Code Source of Funds . Available Budget Required 5320.1408.6250 York Region SEC Funding Agreement $335,500.00 $335,500.00 (previously approved per ENG 15-17) Total Additional Funds Required 0.00 206,529.00 $335,500.00 $542,029.00 Net project costs (over) under approved funds ($206,529.00) With respect to the contribution from the York Region Southeast Collector (SEC) Funding Agreement, in addition to the original budget of $285,000.00 provided for this project there was an option to increase the project's funding by 20% ($57,000) through the Community Enhancement Agreement using unspent funds from other enhancement projects that were completed under • CORP0227-07/01 revised 88 ENG 10-18 May 7, 2018 Subject: Request for Additional Funding Contract Administration and Field Inspection Palmer Bridge Rehabilitation Page 3 budget. As unspent funds were available when the second scope change was approved in Report ENG 15-17, the available budget was increased. Due to the third scope change, a further additional amount of $206,529.00 is required. The SEC community enhancement projects are complete, with the exception of this project. The final invoice to York Region will include the balance of committed funds which will offset the additional funding required for this project (Palmer Bridge). Discussion: As part of the 2014 Roads Capital Budget, $285,000.00 was approved by Council for the completion of design drawings and tender documents for the Palmer Bridge Rehabilitation project. The assignment was awarded to AECOM Canada Ltd. (AECOM) through RFP -4-2015 in the amount of $155,100.00 (before tax). Since the initial award, there have been two scope changes, resulting in additional costs that have been approved. The first scope change included requirements for additional design and contract administration/field inspection, as well as a streetlight upgrade evaluation in the vicinity of the bridge. The additional fees as a result of the first scope change were approved through Report ENG 14-16 in June 2016. The second scope change included requirements to address Toronto and Region Conservation Authority (TRCA) comments, and to address bridge construction methodology resulting in a longer anticipated construction period of 24 weeks and was approved through Report ENG 15-17 in June 2017. After Tender No. T-14-2017 was awarded in June 2017, the contractor, Bob Hendricksen Construction Ltd., presented a baseline schedule of 44 weeks to undertake the bridge construction due to the requirement to keep one lane open for traffic during construction. Their proposed completion date .was June 1,.2018. The current schedule is to have the project complete by October 21, 2018 which represents a 65 week construction schedule. Delays are a result of the requirements for shoring design and difficulty with construction at the bridge abutments (in creek works) due to dewatering difficulties on the south side of the bridge. There has been no lost time due to weather on this project. The requirement for contact administration, environmental monitoring and field inspection has been increased considerably due to the longer construction period of 65 weeks compared to the original 24 weeks that was approved for AECOM's assignment. Staff have received a proposal from AECOM to provide these services for the additional period of 41 weeks, and the associated additional fees are $200,633.76 (HST included). A 20% contingency is being added to the revised net project cost in case more difficulties or delays are encountered. The Engineering Services Department recommends acceptance of the additional fee proposal from AECOM for the change in scope of work to add 41 weeks of contract administration, environmental monitoring and field inspection in the amount of $200,633.76 (HST included) and recommends that a total revised net project cost of $542,029.00 be approved. CORP0227-07/01 revised 89 ENG 10-18 Subject. Request for Additional Funding Contract Administration and Field Inspection Palmer Bridge Rehabilitation Attachments: 1. Report ENG 15-17 Prepared By: // Approved/Endorsed By: Ri5.hard Ho •orn, P.Eng. Rich j rd Hol. •rn, P.Eng. rector, Engineering Services RH:mjh May 7, 2018 Dir-ctor, Engineering Services Page 4 Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council GD S Tony Prevedel, P.Eng. Chief Administrative Officer CORPD227-07/D1 rovised 90 ATTACH PIENT #.� '10 RE POM # NCS /o -13 1_0f_ ip_ az, °d— P1CI<ERWG From_ Richard Holborn Director, Engineering Services Report to Council. Report Number: ENG 15-17 Date: June 1 2, 2017 Subject: Request for Additional Funding for Consulting Services - Proposal No. RFP -4-2015 — Palmer Bridge Rehabilitation - File: A-1440 Recommendation: 1. That the additional fee proposal as submitted by AECOM Canada Ltd, in the amount of $114,194,41 (HST included) for the change in scope of work for the Palmer Bridge Rehabilitation detail design, contract administration and field inspection be accepted; 2. That the total revised gross protect cost of $372,558.00 (HST included) and the total revised net project cost of $335,500.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total revised net project cost as approved in the 2014 Roads Capital Budget in the amount of $335,500.00 by an additional transfer of $50,500.00 from the York Region Southeast Collector Funding Agreement; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as. indicated in this report, Executive Summary: As part of the Southeast Collector (SEC) Trunk Sewer Project funding agreement for community enhancements In the City of Pickering with the Region of York, one of the approved projects was to rehabilitate the Palmer Bridge at,a total estimated cost of $2,185,040.40. As part of the 2414 Roads Capital Budget, $285,000.00 was approved by Council ,for the completion of design drawings and tender documents: RFP -4-2015 was awarded to AECOM Canada Ltd. in the amount of $175,263,00 (HST included). With reference to Report ENG 14-16 it was noted that•there was a change In the scope of the project requiring additional funds. The selection of Design Alternative 3 which included widening the existing bridge deck to provide for a sidewalk on each stele of the bridge and bike lanes, resulted in additional fees totaling $71,682,00 (HST Included), Due to a change in scope of the work required to address the Toronto and Region Conservation Authority (TRCA) comments and finalize their permit requirements, AECOM Canada Ltd. is requesting an additional. fee of $27,931.34 (HST included). Also, due to the chosen methodology of rehabilitating the bridge with one lane open at all times, the construction time has been increased by 5Q% resulting in an additional fee increase for contract administration and field inspection in the amount of $86,263.07 (HST included). 161 91 ATTAC:I4ME T# 1 C) .EP)tt i #s 154.} to -1$ ._ °Lin_ ENG 15-17 June 12, 2017 Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 — Palmier Bridge Page 2 Based on the additional effort required to address Toronto and Region Conservation Authority requirements and the increase in contract administration and field inspection, additional fees in the amount of $114,194.41 (HST included) are required. The total revised net project cost has increased to $335,500.00.00 and there is sufficient funds available to accommodate this change. Financial Implications: 1. Quotation Amount Fee Proposal May 26, 2017 Scope Change Palmer Bridge Widening HST (13%) Total Gross Quotation Cost $101,057,00 13 137.41 94 •1 2. Estirrrated Project Costing Summary Scope Change Palmer Bridge Widening $101,057.04 Additional Fees 5' . ENG 'i4-.'16 -- Ceuncii Resolution #178/16 218,535,00 Contingency (10%) 10 105.00 Subtotal $329,097.00 HST (13%) 42,861,00 Total Revised Gross Project Cost $372,558.00 HST Rebate (11.24%) . 07,058.00) Total Net Project Cost $335,6.QQ.QQ 3. Approved Source of Funds 2015 Roads Capital Budget Account Code Source of Funds Available Required Budget 5320.1408.6250 York Region SEC Funding Agreement $285,000.00 $285,500.00 Additional Funds Required 0.00 50 000.00 $2855100,00 Net Project Cost under (over) Approved Funds: ($50,500.00 c0RP0227-O7/O1 revised 92 162 t\ Ti ACHMENT _ -- TO RUM' 10 -f g ENG •15-17 June 12, 2017 Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 — Palmer Bridge Page 3 Note that with the regard to the contribution from the York Region (SEC) Enhancement Fund, in addition to the approved budget of $285,000.00, there is an option within the Community Enhancement Agreement, Section 2.02 (b), to increase the project's funding by 20%, which is $57,000.00 for this project, as long as there is sufficient funds available that can betransferred from other SEC enhancement projects that have been implemented under budget. A review of the completed SEC enhancement projects costs has been confirmed that there is sufficient savings from other projects to cover the additional $50,500.00 required. After incorporating a contingency provision, the project exceeded 10% of the original approved amount. In accordance with Section 11.04 of the City's Financial Control Policy, over expenditures exceeding 10% of the approved capital expenditures shall require the approval of the Treasurer, the Chief Administrative Officer, and Council, Council approval is being sought at this time for the additional funds required. Discussion: As part of the SEC Trunk Sewer Project funding agreement for community enhancements in the City of Pickering with the Region of York, one of the approved • projects is to rehabilitate the Palmer Bridge, located on Valley Farm Road, north of Finch Avenue. As part of the 2014 Roads Capital Budget, $285,000.00 was approved .by Council for the completion of design drawings and tender documents, in preparation for tenders to be called fpr rehabilitation of the Palmer Bridge. RFP -4-2015 was awarded to AECOM Canada Ltd. in the amount of $175,263.00 (HST included)_ Due to a change in scope of the project to widen the bridge deck to allow for sidewalk and bike lanes on both sides of the bridge, additional fees in the amount of $71,882,00 (HST included) were approved through Report ENG 14-16. Due to a change in scope of the work required to address the Toronto and Region Conservation Authority comments and finalize their permit requirements, AECOM was required to complete the following additional tasks at an additional cost of $27,931.34 (HST included): • Completion of a Meander Belt'Width Assessment and 100 Year Erosion Limit by AECOM fluvial geomorphologists. • Updates to drawings to provide additional details regarding the arrangement and installation of the proposed cofferdam. • Preparation of detailed, fill calculations and sketches. • Additional Hydraulic Analysis for storm sewer outfall and erosion protection. • Additional written and verbal correspondence with TRCA CORP0227-0710 f revised 163 93 A'1 'rl),t.:0lv1k...N'+ 1'[7 R>`PC71i'i ft irN.16-1 10-18 ENG 15-17 June 12, 2017 Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 -- Palmer Bridge page 4 The contract administration and field inspection has increased for the following tasks at an additional cost of $86,263.07 (HST included): • The estimated contract administration and field inspection time has been increased to 24 weeks from 12 weeks ( original proposal was for 12 weeks). • Consultant hourly rates have been adjusted to 2017 rates ( compared to 2016 rates in the original proposal). • Additional time a has been added for shop drawing review due to the bridge deck being widened. • Additional fees have been included for weekly site visits for an Environmental Monitor as required by TRCA. As such, AECOM Canada Ltd. submitted a proposal dated May 26, 2017 outlining the scope change and the additional fees of $114,194.41 (HST included) required to address there. The proposal has been accepted by City staff. The Engineering Services Department recommends acceptance of the additional fee proposal for a change in scope of work for the Palmer Bridge Rehabilitation submitted by AECOM Canada Ltd. in the amount of $114,194.41, (HST included) and recommends a total revised net project cost of $335,5p0.00 be approved. Attachments: 1. Report ENG 14-16 2. Council Resolution # 178116 COR R0227-07/01 revised 94 164 Al -TACH INTO I , To REPORT# 10- 48 5 ,of. ENG 15-17 Subject: Request for Additional Funding for Consulting Services • Proposal No. RFP -4-2015 — Palmer Bridge . June 12, 2017 Page 5 Prepared By: Approved/Endorsed By: Darrell Selsky, C.E.T.; CMM I Richard H. born, P.Eng. • Manager, Capital Projects & • restructure y rector, Engineering Services Stan Karwowski, MBA, CPA, CMA Director, Finance & .Treasurer DS:mjh Recommended for the consideration of Pickering City Council • Tony Prevedel, P.Eng. Chief Administrative Officer ,,zo(7. CORPO227-07/D1 revised 165 95 120 96 • ATTACH MENT#1._ TO REP.®,RT# '1 10 -13 �� �f 10 • A` TACHMENT#, TOREPORTO,. )s-/ . 1 of Report to Executive Committee Report Number: ENG 14-16 • Date: June 20, 2016 From: Richard Holborn Director, Engineering& Public Works • . ' • Subject: Request for Additional Funding for Consulting Seivices - • Proposal No. RFP -4-2015 - Palmer Bridge File: .....A-.1440. • ........ Recommendation: That the.additional fe.e proposal as submitted byAEG=M Canada in the.amount.• : •• .of $71,082,00 (HST •included) for the change in ecope.of.work for the. Palmer •. Bridge design and s •ecifications be accepted; : ' • . • : . That the total .revised .gross project cost of.$271,640,00.(HSTincluded) and. the • .• total revised net project cost of $244,620.00. (net•. of HST.rebate) be approved, That. the. Division Head, .Finance_$,Treasurer: be.authorize.d,to.finance.the total ••,revised.netproject cost as. approved in. the.. 20.14. Roads Capital Budget. in the •: amount of $244,620.00 by en additional transfer of $71,008.00from :the York Region SEC Funding Agreement; and 'That the appropriate officials of•the .City of Pickering be authorized to .take the • . necessary actions as indicated in this report. •• Executive Summary: • As part of the SEC.Trunk'Sewer enhancement funding • agreement with the Region of York, one of the approved projects was to rehabilitate the Palmer Bridge, which included the design and approvals. As part of the 2014 Roads Capital Budget, $285,000.00 was approved by Council for the completion of design • drawings and tender documents. Proposal No. RFP -4-2015 submitted.byAECOM Canada Ltd. in the amount pf • $155,100.00 (HST extra) and the total estimated net projedt cost of $173,612:00 was approved by the CAO on September 3, 2015, Due to a change in scope of work based on preliminary engineering design concepts and alternative's., additional fees in the amount of $71,682,00 (HST included) are required. The total revised net project cost• has increased to $244,620.00 and there is sufficient funds approved to accommodate this change. Net Project Cost under (over) Approved Funds: $40,380.09 ATI CHMENT.i___ TOREP©RT# C1 10 -(o of id ATTACHMENT#Lm TO REP6RT4 LN67 /S -1R - ENG 14-16 Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 — Palmer Bridge June 20, 2016 Page 2 Financial implications: 1. Quotation Amount Fee Proposal May 9, 2016 Scope Change Palmer Bridge Widening --Alternative 3. HST (13%) Total Gross Quotation Cost $63,435.00 8,247.00 $71.682,00 2. Estimated Project Costing Summary Scope Change Palmer Bridge Widening--Alternative.3..: : Request for :Proposal. No.: RFP..4-2015 Contingency.(10%o) Subtotal.:.,......':.'.. HST.(13%) Total Revised. Gross :Project Cost HST:Rebate,(11,24%) TotalNet Project $63,435.00 :1.55,100.00 21 ,854.00 240;389..00 =31,251.00 27I640,Q0 V7,020.00) 1244.620.00 ...Approved Source of Funds =2015 Roads Capital: Budget Description Fee Proposal Total Funds .ccount Code •. 5320 1408.6250 .Source of Funds. York Region. SEC Funding Agreement Available Budget equired. $285,000.00 • $244,620,00 $285,000,00. _ $244,620.00 Staff are recommending approval of an increase in the net project cost of $71,008.00 from the amount that was approved by the Chief Administrative Officer in a memo dated. September 3, 2015. Due to the increase exceeding the threshold of 10%, Council approval is required. • • CO .P0227-07!01 revised - 167 1 21 97 122 98 ATTACH MEN r'' —L OREPORT # 646,10_1$ off 10 ATT- ) S l ENG 14-16 June 20, 2016' Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 – Palmer Bridge Page 3 Discussion: As part of the SEC Trunk Sewer:enhancement funding agreement with the Region of York, one of the approved projects is to rehabilitate the Palmer Bridge, which included the design and approvals. As part of the 2014 Roads • Capital Budget, $285,000.00 as approved by Council for the completion of design drawings and tender documents in preparation for tenders to be called in the fall of 2016 • for construction to follow in the spring of 2017. . Proposal No. RFP -4-2015 submitted by AECOM Canada Ltd. In the amount pf $155,100.00 (HST extra) and the total estimated net project cost of $173,612.00 was. `. • .approved 'by the CAO on September 3, 2015.. .. • • AECOM Canada Ltd: provided the City with a Preliminary Design Report for the Palmer ;:Brid.ge, Staff.recentiy.reviewed, the. report and. met with AECOM_ Canada Ltd. to, discuss ,the three alternatives that were being proposed in the report. .Upon careful review, staff elected to proceed with Alternative 3, which. included Widening the existing• bridge deck • `to provide for a sidewalk on.each side.of the bridge and bike lane$..: This alternative re.qujres.the :consultant toperformadditional. design work.oVer and above. what.was. approved in.the original proposal. The.change in scope of work also includes.an evaluation of the. existing streetlights in. the, vicinity. of the, bridge. for: potential_ upgrades.. The. Engineering & PublicWWorks. Department recommends acceptance of the :additional fee proposal fore change. in. scope of work forthe_Palmer Bridge submitted.by AEC,OM Canada Ltd in the amount of $71;682,00 (HST included) and ,recornmends a total • revised net project cost of $244,620,00 be approved. • • CORP0227-07/01 revised ATTACH MEM' L TOREPORT#...... _-Eh (O (3 ATTACHMENT# --��1�� -- TOREPORT# EN7 I %� l of • ENG 14-16 June 20,2016. Subject: Request for Additional Funding for Consulting Services Proposal No. RFP -4-2015 — Palmer Bridge Page 4 Prepared By: Approved/Endorsed By: .Darrell Selsky, CET, CMM Ill G"\---- Manager, Capital Projects &• Infrastructure • S:rpjh. Richard Hotbo'm, P. Eng. Director, Engineering & Public Works Stan Katwovski, MBA, CPA, CMA •Division Hea, Finance & Treasurer. i • '. ..............._.Vera A. Feigem cher .::..:................... _.................... • ,,CSCMP,•CPP.o,OPPB, CPM,•CMM anager, •S.upply.&.Service$ Recommended for the consideration • • • of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0127-07101 revised 16.9 123 99 June 29, 2016 To: t'6�'i=i� i I� .._ ` ®KEP01114. _20C) 10 18 0 oLJ ATTAC�#M NT# ?- TO REPORT* �'��i 1C-0- I of i Legislative Services Division Clerk's Office Directive Memorandum Richard Holborn Director, Engineering & Public Works From: Debbie Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 27, 2016 Director, Engineering& Public Works, Report ENG 14-16 Request for Additional Funding for Consulting Services •ProposalRFP-4-2015-Palmer;Bridge , :.. Council Decision Resolution #17.8116 That the additional :fee .proposal as submitted by AECOM Canada in the amount of $71,682.00 (HST included) for the, change in scope ofwork for the.:. Palmer Bridge design and specifications be accepted; That the total revised gross project cost of $271,640.00 (HST included) and the. total revised net project cost of $244,620.00 (net of HST rebate) be approved; That the Division Head, Finance & Treasurer be authorized to finance the total revised net project cost as approved in the 2014 Roads Capital Budget in the amount of $244,620.00 by an additional transfer of $71,008.00 from the York Region SEC Funding Agreement; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. • Please take any action deemed necessary. Debbie Shields /I r Copy: Chief Administrative Officer • Director, Corporate Services & City Solicitor 100 DICKERING edy Report to Executive Committee Report Number: FIN 06-18 Date: May 7, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: Commodity Price Hedging Agreements Report Recommendation: It is recommended that Report FIN 06-18 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. Executive Summary: The Commodity Price Hedging Policy FIN 060, approved by Council per Resolution #88/10, requires a Report to Council at least once each fiscal year with respect to any and all commodity price hedging agreements in place containing, at a minimum, all information required by Section 6(1) O. Reg. 653/05, as amended, as well as: 1. A statement about the status of the agreements during the period of the Report, including a comparison of the expected and actual results of using the agreements; 2. A statement by the Treasurer that all of the agreements entered during the period of the Report are consistent with the municipality's statement of policies and goals relating to the use of Commodity Hedging Price Agreements; and 3. Such other information as Council may require. The City has entered into hedging agreements for the commodities of natural gas and electricity procurement through Local Authority Services Ltd. (LAS), which is a wholly owned subsidiary of the Association of Municipalities of Ontario (AMO). Financial Implications: The LAS Hedge Procurement Program currently includes 138 municipalities. It buys energy commodities at varying percentages of their total volume through forward price hedge contracts, rather than being subject to 100% of the price volatility through.the Spot Market. The City has elected to continue with Hedging 65% of both the City's natural gas and electricity requirements while the remaining 35% is purchased at fluctuating Spot. Market prices. 101 102 Report FIN 06-18 May 7, 2018 Subject: Commodity Price Hedging Agreements Report Page 2 Natural Gas The 2018 draft natural gas budget is $375,852. To protect the City's budget plan, the City has entered into the LAS Natural Gas Procurement Program for the period November 1, 2017 to October 31, 2018 at the hedge price of 11.90/m3. Electricity The 2018 draft hydro budget for all City operations including streetlights is $3.05 million. The LAS Electricity Procurement Program hedged purchase price is $21.41/MW (program fees included), which equates to a per kWh contracted price of 2.1410/kWh, for the period of January 1, 2018 - December 31, 2018. This results in an expected all- inclusive commodity cost of 11.8480/kWh. Discussion: Volatile shifts in utility pricing create significant challenges in maintaining utility budgets. This uncertainty in energy pricing can impact decision making and cost controllability for the City. The LAS Hedge Procurement Program stabilizes energy pricing, which assists in maintaining the Council approved budget every year. The City has hedged 65% of the City's municipal natural gas and electricity requirements at the prices contained in this report with the remaining 35% of the City's energy consumption being purchased at spot market prices for the 2018 term. This spot market exposure provides cost savings opportunities to the City compared to the current Regulated Price Plan (RPP) for eligible accounts, in addition to the price stability provided by the hedge purchase price. LAS Natural Gas Hedge Procurement Program — Enrolled April — 2006 Commodity Expenditure — 2017 - $315,131 Current Contract Price - November 1, 2017 - October 31, 2018 - 11.90/ni3 Hedged Volume — 65% The LAS 2018 hedged purchase price for the purchase only portion of natural gas decreased by 7.75% (or 10/m3) from the 2017 rate. However, the delivery charge has increased over the same period as the province began including a Cap & Trade charge of 3.35 ¢/m3to the delivery charges beginning January 1, 2017 which offsets any potential savings from the lowered hedge purchase price. LAS Electricity Procurement Program — Enrolled January— 2011 Commodity Expenditure — 2017 — $2,494,137 Current Contract Price — January 1, 2018 — December 31, 2018 — 2.141 ¢/kWh Total Expected LAS Commodity Rate — 12.723¢/kWh which includes: 65% Hedge Price + 35% Average Hourly Ontario Energy Price + Average Global Adjustment The LAS 2018 hedged purchase price portion decreased by 10% (or 0.229¢/kWh) from the 2017 rate. It is estimated that an all-inclusive cost avoidance of 0.477¢/kWh should be realized, compared to the average Time of Use rates of 13.2¢/kWh. Additionally, LAS hedged a block of off-peak power for municipal streetlight accounts that is Report HN 06-18 May 7, 2018 Subject: Commodity Price Hedging Agreements Report Page 3 expected to provide a rate of 11.8480/kWh. However, due to an expected increase in the Global Adjustment Average Rate and Ontario's Average Hourly Energy pricing, an increase to the overall cost of electricity is expected to increase 0.6660/kWh or 5.5% compared to the 2017 all-inclusive rate Treasurer's Statement: The objectives of the LAS bulk hedging procurement programs are generally synonymous with our municipal objectives: Facilitates Budgeting — purchasing blocks of energy commodities will produce stable prices for budgeting; Competitive Pricing — provides savings on required purchases; and Maximize Purchasing Power — pooling requirements with 134 municipalities and over 170 participating organizations can leverage better pricing than individual purchasing. The LAS Natural Gas and Electricity Procurement Program has provided the City with a sound commodity hedging strategy for natural gas and electricity. This benefits the City when prices fall and protects the City as much as possible when prices rise. The hedging program also helps the City to partially offset natural gas and electricity cost increases due to the Province's Cap and Trade Program and fluctuations in the Global Adjustment Rate for electricity. Annual price stabilization and price benefits from bulk procurement along with individualized support, advice and consumption data reports, provides the City with a means to monitor its usage and more accurately forecast its annual utility budgets. Attachments: None Pre_ared By. Approved / Endorsed By Ray R �+ rigues Stan Karwowski Manager, Supply & Services Director, Finance & Treasurer Recommended for the consideration of Pickering Cit un , I 431 208 Tony Prevedel, P. Eng. Chief Administrative Officer 103 614 �f DICKERING Report to Executive Committee Report Number: FIN 07-18 Date: May 7, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2018 Tax Rates and Final Tax, Due Dates for all Realty Tax Classes, Except for Commercial, Industrial and Multi -Residential Realty Classes Recommendation: 1. That Report FIN 07-18 of the Director, Finance & Treasurer regarding the 2018 tax rates be received; 2. That the 2018 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 27, 2018 and September 27, 2018 excluding the industrial, multi -residential and commercial realty tax classes; 4. That for the year 2018, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the University or College, as determined by the Minister of Training, Colleges and Universities, payable on or after July 1st ; 5. That the attached By-law be approved; That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; 7 That Council approve the filing of the following assessment appeals: 1801 010 038 19800; 1801 020 017 17300; 1801 020 017 27300; 1801 020 022 06700; 1801 020 022 06906; 1801 020 025 00100; 1801 020 025 04500; 1801 020 025 25610; and, 104 FIN 07-18 May 7, 2018 Subject: 2018 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Page 2 Except. for Commercial, Industrial and Multi -Residential Realty Classes 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Adoption of the above Recommendations and the attached By-law provides for the approval of tax rates required to raise the levy approved in the 2018 Current Budget of the City of Pickering and to levy taxes for School Boards and for the Region of Durham. This is for all realty tax classes except for commercial, industrial and multi -residential which will be dealt with later this year. Financial Implications: Adoption of the Recommendations and enacting the By-law will allow the City to bill the Final 2018 levy for all properties except for the industrial, commercial and multi -residential tax classes, which will be dealt with later this year. Passing of the By-law will assist the City of Pickering in meeting its financial obligations and reducing any borrowing costs. This levy also raises taxes for the Region of Durham and the School Boards. Discussion: The 2018 final tax billing process will consist of two separate components: 1. Residential and residential -related (farm, managed forest) properties; and, 2. Commercial, industrial and multi -residential realty classes. Later this year, a report will be presented to Council asking for Council's approval to bill the non-residential tax classes. The non-residential tax classes are subject to tax capping and Pickering's staff, in conjunction with the other lower tier municipal tax staff and the Region's finance staff, will be working on the tax capping calculations during the next few months. City's Net Tax Levy and Tax Rate Increase The City's 2018 budget provided for an average property tax increase of 2.49% and was adopted by Council through Finance Department Report FIN 03-18. The 2018 Council approved budget levy of $62,489,100 plus assessment growth of $740,000 translates into a total property tax levy of $63,229,100. The Region's tax increase for Pickering is 1.9% and the School Board increase is zero, resulting in a total average residential increase of approximately 1.8%. The property tax rates are calculated based on the budgets of both Pickering and Durham Region. The tax rate itself is defined under section 306 of the Municipal Act and it is to be calculated to eight decimal points. 105 FIN 07-18 May 7, 2018 Subject: 2018 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Page 3 Except for Commercial, Industrial and Multi -Residential Realty Classes Tax Due Date Instalments Recommendation 3 sets the due dates for the payment of residential taxes at June 27, 2018 and September 27, 2018. For your reference, the table below lists the tax instalment due dates for residential properties for the last three years. Year 1st Instalment 2nd Instalment 2018 June 27, 2018 September 27, 2018 2017 June 28, 2017 September 28, 2017 2016 June 28, 2016 September 28, 2016 2015 June 25, 2015 September 25, 2015 Communication Strategy In addition to mailing the tax bills, the City will advertise the tax instalment due dates on the City's webpage, the Pickering News Advertiser and any other communication channels deemed appropriate by the Director, Finance & Treasurer, prior to each tax due date. Other Recommendations 2 and 3 provide for the levying of all tax rates on all classes of property, except for the non-residential properties. For non-residential properties, the property taxes will be billed at a later date because the "claw back" percentages have not yet been determined. Staff will bring a separate report to Council for the non-residential billing in June. Staff's preliminary estimate for the final non-residential tax due date is September 27, 2018. Recommendation 4 provides for the levying of an annual tax for institutions designated under section 323 of the Municipal Act. In the fall of 2013, the Ministry of Training, Colleges & Universities implemented a new enrolment system for colleges which resulted in the Durham College of Applied Arts and Technology being reported under the City of Pickering. Each year the Ministry of Municipal Affairs and. Housing provides a listing of institutions and their respective capacity figures as of December 31st of the prior year. The Minister of Training, Colleges and Universities prescribes the amount to be levied for each full-time student enrolled in the college. The institution is billed directly, and levies are payable on or after July 1st each year. It is estimated that the gross billing under recommendation 4 is approximately $9,750. Changes to the Billing Schedule Recommendation 5 will allow the Director, Finance & Treasurer some latitude, limited by Provincial legislation, in effecting whatever changes may be necessary in order to ensure 106 that the taxes are billed properly and in a timely fashion. Recommendation 5 will be used FIN 07-18 May 7, 2018 Subject: 2018 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Page 4 Except for Commercial, Industria! and Multi -Residential Realty Classes only if required to meet Provincial legislative requirements, such as the requirements in subsection 343(1) of the Municipal Act that property owners must have at least twenty- one days notice to pay their taxes. A further report to Council will be prepared if there is any substantial change proposed to the billing of the final taxes. Assessment Appeals Recommendation 7 is seeking council approval to file assessment appeals for eight commercial/industrial properties. These appeals are mainly due to the assessment to sale price ratio (ASR). In other words, the combined assessed value of the properties is $12.2 million and the total of the recent sale prices is $21.0 million. Staff are asking the Municipal Property Assessment Corporation (MPAC), as a first step, to investigate these discrepancies. These appeals are rooted in the principle of tax fairness from the perspective that every property owner should pay their fair share of property taxes. Fairness means in this situation that existing inequity by paying less than fair share is corrected through the assessment appeal. Attachments: 1. By-law to Establish the 2018 Tax Rates and Final Instalment Due Dates for All Realty Classes Except Non -Residential Prepared By: Approved 1 Endorsed By: Mile Jones Stan Karwowski Supervisor, Taxation Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer ipeie 107 ATTACHMENT # j _TO REPORT #Fik)07-( The Corporation of the City of Pickering By-law No. Being a by-law to adopt the estimates of. all sums required to be raised by taxation for the year 2018 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farm and managed forest realty tax classes. Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c25, as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering the sums set forth for various purposes in Schedule "A", for the current year; and, Whereas the Regional Municipality of Durham has passed By-law 05-2018 to establish tax ratios, By-law 07-2018 to adopt estimates of all sums required by The Regional Municipality of Durham for the Durham Region Transit Commission, By-law 08-2018 to set and levy rates of taxation for Regional Solid Waste Management, and By-law 06- 2018 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas the Province of Ontario has provided the 2018 education tax rates for the realty classes; and, Whereas sub section 342(2) of the Municipal Act, 2001, S.O. 2001, c25, as amended, permits the issuance of separate tax bills for separate classes of real property for 2018;. and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law 7601/18 before the adoption of the estimates for the current year); Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. For the year 2018, The Corporation of the City of Pickering (the "City") on April 10, 2018, approved Council Report FIN 07-18 and corresponding schedules and attachments as presented, resulting in a taxation levy of $63,229,100. 108 By-law No. Page 2 2. For the year 2018, the City shall levy upon the Property Classes set out in Schedule "A", the rates of taxation as set out in Schedule "A", for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A". Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. 3. The levy provided for in Schedule "A" shall be reduced by the amount of the interim levy for 2018. 4. The Tax Levy due dates for the Final Billing be June 27, 2018 and September 27, 2018 for all classes excluding the non-residential tax classes (commercial, industrial and multi -residential). The Treasurer is hearby authorized to accept twelve monthly electronic payments commencing. January 1st and ending December 1st inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 6. The Treasurer is hearby authorized to accept twelve monthly electronic payments commencing January 8th and ending December 8th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 7 The Treasurer is hearby authorized to accept twelve monthly electronic payments commencing January 16th and ending December 16th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 8. For the year 2018, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the university or college, as determined by the Minister of Training, Colleges, and Universities, payable on or after July 1St in accordance with section 343 of the Municipal Act. 9. If any section or portion of this By-law or of Schedule "A" is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedule "A" continue in force and effect. 10 This By-law comes into force on the date it is passed. 109 By-Iaw No. Page 3 By-law passed this 14th day of May 2018. 110 David Ryan, Mayor Debbie Shields, City Clerk 2018 Budget Tax Levy Schedule A - 2018 Calculated Tax Rates 63,229,1001 2018 City Region Education Total Pickering Region Education TOTAL RTC Property Class -Taxable Phase -In Assessment Tax Rate , Tax Rate Tax Rate Tax Rate Billing Billing Billing BILLING RT Residential 13,796,370,716 0.00349006 0.00633998 0.00170000 0.01153004 48,150,162 87,468,714 23,453,830 159,072,706 RD Residential-Educ only (Legion) 761,000 0.00000000 0.00000000 0.00170000 0.00170000 0 0 1,294 1,294 FT Farm 163,401,475 0.00069801 0.00126799 0.00042500 0.00239100 114,056 207,191 69,446 390,693 TT Managed Forest 4,347,455 0.00087252 0.00158501 0.00042500 0.00288253 3,793 • 6,891 1,848 12,532 PT Pipelines .29,017,500 0.00429068 0.00779436 0.01090000 0.02298504 124,505 226,173 • 316,291 666,968 MT Multi -Residential 131,660,677 0.00651420 0.01183358 0.00170000 0.02004778 857,664 : 1,558,017 223,823 2,639,504 NT Multi -Residential (New Construction) 0.00383907 0.00697398 0.00170000 0.01251305 0 0 0 0 Cr Commercial . 925,163,790 0.00506059 0.00919298 0.01077055 0.02502412 4,681,875 8,505,012 9,964,523 23,151,410 CU Commercial- Excess Land 8,466,920 0.00404847 0.00735438 0.00861644 0.02001929 34,278 62,269 72,955 169,502 CX Commercial Vacant Land 54,979,500 0.00404847 0.00735438 0.00861644 0.02001929 222,583. 404,340 473,728 1,100,651 XT Commercial (New Construction) Full 59,868,492 0.00506059 0.00919298 0.01077055 0.02502412 302,970 550,370 644,817 1,498,156 XU Commercial (New Construction) Exc Land 4,708,426 0.00404847 0.00735438 0.00861644 0.02001929 19,062 34,628 40,570 94,259 XX Commercial (New Construction) Vacant - 0.00404847 0.00735438 0.00861644 0.02001929 0 0 0 0 ST Shopping Centres 644,178,108 0.00506059 0.00919298 0.01077055 0.02502412 3,259,921 5,921,916 6,938,153 16,119,990 SU Shopping Centres Excess Land 143,000 0.00404847 0.00735438 0.00861644 0.02001929 579 1,052 1,232 2,863 ZT Shopping Centre (New Construction) 35,377,243 0.00506059. 0.00919298 0.01077055 0.02502412 179,030 325,222 381,032 885,284 ZU Shopping Ctr Exc Land (New Construction) 85,300 0.00404847 0.00735438 0.00861644 0.02001929 345 627. 735 1,708 DT Office Building • 82,759,485 0.00506059 0.00919298 0.01077055 0.02502412 418,812 760,806 891,365 2,070,983 DU Office Building Excess Land - 0.00404847 0.00735438 0.00861644 0.02001929 0 0 0 0 YT Office Building (New Construction) - . 0.00506059 0.00919298 0.01077055 0.02502412 0 • 0 0 0 GT Parking Lot 416,000 0.00506059 0.00919298 0.01077055 0.02502412 2,105 3,824 4,481 10,410 HT Landfill - 0.00383907 0.00697398 0.01081305 0 0 0 0 IT Industrial 146,211,314 0.00762578 0.01385286 0.01340000, 0,03487864 1,114,975 2,025,445 1,959,232 5,099,652 JT Industrial (New Construction) 9,499,601 0.00762578 0.01385286 0.01090000 0.03237864 72,442 131,597 103,546 347,584 IU Industrial Excess Land 1,555,935 0.00584669 0.01062074 0.01027378 0.02674121 9,097 16,525 15,985 41,608 IX Industrial Vacant Land 11,976,943 0.00584669 0.01062074 0.01027378 0.02674121 70,025 127,204 123,048 320,278 JU Industrial Excess Land (New Construction) 1,986,700 0.00584669 0.01062074 0.00835703 0.02482446 11,616 . 21,100 16,603 49,319 LT Large Industrial 53,799,500 0.00762578 0.01385286 0.01340000 0.03487864 410,263 745,277 720,913 1,876,453 LU Large Industrial - Excess Land 1,615,400 0.00584669 0.01062074 0.01027378 0.02674121 9,445 17,157 16,596 43,198 KT Large Industrial (New Construction) 14,360,000 0.00762578 0.01385286 0.01090000 0.03237864 109,506 198,927 156,524 464,957 KU Large Ind Excess Land (New Construction) - 0.00584669 0.01062074 0.00835703 0.02482446 0 0 0 0 -1 Farmland Awaiting Development 0.00261755 0.00475499 0.00127500 0.00864754 0 0 0 Total Taxable 16,182,710,480 60,179,109 109,320,285 46,592,568 216,091,962 Property Class - Payments in Lieu RF Residential 143,023,950 0.00349006 0.00633998 0.00170000 0.01153004 499,162 906,769 243,141 1,649,072 RP Residential -Tax Tenant 44,025,320 0.00349006 0.00633998 0.00170000 0.01153004 153,651 279,120 74,843 507,614 RG Residential -General 65,242,531. 0.00349006 0.00633998 0.00000000 0.00983004 227,700 413,636 0 641,337 RH Residential- Full Shared P6. 245,100 0.00349006 0.00633998 0.00170000 0.01153004 855 1,554 417 2,826 FF Farm 110,996,700 0.00069801 0.00126799 0.00042500 0.00239100 77,477 140,743 47,174 265,393 FP Farm -Tax Tenant 34,306,594 0.00069801 0.00126799 0.00042500 0.00239100 23,946 43,500 14,580 82,027 CF Commercial Full 124,386,987 0.00506059 0.00919298 0.01077055 0.02502412 629,472 1,143,487 1,339,716 3,112,675 CH Commercial Full -Shared PIL . 39,280,320 0.00506059 0.00919298 0.01077055 0.02502412 198,782 361,103 423,071 982,955 CP Commercial Full - Tax. Tenant 2,359,750 0.00506059 0.00919298 0.01077055 0.02502412 11,942 21,693 25,416 59,051 CG Commercial General 48,003,204 0.00506059 0.00919298 0.00000000 0.01425357 242,925 441,292 0 684,217 0/ Commercial Full- Excess Land 1,647,550 0.00404847 0.00735438 0.00861644 0.02001929 6,670 12,117 14,196 32,983 CW Commercial General Excess Land 1,833,900 0.00404847 0.00735438 0.00000000 0.01140285 7,424 13,487 0 ' 20,912 CZ Commercial Gen -Vacant Land 2,822,000 0.00404847 0.00735438 0.00000000 0.01140285 11,425 20,754 0 32,179 CI Commercial- Vacant Land Shared PIL 150,500 0.00404847 0.00735438 0.00861644 0.02001929' 609 1,107 1,297 3,013 DH Office Building Full -Shared PIL 28,483,900 . 0.00506059 0.00919298 0.01077055 0.02502412 144,145 261,852 306,787 712,785 111 Industrial Full -Shared PIL 15,632,805 0.00762578 0,01385286 0.01340000 0.03487864 119,212 216,559 209,480 545,251 IP Industrial Full -Tax Tenant 273,050 0.00762578 0.01385286 0.01340000 0.03487864 2,082 3,783 3,659 9,524 IK Ind. Excess Land -Shared PIL 9,353,175 0.00584669 0.01062074 0.01027378 0.02674121 54,685 . 99,338 96,092 250,115 IQ Ind. Excess Land Tax Tenant PIL 249,950 0.00584669 0.01062074 0.01027378 0.02674121 1,461 2,655 2,568 6,684 14 Industrial Vacant Land Shared PIL 2,910,000 0.00584669 0.01062074 0.01027378 0.02674121 17,014 30,906 29,897 77,817 LK Large Ind. Excess Land - Shared P11 1,596,800 0.00584669 0.01062074 0.01027378 0.02674121 9,336 '16,959 16,405 . 42,700 LI Large Ind. Water Intake -Shared P11 9,769,600 0.00762578 0.01385286 0.01340000 0,03487864 74,501 135,337 130,913 340,750 IS Large Ind. Generating Station -Shared PIL 29,848,500 0.00762578 0.01385286 0.01340000 0.03487864 227,618 413,487 399,970 1,041,075 LN Large Ind. Non -Gen Stn -Shared P11 40,376,800 0.00762578 0,01385286 0.01340000 0.03487864 307,905 559,334 541,049 1,408,288 Total P115 756,818,986 3,050,000 5,540,572. 3,920,669 12,511,242 Grand Totals 16,939,529,466 63,229,108 114,860,858 50,513,237 228,603,203 110 A CC, o�F DICKERING Report to Executive Committee Report Number: FIN 08-18 Date: May 7, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: Section 357/358 of the Municipal Act — Adjustment to Taxes Recommendation: 1. That the write-off of taxes as provided for in Attachment 1, in accordance with sections 357 and 358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes referred to in Attachment 1 of this report represents a gross cost of $26,829.28 with a net cost to the City of approximately $6,302.97, the balance being charged back to the Region of Durham and the school boards. Pickering's share of the costs will be charged to the 2018 Current Budget allocation under General Government — Provision for Uncollectable Taxes. Discussion: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of section 357 of the Municipal Act, a reduction of taxes due to fire, demolition, exemption, assessment change or error is allowed. A change in realty tax class can translate into lower property taxes if a property is moved from industrial to commercial tax class or commercial to residential tax class. Demolitions and other physical changes to a property, such as filling in a swimming pool, or damage caused by fire or flooding, result in a reduction in assessment and a corresponding reduction in property taxes. Section 358 of the Municipal Act allows taxpayers to have their assessments revised if they have been overcharged due to a gross or manifest clerical error. On this basis, taxpayers are allowed to seek reduction of their assessments for the current year as well as the two prior years. This section of the Act allows for the reduction of taxes due to such errors, once confirmed by MPAC. Application # 29/17 makes up roughly 37% of the adjustment value on this report. This application is for changing the tax class from industrial to commercial. The property is mainly used for storage and no longer qualifies for the industrial tax rate. 111 Report FIN 08-18 May 7, 2018 Subject: Section 357/358 of the Municipal Act — Adjustment to Taxes Page 2 Application # 11/18 makes up roughly 19% of the adjustment value on this report. This application is for removing the assessment for a commercial building that was demolished in late 2016. Ten of the applications on Attachment 1 reflect the comment "Razed by demolition". Some of these applications are for the same property for more than one property tax year. In total there were five homes and one commercial building demolished. These properties are located throughout the city. All of these buildings were demolished to accommodate future development, most of which are already underway. For two of the applications there is no adjustment because the change was already reflected on the 2018 assessment roll, Six of the applications on Attachment 1 reflect the comment "Ceases to be liable for tax at rate it was taxed". These applications are for properties that were assessed as one tax class but were eligible for a different tax class for part of the year or the entire year. One of these applications is for "Gross or manifest clerical error". This application did not quality so there is no adjustment. One of these applications is for "Damaged or substantially unusable". This application did not qualify so there is no adjustment. The purpose of sections 357 and 358 is to allow the municipality to rectify assessment and classification changes that are otherwise unable to be changed. Attachments: Section 357/358 Adjustment to Taxes — Taxable Prepared By: Approved/Endorsed By: fl Mie Jones Stan Karwowski Supervisor, Taxation Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P Eng. Chief Administrative Officer Zo(8 112 Attachment 1 App # Roll Number 12 /17 020.017.40351 26 /17 030.004.18200 29 /17 020.022.01901 31 /17 020.022.05739 32 /17 020.022.05740 33 /17 030.020.10600 34 /17 030.020.10600 36 /17 010.029.11700 37 /17 010.029.11700 01 /18 010.040.05100 02 /18 010.040.05100 04 /18 030.007.15000 05 /18 030.007.15000 06 /18 030.002.17600 07 /18 030.009.15200 08 /18 030.002.10100 10 /18 010.038.11300 11 /18 020.017.29500 Reason Gross or manifest clerical error Ceases to be liable for tax at rate it was taxed Ceases to be liable for tax at rate it was taxed Ceases to be liable for tax at rate it was taxed Ceases to be liable for tax at rate it was taxed Razed by demolition Razed by demolition Razed by demolition Razed by demolition Razed by demolition Razed by demolition Razed by demolition Razed by demolition Razed by demolition Ceases to be liable for tax at rate it was taxed Ceases to be liable for tax at rate it was taxed Damaged or substantially unusable Razed by demolition City of Pickering Section 357/358 Adjustment to Taxes May 7, 2018 Comments DNQ; issue resolved with apportionment No longer commercial No longer industrial No longer industrial No longer industrial No recommendation; already adjusted by MPAC No recommendation; already adjusted by MPAC Structure Demolished Structure Demolished Structure Demolished Structure Demolished Structure Demolished Structure Demolished Structure Demolished Approved; taxable to PIL. No tax change. Approved; taxable to PIL. No tax change. House required repair; DNQ for adjustment Structure Demolished Year City Region Education Total Type of Application 2017 - - - 2017 (96.93) (177.28) 1,897.60 1,623.39 2017 2,454.99 4,490.03 3,064.60 10,009.62 2017 436.14 797.67 450.62 1,684.43 2017 394.67 721.83 391.17 1,507.67 2017 - - - 2018 - - - 2017 45.13 82.53 22.18 149.84 2018 202.66 368.14 98.71 669.51 2017 164.53 300.91 80.88 546.32 2018 431.69 784.19 210.27 1,426.15 2017 66.73 122.04 32.80 221.57 2018 773.10 1,404.39 376.57 2,554.06 2018 383.84 697.27 186.97 1,268.08 2018 - - 2018 - - 2017 - - - 2017 1, 046.42 1,913.84 2,208.38 5,168.64 6,302.97 11,505.56 9,020.75 26,829.28 358 357 357 357 357 357 357 357 357 357 357 357 357 357 357 357 357 357 ATTACHMENT # 1 .TO REPORT cry DICKERING Report to Executive Committee Report Number: FIN 09-18 Date: May 7, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2017 Building Permit Stabilization Reserve Fund Recommendation: 1. That Report FIN 09-18 of the Director, Finance & Treasurer be approved; 2. That Council authorize a transfer of $83,440 to the Building Permit Stabilization Reserve Fund (Account #7506); 3. That Council authorize a transfer of $83,440 from the Building Permit Stabilization Reserve Fund to the Rate Stabilization Reserve (Account #7021); and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Section 7(4) of the Building Code Act (the "Act") requires the City to prepare an annual report of building permit and inspection fees and related administrative and enforcement costs. This report fulfills the requirements of Section 7(4) of the Act. This report also contains information about the City's Building Permit Stabilization Reserve Fund. Financial Implications: This report contains information pertaining to the financial status of the Building Permit Stabilization Reserve Fund as at December 31, 2017.. Discussion: In December 2005, Council approved report PD 41-05, which enacted a new building permit process and fees under the Act. The Act requires permit fees to be accounted for, and not used to subsidize City functions other than administration and enforcement of the Act and the Ontario Building Code. Watson & Associates Economists Ltd. was retained to undertake a comprehensive analysis of all Planning & Development service costs, fees and legislative requirements and to develop an Activity Based Costing (ABC) model for the City. Using this information, Watson recommended an increase in building permit fees to provide for cost recovery. The purpose of the Building Permit Stabilization Reserve Fund is to provide a source of funds for current operating budget costs during an economic downturn to offset lower building permit 114 FIN 09-18 May 7, 2018 Subject: 2017 Building Permit Stabilization Reserve Fund Page 2 revenues. Without such a reserve fund, reduced growth and permit volumes during a downturn could result in severe budgetary pressures which could impair the City's ability to enforce the Act and the Building Code. The Act requires that an annual report be prepared that includes total fees collected in the previous 12 month period and a summary of directly and indirectly related administrative costs. Due to the relatively low rate of development since the fund was established in 2006, the accumulated shortfall for this reserve fund as of December 31, 2016 was $4.69 million. However, due to an excess of revenues over costs in 2017, the accumulated shortfall can be reduced by the excess of revenues in the amount of $83,440, translating into a revised accumulated deficit figure of $4.61 million. Annual Report — Building Permit Fees for the year ended December 3.1, 2017 Building Permit Revenue $2,111,795 Costs: Direct Costs $ (1,489,508) Indirect Costs (538,847) (2,028,355) Excess (Shortfall) Revenue Over Costs $ 83,440 Building Permit Stabilization Reserve Fund Opening Balance, January 1, 2017 $ - 2017 Contribution 83,440 Transfer to the Rate Stabilization Reserve (83,440) Closing Balance, December 31, 2017 $ - Transfer to the Rate Stabilization Reserve — Recommendation 1 b) For the majority of municipalities, building permit revenues are sufficient to cover direct and indirect operating costs. In addition, many municipalities have excess funds that are transferred to their Building Permit Reserve Fund and these funds are used to cover any future operating shortfall in their Building Services section. As stated above — Pickering has experienced a low level of construction activity that translated into lower building permit revenues. For most municipalities, the budgeted and actual cost of their Building Services section and/or department is fully funded from building permit revenues. The Building Services section for Pickering required a financial subsidy from the taxpayer to fund their operations. Starting in 2006 and up to December 2016, this financial subsidy was $4.69 million. From a financial perspective, this subsidy was funded from the Rate Stabilization Reserve. The financing strategy is to reduce this deficit (subsidy) over time by transferring the Building Services operating surplus to the Rate Stabilization Reserve. Recommendation 1 b) transfers the 2017 surplus funds to the rate stabilization reserve and reduces the deficit. 115 FIN 09-18 May 7, 2018 Subject: 2017 Building Permit Stabilization Reserve Fund Page 3 Attachments: None Prepared B Paul Creamer Senior Accounting Analyst, Internal Audit Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 116 C4 ,F DICKERING Report to Executive Committee Report Number: FIN 10-18 Date: May 7, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2018 Refinancing Debentures Recommendation: 1. That Report FIN 10-18 of the Director, Finance & Treasurer regarding the 2018 refinancing debentures be approved; 2. That the Director, Finance &Treasurer be authorized to transfer $582,000 from the Rate Stabilization Reserve to fund the outstanding principal for the debt issued for the Fire Services Division Headquarters project; 3. That the draft by-laws attached to this report be enacted; 4. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, and take any actions necessary in order to effect the foregoing; and 5. That the appropriate City of Pickering ("City") officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The forthcoming 2008 debentures issue coming due on November 21, 2018 will be financed by a combination of $1,463,000 in refinancing debentures, and $582,000 in full payment of one debenture. Refinancing debenture by- laws are needed to be in-place in order to refinance the outstanding debentures payment on or before the final maturity date. Financial Implications: The refinancing debenture by-laws are needed to be in- place prior to November 21, 2018 in order for the Regional Municipality of Durham ("Region") to refinance the outstanding debentures issue, without which the City will have to resort to current funds to repay the outstanding principal amount in full. 117 FIN 10-18 May 7, 2018 Subject: 2018 Refinancing Debentures Page 2 Discussion: When the Region undertook debentures financing on behalf of the City in 2008, 15 and 20 -year debentures were unavailable, and the prevailing interest rates were attractive for the 5 to 10 -year term debentures. As a result, projects requiring 15 and 20 -year debentures financing were undertaken at a 10 -year term, with the intention of refinancing these debentures when they become due in November 2018. Council approval is being sought at this time in order to have the debenture by-laws in place prior to the debentures maturity date of November 21, 2018. ,A summary of projects with outstanding principal payment on November 21, 2018 is as follows: Project Description Original Term of Years Original Principal Amount Refinancing Term of Years Refinancing Principal Amount Don Beer Arena - Ice Rink 2 Renovations 15 $630,000 5 $263,000 Pickering Recreation Complex Doubles Squash Court and Aerobics Studio 15 2,000,000 5 833,000 Sheppard Avenue, Reinforced Soil System 15 880,000 5 367,000 Total Refinancing Debentures $3,510,000 $1,463,000 Addition to Fire Services Division Headquarters — To be fully paid 20 930,000 None 582,000 Total Outstanding 2008 Debentures Issue $4,440,000 $2,045,000 Debentures Related to Addition to Fire Services Division Headquarters Project The refinancing term is based on the principle that the debt term cannot exceed the life of the asset. The City takes a conservative approach when estimating the life of the asset to ensure that the debt term is always less. Fire Hall Station #5 was originally constructed in 1969 (49 years old) with the headquarters addition built in 2007. A 10 -year debenture for the Addition to Fire Services Division Headquarters project was issued in 2008 in the amount of $930,000 with the principal amount outstanding now being $582,000. The original fire hall building has some structural challenges and therefore, the City may consider rebuilding the entire fire hall based upon further examination of the various structural issues. With an uncertain building future, the best financial plan is to pay-off the debt to provide the City the option of either replacing the 118 FIN 10-18 May 7, 2018 Subject: 2018 Refinancing Debentures Page 3 building or undertaking extensive repairs. Recommendation 2 funds the outstanding principal payment from a transfer from the Rate Stabilization Reserve and saves an estimated $126,000 in interest costs. With the full payment of the outstanding debt for the Addition to Fire Services Division Headquarters project, the required refinancing debentures will be reduced to $1,463,000. Attached to this report are the three draft refinancing debentures by-laws reflecting the total refinancing amount of $1,463,000, and the balance of $582,000 will be forwarded to the Region for the forthcoming 2008 debentures issue corning due on November 21, 2018. Attachments: 1, Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $263,000 for the Don Beer Arena - Ice Rink 2 Renovations project in the City of Pickering 2. Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $$33,000 for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project in the City of Pickering 3. Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $367,000 for the Sheppard Avenue, Reinforced Soil System project in the City of Pickering Prepared By: Approved/Endorsed By: Caryn Kong, CPA, CGA Senior Financial Analyst - Capital & Debt Management Stan Karwowski CPA, CMA-101BA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng, Chief Administrative Officer 7_4t8 119 ATTACHMENT #_ I ___ TC) REPORT #614 i0" --Q The Corporation of the City of Pickering By-law No. /18 Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $263,000 for the Don Beer Arena -Ice Rink 2 Renovations project in the City of Pickering Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower -tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower -tier municipality in a regional municipality does not have the power to issue debentures; Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower -tier municipalities including The Corporation of the City of Pickering (the "City"); Whereas the Council of the City approved Report OES 10-08 at its meeting of April 21, 2008 in pursuant to Resolution 82/08 and has awarded Tender T-1-2008 for the Don Beer Arena -Ice Rink 2 Renovations project; Whereas the construction of the Don Beer Arena -Ice Rink 2 Renovations project has been completed; Whereas City of Pickering By-law 6866/08 authorized the issuance of debentures in the amount of $630,000 for the Don Beer Arena -Ice Rink 2 Renovations project for a period not exceeding 15 years; Whereas the Regional Municipality of Durham By-law 63-2008 authorized the issue of ten-year installment debentures issue, of which $263,000 may be raised by the issue of refinancing debentures in the final year of maturity (2018); and Whereas before the Council of the City authorize the issuance of refinancing debentures for the Don Beer Arena -Ice Rink 2 Renovations project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City 120 By-law No. /18 Page 2 Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the refinancing debentures in the amount of $263,000 for the Don Beer Arena -Ice Rink 2 Renovations project; 2. That the sum of $263,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years; and 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2018 and continuing thereafter until the debenture financing is repaid. By-law passed this 14th day of May, 2018. David Ryan, Mayor Debbie Shields, City Clerk 121 ! " i�"+}"'G T ATTACHMENT.' ,.a i a; The Corporation of the City of Pickering By-law No. /18 Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $833,000 for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project in the City of Pickering Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower -tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower -tier municipality in a regional municipality does not have the power to issue debentures; Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower -tier municipalities including The Corporation of the City of Pickering (the "City"); Whereas the Council of the City approved Report OES 24-08 at its meeting of July 17, 2008 in pursuant to Resolution 15/08 and has awarded Tender T-2-2008 for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project; Whereas the construction of the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project has been completed; Whereas City of Pickering By-law 6884/08 authorized the issuance of debentures in the amount of $2,000,000 for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project for a period not exceeding 15 years; Whereas the Regional Municipality of Durham By-law 63-2008 authorized the issue of ten-year installment debentures issue, of which $833,000 may be raised by the issue of refinancing debentures in the final year of maturity (2018); and Whereas before the Council of the City authorize the issuance of refinancing debentures for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the 122 to -Ig By-law No. /18 Page 2 City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the refinancing debentures in the amount of $833,000 for the Pickering Recreation Complex Doubles Squash Court and Aerobics Studio project; 2. That the sum of $833,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years; and 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2018 and continuing thereafter until the debenture financing is repaid. By-law passed this 14th day of May, 2018. David Ryan, Mayor Debbie Shields, City Clerk 123 ATTACHMENT # TO REPORT #n1 l The Corporation of the City of Pickering By-law No. /18 Being a by-law to confirm the authorization of the issuance of refinancing debentures in the amount of $367,000 for the Sheppard Ave, Reinforced Soil System project in the City of Pickering Whereas Section 11 of the Municipal Act,. 2001, as amended, provides that a lower -tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower -tier municipality in a regional municipality does not have the power to issue debentures; Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower -tier municipalities including The Corporation of the City of Pickering (the "City"); Whereas the Council of the City approved Report OES 36-07 at its meeting of September 17, 2007 in pursuant to Resolution 179/07 and has awarded Tender T-2- 2007 for the Sheppard Ave, Reinforced Soil System project; Whereas the construction of the Sheppard Ave, Reinforced Soil System project has been completed; Whereas City of Pickering By -Law 6808/07 authorized the issuance of debentures in the amount of $880,000 for the Sheppard Ave, Reinforced Soil System project for a period not exceeding 15 years; Whereas the Regional Municipality of Durham By -Law 63-2008 authorized the issue of ten-year installment debentures issue, of which $367,000 may be raised by the issue of refinancing debentures in the final year of maturity (2018); and Whereas before the Council of the City authorize the issuance of refinancing debentures for the Sheppard Ave, Reinforced Soil System project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City 124 By-law No. /18 Page 2 Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the refinancing debentures in the amount of $367,000 for the Sheppard Ave, Reinforced Soil System project; 2. That the sum of $367,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years; and 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2018 and continuing thereafter until the debenture financing is repaid. By-law passed this 14th day of May, 2018. David Ryan, Mayor Debbie Shields, City Clerk 125 DICKERING 644 Report to Executive Committee Report Number: FIR 01-18 Date: May 7, 2018 From: John Hagg Fire Chief Subject: Revisions to the Community Emergency Response Plan - File: A-1440 Recommendation: 1. That Report FIR 01-18 of the Fire Chief be received; 2. That the Mayor and Council hereby appoint Fire Chief John Hagg, Community Emergency Management Coordinator (CEMC) as Chair of the Community Emergency Management Program Committee; 3. That the Mayor and Council hereby appoint the municipal positions of Chief Administrative Officer, Director, City Development & Chief Building Official, Director, Community Services, Director, Corporate Services & City Solicitor, Director, Engineering Services, Director, Finance & Treasurer, Fire Chief/CEMC, City Clerk and any alternate CEMC(s) to the Community Emergency Management Program Committee; 4. That Council approve the attached draft Community Emergency Management Plan that includes the changes above and other minor housekeeping amendments; 5. That By-law 7440/15 be repealed in its entirety and that the attached draft By-law be enacted. Executive Summary: The purpose of the changes indicated within this Report is to align our Community Emergency Management Program (CEMP) with the Emergency Management and Civil Protection Act (EMCPA) and its supporting regulations. The EMCPA and its supporting Regulation 380/04 (0 Reg 380/04) provide a number of requirements for municipalities. One of the requirements contained within the regulations is that every municipality is required to have a Community Emergency Management Program Committee (CEMPC) that is appointed by Council. The CEMPC's objectives are to review the City of Pickering Community Emergency Management Program and Plan, provide recommendations for revisions and to advise Council on the municipal emergency management program. Financial Implications: There are no direct financial implications arising from this Report. 126 FIR 01-18 May 7, 2018 Subject: Revisions to the Community Emergency Response Plan Page 2 Discussion: The purpose of the changes indicated within this Report is to align our CEMP with the Emergency Management and Civil Protection Act (EMCPA) and its supporting regulations and ensure that we continue to achieve annual compliance with the EMCPA and its supporting Regulation 380/04 (0 Reg 380/04). The EMCPA and its supporting Regulation 380/04 (0 Reg 380/04) provide a number of requirements for both ministries and municipalities. The O -Reg 380/04 states: Emergency Management Program Committee 11. (1) Every municipality shall have an emergency management program committee. (2) The committee shall be composed of, (a) the municipality's emergency management program coordinator; (b) a senior municipal official appointed by the council; (c) such members of the council, as may be appointed by the council; (d) such municipal employees who are responsible for emergency management functions, as may be appointed by the council; and (e) such other persons as may be appointed by the council. (3) The persons appointed under clause (2) (e) may only be, (a) officials or employees of any level of government who are involved in emergency management; (b) representatives of organizations outside government who are involved in emergency management; or (c) persons representing industries that may be involved in emergency management. (4) The council shall appoint one of the members of the committee to be the chair of the committee. (5) The committee shall advise the council on the development and implementation of the municipality's emergency management program. (6) The committee shall conduct an annual review of the municipality's emergency management program and shall make recommendations to the council for its revision if necessary. CORP0227-07/01 revised 127 FIR 01-18 May 7, 2018 Subject: Revisions to the Community Emergency Response Plan Page 3 While the City of Pickering has always maintained a CEMPC, it was not indicated clearly in our By-law or Ran that the CEMPC or its chair were appointed by Council. In 2017, the Office of the Ontario Fire Marshall and Emergency Management (OFMEM) advised the CEMC's across Ontario that it would begin to enforce regulation 380/04. This regulation states that all municipal community emergency management plans must clearly indicate that each member of the CEMPC and the Chair are to be appointed by Council. The changes have now been reflected in the draft Community Emergency Management Plan (see attached) and in attached revised draft by-law. Other minor housekeeping amendments are related to position title changes amongst City staff that have roles within the CEMP. Attachments: 1_ Emergency Response Plan Draft By-law. 2. Updated Draft of the City of Pickering Community Emergency Response Plan Prepared By: r Steve Boyd Deputy Fire Chief SB:jm Approved/Endorsed By: John Hagg Fire Chief Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. Chief Administrative Officer W1 zo/ CoRr'0X27-07161 revised 1 28 Attachment # 1 to Report # FIR 01-18 The Corporation of the City of Pickering By-law No. XXXX/18 1 of 5 Being a by-law to adopt a Community Emergency Management Program (CEMP) and Emergency Response Plan and to meet other Requirements under the Emergency Management and Civil Protection Act, and protect the health, safety, and welfare of the Inhabitants of the City of Pickering. Whereas under the Emergency Management and Civil Protection Act, R.S.O., 1990, c. E.9 and Ontario Regulation 380/04 (the "Act") every municipality in the province is required to: 1. Develop and implement a Community Emergency Management Program (CEMP), which shall consist of: • An emergency plan; • Training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities; • Public education on risks to public safety and on public preparedness for emergencies; and • Any other elements required by the standards for emergency management set under the Act or by Emergency Management Ontario; 2. Designate an employee of the municipality or a member of the council as its community emergency management program coordinator; 3. Establish an emergency management program. committee; 4. Establish an emergency control group; 5. Establish an emergency operations centre to be used by the municipal emergency control group in an emergency; and. 6. Designate an employee of the municipality as its emergency information officer; Whereas it is prudent that the community emergency management program developed under the Act be in accordance with international best practices, including the five core components of emergency management; prevention, mitigation, preparedness, response and recovery; 129 Attachment # 1 to Report # FIR 01-18 2 of 5 By-law No. XXXX/18 Page 2 And whereas the purpose of such a program is to help protect public safety, public health, the environment, critical infrastructure and property during an emergency and to promote economic stability and a disaster resilient community; Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Community Emergency Management Program 1. A -Community Emergency Management Program (CEMP) for the municipality will be developed and reviewed annually by the Community Emergency Management Program Committee (CEMPC). The program will be consistent with and in accordance with the Act and international best practices including the five core components of emergency management, namely: prevention, mitigation, preparedness, response and recovery, and such program shall include: a. training programs and exercisesfor employees of the municipality and other persons with respectto the provision of necessary services and the procedures to be followed in emergency response and recovery activities; b. public education on risks to public safety and on public preparedness for emergencies; and c. any other elements required by the standards for emergency management set under the Act or by Emergency Management Ontario. 2. The CEMP shall be consistent with the objectives of protecting public safety, public health, the environment, critical infrastructure and property, and to promote economic stability and a disaster -resilient community. Emergency Response Plan 1. The Emergency Response Plan, which has been developed in accordance with the requirements of the Act and international best practices, and which is attached hereto as Schedule A is hereby adopted (the "Plan"). 2. The Plan shall be reviewed annually by the Community Emergency Management Coordinator (CEMC) and the City's Community Emergency Management Program Committee. The CEMC is authorized to make such administrative changes to the Plan as appropriate to keep. the Plan current, such as personnel, organizational and contact information updates. Any significant revision to the body of the Plan shall be presented to Council for approval. 3. When an emergency exists but has not yet been declared to exist, City employees and the Emergency Control Group may take such action under the Plan as may be required to protect property and the health, safety and welfare of the inhabitants of the City. 130 Attachment # 1 to Report # FIR 01-18 3 of 5 By-law No. XXXX/18 Page 3 Community Emergency Management Coordinator 1. The Fire Chief, is hereby appointed as the primary community emergency management coordinator (the "CEMC") responsible for the emergency management program for the City including maintenance of the Plan, training, exercises, public education and such other duties and responsibilities as outlined in the Act. 2. The Deputy Fire Chief(s), are hereby appointed as alternate CEMCs to act in place of the primary CEMC in his/her absence. Community Emergency Management Program Committee (CEMPC) 1. The Fire Chief is hereby appointed as chair of the Community Emergency Management Program Committee. 2. The persons from time to time holding the following positions in the municipality, or their designates, shall be members of the Community Emergency Management Program Committee: a. Chief Administrative Officer (CAO) b. CEMC and Alternates CEMCs c. Director,'City Development & Chief Building Official (CBO) d. Director, Community Services e. Director, Corporate Services & City Solicitor f. Director, Engineering Services g. Director, Finance & Treasurer h. Fire Chief 3. The Community Emergency Management Program Committee shall advise Council on the development and implementation of the City's Emergency Management Program and shall review the program annually. Municipal Emergency Control Group (MECG) The persons from time to time holding the following positions in the municipality, or their designates, shall be members of the Emergency Control Group (ECG): 1. Head of Council — Mayor 2. MECG Manager— Chief Administrative Officer 3. MECG Advisor — Fire Chief 131 Attachment # 1 to Report # FIR 01-18 4 of 5 By-law No. XXXX/18 Page 4 Municipal Emergency Control Group (MECG) Composition (continued) 4. Emergency Information Officer (Designated E10) — Coordinator, Corporate Communications & Community Engagement 5. Fire Services Officer — Deputy Fire Chief 6. IT Officer — Manager, Information Technology 7. Community Services & Facilities Officer - Director, Community Services 8. Operations Officer — Director, Engineering Services 9. Finance Officer — Director, Finance & Treasurer 10. Legal Officer — Director, Corporate Services & City Solicitor 11. Administrative Support Coordinator — Supervisor, Administrative Services 12. Administrative Support — Administrative Assistants 13. Durham Emergency Management Office (DEMO) — Director of Emergency Management 14. Police Services Officer — DRPS Ajax, Pickering Inspector 15. Region of Durham Paramedic Service 16. Transit Officer - Durham Region Transit -Durham West Ops. MGR. Emergency Operations Centre (EOC) The Emergency Control Group has established a primary and an alternate Emergency Operations Centre for use in an emergency and with the appropriate technological and telecommunications systems to ensure effective communication in an emergency. The locations of the Emergency Operations Centres are identified in an annex to the Plan. Emergency Information Officer (E10) The City's Coordinator, Corporate Communications & Community Engagement is hereby appointed as the Emergency Information Officer for the municipality to act as the primary media and public contact for the municipality in an emergency. It is important to note that the Corporate Communications Manager is designated as the Emergency Information Officer. The ElO will control all communications, press releases issued, and social media messaging. However, the Mayor or his designate will conduct press conferences and briefings. Administration 1. The Plan shall be made available to the public for inspection on the City website and for copying at City Hall, One the Esplanade, Pickering, Ontario during regular business hours. 2. The Plan, or any amendments to the Plan, shall be submitted to the Chief, Emergency Management Ontario identified in the Act. 132 Attachment # 1 to Report # FIR 01-18 5 of 5 By-law No. XXXX/18 Page 5 3. By-law 7440/15 is hereby repealed. 4. The provisions of this By-law shall come in to effect on the date of its passing. By-law passed this XX day of XXXX, 2018. David Ryan, Mayor Debbie Shields, City Clerk 133 Attachment # 2 to Report # FIR 01-18 1 of 47 c� 06 DICKERING Community Emergency Management Plan Revised: September 21, 2015 (approved By-law 7440/15) Revised: April 17, 2018 (approved By --law XXXX/18) Attachment # 2 to Report # FIR 01-18 2 of 47 Table of Contents Page Section 1 4 Executive Summary 4 Section 2 8 Plan Development Administration 8 Section 3 12 Municipal Emergency Control Group (MECG) 12 Section 4 15 Emergency Levels, Notification Procedure, Plan Activation 15 Section 5 18 Municipal Emergency Operations Centre (MEOC) 18 Section 6 20 Declaration and Termination of an Emergency 20 Section 7 22 Incident Management System (IMS) 22 Section 8 28 Emergency Information Management 28 Section 9 30 Nuclear Emergency Management 30 Section 10 33 Human Resource Management 33 Section 11 36 Emergency Management and Other Organizations 36 Section 12 39 Evacuation and Transit 39 Section 13 41 Recovery Operations 41 Section 14 43 Business Continuity and Recovery 43 Section 15 45 Emergency Financial Management 45 Appendix A 46 135 Attachment # 2 to Report # FIR 01-18 3 of 47 Plan Distribution 46 Appendix B 47 Record of Amendments 47 136 Attachment # 2 to Report # FIR 01-1$ 4 of 47 Section 1 Executive Summary Highlights of the Plan This Plan is a component of the City of Pickering's Community Emergency Management Program, and provides key City of Pickering staff and external officials, who serve as the Municipal Emergency Control Group, with a prescribed management process to guide the governance of community emergencies or crises. It specifically provides details on how the City's Municipal Emergency Control Group and the Emergency Site Management Team will function during a community emergency or major crisis. The City is responsible for overseeing and supplying initial and ongoing community emergency management functions for large-scale events. The exception to this process is a nuclear emergency. The Province is immediately in charge, followed by the Region of Durham and the City would receive direction from the Region. Upon warning of an impending situation, or notification of an ongoing community emergency, the Fire Chief or Community Emergency Management Coordinator, in consultation with the Chief Administrative Officer and the Mayor, may request that Fire Services Dispatch activate the Municipal Emergency Control Group Notification Procedure. An emergency may result from an existing danger or it may be a threat of an impending situation abnormally affecting property or the health, safety and welfare of the community. Its nature and magnitude requires a controlled and coordinated response by a number of agencies, both governmental and private, under the direction of the Municipal Emergency Control Group, as distinct from routine operations carried out by an agency or agencies, e.g., firefighting, police activities, normal hospital routines. There are three major categories of hazards that may pose a threat to the City of Pickering: • Natural Hazards — severe weather, floods, blizzards, tornadoes, food or human health emergencies; • Human -caused Hazards = incidents intended to do harm to public safety and security, civil disorder, war, bomb threats, improvised explosive devices and improvised dispersal devices. Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) agents may be used on their own or in combination with these devices; Section 1 Executive Summary Page 4 of 47 137 Attachment # 2 to Report # FIR 01-18 5 of 47 Highlights of the Plan (continued) Technological Hazards - incidents involving hazardous materials, utility and power failures, transportation accidents, aircraft accidents, water supply failures, building or structural collapse, critical resource shortages, or computer-related incidents. Goal and Objectives of the Plan The aim of the City of Pickering Emergency Plan is to provide the framework within which extraordinary arrangements and measures can be taken to protect the health, safety, and welfare of the inhabitants of the City of Pickering when faced with an emergency. The plan unifies the efforts of City Departments for a comprehensive and effective approach for responding to and reducing the impacts of a public emergency. It is intended to increase the emergency response capability of the City of Pickering by establishing a plan of action to efficiently and effectively deploy emergency services. This will help to ensure the provision of response and mitigated actions to achieve the following objectives: • • protect and preserve life, property, economy, and the environment • minimize the effects of the emergency on the City of Pickering, including its inhabitants, property and natural environment • restore essential services • manage the Recovery Phase • assist other Durham area municipalities as requested in responding to their emergencies or crises • provide resources to other communities outside the Region, as requested This Plan is a resource document that is accompanied by a variety of supporting plans, procedures and other documents such as the set of Checklists of Duties and Responsibilities. Plan is for use as a resource during municipal emergencies as well as for education and training for emergency preparedness. Checklists and supporting documents are best used during an emergency because they are condensed forms of information from the Plan which can be easily used to guide and document the actions of the officials who are managing and responding to an emergency. Other Components such as the supporting internal and external documents provide additional and specific details on managing community emergencies and major crises that may occur within the City of Pickering. For example: Section 1 Executive Summary Page 5 of 47 138 Attachment # 2 to Report # FIR 01-18 6 of 47 Goal and Objectives of the Plan (continued) • Municipal Emergency Control Group (MECG) Notification Procedure • The City of Pickering Emergency Contact Directory Introduction to the Plan The Pickering Community Emergency Management Program is applied during the following five phases of emergency management: 1. Prevention 2. Mitigation 3. Preparedness 4. Emergency Management/Response 5. Recovery This Plan is intended to address the last two phases, but has evolved specifically out of work that was conducted during the Preparedness Phase. By addressing those phases, the Plan will have achieved a large number of the components of the Community Emergency Management Program Incident Management System (IMS) — The Incident Management System (IMS) is a process that governs how all emergencies should be managed to ensure an effective and efficient utilization of emergency resources. During a community emergency event, management occurs on -scene by the Emergency Site Management Team (usually Fire Services, Durham Police and/or Durham Emergency Medical Service) and off-site by the Municipal Emergency Control Group. The role of the Municipal Emergency Control Group is to coordinate at the MEOC and serve as an established and recognized point of authority for the coordinated management of resources, personnel and incident information. The MEOC does not replace the need for a sound command structure at the Site level but, rather, complements it with further coordination, resource management, information management and overall Site support. The MEOC operates under the principles of the Incident Management System (IMS) and is organized around the same five major functions found at the Incident Site: Command, Operations, Planning, Logistics and Finance & Administration. The following Sections provide an overview of important background information and some of the highlights of this Plan. Section 1 Executive Summary Page 6 of 47 139 Attachment # 2 to Report # FIR 01-18 7 of 47 Legal Authority Legislation under which the municipality, its' employees and agents are authorized to respond to an emergency are as follows: Provincial Emergency Management and Civil Protection Act (EMCPA). Section 2.1 of the Act requires municipalities to develop and implement an emergency management program and adopt it by by-law. An emergency management program must consist of: a) An emergency plan. b) Training programs and exercises for employees of municipalities and other persons with respect to the provision of required services and procedures to be followed in emergency response and recovery activities. c) Public education on risks to public safety and on public preparedness for emergencies; and d) Any other element required by standards for emergency management programs that may be developed by the Minister of Community Safety and Correctional Services. In developing the emergency management program, the municipality must identify and assess various hazards and risks to public safety that could give rise to emergencies • and identify the facilities and other elements of the infrastructure that are at risk of being affected by emergencies. Each municipality must conduct training programs and exercises to ensure the readiness of employees of the municipality and other persons to act under the emergency plan. Each municipality shall review and, if necessary, revise its emergency plan on an annual basis. The Minister of Community Safety and Correctional Services can establish standards for development and implementation of emergency management programs and for the formulation and implementation of emergency plans. Plan Approval This Plan was enacted by Pickering City Council via By-law Number 7440/15 as required by the Emergency Management and Civil Protection Act. Section 1 Executive Summary Page 7 of 47 140 Attachment # 2 to Report # FIR 01-18 8 of 47 Section 2 Plan Development Administration Planning & Emergency Management Assumptions This Plan is only intended to coordinate events that have been classified as community emergencies or major crises. Therefore, routine emergencies are managed by response agencies using their normal operating procedures. With the exception of nuclear emergencies, health emergencies, and other provincially declared emergencies, the City shall retain overall control of an emergency event that occurs within its jurisdiction. As indicated in the Ontario Emergency Management and Civil Protection Act, the "Head of Council," which for the City of Pickering is the Mayor or a Member of Council who was appointed by Council to act as the Mayor, assumes executive authority of a community emergency or major crisis. As a member of the Municipal Emergency Control Group (MECG), the Head of Council works with the MECG to strategically direct emergency functions that occur within the City and coordinates resource acquisitions and allocations to the site of an emergency or other locations. On -scene emergency management is conducted, in consultation with the MECG, by an Emergency Site Management Team comprised of senior emergency response. officers. During a community emergency or major crisis, the City may request assistance from the Region of Durham and/or other Durham local municipalities. Assistance from beyond the jurisdiction of the Regional Municipality of Durham may be requested and obtained, but coordinated through the Region. Hazard Identification and Risk Analysis As required by the Emergency Management and Civil Protection Act, the City annually conducts a process of Hazard Identification and Risk Analysis (HIRA) as a basis to develop its Community Emergency Management Program. Community emergencies are those events that would adversely affect lives, property, economy and the natural environment of the community. Nuclear Emergencies - Although a nuclear emergency is considered to be highly unlikely, the potential impact may be greater than other types of community emergencies. Section 2 Plan Development Administration Page 8 of 47 141 Attachment # 2 to Report # FtR 01-18 9 of 47 Hazard Identification and Risk analysis (continued) Therefore, from a risk management perspective using HIRA, a nuclear emergency is specifically addressed by supporting plans (Durham Nuclear Emergency Response Pian and Ontario Provincial Nuclear Emergency Response Plan) that governs the unique aspects of such an event. Critical Infrastructure Identification From a municipal perspective, critical infrastructure is simply defined as: Physical resources and systems that a community is reliant upon to ensure that: • human needs are met • public safety and security are maintained • local government can continue to function As required by the Emergency Management and Civil Protection Act, the City annually maintains a list of Pickering's critical infrastructure, and prioritizes each on a scale from one to five, with one being the most critical to be used for emergency planning and incident management purposes. Plan Maintenance Roles in accordance with the Community Emergency Management By-law: Area of Authority Role Chief Administrative Officer Community Emergency Management Coordinator Community Emergency Management Program Committee Council Approve minor changes to the plan Maintain the plan Review and recommend amendments to the plan Approve the Plan and major amendments Comrnr}ity Emergency Management Program (CEMP) The CEMP and its chair are appointed by Council. Section 2 Pian Development Administration Page 9 of 47 142 Attachment # 2 to Report # FIR 01-18 10 of 47 The CEMP consists of the following staff: 1. Chief Administrative Officer (CAO) 2. CEMC and Alternates CEMCs 3. Director, City Development & Chief Building Official (CBO) 4. Director, Community Services 5. Director, Corporate Services & City Solicitor 6. Director, Engineering Services 7. Director, Finance &Treasurer 8. Fire Chief 9. Any Alternate CEMCs to the Emergency Management Program Committee The committee is chaired by the Community Emergency Management Coordinator (CEMC) and the role of the CEMP is to review the community and emergency management plan and program according to a preparedness cycle that includes four phases: Plan, Operate, Evaluate, and Corrective Action. Participation of the Pickering Community Emergency Management Program Committee during all phases of this cycle ensures that the plan reflects the current policies, organizational structures, and methodologies utilized by the City of Pickering. Conduct Training Plan! Analysis Assessment Audit Corrective Action Track Assign Actions Review Plans Plan Again Conduct Training Evaluate Plans Procedures Policies Conduct Training Operate Exercise Lessons Leamed Real World Response Conduct Training After Action Reports Section 2 Plan Development Administration Page 10 of 47 143 Attachment # 2 to Report # FIR 01-18 11 of 47 Plan Maintenance (continued) Testing the Plan - In accordance with the Emergency Management and Civil Protection Act, this Plan will be annually tested when exercises are conducted to ensure that it is current and functional. Conformance with Regional Emergency Plan Iri accordance with the Emergency Management ar!d Civil Protection Act, this Plan was written to conform to the Durham Region Emergency Master Plan and its associated plans and procedures. Distribution Copies of this Plan are stored at the Municipal Emergency Operations Centre (MEOC) and Alternate MEOC along with a full set of supporting plans, procedures and other community emergency documents. Emergency Management Ontario, Durham Emergency Management Office, and the Pickering Library shall receive a copy of this Plan and any amendments. The Plan is also maintained in electronic fora} on the City's Website. All members of the Municipal Emergency Control Group and Support Staff will receive electronic copies of this Plan (in PDF form and updated files after amendments are completed and approved. See Appendix A for the Distribution List. Access to the Plan The Community Emergency Management Pian is a public document and can be viewed at any time by members of the public. Copies of the Plari can be viewed at Pickering Public Library Branches or online at www.pickering.ca Appendices The appendices of this Plan form part of the Plan to provide additional information and details on specific matters. Section 2 Pian Development Administration Page 11 of 47 144 Attachment # 2 to Report # FIR 01-18 12 of 47 Section 3 Municipal Emergency Control Group (MECG) In accordance with the Emergency Management and Civil Protection Act, the following depicts key roles and responsibilities: Municipal Emergency Control Group (MECG) is comprised of the Mayor or Deputy Mayor plus senior City and outside agency staff. At any time, the Mayor or Deputy Mayor may request assistance from the Regional Municipality of Durham by contacting the Regional Chair. Provincial assistance can also be obtained by contacting the Provincial Emergency Operations Centre (PEOC). This Plan can be fully or partially implemented with or without the declaration of an emergency by the Head of Council. Mayor or Deputy Mayor, as Head of Council is ultimately in -charge and responsible for the City's management and response to a community emergency. Chief Administrative Officer or alternate serves as the Municipal Emergency Control' Group Manager to provide overall leadership to the MECG. Municipal Emergency Control Group (MECG) Composition The MECG for the City of Pickering is comprised of persons holding the positions described below, or their appropriate alternates who attend at the MEOC to strategically manage a community emergency or major crisis at the discretion of the Chief Administrative Officer who serves as the MECG Manager. Each position has a unique Checklist of Duties and Responsibilities. A list of the assigned members and their contact information, plus the personnel that are designated as Support Staff, is published in the Emergency Contact Directory and regularly updated. It is important to note that the Corporate Communications Manager is designated as the Emergency Information Officer (EIO). The EIO will control all communications, press releases issued, and social media messaging. However, the Mayor or his designate will conduct press conferences and briefings. 1. Head of Council — Mayor 2. MECG Manager— Chief Administrative Officer 3. MECG Advisor— Fire Chief 4. Emergency Information Officer (Designated EIO) — Coordinator, Corporate Communications & Community Engagement Section 3 Municipal Emergency Control Group (MECG) Page 12 of 47 145 Attachment # 2 to Report # FIR 01-18 13 of 47 Municipal Emergency Control Group (MECG) Composition (continued) 5. Fire Services Officer— Deputy Fire Chief 6. IT Officer -Manager, Information Technology 7. Community Services & Facilities Officer — Director, Community Services 8. Operations Officer - Director, Engineering Services 9. Finance Officer— Director, Finance & Treasurer 10. Legal Officer - Director, Corporate Services & City Solicitor 11. Administrative Support Coordinator — Supervisor, Administrative Services 12. Administrative Support — Administrative Assistants 13. Durham Emergency Management Office (DEMO) — Director of Emergency Management 14. Police Services Officer - DRPS Ajax, Pickering Inspector 15. Region of Durham Paramedic Service 16. Transit Officer — Durham Region Transit -Durham West Ops. MGR. Roles & Responsibilities Each position also maintains a list of internal and external resources that are incorporated into the Emergency Contact Directory. This list will contain the contact information for any contact that may be required in an emergency. This listing will be kept current and updated semi-annually. Each member ofthe Municipal Emergency Control Group should designate at least one or two persons, from their own department to act as a scribe during the emergency. The Municipal Emergency Control Group provides the City with an effective vehicle for developing and maintaining a comprehensive emergency management program, as defined under the Emergency Management and Civil Protection Act, and to manage emergency response activities, which will ensure: • mitigation, preparedness, response & recovery • support of emergency operations at the site(s) • overall strategic management of the emergency • risk identification, critical infrastructure protection • mobilization of all municipal, voluntary, and other agencies required • prevention of further injury, loss of life, property damage • alternate accommodation for evacuated persons The MECG may function with only a limited number of persons depending upon the emergency. Section 3 Municipal Emergency Control Group (MECG) Page 13 of 47 146 Attachment # 2 to Report # FIR 01-18 14 of 47 Members of Council The Mayor or Deputy Mayor assumes the position of Head of Council in accordance with the Ontario Emergency Management and Civil Protection Act. Members of Council are not members of the Municipal Emergency Control Group, and therefore are not present in the MEOC. The Head of Council is responsible to keep Council up-to-date on the emergency, and the decisions that are being made to manage it. Section 3 Municipal Emergency Control Group (MECG) Page 14 of 47 .147 Attachment # 2 to Report # FIR 01-18 15 of 47 Section 4 Emergency Levels, Notification Procedure, Plan Activation Emergency Levels Most emergencies are managed at the scene by Emergency Services and are considered routine operations. Emergencies of greater magnitude do happen from time to time, and require an emergency management response structure beyond normal daily operations. The response required must be appropriate to the magnitude of the incident as defined in the Emergency Levels classification. Levels Operational Implications On -Call Senior Officer (OSO) Support EOC Notification Level 0 Normal • Business as usual • Normal operations • Business as usual • Normal operations • Operationally ready • No notification required Level 1 Incident • Site: Managed by Emergency Services/Divisions • OSO support available 24/7 • Operationally ready • No notification required Level 2 Municipal Advisory Event & Significant Event • Site: Managed by Emergency Services/Divisions • Site: Site Incident Commander may request support from OSO • Site: May request the activation of theCity EOC • EOC: May be activated• At the Request of the Site Incident Commander OSO has the ability to: • facilitate access to City Divisions/External Agencies and/or • facilitate integration of Divisions/External Agencies into IMS structure and/or Attend Site as a Liaison Officer • Operationally ready • OSO may monitor • OSO may initiate Primary Notification • EOC may be activated Primary Notification: • MECG Manager and Alternate • Head of Council, and Deputy Mayor MECG Advisor, Alternate MECG Advisor and Fire Services Officer Primary Notification Group may determine to activate Secondary Notification Level 3 Municipal Emergency& Regional Emergency • EOC: Is activated Emergency poses a danger of major proportions to life and property, and/or threatens social order and abilityto govern, and/or a declaration of an emergency by another level of government. OSO may remain on scene as Emergency Site Manager. • EOC activated Primary Notification: • MECG Manager and Alternate • Head of Council, and DepuutytyMayor • MECG Advisor, Alternate MECG Advisor and Fire • Services Officer • Primary Notification Group will activate Secondary Notification Section 4 Emergency Classifications, Notification Procedure & Plan Activation Page 15 of 47 148 Attachment # 2 to Report # FIR 01-18 16 of 47 Municipal Emergency Control Group Notification The means by which MECG members are notified of an emergency or pending emergency is outlined in the Municipal Emergency Control Group Notification Procedure. The procedure is primarily utilized by Fire Services Dispatchers and is used to notify members of the MECG of a need to respond to the Municipal Emergency Operations Centre (MEOC) or a need to remain on-call for potential response to the MEOC. It is based on Provincial and Regional Notification Procedures and emergency event classifications that are prescribed by the Province and Region. The Procedure applies to all types of emergencies including those involving the Pickering Nuclear Generating Station. The emergency classifications are grouped as: • General Emergencies • Nuclear Emergencies • Nuclear Liquid (radioactive) Emissions Each includes sub -classifications that specify the level of action that is to be taken by members of the MECG. Classification details are contained in this Procedure. There are two levels of notifications. 1. Primary Notification consists of the MECG Manager, the Head of Council, the MECG Advisor and the Fire Services Officer. 2. Secondary Notification includes all other MECG Officers and the Administrative Support Coordinator. Plan Activation While any member of the Municipal Emergency Control Group has the authority and responsibility to request an activation of the MEOC and otherwise initiate the implementation of the Emergency Plan, it is generally the decision of the Mayor in consultation with the CAO. Requests to activate the MEOC are directed to either the CAO or the Fire Chief/Community Emergency Management Coordinator (CEMC). The Emergency Level Chart identifies the criteria which will trigger the Municipal Emergency Operations Centre (MEOC) to be activated. During a "Level 2 — Municipal Advisory Event or Significant Event", the Site Incident Commander may request support from the CEMC or Fire Chief, including requesting the activation of the MEOC. Section 4 Emergency Classifications, Notification Procedure & Plan Activation Page 16 of 47 149 Attachment # 2 to Report # FIR 01-18 17 of 47 Plan Activation (continued) 2. During a "Level 3 — Municipal Emergency or Regional Emergency", the Fire Chief or CEMC will activate the MEOC. Criteria and triggers for activating the MEOC are based on the Emergency Levels Chart and a culmination of the following decision factor guidelines contributing to heightened media attention: • Public Health & Safety (Actual or Potential) • Essential Lifelines (Critical Infrastructure) • Municipal Services Continuity • Operational Efficiency The MEOC may be activated with or without a Declaration of an Emergency or Provincial Emergency; however, it will be activated once a Declaration has been made. Section 4 Emergency Classifications, Notification Procedure & Plan Activation Page 17 of 47 150 Attachment # 2 to Report # FIR 01-18 18 of 47 Section 5 Municipal Emergency Operations Centre (MEOC) In the event of a community emergency or major crisis, the MEOC or Alternate MEOC will be opened. The MECG and Support Staff will assemble and work together at the MEOC to make decisions, share information and provide strategic "off scene" emergency management as required to mitigate the effects of the emergency. The Chief Administrative Officer serves as the MECG Manager and is responsible for the co-ordination of all actions within the MEOC. MEOC (Primary) The Facility The Main Committee Room (Meeting Room 1), at City Hall serves as the Primary MEOC. This room is not dedicated to this emergency management function, and must be set up if required. The CAO Boardroom (Meeting Room 2) also serves as breakout meeting room. Remaining areas at City Hall such as the Council Chambers and Main Lobby are ideal for media briefings and Council meetings. Equipment The MEOC is equipped with the following resources: individual laptop computers for each MECG position • resource binders for each MECG position including a Checklist of Duties and Responsibilities, blank Activity Log Sheets, plus internal and external contact information • telephone • one satellite telephone • combination fax/scanner/copier/printer • Wireless High-speed Internet Service • full set of documents that include copies of internal and external emergency management laws, plans, procedures, guides, etc. • forms binder containing a blank copy of all forms required • variety of hard copy maps of the City and Region • standby diesel powered electrical generator • microwave oven, kettle, coffee maker, and basic refreshment supplies Section 5 Municipal Emergency Operations Centre (MEOC) Page 18 of 47 151 Attachment # 2 to Report # FIR 01-18 19 of 47 MEOC Set-up The MECG Advisor shall coordinate set-up of the facility under the direction of the IT support staff in accordance with the MEOC Set-up Procedure, which includes a floor plan. Alternate Community Municipal Emergency Operations Centre The Facility The alternate Municipal Emergency Operations Centre for Pickering is located at the Claremont Fire Hall. This room is not dedicated to this emergency management function, and must be set up if required. The attached Claremont Community Centre includes areas that are suitable to complement the MEOC such as a commercial kitchen, large foyer area, gymnasium, and ample parking for vehicles. The Alternate MEOC is an ideal setting to manage a major crisis or community emergency that impacts the area surrounding City Hall. If a Media Briefing Room, Media Centre, or Council Meeting Room is required, there are several good options. available. The set-up of these areas is to be coordinated by the MECG Advisor. Equipment and Resources The Alternate MEOC is equipped with the same resources and equipment that the MEOC has. Those items are stored in a large Box within the MEOC. Alternate MEOC Set-up The MECG Advisor shall coordinate set-up of the facility under the direction of the IT support staff in accordance with the MEOC Set-up Procedure, which includes a floor plan. Section 5 Municipal Emergency Operations Centre (MEOC) Page 19 of 47 152 Attachment # 2 to Report # FIR 01-18 20 of 47 Section 6 Declaration and Termination of an Emergency Action Prior to Declaration When an emergency exists, but has not yet formally been declared, in accordance with the Pickering Community Emergency Management By-law, municipal employees may take such action(s) under this Community Emergency Management Plan as may be necessary to protect the lives, property, and environment of the inhabitants of the City of Pickering. Declaration of Municipal Emergency In accordance with the Emergency Management and Civil Protection Act, only the Head of the Council is able and responsible for declaring that a municipal emergency exists within the boundaries of the City of Pickering. In accordance with the Pickering Community Emergency Management By-law, the Head of Council position can only be occupied by the Mayor or Deputy Mayor. The decision to declare an emergency is usually made in consultation with other members of the Municipal Emergency Control Group and must include a statement of the level of Plan activation. To determine if a declaration is warranted, see the "Province of Ontario Checklist For Declaring An Emergency" document. A declaration is produced using the "Declaration of a State of Emergency Form". The declaration of an emergency is outlined in the Head of Council Checklist of Duties and Responsibilities. A declaration of an emergency allows the Head of Council t� "take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and health, safety and welfare of the inhabitants of the emergency area." R.S.O 1990, c.E.9, s. 4 (1). Upon such declaration, the following must be promptly notified: 1. The Durham Regional Chair through the Durham Emergency Management Office. 2. All Members of Council. 3. Neighbouring municipal heads of council through their Community Emergency Management Coordinators or via DEMO. Immediately after the declaration notifications are completed, a media release must be prepared and circulated to media outlets. Section 6 Declaration and Termination of an Emergency Page 20 of 47 153 Attachment # 2 to Report # FIR 01-18 21 of 47 Declaration of Municipal Emergency (continued) When the resources of the City of Pickering are deemed insufficient to effectively control the emergency, or the service required falls under Region's responsibilities, the Head of Council may request assistance from the Regional Municipality of Durham by contacting the Regional Chair. Termination of a Municipal Emergency An "Emergency Termination Form" must be completed, signed by the Head of Council and distributed. 1. In accordance with the Emergency Management and Civil Protection Act, a Municipal Emergency may be declared terminated at any time by: a) The Head of Council, or b) The Municipal Council, or c) The Premier of Ontario 2. Upon termination of a Municipal Emergency, the Head of Council must ensure that the following are notified: a) The Regional Chair b) All members of Council c) The Minister of Community Safety and Correctional Services d) The Heads of Council in the neighbouring municipalities e) The Public via the Media Section 6 Declaration and Termination of an Emergency Page 21 of 47 154 Attachment # 2 to Report # FIR 01-18 22 of 47 Section 7 Incident Management System (IMS) First responders (Police, Fire, and Durham EMS) and Departments manage many emergencies that occur on a day-to-day basis. As the magnitude of an emergency increases, so will the requirement for additional support from within the City. The MECG may elect to call upon neighbouring municipalities to provide mutual assistance in accordance with standing agreements. The City may also call upon the Provincial government to provide supplemental financial and/or physical resources necessary to deal with the overall impacts of the public emergency. The City's Emergency Plan adopts the principles of an existing Incident Management System (IMS). The Incident Management System can be used in any size or type of emergency to manage response personnel, facilities and equipment. Incident Management System principles include the use of common terminology, modular organization, integrated communications, unified command structure, action planning, manageable span -of -control, pre -designated facilities and comprehensive resource management. The basic functional modules of the Incident Management System (Command, Operations, Planning, Logistics and Finance & Administration) can be expanded or contracted to meet requirements as an event progresses. When emergency site personnel determine a situation represents a threat beyond its day-to-day operations or the emergency is of such a type as to threaten the well-being of the municipality in part or as a whole, the MECG will be notified. The response to an emergency in the City will be managed using the Pickering Emergency Management Plan.. 1. Each Director is in command of the overall operation of his or her organization. 2. Use of mutual aid assistance for cooperative response will be entered into and maintained with adjoining municipalities for the purpose of reciprocal assistance in the event of public emergencies. 3. Normal communication modes and reporting channels will be used to the maximum practical extent possible. Emergency communications systems will be fully operational and will be used in the event that commercial communications systems are disrupted, saturated, or otherwise unavailable. 4. City Departments will employ their standard business continuity and business resumption planning principles to ensure the continuity of essential services. 5. Day-to-day functions that do not contribute directly to the operation may be suspended for the duration of the public emergency. Efforts that would normally be required of those day-to-day functions will be redirected to accomplish the emergency task. Section 7 Incident Management System (IMS) Page 22 of 47 155 Attachment # 2 to Report # FIR 01-18 23 of 47 Incident Management Systems (IMS) (continued) The goal of the Incident Management System is to provide an effective, flexible, and consistent structure and process that is scalable to manage incidents by all levels of government, emergency response organizations, communities, ministries, non- government organizations (NGOs), and the private sector. As a major function within the IMS, it is essential that the MECG members meet on a regular basis to share information, identify actions, make decisions, and set priorities. Meetings should be scheduled by the Duty Officer on a regular rotation, allowing time between meetings for MECG members to deal with their individual responsibilities as listed in the MECG Checklists of Duties and Responsibilities. Command Operations Planning Logistics Health & Safety Liaison Emergency & Information Administration & Finance As an incident escalates, the MECG Advisor will be responsible for directing the evolution of the MECG into this standardized IMS structure. Emergency Site Management (ESM) This Plan has remained consistent.with the key point in Emergency Site Management, that an Emergency Site Manager (ESM) shall be appointed by the MECG Manager to coordinate on -scene emergency management and response activities. The ESM is not. a "commander" in the sense that he or she is directing orders to the members of the Emergency Site Management Team. Rather, in a form of joint command, the Team makes the major collective decisions, while individual response agency decisions are separately made by the agency commanders. Section 7 Incident Management System (IMS) Page 23 of 47 156 Attachment # 2 to Report # FIR 01-18 24 of 47 Guiding Principles Each site shall operate under the following conventions: 1. Be generally controlled by one person who is referred to as the Emergency Site Manager (ESM). In some situations, it may be necessary for two or more ESM if there are several distinct sites, or if situations exist where one person cannot handle an entire scene. 2. Have an ESM, which may be a senior officer from any one of the primary response agencies; who wilt act as the "on-site general manager" of all functions of all agencies. If the MECG has assembled, the ESM shall answer directly to the MEOC Manager. 3. At larger incidents, the appointed ESM will leave the specific command of his/her agency to another officer from his/her respective agency. During smaller incidents, the ESM may be an officer from one of the emergency response agencies who will then play a dual role as ESM and Commander of the agency that he or she represents. 4. Have a separate commander for each agency. The Agency Commander shall work with and respond directly to the ESM. The Agency Commander shall at all times maintain control over his/her own people and resources. 5. Have an Incident Command Post (ICP) established during the initial stages of the incident and subsequently conduct Emergency Site Management activities at that location. ESM Selection The ESM shall be selected by the MECG and officially appointed by the MECG Manager. The incident type and the following factors should be considered during this process: • availability and approval from the person's home agency to perform the ESM role • education, training, and field experience that is commensurate with the duties and responsibilities • knowledge of the responding agencies' responsibilities and resources Emergency Site Management Team The members of the Emergency Site Management Team provide on -scene management while communicating with their respective member of the MECG. Section 7 Incident Management System (IMS) Page 24 of 47 157 Attachment # 2 to Report # FIR 01-18 25 of 47 Emergency Site Management Team (continued) The Emergency Site Management Team is comprised of persons holding the following positions or their appropriate alternates: 1. Emergency Site Manager when appointed by the Municipal Emergency Control Group Manager 2. Fire Commander (e.g. Deputy Fire Chief, Platoon Chief) 3. Police Commander, (e.g. Duty Inspector, Patrol Sergeant) 4. Emergency Medical Service Commander, (e.g. Shift Manager) 5. Site Media Coordinator Additional personnel called in or added to the Emergency Site Management Team may include any other officials, experts or representatives deemed necessary by the ESM in consultation with the MECG (e.g. CN Rail Manager, Ministry of Transportation Supervisor, Veridian Supervisor). Upon notification that this Plan is to be implemented, members of the Emergency Site Management Team shall: 1. Assemble at the Incident Command Post, which should be located at, or as near the site of the emergency as is practical (note that this group of emergency response managers might have already assembled during the initial stages of the emergency and could be informally managing the event). 2. Direct the responseactivities of members of their own respective services in accordance with the strategic and tactical decisions made by the Emergency Site Management. Team (ESMT). 3. Assist the ESM in fulfilling his/her responsibilities when required. 4. Establish and maintain contact with their respective supervisor at the MEOC. Operational Conventions The following emergency management operational conventions shall be utilized in conjunction with this Plan and are consistence with conventions used by the Province and Region: Section 7 Incident Management System (IMS) Page 25 of 47 158 Attachment # 2 to Report # FIR 01-18 26 of 47 Operational Conventions (continued) a) Time — shall be local time and expressed as a 24-hour clock starting with zero at midnight. b) Location — shall be expressed in urban areas by referencing streets, roads, highways, creeks or other significant landmarks. Wind — shall always be referred to by the following three parameters: i. The direction in degrees the wind is blowing from. ii. The direction in degrees the wind is blowing to. The wind is expressed in speed expressed in km/hr. Communications Effective and regular communications among and between the emergency managers and emergency responders is vital. For example, within the MEOC, staff must ensure that they convey and obtain information that is necessary to effectively manage the emergency. Members of the MECG and the Emergency Site Management Team must likewise be routinely sharing information. Additionally, if the event involves a need for assistance from beyond the City, then communications is required with others like the Regional Control Group. Group meetings and person-to-person exchanges in the Incident Command Post or at the MEOC are the common means of conveying and receiving information. The telephone system, including cellular service, is the most common means of externally communicating. Two-way radio service is also used for on-scene/off-scene communications by emergency response staff. Fax and email information exchanging is used between emergency operations centres such as the City, Region, Province and other municipalities. Technical Failures and Alternatives The loss of communications capability would have a significant impact on managing a community emergency. Therefore, provisions have been made to ensure that on -scene and off -scene communications options are available.. Satellite telephone is available for use in case regular telephone services fail. Instructions on the use of those services are maintained at each location. Portable two-way services may also be used if telephone service is disabled. The Police Services Officer and the Fire Services Officer will have a radio device that permits direct communication with on -scene DRPS staff and Pickering Fire Services staff. Section 7 Incident Management System (IMS) Page 26 of 47 159 Attachment # 2 to Report # FIR 01-18 27 of 47 Technical Failures and Alternatives (continued) Basic two-way radio service is available through the volunteer services of Durham Region Amateur Radio Emergency Services (DRARES). That assistance can be obtained by contacting the Durham Emergency Management Office. Record Keeping Each member of the MECG is assigned a Resource Binder that contains copies of Activity Log Forms. Those Logs must be kept current to record details of the major decisions and actions that occur. When a person hands off his/her responsibilities to an alternate, the completed Logs must be reviewed with the person who is taking over and then forwarded to the Duty Officer for filing. On an ongoing basis, a collective log is kept by one of the Administrative Support staff members in the form of an electronic Event Status Log. Information for that Log is obtained from business meetings and when significant events occur or new information is received from external sources. The laptop computer can be connected to a projector to display the current Log information at all times in the MEOC. Copies of the Event Status Log can also be printed or when appropriate, emailed to other emergency operations centres. Section 7 Incident Management System (IMS) Page 27 of 47 160 Attachment # 2 to Report # FIR 01-18 28 of 47 Section 8 Emergency Information Management This Section is intended to provide an overview of Emergency Information Management. Emergency Information Management is the responsibility of the Emergency Information Officer (EIO) who is a member of the Municipal Emergency Control Group. The EIO works under the supervision of the Duty Officer at the MEOC. The EIO supports the Public Inquiry Centre as per the EIO's Checklist of Duties and Responsibilities, the primary tasks are to gather information about the community emergency, prepare media releases and other documents such as speaking notes for the Head of Council or other MECG members, distribute emergency information, and to arrange for media briefings that could occur on -scene and/or off -scene. There are four primary means of conveying information to the public: • via the City's .Website (pickering.ca) • through social media (Twitter, Facebook) • through the Media (radio, television, newspapers) • from the Public Inquiry Centre (Customer Care Centre) Examples of Emergency Information • that an emergency has occurred and/or that the Head of Council has declared the emergency in accordance with the Emergency Management and Civil Protection Act • the level of risk that exists • what the City and others are doing to respond and manage the emergency • what the public should immediately do, such as; evacuate, shelter, wait for additional information and instructions, etc. • where and when additional information can be obtained Public Alerting Public alerting is a process of initially conveying emergency information to the public. Its primary purpose is to notify the public that something has happened and to provide brief information on what to do and where to obtain additional information. Public alerting is also used to subsequently communicate with citizens when an escalation of the emergency has occurred. It is conducted when follow-up information is urgently needed to inform people of new information such as the requirement for the expansion of an evacuation area, etc. Section 8 Emergency Information Management Page 28 of 47 161 Attachment #.2 to Report # FIR 01-18 29 of 47 Public Alerting (continued) Current public alerting in Pickering consists of sirens and a telephone -based system that is accessed by the Region of Durham for nuclear emergencies only in the Primary Zone. Additionally, the city's website and social media accounts may be used to disseminate information to the public. As well, emergency personnel may be called upon to go do -to -door or use their vehicle public address systems to notify the public of a threatening event of any type. During large scale events, especially for example a nuclear emergency, the public would be urged to tune into television and radio stations to obtain specific information about the situation and what protective actions to take. Media Monitoring The EIO should arrange for a support staff member to monitor the media to ensure that the emergency information is being conveyed in a timely and accurate manner. The MEOC and Alternate MEOC have Cable television service for monitoring television broadcast— both locations have television sets available for viewing. Both emergency operations centres also have portable am/fm radio receivers for radio broadcast monitoring. It is important that Social Media is monitored as well. Public Inquiry Centre The City's Customer Care Centre shall be the Public Inquiry Centre (PIC) during an emergency, and will provide information to residents during a community emergency. The PIC will receive information from the EIO and the Municipal Emergency Control Group, which can be conveyed to members of the public. City Website The City's main web page can be altered to provide current emergency information to the public as per arrangements found in the Website Emergency Information Procedure. This process is supervised by the Duty Officer. Section 8 Emergency Information Management Page 29 of 47 162 Attachment # 2 to Report # FIR 01-18 30 of 47 Section 9 Nuclear Emergency Management Nuclear Emergency Management is based on the same concepts that are contained in this Plan. However, nuclear events vary from other community emergencies because from the commencement of a situation, a nuclear event is under the control of the Province of Ontario. The Province then directs the Region of Durham, who in turn directs the City of Pickering in the provision of local emergency services. Nuclear Emergency Management is governed by the following nuclear specific plans: • Provincial Nuclear Emergency Response Plan • Durham Nuclear Emergency Response Plan A series of supporting plans and procedures also provide direction such as the Province's Joint Traffic Control Plan, Joint Information Centre Operating Procedures, Radiation Triage Plan, Durham Regional Police Traffic Control Plan, Emergency Worker Protection Plan, etc. and the Region's Nuclear Emergency Notification Procedure, Emergency Work Centre Procedures, Potassium Iodide Distribution Procedures, etc. Unique Aspects of Nuclear Emergency Management The following is a list of nuclear emergency management characteristics that set it apart from other community emergencies and major crises: 1. Provincial power and control over an event is unprecedented in relation to other community emergencies. Ontario Power Generation, as the facility manager, maintains considerably greater control over its site than in other community emergencies. 3. Regional power and control over an event is unique in comparison to other community emergencies. 4. Off-site responders (Fire, Police, etc.) would have very little ability or opportunity to minimize on-site outcomes in comparison to other community emergencies. 5. The likelihood of a nuclear emergency is considered much lower than that of other emergencies, yet the potential outcome in terms of the impact on people, the environment and economy may be severe and could extend for a longer period of time than other emergency situations. Section 9 Nuclear Emergency Management Page 30 of 47 163 Attachment # 2 to Report # FIR 01-18 31 of 47 Unique Aspects of Nuclear Emergency Management (continued) 6: Protective actions, like the distribution of Potassium Iodide Pills, are unique to nuclear emergency management. 7. A specific event classification system exists for nuclear emergencies separate from other community emergencies. 8. Other municipalities and agencies beyond the jurisdiction of the City, and in some cases the Region, handle Reception Centre and Evacuee Centre management. Pickering Emergency Management and Civil Protection Activities during a Nuclear Emergency 1. Provide public information in conjunction with the Province, Region, and Ontario Power Generation (citizen enquiry and media information dissemination). 2. Assist citizens with special needs and concerns during sheltering or evacuation conditions (e.g. pet care information/services, property protection). 3. Notify industry and commerce to suspend work and shelter or evacuate. 4. Assist police services with providing road barricades. 5. Assist polices services with traffic control (restricted entry and exit from City). 6. Ensure that all occupants of City facilities are sheltered or evacuated. 7. Schedule City staffing resources and supporting those staff members during the performance of their duties in the field. 8. Support City staff member's families during the emergency. 9. Assist school boards with sheltering and/or evacuation if required. 10. Distribute Potassium Iodide pills to City staff. 11. Assist Durham Public Health with the distribution of Potassium Iodide pills to citizens. 12. Maintain normal and/or increase demand for fire and emergency response services. 13. Provide services and information that are similar to the above during the recovery phase. Section 9 • Nuclear Emergency Management Page 31 of 47 164 Attachment # 2 to Report # FIR 01-18 32 of 47 Summary of Nuclear Emergency Management In summary, if a nuclear emergency is declared in Pickering it will be managed in accordance with this Plan, the Provincial Nuclear Emergency Response Plan, the Durham Nuclear Emergency Response Plan and the other City supporting plans and procedures. The City of Pickering is subordinate to the Region and Province in terms of major strategic decision-making and public information dissemination. Section 9 Nuclear Emergency Management Page 32 of 47 165 Attachment # 2 to Report # FIR 01-18 33 of 47 Section 10 Human Resource Management Introduction Responding to and managing a community emergency can pose a serious threat to the health and safety of workers at both the scene of the event and off-site involving other staff. Physical risks and emotionally stressful conditions can impair performance and potentially cause injury and death among the people who are mandated with providing services to the community. The welfare of the people who are serving as workers must be treated with a high priority. Therefore, managers and supervisors must consistently view and treat workers and themselves as the City's most valuable and vulnerable resource. The Division Head, Human Resources assumes a support role to the Municipal Emergency Control Group. Reporting to the MECG Manager, the Human Resources Division Head is responsible to complete the actions that are listed in the position's Checklist of Duties and Responsibilities including an oversight of all matters related to human resources as outlined in this Section. In addition to overseeing human resources functions that are associated with City staff, volunteer management is a task that falls within the scope of the Human Resources. The Coordinator, Health & Safety is another key position that addresses human resources issues. A Checklist of Duties and Responsibilities outlines the mandate for that position in addition to tasks that are described in this Plan and specifically this Section. Staffing Issues A shortage of available staff during a community emergency is a distinct possibility, especially if an event extends for many days or weeks. The City of Pickering Community Emergency Management By-law contains the following wording that is intended to help offset some of the staffing challenges that could be experienced: "This By-law, in accordance with prevailing legislation, designates all City employees as emergency workers in the event a community emergency is declared and therefore all employees may be called out and assigned responsibilities to assist in the implementation of the Community Emergency Management Plan." Section 10 Human Resource Management Page 33 of 47 166 Attachment # 2 to Report # FIR 01-18 34 of 47 Staffing Issues (continued) During a community emergency, management and supervisory staff shall retain their responsibility to ensure that a sufficient number of staff members within their own areas (for both on -scene and off -scene functions) are available. The Division Head, Human Resources' mandate is to generally oversee those actions and to assist with that work when needed. Health and Safety The health and safety of emergency workers, including volunteers, is a shared responsibility of all who are involved in managing, supervising, and responding to a community emergency. Accountability of emergency staff is another fundamental principle of IMS that must be addressed within the scope of health and safety. This mostly applies to on -scene emergency management/response. However, it can also apply to the off -scene work that is conducted at the MEOC. The IMS principle of "accountability" is a process of tracking where staff are, what they are doing, how long they have been performing their tasks, and when should they be removed from their current tasks so that rest breaks can occur for rehabilitation purposes. As with other human resource matters, emergency managers and supervisors are responsible to ensure that accountability actions are taken. General Staffing In addition to ensuring that appropriate levels of staffing are available in the MEOC, the MECG, under the guidance of the. Division Head, Human Resources must also make arrangements to ensure that staffing issues are addressed for otherCity functions and services during a community emergency. The Employee News Line Procedure outlines a means of helping to keep all employees informed of the event status and any requirements for their services. A backdoor page on the City's Website is also available to staff. MECG members are responsible for staffing and scheduling issues within their own service areas during an emergency. Sustenance and Personal Needs It is essential to ensure that drinks, snacks, and meals are provided to all staff that work in the MEOC, on -scene and throughout the community. Arrangements for sustenance and other personal needs for on -scene and off -scene staff is a joint responsibility of the Emergency Site Management Team and the MECG. During a prolonged event, one person may need to be specifically assigned the duties of arranging for sustenance. During extended periods of work, staff members are to be provided with some basic items to fulfil their personal hygiene needs and comforts. Section 10 Human Resource Management Page 34 of 47 167 Attachment # 2 to Report # FIR 01-18 35 of 47 Sustenance and Personal Needs (continued) The MEOC and Alternate MEOC are equipped with some basic supplies such as toothbrushes and paste, face clothes and towels, deodorant, etc. Stress Management. Extreme workloads, short timeframes, closeness of working conditions, and the seriousness of a community emergency or major crisis can place a significant burden on the emotional wellbeing of emergency managers, support staff, and responders. The MECG must routinely monitor its own stress levels and those of other staff and then take the necessary steps to minimize the outcomes. Staff scheduling to arrange for reasonable shift periods and breaks are important measures to facilitate in controlling stress. Family Needs During prolonged events or even short-term situations, when staff members are concerned for their loved ones, especially if they may be in danger, staff may not be able to function as well as needed. In such cases, the MECG should make arrangements to have an individual or a team designated to address issues related to family and friends of those who are managing and responding to the emergency or crisis. This matter is a responsibility of the Division Head, Human Resources. Record Keeping Detailed records must be maintained to document the names, activities, and amount of time that staff and volunteers commit to working during a community emergency. These actions are vital for WSIB and payroll purposes. Volunteer Recruitment and Management A community emergency or major crisis may prompt a need to recruit non-affiliated volunteers to assist with the provision of services. The Division Head, Human Resources is responsible for overseeing this process. The Division Head will therefore need to recruit City staff to manage the recruitment task. Additional assistance can be obtained from the Durham Emergency Management Office who would arrange for help from organizations like the Red Cross, Salvation Army, or other communities. Volunteers must be formally registered with the City via the completion of the Volunteer Registration Form. Section 10 Human Resource Management Page 35 of 47 168 Attachment # 2 to Report # FIR 01-18 36 of 47 Section 11 Emergency Management and Other Organizations Province of Ontario Provincial Ministries and their various organizational units may be requested to assist the City with emergency management and response — some of those entities have specific pre -assigned duties to perform during emergencies. Requests for assistance from the Province can be made directly by City staff or through the Durham Emergency Management Office and/or by contacting the Provincial Emergency Operations Centre (PEOC). Ontario Fire Marshal Emergency Management (OFMEM) OFMEM operates the Provincial Emergency Operations Centre on a 24/7 basis with at least one Duty Officer available at all times to process requests for information and assistance. Throughout the emergency, the City must keep the PEOC up-to-date on the situation by completing and forwarding regular Situation Reports (an OFMEM form). That function is a responsibility of the Administrative Support Coordinator and is listed in that position's Checklist of Duties and Responsibilities. During an event that is a declared emergency by the Premier, the PEOC is fully opened and staffed by ministerial and other provincial staff. Region of Durham Prior to the Region opening their Regional Emergency Operations Centre (REOC), assistance and coordination from the Region can be obtained by contacting the Durham Emergency Management Office (DEMO) or the 24/7 DEMO Duty Officer. If the REOC is opened, direct contact can be made (all contact numbers are listed in the Emergency Contact Directory). Durham Region may be able to provide resources that are within its direct control or play a coordinating role in situations when outside resources are required — this can occur even if a Regional emergency is not declared or if the REOC is not opened. The resource sourcing and coordination role is especially evident in a situation where surrounding municipalities are offering to assist Pickering or if they too are impacted by the same event that is affecting Pickering. It is most likely that a community emergency in Pickering would initially, and on an ongoing basis, involve Durham Region's Police Service, Emergency Medical Services, Social Services Department, and Public Works Departments. The Health Department may also become involved in matters involving health issues and in all nuclear events. Section 11 Emergency Management and Other Organizations Page 36 of 47 169 Attachment # 2 to Report # FIR 01-18 37 of 47 Business Community During a community emergency, local businesses must be as prepared as government to ensure that they are as self -sustained as possible and therefore drawing less on public resources that will be managed by the City of Pickering. The ideal arrangement involves a situation whereby businesses have their own emergency management, business continuity, and business recovery plans to facilitate their ability to cope with the impacts of a community emergency. A further ideal condition involves a level of business emergency preparedness that would allow businesses to also assist the community where possible during a community emergency by supporting other businesses or by providing resources for use throughout the community, etc. The Coordinator, Economic Development serves a support role to the MECG that reports to the Duty Officer. Performing liaison activities between the MECG and business community is a primary responsibility along with other duties that are listed in the Checklist of Duties and Responsibilities. Non -Governmental Organizations (NGO) NGO's have historically played significant and very successful roles in emergency management and response. They have supported governments by providing human resources from their own complements or through volunteers, expertise in a variety of disciplines, facilities, vehicles, equipment, supplies, counselling services, etc. Assistance from NGO can be obtained through DEMO and may include, but are not limited to the following organizations: St John Ambulance St John Ambulance may provide basic first aid services in,support of Durham Region Emergency Medical Services and Pickering Fire Services. Volunteer first aid providers and mobile first aid vehicles from within the area and beyond can be requested to attend emergency sites for large-scale events. Canadian Red Cross Canadian Red Cross may provide support in the operation of reception centres and evacuee centres under the direction of City and Regional staff. Registration, ongoing operations, and counselling services are examples of the assistance that can be obtained from Red Cross. Their provincial, national, and international network of resources is extensive and therefore quite suitable to assist with helping to manage the human needs of citizens who are impacted by a community emergency: Red Cross may also provide and/or arrange for outside volunteers to assist. Section 11 Emergency Management and Other Organizations Page 37 of 47 170 Attachment # 2 to Report # FIR 01-18 38 of 47 Ontario Volunteer Emergency Response Team (OVERT) OVERT is a Durham based service that provides volunteers to predominately support police services. Search and basic rescue services are their feature offerings. In extreme situations, OVERT may provide some security or traffic control services under police supervision. Salvation Army Salvation Army services include emergency food services and counselling to emergency managers, responders and citizens. Through the provincial network of resources, they are able to dispatch mobile food kitchens that are equipped to provide refreshments and meals at emergency scenes, reception centres, evacuate centres, or the MEOC. Durham Region Amateur Radio Emergency Service (DRARES) DRARES is part of the provincial, national, and international network of volunteers and equipment that can provide emergency communications on -scene and off -scene during emergencies. Their primary purpose during a community emergency is to augment existing back-up communications systems when primary systems failure. Environment Canada During an event that is impacting or potentially impacting Lake Ontario, Environment Canada will provide advisory assistance to emergency responders. Arrangements for this service are coordinated by the MO.E. Environment Canada also provides weather forecasting and alerting services via the Internet and through the Weather Radio Service. Weather alerting has been incorporated into the MECG Notification Procedure. Impacted Organization (when applicable) Railway companies (CN Rail, CP Rail), Pipelines (Enbridge, Trans -Canada), chemical manufacturers, electrical utilities (Veridian), etc. Section 11 Emergency Management and Other Organizations Page 38 of 47 171 Attachment # 2 to Report # FIR 01-18 39 of 47 Section 12 Evacuation and Transit Introduction Evacuation and Transit services are primary functions of emergency management and response that could save many lives and prevent serious injury during events such as situations involving hazardous materials. It consists of the safe and prompt movement of people from areas that are or may be exposed to danger. This Section is intended to provide an overview of the evacuation function. Planning Principles 1. Address evacuation and transit issues as two.distinct functions: a) Evacuation begins with public notification and concentrates on traffic management. b) Transit concentrates on the mass movement of people who do not have their own transportation and public who may have their own means of transportation, but are urged not to use it due to traffic congestion. 2. Address the two phases of emergency management: a) The period of time when the on -scene emergency response agencies are managing the event prior to when Municipal Emergency Control Group (MECG) assembles. b) The period of time afterwards which may involve 60 to 90 minutes into the incident when the MECG begins to strategically manage evacuation and transit. 3. Address issues to cover all types of emergencies with specifics noted for nuclear emergencies. 4. Arrange for a variety of options to be used for providing emergency transit services with particular attention paid to ensuring that services are adequately provided to residents with special accessibility requirements such as wheelchair. 5. Ensure consistency with Regional and Provincial Traffic Control Plans. Section 12 Evacuation and Transit Page 39 of 47 172 Attachment # 2 to Report # FIR 01-18 40 of 47 Evacuation Evacuation is an action that may be required soon after an emergency situation occurs. The initial decision to evacuate' people is typically one that is made by on -scene commanding officers from fire and police services. The conduct of an initial evacuation is normally completed by Regional and/or Provincial police personnel using their vehicle public address systems for public alerting purposes. As an event grows and time progresses, police resources may be augmented by City staff or community volunteers. In addition to public alerting, police services will manage traffic flows to ensure quicker evacuation from the affected areas of the community. It is important to note that a separate, but similar, process exists for Nuclear Emergencies and can be found in the'PNERP and the DNERP. If an emergency event becomes one that warrants off-site emergency management through the processes that are contained in this Plan, the MECG assumes a strategic role in controlling the evacuation activities, but is always managed in conjunction with on -scene commanders who form the Emergency Site Management Team. Transit The provision of transportation for citizens without their own means of travel is provided by Durham Regional Transit. Reception and Evacuee Centres The Culture and Recreation Department is responsible for Evacuee and Reception Centre management. Both services are provided with and/or through Durham Region Social Services Department in conjunction with the Canadian Red Cross. During an event, the MECG determines the extent to which such services are required and then formally, through the Head of Council to the Regional Chair, requests assistancefrom the Region in evacuee and reception centre services. The Region will organize, set up, and manage evacuation and reception centres. Section 12 Evacuation and Transit Page 40 of 47 173 Attachment # 2 to Report # FIR 01-18 41 of 47 Section 13 Recovery Operations Introduction Recovery planning ensures there is a one stop shop for identification of issues, coordination of resources, accurate reliable information, and that recovery occurs in a timely manner. It allows for an accountable, transparent process to ensure recovery services are accessible and applied in a consistent manner City-wide. Recovery is a coordinated process of supporting affected communities in the reconstruction of the physical infrastructure and restoration of emotional, social, economic and physical well-being. Depending on the type of emergency, the Recovery Operations could be minimal in terms of resources that are required and monies spent or time needed to return the community to its pre -emergency state. However, if casualties, environmental damaged, demolished buildings and/or disrupted public services and infrastructure result from the emergency, the recovery phase may actually impact more on the community than the initial phases of the emergency itself and may be ongoing for many days or weeks. The nature of the emergency and the final authority responsible will determine who will take the lead role in the Recovery Operations. For example, if the City were responsible for controlling the emergency, the City would also lead the recovery. Similarly, if the emergency were declared at a higher level of government, then that level would take the lead and the City would be subordinate. However, it would still have a significant role to play at the local level. Recovery Operations will be activated at the direction of the Municipal Emergency Control Group, consistent with other Sections of the Community Emergency Management Plan. It will normally occur once the immediate management and response to the emergency has been completed. It is possible to simultaneously conduct emergency response activities and recovery measures. It can therefore be difficult to precisely define where one phase begins -and where one ends. Recovery efforts are typically initiated while a state of emergency is still in effect and while it remains in that state until all or most recovery actions are complete. Emergency Information Management will continue during the Recovery Operations to keep the public informed of state of progress that is being made during Recovery. Issues to be addressed fall broadly into three areas: human issues, infrastructure re-establishment, and financial disaster relief. Resolving these issues has obvious financial, economic, social, environmental, and political implications. Section 13 Recovery Operations Page 41 of 47 174 Attachment # 2 to Report # FIR 01-18 42 of 47 Financial Disaster Relief It is imperative that detailed records are kept to record staff time and damage to City property that occurs as a result of the emergency. Application to the Ontario Disaster Relief Assistance Program (ODRAP) will require details and documents related to all City activities related to the response. ODRAP only applies to natural disasters such as severe winds storms, tornadoes, floods, etc. Application must be completed within fourteen days after the emergency occurs. City Council must pass a resolution to request the Minister of Municipal Affairs and Housing to declare a "disaster area" to qualify for ODRAP assistance. Provincial and Federal Assistance If Federal and Provincial assistance is required on an urgent basis, it should be applied for through the PEOC or via the Region. Section 13 Recovery Operations Page 42 of 47 175 Attachment # 2 to Report # FIR 01-18 43 of 47 Section 14 Business Continuity and Recovery Introduction In addition to the City's role in providing support to the community, as an organization, it must prepare itself to ensure that it can remain in operation during a community emergency and then restore itself and services to pre -emergency conditions. Through its business continuity and recovery actions, the City must ensure that it is able to: • maintain its workforce in terms of sufficient staff availability • health and safety of the employees • provide sufficient physical and financial resources • ensure communications/data infrastructure remains operational This Section shall provide some basic guidelines to follow while ensuring the continuity of City operations. Human Resources The availability of adequate numbers of human resources ranks very high in priority in terms of maintaining continuity of operations for the City. In summary, without its staff, the City of Pickering will not be able to adequately provide its essential emergency related services or its reduced routine services that may be offered during a community emergency. As earlier noted, the Division Head, Human Resources assumes a support role to the MECG to oversee the Human Resources functions. Communications/Data Resources The maintenance of the City's communications and data resources such as the telephone and computer systems is vitally important. Retaining the use of the primary systems is essential for emergency management functions and the continuation of normal City services, even under conditions where some elimination of normal services occurs. The Manager, Information Technology assumes a role on the MECG, and is responsible to ensure that the primary and secondary systems and services are maintained during a community emergency (see Checklist of Duties and Responsibilities). Section 14 Corporate Continuity of Operations and Recovery Page 43 of 47 176 Attachment # 2 to Report # FIR 01-18 44 of 47 Facilities During a community emergency, City facilities will require special attention due to the limitation of some services and the closure of some buildings. Meanwhile, the maintenance and ongoing operation of other facilities will require more effort. During a power failure, the standby electrical generators will need to be supervised and their fuel supplies maintained. The City facilities that remain open for other use will also require ongoing maintenance and in some cases special set-up arrangements to ready them for use during a community emergency. Financial Resources During a community emergency some high level decisions and subsequent actions will be required to ensure that financial matters are being dealt with in an effective and efficient manner. The availability of operating funds and other financial functions such as accounting and supply/services is important to ensure that adequate resources are acquired to manage and respond to the emergency and for the purpose of maintaining accurate records of the transactions. Payroll is another example of a service that will need to be addressed as part of managing the financial issues during a community emergency. Ongoing Essential Services During a community emergency a decision will need to be made by the MECG on the continuation of non-essential services such as recreation programs, planning/building, or library services, etc. The continuation and even enhancement of essential services must be a high priority for the MECG. Fire Services and municipal roads maintenance are two matters that must be considered primary services that require continuation and specific actions that will be overseen by the MECG to ensure continuity of services to the community. Corporate Recovery In addition to overseeing community recovery efforts, the City will need to address its own recovery from the emergency to restore its losses and resume the provision of normal services. Based on the type of event and its magnitude, the MECG should develop a recovery action plan to direct the actions of restoring normal City business. Section 14 Corporate Continuity of Operations and Recovery Page 44 of 47 177 Attachment # 2 to Report # FIR 01-18 45 of 47 Section 15 Emergency Financial Management Introduction During a community emergency, the acquisition of resources and services may be required in large quantities and within short periods of time. Therefore, arrangements may be necessary for the expenditures of large sums of money under circumstances that normal corporate supply and service procedures do not appropriately address. This Section is intended to briefly outline how financial management should be conducted during a community emergency. The MECG is tasked with sourcing resources that will support the work that is being conducted by the emergency responders and other staff who are minimizing the impacts of the emergency and subsequently working to restore the community to its normal state as part of the Recovery Operations. Section 15 Corporate Continuity of Operations and Recovery Page 45 of 47 178 Attachment # 2 to Report #FIR 01-18 46 of 47 Appendix A Plan Distribution Recipient Plan Type Copies _ Pickering Public Library Printed 2 Durham Region Emergency Medical Service Emalled PDF 1 Durham Emergency Management Office Emalled PDF 1 Municipal Emergency Control Group , EmaIled PDF 13 Municipal Emergency Operations Centre Printed 1 Alternate Municipal Emergency Operations Centre Printed 1 Verldian Connections Emailed PDF 1 Oshawa Central Ambulance Communications Centre Emailed PDF 1 Red Cross — Ontario Regional Office Emalled PDF 1 Town of Ajax — CEMC Emailed PDF 1 Durham Regional Police Service — Emerq, Plan. Officer Emailed PDF 1 Emergency Management Ontario — GTA Field Officer Emailed PDF 1 City of Pickering — Internet and Intranet PDF 2 Appendix A Corporate Continuity of Operations and Recovery Page 46 of 47 179 Attachment # 2 to Report # FIR 01-18 47 of 47 Appendix B Record of Amendments Date Section/Page Item Summary of Changes Approval Appendix B Record of Amendments 180 Page 47 of 47 DICKERING Cdy 60/ Report to Executive Committee Report Number: PLN 10-18 Date: May 7, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Assignment, Assumption and Amending Agreement TM Mobile Inc. Lease of City Lands Located on Unopened Road Allowance — (Sideline 16), Municipally,Described as 3010 William Jackson Drive City of Pickering File: Telecommunication Installation #14 Recommendation: 1. That the Mayor and the Clerk be authorized to execute an assignment, assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. substantially on the terms set out in this Report, and to the satisfaction of the Director, Corporate Services & City Solicitor; and 2. That the appropriate officials of the City be authorized to give effect thereto. Executive Summary: TM Mobile Inc. ("Telus") currently provides cellular communication service from an existing 65 metre high tri -pole cell tower and associated equipment compound located on land owned by the City, municipally known as 3010 William Jackson Drive (see Location Map, Attachment #1). The existing cell tower and associated compound are pursuant to the termsof a lease between Telus and the City dated August 19, 2010 (the "Lease"). The Lease received Council approval on July 12, 2010 (see Site Lease, Attachment #2). Telus has entered into discussions for the transfer of certain assets from Telus to Bell Mobility Inc. ("Bell"), which assets include the cellular tower located on the subject property. Telus provided a draft of the proposed Assignment Agreement for the City's review (see Proposed Assignment, Assumption and Amending Agreement, Attachment #3). The proposed terms of the Assignment Agreement have been reviewed and approved by the Director, Corporate Services & City Solicitor to ensure that the City's interests are protected. Financial Implications: Bell will continue to pay to the City an annual rate of $20,000.00 plus HST for each of the remaining 2 years of the term of the Lease, with an additional 10 year extension to be exercised by Bell. 181 Report PLN 10-18 Subject: Assignment, Assumption and Amending Agreement May 7, 2018 Page 2 1. Background 1.1 Applicant's Proposal Telus received approval from City Council in July 2010 to enter into a lease, and construct a 65 metre high cell tower and associated compound on lands owned by the City, municipally known as 3010 William Jackson Drive (see Location Map and Site Lease, Attachments #1 and #2). Telus has entered into discussions with Bell to transfer ownership of this installation. In order for Telus and Bell to complete such transaction, Telus is requesting that the City enter into an assignment, assumption and amending agreement (the "Assignment Agreement") thereby assigning the rights and obligations under the Lease from Telus to Bell (see Proposed Assignment, Assumption and Amending Agreement, Attachment #3). Telus provided a draft of the proposed Assignment Agreement for the City's review. The Assignment Agreement does not contain any clauses which will result in any significant amendments to the terms and conditions of the Lease. All terms and conditions of the Lease are to be assumed by Bell, including, but not limited to, Bell paying to the City an annual rate of $20,000.00 plus HST for each of the remaining 2 years of the term of the Lease, with an additional 10 year extension to be exercised at the discretion. of Bell. 1.2 Staff support the proposed Assignment Agreement As there are no proposed alterations to the cellular tower or compound, City Development staff have no concerns with the proposed amendment to the lease to facilitate assignment of the site to Bell and can confirm that no additional public consultation is required as a result of the assignment. The Proposed Assignment, Assumption and Amending Agreement has been reviewed by the Director, Corporate Services & City Solicitor. Therefore, it is recommended that City Council authorize the Mayor and Clerk to execute an assignment, assumption and amending agreement with TM Mobile Inc. and Bell Mobility Inc. substantially on the terms set out in this proposed Assignment, Assumption and Amending Agreement; and to the satisfaction of the Director, Corporate Services & City Solicitor. Attachments: 1. Location Map 2. Current Site Lease 3. Proposed Assignment, Assumption and Amending Agreement 182 Report PLN 10-18 May 7, 2018 Subject: Assignment, Assumption and Amending Agreement Page 3 Prepar et Princip. I Planner, Site Planning NilesI1 SL i, MC P, RPP Manager, Development Review & Urban Design TB: id Approved/Endorsed By: (1474-41-/\---' Catherine Rose, MCIP, RPP Chief Planner Ix Kyle Bentley, P.Eng, Director, City Development & CB❑ Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 2018 183 ATTACHMENT # f TO REROR1 # .2L1112:1" 1 ••••••••••00.00106WF Subject Lands R 4 R C44 Location Map File: Installation #14 PICKERING City Development Department Applicant: Telus Property Description: Part of Road Allowance Between Lots 16 and 17, Con 4, Now Part 1, 40R-26501 (3010 William Jackson Drive) Date: Mar. 26, 2018 he orporabon o ny - c enng •m.�e • pan) inter cense ors: A- •..ens Nide', •.. - o .: Miry .atura -esouces. A Resauces, Al dales reserved.; 4g rights res aro ed.,tt Her Majesty the Queen In Right of Canada, 0epailmert of Property 9 Teranel Enterprises Inc. and its suppliers all rights res erred.;0 Municipal Property Assessmert Como2tlon and its sppiers all rights reserved.; SCALE. �..r7,000 THIS IS NOT A PLAN OF SURVEY. ATTACHMENT # a TO REPORT # P&t' 1try-1 File: ON0923 SITE LEASE This Lease is made on this 19th day of August, 2010 BETWEEN: The Corporation of the City of Pickering (the "Lessor") and TM Mobile Inc. ("TELUS") The Lessor represents and warrants that it is the owner or lessee of the real property described in Schedule "A" (the "Premises") or is the duly authorized agent of such owner or lessee and has the authority to enter into this Lease. The Lessor has agreed to grant to TELUS a lease of a portion of the Premises, being the area(s) described in Schedule "B" (the "Site").. NOW THEREFORE in consideration of the rent payable by TELUS to the Lessor, the Lessor hereby leases to TELUS the Site together with its appurtenances herein described, subject to the covenants and obligations contained in the attached Terms and Conditions, and to such further specifications as are contained in Schedules A, B, C, D and E attached hereto, the whole forming the lease between the parties (the "Lease"). The Lessor grants to TELUS for the duration of the Lease: (i) the right to construct, install, maintain and use on the Site such equipment, devices, and facilities (collectively, the "Equipment") as may be necessary or useful from time to time for the purpose of carrying on the business of TELUS as a telecommunications service provider; (ii) the right to install concrete moorings as required in order to ensure the stability of certain exterior Equipment; (iii) the right to build, maintain, occupy and use on the Site such enclosed structures as are required from time to time for the purpose of housing any part of the Equipment (the "Shelter"), including the right to renovate for such purpose any interior space included in the Site; (iv) the right to access the Site, the Equipment and the Shelter on a 24/7 basis, on, over and through the Premises, with personnel, vehicles and equipment, as required, and to register such easements, servitudes and rights of ways as are necessary to give effect thereto, and; (v) the right to use the Site, including the Shelter and the Equipment, for the purpose of carrying on a telecommunications business. TO HAVE AND TO HOLD for a term of ten (10) years commencing on October 1, 2010 (the "Commencement Date") and ending on the day immediately preceding October 1, 2020 and any extension term as provided herein (the "Term"). Address of the Lessor: One The Esplanade Pickering, Ontario LI V 6K7 Attention: City Clerk Facsimile: 905-420-7648 Telephone: 905-420-4660 HST Registration Number: RI08078593 Address of TELUS: 200 Consilium Place, Suite 1600 Scarborough, Ontario MIH 3J3 Attention: Real Estate Department Facsimile: 1-800-788-6622 Telephone: 1-800-815-5715 Emergency 24 hour #: 1-800-391-1391 THE CORPORATION OF THE CITY OF PICKERING 11,<L) TM MOBILE INC. Joey' ayant arajah Manager, Real Estate 1 of 9 185 ATTACHMENT # oZ TO REPORT # PIA Ito 'I File: ON0923 TERMS AND CONDITIONS I. Rental Rate, For the rights granted by the Lessor to TELUS, TELUS shall pay to the Lessor rent in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00) per annum (the "Rent") plus any applicable provincial sales tax and harmonized sales tax, on or before the Commencement Date for the first year and the anniversary of the Commencement Date for each subsequent year during the Term. Rent, and any other amount payable by TELUS to the Lessor under the terms of this Lease, shall be tendered at the address of the Lessor specified herein, or at such other address as may be duly notified to TELUS by the Lessor. 2. Right of Extension. The Lessor hereby grants to TELUS the right to extend the initial term of this Lease for one (1) further and consecutive period of ten (10) years. Such extension shall take effect automatically and without further notice, unless TELUS gives notice to the Lessor, at least ninety (90) days prior to the end of the current term of this Lease, that it shall not exercise such right of extension. The extension term will be subject to the same terms and conditions as apply during the initial term except that the annual rent in such extension term shall be equal to the fair market value as agreed between the parties in the ninety (90) days prior to the expiration of the immediately preceding term, or in the absence of such agreement, the fee prevailing in the year immediately preceding the beginning of such extension term, changed by an amount equal to the change in the Canadian Consumer Price Index (all items) in the immediately preceding terrn. 3. Termination by TELUS. lf, at any time during the Term, TELUS determines that operating the Site for the purposes declared herein is or has become commercially impractical, for any reason, TELUS may terminate this Lease without damages or penalty upon sixty (60) days prior written notice to the Lessor. In the event of such termination, the Lessor shall refund to TELUS any rent paid in advance for any period of time subsequent to the effective date of termination. 4. Covenants of TELUS. (a) Safety and Maintenance - TELUS shall install, operate, and maintain its Equipment and the Shelter, in a good, safe and workmanlike manner. (b) Taxes, Rates and Assessments - TELUS will pay as and when due all applicable taxes, rates and assessments, that are levied, charged or assessed with respect to any business carried on by TELUS on or from the Premises. (c) Electricity Charges - TELUS shall pay for the electricity charges attributable to the operation of the Equipment at the Site either by having installed a separately metered electrical service or, in circumstances where the local utility will not install a separate meter, by installing a submeter and paying the Lessor's invoices for electricity based on the submeter readings and the actual tolls of the local utility. The Lessor is responsible for reading the submeter once every three months and invoicing TELUS accordingly no less frequently than on an annual basis, failing which TELUS may fully discharge its obligation to compensate the Lessor for electricity consumption by tendering payment of a reasonable estimate of the electricity charges for usage in the previous year. No claim may be made for electricity charges with respect to usage not invoiced more than one year in the past. (d) Government Regulation - TELUS shall, at its own expense, at all times ensure that the installation, operation and maintenance of its Equipment, and Shelter, comply with all required laws, directions, rules and regulations of relevant governmental authorities, including all applicable building codes, and Industry Canada and Transport Canada requirements. (e) Removal of Equipment- TELUS shall quit and surrender possession Utile Site within ninety (90) days after the expiration or termination of this Lease and shall remove its Equipment and Shelter from the Premises within that time. (f) Interference - TELUS covenants that TELUS' operation of its radio system(s) shall not cause material interference or degradation of any other signals lawfully transmitted or received within or on the Premises. TELUS shall use all reasonable efforts to correct such interference or degradation, where reasonably demonstrated, upon receiving written notice from the Lessor. (g) Insurance - TELUS shall at all times throughout the Term maintain insurance coverage for: (i) All -Risk Property loss covering the full insurable replacement cost of the Equipment and the Shelter without deduction for depreciation and with reasonable deductibles; and (ii) Commercial General Liability in an amount not less than Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage. The Lessor shall be included as an additional insured in all such policies, but solely with respect to liability arising out of the operations of TELUS at the Premises. At the Lessor's reasonable request, TELUS shall provide a memorandum of insurance confining that policies as required herein are in force, and shall notify the Lessor of the cancellation of any such policy. 5. Covenants of the Lessor. (a) Quiet Possession - The Lessor covenants that TELUS shall peaceably and quietly hold and enjoy the Site and its appurtenances, subject to the terms and conditions of this Lease. The Lessor shall not make any change to the Premises and its appurtenances that could adversely affect access to or use of the Site by TELUS at any time throughout the duration of this Lease without the prior written consent of TELUS, which consent may not be unreasonably withheld. • (b) Access - The Lessor shall provide to TELUS and its authorized representatives and agents such additional rights of access as are necessary from time to time to construct, install, maintain, repair, replace, reconfigure and operate the Equipment and the Shelter, including but not limited to the right to connect the Equipment to local utilities, to install underground or overhead telephone or power lines in any combination, and to install conduits for fibre or telephone cabling or both of them. (c) Emergency Power - The Lessor shall allow TELUS to install electrical connections to the Lessor's emergency power generator on the Premises for emergency use by TELUS in the case of any failure of public electrical service to the Site. TELUS shall have the right to install and operate an emergency power generator on the Prernises, including such cabling as may be required to connect the generator to the Equipment, for its own use while public utility service is not available for any reason. TELUS shall pay all costs attributable to such installation and operation. 2of9 186 G ATTACHMENT # a _.TO REPORT File: ON0923 (d) Premises Maintenance - The Lessor hereby agrees to provide not less than thirty (30) days prior written notice to TELUS of any repairs, additions or maintenance (collectively the "Work") to take place at the Premises, which may have an impact on the Shelter or the operation of the Equipment The Lessor further agrees to meet on-site with TELUS and to make available the contractor(s) involved with the Work, not less than fifteen (15) business days prior to the commencement of the Work to review the Work and the related impact on the Shelter or the Equipment, except in the, case of an emergency situation requiring immediate intervention to preserve the structural integrity of the Premises. The Lessor further agrees to make a reasonable effort to inform TELUS as soon as possible of an emergency situation that may have an adverse effect on the Shelter or the Equipment. (e) Interference - The Lessor may subsequently to this Lease grant rights to third parties to install other or additional telecommunications transmission equipment on the Premises, provided that the operation of such other or additional equipment does not interfere with the operation of the Equipment. The Lessor shall provide TELUS with sixty (60) days written notice of the proposed new installation, and TELUS shall thereafter work with the installer and operator of the new equipment to ensure that the proposed new installation does not interfere with the operation of the Equipment. The Lessor shall, as a condition of the grant of any rights to third parties to install other or additional telecommunications transmission equipment, stipulate that such party must collaborate with TELUS as described above and must refrain from installing and operating any such equipment until TELUS has determined, acting reasonably, that no material interference with the operation of the Equipment will result. The Lessor shall include an interference clause substantially the same as this subsection in any instrument used to grant rights to third parties to install other or additional telecommunications equipment on the Premises. 6. TELUS' Equipment The Equipment and the Shelter shall remain at all times the personal and moveable property of TELUS, and not become fixtures, notwithstanding the attachment to any degree or in any manner of any part of the Equipment or the Shelter to the Premises. TELUS shall have the right to make alterations or improvements or both at the Site at any time during the Term including, but are not limited to, the replacement, expansion, reconfiguration or addition of transmission facilities of any kind, towers and/or antenna mounts, equipment shelters and/or additional radio equipment as deemed necessary by TELUS. 7. Lessor not Liable. Ekcept for the negligent acts or omissions or the willful and wrongful acts or omissions of the Lessor or the Lessor's employees or those persons authorized by the Lessor to be on the Premises, the Lessor shall not be liable to or indemnify TELUS for any inconvenience to the operations of TELUS at the Site, or damage to the Equipment or the Shelter, or injury to any person occupying the Site. S. TELUS not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of TELUS or TELUS 's employees and those persons authorized by TELUS to be on the Premises, TELUS shall not be liable to or indemnify the Lessor for any costs incurred or losses or damages or injury suffered by the Lessor. 9. Confidentiality. Except as otherwise provided herein, the parties agree that all information relating to the use of the Premises pursuant to this Lease is confidential and proprietary, and shall not be disclosed to any third party unless required by lawful authority. Each party will take all reasonable steps to protect the confidentiality of such information, and in particular shall hold the terms and conditions of this Lease in the strictest confidence. This provision shall survive any termination or expiration of this Lease. 10. Default. Either party may at its option and without further liability tothe other party terminate this Lease: (i) upon the material default by such other party in the performance of any of its covenants or obligations under this Lease, if such default is not remedied within thirty (30) days of the party in default receiving written notice of such default, or within such longer period as is reasonable in the circumstances so long as the party in default is diligently moving to implement remedial action; or (ii) subject to the rights granted by TELUS' financing arrangements, as authorized herein, if such other party becomes insolvent, ceases to do business as a goingconcem, is adjudged a bankrupt or made subject to the appointment of a receiver -manager, makes a general assignment for the benefit of creditors, or takes the benefit of any statute in force for the winding up or liquidation of business enterprises. 11. TELUS' Financing Arrangements. The Lessor acknowledges that TELUS has entered into, and will be entering into, certain financing arrangements which may require an assignment or hypothecation of TELUS' rights and obligations under this Lease, or the creation of security interests in the personal or moveable property of TELUS located at the Premises. The Lessor consents to any such assignment, hypothecation or grant of security interests, and to any transfers occurring on the enforcement of same. The Lessor shall, at the request of TELUS, acknowledge in writing the foregoing in such form as the relevant financier may reasonably require. For the purposes of this section, TELUS is executing this Lease for itself and as agent for the financiers with whom TELUS may be entering into financing arrangements from time to time as acknowledged herein. 12. Registration. TELUS may register a notice of lease or caveat or appropriate instrument in the land registry office of the province in which the Premises are situated, stipulating TELUS 's interest, the Tenn, any rights to extend and, when applicable, a short form of lease, and the Lessor will execute any documents required to effect such registration. Such registration may be effected on behalf of TELUS by an affiliated corporation, partnership or other entity as bare nominee for registration purposes only, at TELUS' expense. The Lessor also agrees to obtain a non -disturbance agreement at TELUS' expense from any mortgagee on the Premises in such form as TELUS may reasonably require. 13. Encumbrances. TELUS may, at its option, pay or discharge any arrears owing under any encumbrance upon the Premises which has priority over the interest of TELUS under this Lease, or any arrears of any property taxes, local improvement charges and any other rates, duties, levies and assessments levied or assessed by any competent government authority upon or in respect of the Premises or that affect the Premises in any way, in which event TELUS shall be subrogated to the rights of the creditors of such discharged obligations and may, at its option, apply the rent or any, other amounts owing to the Lessor under this Lease to the repayment of any arrears so paid or discharged. 14. Assignment. Except as otherwise permitted herein, this Lease shall not be assigned by TELUS without the prior written consent of the Lessor, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, TELUS may, without consent of the Lessor: (i) assign its rights and obligations under this Lease to any affiliated entity including a partnership; (ii) sublet all or any portion of the Site and its appurtenances to any affiliated entity including a partnership; and (iii) license all or any portion of the Site and it appurtenances to a third party, for use as a telecommunications site. Whenever the Lessor's consent is required by virtue of these provisions, such consent is deemed granted if Lessor does not respond within fifteen (15) days to the written request of TELUS for such consent, 15. Successors and Assigns. This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Lessor and the successors and permitted assigns of TELUS, and no assignee or successor of the Lessor shall challenge the validity or enforceability of any provision of this Lease and every 3 of9 187 ATTACHMENT # TO REPORT # 11-1\% ►QAi 8 _ File: ON0923 assignee or successor of the Lessor shall be bound by all the obligations of the Lessor hereunder, Upon a conveyance or assignment of its interest in the Premises, the Lessor shall provide TELUS with written notice of the identity of the successor or assign and the address at which the rent shall be tendered and notices given pursuant to the conveyance or assignment. 16. Overholding. In the event that TELUS remains in possession of the Site after the expiration of the Term, TELUS shall be deemed to be occupying the Site as a tenant from month to month at the current monthly rent, or if the rent is payable annually, one twelfth (1/12) of the annual rent. The rent shall thereafter be payable monthly in advance on the first day of each month following the expiration of the Term, with all other rights and obligations of this Lease remaining in force to the extent they may apply to a month to month tenancy, subject to the proviso that neither party may terminate the month to month tenancy except by giving ninety (90) days written notice to the other party, No extension of the Term, nor any new Term, nor any tenancy from year to year will be created by implication of law through overholding. 17. Expropriation. If during the Term, the whole or any part of the Premises is expropriated, the Lessor shall not accept any award for compensation without TELUS' written consent. TELUS shall be entitled to receive such part of the award as compensates for the loss of its interest in the leased Site. 18. Governing Law and Jurisdiction. The provisions of this Lease shall be govemed by and interpreted in accordance with the laws of the province in which the Premises are located. The parties hereby attom to the exclusive jurisdiction of the courts of that province. 19. Entire Lease; Survey. This Lease cancels and replaces all other agreements between the parties with respect to the Premises. This Lease contains the entire agreement between the Lessor and TELUS with respect to the Premises and expressly excludes all prior representations and discussions, either oral or written, between the parties other than those set forth in this Lease. Each party acknowledges having obtained adequate explanation of the nature and scope of each of the clauses of this Lease, and having had the opportunity to consult legal counsel with respect thereto. Except as otherwise provided herein, this Lease may not be amended or modified except by written instrument executed by both parties. TELUS may elect to obtain, at its discretion, technical drawings or a survey of the Premises and the Site, and give written notice of such technical drawings or survey to the Lessor, which once so delivered shall replace and become Schedule "C", and take precedence over the plans exhibited at Schedule 'B". 20. Facsimile Transmissions; Notices. This Lease may be executed, amended or renewed by either party by facsimile transmission, and receipt of a copy of the document so executing, amending or renewing this Lease shall bind the transmitting party to all the terms and conditions contained therein. Any notice required or authorized by this Lease shall be deemed to have been properly given if by personal delivery at any place, or by registered' mail, courier or facsimile transmission to the address or fax number specified herein or to any other address or fax number duly notified by one party to the other. 21. Severability. Any provision of this Lease that is determined to be void or unenforceable in whole or in part, shall be deemed unwritten and shall not affect or impair the validity or enforceability of any other provision of this Lease, which shall all remain binding on the parties. 22. Authorization. The Lessor hereby authorizes TELUS for the entire duration of the Terrn, to use the correspondence attached at Schedule "D" (the "Authorization Letter"), to obtain from any person, corporation or government authority, any information regarding the Premises that TELUS may require for the purposes of exercising its rights under this Lease, and the Lessor agrees to execute the Authorization Letter from time to time as reasonably requested by TELUS for these purposes. 23. Environmental. During the Term, the Lessor represents and warrants continuously that there are not contained, within or under the Premises, any toxic material or hazardous substances or any other contaminants (collectively "Hazardous Substances") as defined under all applicable provincial or federal legislation, regulation or orders of any kind. The Lessor shall indemnify and hold TELUS harmless from and against any liability arising from the presence of Hazardous Substances on the Premises. TELUS shall have the right to conduct environmental testing at the Site at any time during the Term and to terminate this Lease immediately without damages or penalty should the results of such environmental testing demonstrate the presence of Hazardous Substances at levels not acceptable to TELUS acting reasonably. TELUS shall comply with all applicable provincial or federal environmental legislation, regulation or orders of any kind, 4 of 9 188 ATTACHMENT # a —TQ REPORT # ; PL.N\ 10-4 File: ON0923 SCHEDULE"A" DESCRIPTION OF PREMISES Real property located in the City of Pickering, in the province of Ontario, known municipally as 1850 Taunton Road and with the following legal description: RDAL BTN LTS 16&17 Concession 4 Pickering R PLAN (PART] 40R 26501) 5 of. 9 Ayi 189 ATTACHMENT #_ TO RF.POF? i File: ON0923 SCHEDULE"B" IDENTIFICATION OF SITE NOTE: Plan is not to scale. Boundary lines, easements, servitudes and rights of way identified in the plan are approximations which may be further specified in technical drawings or a survey, to be added as required through Schedule C. Plan is subject to all terms and conditions of the Lease. 6 of9 190 ATTACHMENT it TO RPOFs; N 1D -/e SCHEDULE "C" TECHNICAL DRAWINGS OR SURVEY OF PREMISES AND SITE NOTE: Technical drawings and surveys are subject to all terms and conditions of the Lease. pa yc Lsx Vii' 1�)+r?— fSe`.i4Y v.k...s�t f -p .riii l4l3�L..�V'SSaj tF.Z6 of e:yr 7 of 9 File: ON0923 191 LOT 17, CANADIAN • PAC\FIC 40R -BSB PPRt 15.PLAR � �\ / \ PORTR-1I4509, PLAN 40 LOT 17, CONCESSION 4 NI 45 ®I WV:No.00551 Le PROPOSED Y TELUS MOBILITY COMPOIMO S° Nx � 3 �4 ti'a'I11\ alfa =r d \ ,i q _F &,-I'S 4F .�_.*- N. A.P iA9..E,. -�Tx;• ny'„2 sdROS•�— a'� BCETW°}EEN d ,n0.DeL0)�'CESSIONS "' MOND ALLOWANCE $ 4,......- ^ 'l ,m dV n. vT ''`a.0 a1aN T , SavP . • LOT 16, CONCESSION 4 D, & 10 ea PART 4,PLAN 90R-14509 MINED,- TO c*sEwdr AS IN Wsr.A.d/434 1 NOTES AND LEGEND REARMS PEON ARE Nim OEARIN u0 ARE SCRIM MOM 17101 rtpTS maOTA0012 IE 0502A.S 1.01.0 0 000002 41AOISA022.u39 N Av0171921 MO AR[ AEF[epE0 TO M[ fRCIAN mOD WEST LumTUDE, IONE S, IUD 61.NTK KEY PLAN NOT TO SCAI.EI TELUS MOBILITY SITE No. ON -0923 TOPOGRAPHIC PLAN OF PART OF THE ROAD ALLOWANCE BETWEEN LOTS 16 AND 17 CONCESSION 4 (GEOGRAPHIC TOWNSHIP OF PICKERING) NOW IN THE CITY OF PICKERING REGIONAL MUNICIPALITY OF DURHAM SCALE 1, 300 J. D. BARNES LIMITED ®mrmICHT tom METRIC ° ri.i wreVliciEe4Nr om[ov,c o7 uL1E BENCHMARK OTT OF nrNEpOw MOWN. N..3.E20 ORAASF;PTL015 5[i 19RN4YTNLT' Ox SOOf4 3* 043 0300 05 00L0nO 5 ms. w2N o� axinEu cp oFEanEc`v mi[ Aw Er..00vE w.oc 14 Uron 'AYxioINgOM"7:3--4[n a)31 64.11. oxl 41 NOOTN ALVd1mN • O.FA., As REMELT r0 EASEMENT y. J a . ,03. MST Rh a°t PART L KNOWN 1 0. •I I I I I I I I a A AS OLD CONCESSION 3 o-' TAUNTON L AND 1 PART I, BETWEEN PLAN 40R-24299 IR0A0 ALLOWANCE LOT 16, CONCESSION 3 /075 16 AND 171 4 40R-23354 ROAD SETOANCES SNOWN AAE FAOu10 S]iAK[3 AMO CAN OE Ho0ar NII Or YYLTPLYuO Dr TxE OOYBw[O SutL F,01Op THE IrarTciWa[ u®4Ww0 uwAtAixn1wi..LO nOamWFSUgo' Puxu,rI aW.T'AE IO. CONTRACTOR "LLCONEYO [.. T TR OF. aUCT„RES PRIOR AvumE :D ROLNDAAT IxFCOMP.)YATmx IS COFRO,/ REGISTRY oFFrc DOCun ms. YOxOYDIT UV' DESol NOTEi Y2IOVSEYY 0 MN DAR .07E3 mono NLL DpOTEs FS YARREN ) rooms DECOROUS TREE E — MOTES OVERHEAD WIMP TUE FFLowo. NTR[SFNTEO RT TRIO PLAN WAS COMPLETED ON AM 14,200. . D .BARNES .,...,. ta101,713.1,11 r-1101112.1.41.1.4 F.01 CINFLO 07. 10-23-256-00M r [, 4V00301C4r0202 00.... , \ I e \\\ II i8 \ I - u PART L PLAN 404-1369 \\ 4I la I \ \\ _ i /' / 4.0492 21 g- 41' Wim' P pC°C 0 I /�/� VW` `' /L��—'W m pPP4oa.T90 i :,..:13r3.1i:?---:'1'N.---114". o /' \4TT1v//I ,�'//—� 4oa• /� apU-WPY I LOT I7 _ anPO �iR ET �'// p /�'// CONCESSION 4/'�/ el Q�� �� ��6� � �' PpgF1G / plP0. 9. 2 e `w� �c - p0'T air I '//// \ lam'//// N _--- _UNIT. ce'//// PARI m`<g a'; i ' pIPN / i / ___\. s 9 \ v. . Tm i / _ roe¢ a• B via 0, KA,r _ _ i ' / / T 9• / / / a0 Yt� \ �'NO / /' / ROMEO'''''TO =FA" As N0i 210 A4 mcn QQ PART PLAN', J iti ' PP0./// PP0.T l'1.plPaPIA,PV ? /r'/wr.wuR - e1� 40flPre orifniB I / F DINS' 1 ���� A ..._ -_ `�`""°' TROAD Q 2Pls ALLOWANCE Wn +`N man m u em.m ev.I A fp *.+ BETWEEN CONCESSIONS wk. EASEMENT Ar ANO K1Y Aai ace Ne ulcsi PART f2, PLAN 40R -85B SLB4ECT No. p;SSR PART I, PLAN 40R-2]334 Q.osCO 9Y ONA tNx6fFN5T.N.PIN22 ;,e� n ze40T N �� +"°'R KNOWN AS TAUNTON ROAD (NOT TRAVELLEOI iCNZWN AS OLD spUNTQj� ROA�G To EASENpT AS ,Ai IV 1\D>PpIPI. USwE^— 0" pLPS ATIVAIT PA 604.1 IS o0./ i / \PART IT PLAN - Z 1 4aR-89B PAST I,' LO T 16 CONCESSION 3 LOT 17 PLAN 36101 4OLI-Z611 M -,pJ� • Dia' // O 1 ? a 7 C�.,pIP�,P P4 // 7 7 ?SPS PA , 7 7 � 7/ T -7".7-17- T— LS I I iO Pq RT I, PLAN F_ 0R-24299 Fi 3 0 I � I2I 'I §I I ISI CONCESSION 3 LOT 16 CONCESSION 3 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER 700 LAND TRLEs ICT. DATE C.C.LAPRNAB015E ONTARIO LAND SURVEYOR PLAN 40R - RECEIVED MIS DEPOSITED DATE ----____ LAD REGISTRAR FOR THE LNID TITLES 00190N OF DURNW Ne 401 5CREWLE PART PART OF LOT COALCALAI PIN 1.91 Cf"Ate 11.0 NL w M IOTam3 PLAN OF SURVEY OF PART OF THE ROAD ALLOWANCE BETWEEN LOTS 16 AND 17 CONCESSION 4 AND PART OF THE ROAD ALLOWANCE BETWEEN CONCESSIONS 3 AND 4 :Q CITY OF PICKERING REGIONAL MUNICIPALITY OF DURHAM (GEOGRAPHIC TOWNSHIP OF PICKERING) SCALE I: T50 J. D. BARNES UNITED METRIC u°v�n eE wnonaia rm W n 0.437:1=7 EmigancoN or mlo oE: mai cmlleol. <n�.+.00°41"mammmox110464.4 O.00,137 LORATAXAM MAO . g mons saver ARM RwT� AOY YAR VT ADAMS MIMS w, rL,..... rnRlw Lmau MP OppTC1 MOM Nomwo 1.101/.....1. . L6PIIo,T ma= P. MOTU m, nLR 5 1.6 1:0dOTTA PIAN 10,1.6A DI CAROMS wmoor PLAN MR.= I=APAY RAM 114.4 ci.R4I1RnNa SURVEYOR'S CERTIFICATE LAYS®UT TAM RRLL•2 wnl PC SYMMS 9.11VTRY a.m amrT� 3 Aim Pc Tmn�ra wouTmin VAN b0Na0 t 9 AMR . D_BAR.N ES IIFFFFF TIOX roe NemP eI. Ar 9rauu A6.17:0401...Io.e� XL OCCCO COI oFSS613-wr ru, Snmrwivprwra.u., ,a ,,, 3750 65.00mANTENNA LOADING CHART m m _ x m 7 POS. DESCRIPTION ES QTY ELEVATION AZIMUTH Tx UNE QTY DESCRIP11ON y " 3 4 1 742215 KATHREIN 6 64.31m 5T/1707290' - - FUTURE HSPA "' m 61.DOm . 2 RRU/FIBER SPUTTER/DC SPUTTER 6/1/1 64.31m N/A DC/FIBER• 1/1 FUTURE 3750 3 742215 KATHREIN 6 61.92 m 50%170'/290' - - FUTURE HSPA ::..1 a '° x 4 RRU/SPUTTER BOX 6/1/1 61.92 m N/A DC/FIBER• 1/1 FUTURE N n m „ 5 IDEN (2.4mx0.3m) 6 67.00 m 50%170'/290' LDF7 6 IGEN ji I m 6 HP4 2 56.406 m TBA LDF2 4 M/W 3750 54.90m . (i� 7 HP4 _ 1 _54.172 m 305' IDF2 2 M/W a n n m x ,c x 48.80m \ lip . ri3750 —O •TELUS: DC=VO CABLE, FIBER=0.50 CABLE . m 0 y W I 03 131 11 n \ J rli J 42.70m FAIF. 3750 m m w m m I , IPM 0 m o y m 0 J ll J 3750 3&60m gro bilk ' ,04 ' riJm - T0: CAN/CSA/537-01 WINO: 520Pa (SITE-SPECIFIC VELOCITY PRESSURE) ICE CLASS 1l' (25mm) STEEL- G40.21 MIN. Fp35DW HOT DIP GALVANIZED m - NPO Tr x ro x x r 3750 30.50mpi 3750 24.4Dm- , / OBSTRUCTION MARKING: IF REQUIRED PAINT: IF REQUIRED LADDER: INTERNAL c/w SAFETY RAIL. TWIST & TILT AT PANEL. ANTENNAS < 2.D' & 1.D • a n r �- m x m % u r PT „ _ TWIST & TILT AT M/W ANTENNAS < D.5' SERVICEABILITY FACTOR m 0.7 IMPORTANCE FACTOR 7.0 w m j 3750 I\ o n n r m o m x 18.30milOLE �; - _ TOWER ALL WORK TO BC & TELUS SPECIFICATIONS N o j 3750 r e m o m 12.20m ; /'j3750 o 73 6.7Dm ( `H :+� ��'�' + 11 — = x —L ����1��������1���������1������ �ri�!• USZ SKI 0aSUE0 ISSUED FOR 22 1C 22 MC MG �i o 1' 1� PERMIT JUNE r/ �4� ��4 �i�t�1 KV �����i �4+�'�4711 !�lil KV �Q�?i►�i�r� 22 JUNE 10 SAC DIAGONALS 3750 ����Al.��•►��►a�•��v':a.�� �� mma/aa nA.mra muwxrm..rmo•w w Ma It Cava .iwa.uem..oi MAXIMUM BASE REACTIONS (FACTORED AS PER CSA -S37-01) /4/CE- OF 134C a ,t En _—BARE ICED £ OOY&ILDAO (kN): 3456.6 2533.6 T E L U S 0 Roehampton Cow.uxiunoxs LTO o P c.1 01 0 _ UPLIFT (kN): 3259.5 2313.4 - OLD TAUNTON 110.. PI0(ERING. ON TOWER PROFILE 4 SHEAR (kN): 148.5 107.1 am Dual A ‘010 Mama 11. 1� TELUS- ON0923 MG 22 JUNE 10 OND923 -A01 ATTACHMENT # TO • REPORT # AN it) --/E3____ File: ON0923 SCHEDULE "D" AUTHORIZATION LETTER FROM: THE CORPORATION OF THE CITY OF PICKERING One The Esplanade Pickering, Ontario L 1 V 6K7 TO WHOM IT MAY CONCERN: Re: RDAL BIN LTS 16&17 Concession 4 Pickering R PLAN (PARTI 40R 26501) Site: ON0923 We/I, The Corporation of the City of Pickering, the owners of the above mentioned property, hereby give TM Mobile Inc. (TELUS) and its agents permission to act as our agent to acquire the necessary permits, drawings and/or buildings structural blue -prints, hydro information from the public utility and information from the municipality or other authorities concerned, needed to approve the construction of the telecommunications site at the address indicated above and as shown on the attached plans. Sincerely, 8 of 9 /Ai 195 ATTACHMENT # _ a -z REPORT # i PL/1) SCHEDULE "E" AMENDMENT TO TERMS AND CONDITIONS 4 Covenants of TELUS. File: ON0923 (b) Taxes, Rates and Assessments — is amended by adding the following at the end of the sentence: "including, but without limiting the forgoing, realty taxes". (e) Removal of Equipment - is amended by adding the following at the end of the sentence: "and the premises shall be restored to its original condition, reasonable wear and tear excepted. Tenant shall be required to remove conduits, concrete foundations (to one(1) metre below grade) expiration or termination of this Lease." (g) Insurance — Should provide that the Insurance policy will contain a waiver of Subrogation, a Severability of interests provision and NOT be cancelled except on not less than 30 days notice to the City. 5. Covenants of The Lessor. (c) Emergency Power - is amended by intentionally deleting the first sentence in reference to the Lessors emergency power. 6. TELUS' Equipment. is amended by adding the following sentence to the end of the paragraph: " "Notwithstanding all of the above no initial work on the Site shall commence until the Lessor reviews and approves the plans and issues the Building Permit." 9. Confidentialiality. Intentionally deleted 13. Encumbrances. Intentionally deleted 23. Environmental. is amended by intentionally deleting the existing paragraph and replacing it with the following: "Landlord represents that it has no knowledge of any substance on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, provincial or local law or regulation. Landlord shall be responsible for any pre-existing contamination of the Site. Landlord and Tenant shall not introduce or use any such substance on the Site in violation of any applicable law." 9 of 9 196 ATTACHMENT # 3 TO. REPORT # ASSIGNMENT, ASSUMPTION AND AMENDING AGREEMENT THIS AGREEMENT is dated (the "Assignment Agreement"). BETWEEN: TM MOBILE INC. (the "Assignor") - and - BELL MOBILITY INC. (the "Assignee") - and - THE CORPORATION OF THE CITY OF PICKERING (the "Landlord") RECITALS: 1. The Assignor and the Landlord are parties to an agreement dated August 19, 2010, copy of which is attached hereto as Schedule "A" (the "Agreement"); 2. The Assignor and the Landlord confirm that the Agreement commenced on October 1, 2010 and that the rent pursuant to the Agreement, as of the date of this Assignment Agreement, is $20,000.00 per annum; 3. The Assignor wishes to assign the Agreement to the Assignee as well as to transfer some or all of its right, title and interest inany construction erected on the leased premises under the Agreement and owned by the Assignor (collectively, the "Assignment"), including, without limitation, any wireless telecommunications antennae, cabling, generator and other related equipment used for wireless telecommunications transmission or reception (the "Telecommunications Equipment"), any tower structure, a mast or a mount (including a rooftop structure, if applicable) to which telecommunications antennae and certain other Telecommunications Equipment can be attached, and including, without limitation, the following infrastructure: poles, conduits, piping, brackets, pedestals, roof piers, all necessary cabling, wiring, fibre optic wiring, hydro -electric wiring, telephone wiring, antenna mounts, and similar items (the "Telecommunications Towers"), any upright enclosure or similar structure used for the storing of Telecommunications Equipment (the "Cabinet") and any building or similar structure used for the storing or housing of Telecommunications Equipment (the "Shelter"; the Telecommunications Equipment, the Telecommunications Towers, the Cabinet and the. Shelter are hereinafter collectively, referred to as the "Constructions"), as part of a sale of assets to the Assignee (the "Transaction") expected to occur at a later date; and 4. The Landlord has agreed to grant its consent to the within Assignment, subject to the terms and conditions herein set out. 197 ATTACHMENT # .3 Tp REPORT # i L N ' i0 /R NOW THEREFORE, in consideration of the mutual covenants and agreements between the parties to this Assignment Agreement and the sum of One Dollar ($1.00) that has been paid by each of the parties to each of the other, the receipt and sufficiency of which is acknowledged, the parties hereto covenant and agree as follows: 1. Recitals. The parties hereto hereby acknowledge, confirm and agree that the foregoing recitals are true in substance and fact and are incorporated herein. Assignment. As of the Effective Date (as defined below), the Assignor assigns, transfers and sets over to the Assignee the Assignor's undivided right, title and interest in and to the ,Agreement and the Constructions. 3. Assumption. The Assignee covenants and agrees that from and after the Effective Date, it shall at all times do, observe, perform, keep, be liable under and be bound by every covenant, provision, condition, agreement, stipulation and other obligation on the part of the Assignor contained in the Agreement arising from and after the Effective Date. 4. Landlord's Consent. The Landlord hereby: (i) consents to this Assignment of the Agreement and transfer of the Constructions from the Assignor to the Assignee as of and from the Effective Date; (ii) confirms that it has no right, title and interest in the Constructions and, to the extent necessary, waives herein any right, title and interest it may have in such Constructions and undertakes to sign any deed of transfer the Assignee may see fit to acknowledge Assignee's right of ownership in the Constructions as of the Effective Date; (iii) ratifies the Agreement, as amended from time to time: including, by this Assignment Agreement; and (iv) authorizes the Assignee at its sole cost and expense to register on title the subject Agreement, as amended from time to time, including, pursuant to this Assignment Agreement, as well as its right, title and interest in the Constructions. 5. Representations and Warranties. The Landlord hereby represents and warrants to the Assignee that: (a) the Agreement represents the full agreement between the Landlord and the Assignor and has not been amended; (b) the Agreement is in good standing and in full force and effect, unmodified and there are no defaults by the Assignor or the Landlord under the Agreement; (c) there are no claims, set -offs or other disputes between the Assignor and the Landlord under the Agreement; (d) the rent and all other payments required to be paid by the Assignor under the Agreement have been paid in full until the date hereof; (e) the legal description of the Premises affected by the Agreement is set forth in Schedule "B" hereto; (f) (g) 198 the Landlord is the legal and beneficial owner of the Premises, as set forth in Schedule "B" hereto; the legal description of the Site affected by the Agreement is set forth in Schedule "C" hereto; and ATTACHMENT TO REPORT 1t ii (h) the Landlord has the authority to grant a leasehold interest in the Site, as set forth in Schedule "C" hereto. 6. Release of Assignor. The Landlord hereby releases the Assignor of and from any and all obligations to observe and perform the terms,covenants and conditions contained in the Agreement that occur from and after the Effective Date. 7. Condition. Notwithstanding anything to the contrary, this Assignment Agreement shall automatically become null and void and shall be deemed to have never been executed should the Transaction, or the portion of the Transaction which relates to the Agreement, not close by August 31, 2019. The Assignee undertakes to notify the Landlord of the closing of the Transaction and of the effective date of this Assignment Agreement, which shall be concurrent with such closing, (the "Effective Date") within 30 days of the closing of the Transaction. The Assignor undertakes to notify the Landlord should closing of the Transaction, or closing of the portion of the Transaction which relates to the Agreement, not occur for any reason. 8. Amendment to Agreement. The Landlord and the Assignee hereby agree to amend and modify the Agreement as follows, the whole effective as of the Effective Date: (a) Schedule "A" of the Agreement shall be deleted and replaced with the "Description of Premises" as set forth in Schedule "B" attached hereto. (b) Schedule "B" of the Agreement shall be amended by adding the "Identification of Site" as set forth in Schedule "C" attached hereto. 9. Landlord Undertaking. Should the Landlord assign the Agreement or otherwise sell the property subject to the Agreement prior to receiving the applicable notice contemplated in Section 7 above, the Landlord shall: (i) ensure that the assignee of the Agreement or acquirer of the property agrees to be bound by the terms of the Agreement, and (ii) promptly advise the Assignor and the Assignee of such assignment or sale within 5 days of such assignment or sale. 10. Registration. Landlord is (check appropriate box(es) and provide required information): ❑ a registrant for the purposes of the Excise Tax Act (Canada) under registration number (GST/HST). ❑ a registrant for the purposes of the Act respecting the Quebec sales tax under registration number (QST). ❑ not registered for the purposes of the Excise Tax Act (Canada) and the Act respecting the Quebec sales tax (GST/HST/QST). Landlord shall provide Assignee with immediate written notice upon and of any change to its GST/HST or QST registration status described above. 11. Further Assurances. Each of the parties shall promptly do, make, execute, deliver, or cause to be done, made, executed or delivered, all such further acts, documents and things as the other parties may reasonably require from time to time at the expense of the requesting party for the purpose of giving effect to this Assignment Agreement and shall use reasonable efforts and take all such steps as may be reasonably within its power to implement to their full extent the provisions of this Assignment Agreement. 199 ATTACHMENT # _ TO REPORT # J 12. Assignment. This Assignment Agreement and the obligations of each of the parties shall not be assigned, in whole or in part, except in accordance with the Agreement. 13. Enurement. This Assignment Agreement enures to the benefit of and is binding on the parties and their respective successors and permitted assigns. 14. Notice. The address of the Assignee for notices under the Agreement is: Bell Mobility Inc. 5099 Creekbank Road Building D, Floor 6N Mississauga, ON L4W 5N2 Attention: Real Estate Services Phone: 1-800-667-5263 opt. 1 E-mail: bmresi@bell.ca 15. Severability. Each provision of this Assignment Agreement is declared to constitute a separate and distinct covenant and to be severable from all other such separate and distinct covenants. Without limiting the generality of the foregoing, if any of the capacities, activities, periods or areas specified in this Assignment Agreement are considered by a court of competent jurisdiction as being unreasonable, the court has the authority to limit the capacities, activities, periods or areas to those that the court deems proper in the circumstances. If, in any jurisdiction, any provision of this Assignment Agreement or its application to either party or circumstance is restricted, prohibited or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of that restriction, prohibition or unenforceability without invalidating the remaining provisions of this Assignment Agreement, without affecting the validity or enforceability of that provision in any other jurisdiction and, if applicable, without affecting its application to the other parties or circumstances. 16. Counterparts. This Assignment Agreement may be executed in any number of counterparts, and/or by facsimile or email transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Any party executing this Assignment Agreement by fax or PDF file shall, as soon as practical following a request by any other party, provide an originally executed counterpart of this Assignment Agreement provided, however, that any failure to so provide shall not constitute a breach of this Assignment Agreement. 17. Governing Law. This Assignment Agreement is governed by, and interpreted and enforced in accordance with, the laws of the province in which the leased premises under the Agreement are located and the laws of Canada applicable in that province, excluding the choice of law rules of that province. 18. Language. The parties hereto have requested that this Agreement be drafted in English only. Les parties aux presentes ont demande a ce que la presente convention soit redigee en anglais seulement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 200 ATTACHMENT # TO REPORT' PbN /D � 3 IN WITNESS WHEREOF the parties hereto have duly executed this Assignment Agreement as of the day and year first above written. TM MOBILE INC. Per: Name: Title: I have authority to bind the corporation. BELL MOBILITY INC. Per: Name: Title: I have authority to bind the corporation. THE CORPORATION OF THE CITY OF PICKERING Per: Name: Title: We/I have authority to bind the corporation. 201 See attached. 202 ATTACHMENT_ 3 TO REPORT . PL -1` /D --%a SCHEDULE "A" AGREEMENT ? T ACi iMEN T , �_ 10 EPOR1 # SCHEDULE "B" DESCRIPTION OF PREMISES PIN: 26407-0023 (LT) RDAL BTN LTS 16 & 17, CON 4 PICKERING & RDAL BTN LTS 16 & 17 CON 4 AJAX & RDAL BTN LT 16, CON 4 AJAX AND LT 17, CON 4 PICKERING BTN TAUNTON RD & RDAL BTN CON 4 & 5 PICKERING; PT LT 17, CON 4 PICKERING AS IN CO153788 ; S/T D11654,PI28450 AJAX/PICKERING 203 ATTACHMENT 3 TO REPORT # SCHEDULE "C" IDENTIFICATION OF SITE Part of the Road Allowance between Lots 16 and 17, Concession 4, Pickering, designated as Part 1 on Plan 40R-26501, being part of PIN 26407-0023 (LT). 204 ATTACHMENT REPORT d 2LalDl" SCHEDULE "0" LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT See attached. 205 DICKERING 64 Report to Executive Committee Report Number: PLN 12-18 Date: May 7, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Infrastructure Ontario Public Works Class Environmental Assessment Seaton Community — Primary Neighbourhood Connecting Trails City of Pickering File: D-1100-063 Recommendations: 1. That Council approve the hiring of Candevcon Limited for undertaking an Infrastructure Ontario Public Works Class Environmental Assessment for the Primary Neighbourhood Connecting Trails in the Seaton Community in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; 2. That the Letter Proposal submitted by Candevcon Limited for Professional Consulting Services for undertaking an Infrastructure Ontario Public Works Class Environmental Assessment for the Primary Neighbourhood Connecting Trails in the amount of $90,000.00 (HST excluded), provided as Appendix I to Report PLN 12-18, be accepted; 3. That the total gross project cost of $110,740.00 (HST included) including the proposal amount plus contingency costs for other expenses such as permits, licensing or review fees, and the total net project cost of $99,725.00 (inclusive of the HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer tofinance the total net project cost from the Seaton Development, Implementation & Legal Assistance 2018 Council Approved Current Budget Account 2611.2392.0002; 4. That City staff be authorized to sign any agreements between the City and Candevcon Limited in a form satisfactory to the Director, City Development;, and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: In 2013, the City's Official Plan Amendment for the Seaton community was approved with land use designations and policies. The Seaton Neighbourhood Plan conceptually displays connecting trails, recreational trails and bikeways (see Seaton Neighbourhood Plan, Attachment #1). As development is now proceeding with occupancy expected this spring, it is prudent to begin the Infrastructure Ontario (10) Public Works (PW) Environmental Assessment (EA) process for confirming the primary connecting trail locations between neighbourhoods. 206 Report PLN 12-18 May 7, 2018 Subject: Seaton Trails Environmental Assessment Page 2 Given Candevcon Limited's extensive experience with completing over 40 Category PW Class EA's in the Seaton Community and Duffin Heights Neighbourhood, staff requested a fee proposal from the consulting firm (see Letter Proposal, Appendix 1 and Reference Letter, Attachment #3). In accordance with Purchasing Policy 10.03'(c), where the professional service assignment is expected to be above $50,000.00 and the initiating Director intends to acquire the services without going through a competitive process, Council approval is required to engage a firm for a professional services assignment. Staff are recommending approval of the Letter Proposal (see Appendix I) submitted by Candevcon Limited for Consulting and Professional Services for completing an 10 PW Class EA (Category B — Realty Transaction) for the Primary Neighbourhood Connecting Trails in the Seaton Community in the amount $90,000.00 (HST excluded), plus an $8,000.00 contingency (HST excluded), for a total net city cost of just under $100,000.00. Financial Implications: 1. Proposal Proposal Amount HST (13%) Gross Proposal Cost $90,000.00 1,700.00 $101,700.00 2. Total Project Cost (Proposal + Other Costs) Proposal Amount Contingency (license and review fees; added meetings, etc.,) Sub Total HST (13%) Total Gross Project Cost HST Rebate (11.24%) Net Project Cost to City (incl. t76%) $90,000.00 8,000.00 $98,000.00 12,740.00 $110,740.00 ($11,015.00) $99,725.00 1. Background The Seaton Neighbourhood Plans were approved in 2013 with land use designations and policies. In addition, connecting trails, recreational trails and bikeways were conceptually shown on the land use schedules (see Seaton Neighbourhood Plan, Attachment #1). 207 Report PLN 12-18 May 7, 2018 Subject: Seaton Trails Environmental Assessment Page 3 The trails generally reflect the Seaton Natural Heritage System - Management Plan and Master Trails Plan (2008) prepared for the Ministry of Municipal Affairs and Housing by Schollen & Company Inc., and as refined through the preparation of the Seaton Neighbourhood Plans. These trails are located with the objective of minimizing the establishment of ad-hoc trails, avoiding sensitive areas, minimizing any potential for future opposition to trails adjacent to future residential dwellings, and encouraging the use of trails as an active form of transportation. Housing construction is well underway with occupancy expected this spring. It is appropriate to initiate the Infrastructure Ontario (10) Public Works (PW) Class Environmental Assessment (EA) process to confirm the location of the primary connecting trails between neighbourhoods. There are fourteen connecting trails identified for the Seaton Community (see Primary Connecting Trail Maps, Attachment #2). Once the license/easement has been secured from 10, the City can move forward with constructing these trails subject to budget approval. 2. Discussion 2.1 Candevcon Limited has considerable expertise in the field of environmental assessment having worked on over 40 10 PW EA projects both in Duffin Heights and in Seaton Candevcon Limited (Candevcon) and its team of sub -consultants were retained by the City to complete an 10 PW Class EA for lands located at the southeast corner of Tillings Road and Dersan Street. The City intends to acquire an easement from 10 for the use of these lands for a future park and trail. Staff had an excellent experience with Candevcon's planner and were impressed with the working relationship the consulting firm has with sub -consultants, Provincial ministries and agencies, and the Toronto and Region Conservation Authority (TRCA). 10 has given a strong recommendation for hiring Candevcon given their years of experience, depth of knowledge of the 10 PW Class EA process, timeliness, ability to work within budget, and communication and problem solving skills (see Reference Letter from Infrastructure Ontario, dated April 19, 2018, Attachment #3). The hiring of Candevcon and its team of sub -consultants represent good value as they: • have the necessary administrative and technical expertise • are extremely familiar with the 10 PW EA processes having completed over 40 Class EA's in the Seaton Community and Duffin Heights Neighbourhood • have worked with the Province, Region, and Seaton landowners on a variety of realty transactions over the last 10 years • are familiar with the Schollen Management Plan and Master Trails Plan for the Seaton Community • are intimately familiar with the Duty to Consult (DTC) requirements of the Province and have an ongoing relationship with the Province in addressing matters relating to DTC and archaeological assessments 208 Report PLN 12-18 May 7, 2018 Subject: Seaton Trails Environmental Assessment Page 4 It is imperative that the City proceed with the staking and coordination of the visual assessments prior to foliage growth as this will provide staff and TRCA the best vantage to confirm or revise the trail locations, and identify issues (steep grades, creek meanders, and other natural features to be avoided) with minimal visual disruption from foliage. The timing for carrying out the field inspection portion of the project during early spring will also minimize natural hazards to staff, TRCA, and the consulting team. 2.2 As required by the City's Purchasing Policy, Council is requested to approve this consulting assignment as it is for an amount greater than $50,000.00 In accordance with Purchasing Policy 10.03 (c) where the professional service assignment is expected to be above $50,000.00, and the initiating Director intends to acquire the services without going through a competitive process, a Report to Council shall be submitted to obtain approval to engage a firm for a professional services assignment. Staff are recommending approval of the proposal submitted by Canadevcon for Consulting and Professional Services for completing the 10 Class EA for the connecting trails in the Seaton Community in the amount of $90,000.00 plus HST (see Letter Proposal, Appendix I). There will be additional costs associated with permits, licensing or review fees, and other disbursements relating to securing approvals. At this time, staff have estimated an additional $8,000.00 plus HST will be required to cover these costs. Accordingly, staff recommends Council approve the total net City cost of $99,725.00 for this project. 3. Next Steps. Subject to Council approval and various agreements being executed, Canadevcon will commence work on completing the 10 PW Class EA for the primary neighbourhood connecting trails in the Seaton Community immediately thereafter. Appendix Appendix I Proposal. Letter from Candevcon Limited dated April 11, 2018 Attachments 1. Seaton Neighbourhood Plan 2. Primary Neighbourhood Connecting Trail Maps 3. Reference Letter from Infrastructure Ontario, dated April 19, 2018 209 Report PLN 12-18 May 7, 2018 Subject: Seaton Trails Environmental Assessment Page 5 Prepared By: Approved/Endorsed By: itycLw-) Grant McGregor, MCfP, RPP iz4t„.v Catherine Rose, MCIP, RPP Manager, Strategic Initiatives & Sustainability Chief Planner GM:fd Kyle Bentley, P. Eng Director, City Development & CBO Ray Rod 'a,ues, CPPB Manager, Supply & Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. Chief Administrative Officer 210 Proposal Letter from Candevcon Limited, dated April 11, 2018 Appendix I to Report PLN 11-18 211 212 CANDEVCON LIMITED [,'ONSIIL TING ENGINEERS & PIANA'EHS OM EAST OFFICE 16001NAMPIAINAVENUE St►1TE 4(C WHITBY, ONTARIO 1 IN 982 f. (289)37S -35M E-mail only April 11, 2018 City of Pickering Planning & Design Attn: Catherine Rose, Chief Planner One The Esplanade Pickering, ON L1V 6K7 Dear: Ms. Rose, FTITWICAN7 cow NO AMC'S i 1r M Ct^At MPH f ilm yG r!W17:01VArot !um% PEWS a RIMS 1AWithilitil MAE/ ma suracts WMIR rt$O(J! $ ElnenU AV. AL Wel MAW tAVOIIIr 6 po:NowrA1 rfAulalG SMI IC WIN INCiWi 'MG Re: Proposal far Professional Consulting Services Infrastructure Ontario PW Class EA Seaton Trails (Realty Transaction for Easements and Licenses) Seaton, City of Pickering Our File No. P186 -16E The City of Pickering are proposing to acquire easements and licenses within the Seaton NHS for the purpose of developing the Primary Neighbourhood Connecting Trails system generally in accordance with the 'Seaton Natural Heritage System -- Management Plan and Master Trails Plan' (2008) prepared for the Ministry of Municipal Affairs and Housing (MMAH) by Schollen & Company Inc. The trails are located throughout the Seaton Community and were developed with the objective of minimizing the establishment of ad-hoc trails, directing use away from sensitive areas, minimizing potential for future opposition of trails located adjacent to future land uses and encouraging the use of trails as an alternative to automobile use. Following up from our meeting on March 15th, 2018 we are pleased to provide this proposal to complete an 10 PW Class EA (Category B - Realty Transactions) for the Primary Neighbourhood Connecting Trails in the Seaton Community and coordination of staking of the Primary Neighbourhood Connecting Trails, Our proposal for professional services is broken down into the following sections: 1, Professional Services Scope of Work The following outlines the scope of work anticipated to be required to complete the documentation and post the EA, followed by tasks to be undertaken far the Seaton Trails 10 PW Class EA.: Compile existing studies, draft plans, surveys, Natural Heritage Assessments, Phase 1 ESA's, etc. completed to date, utilising the information available through the Seaton Natural Heritage System Management Plan and Master Trails Pian to inform the EA and respond to comments during consultation. Our team will coordinate through the City of Pickering and Infrastructure Ontario to obtain existing information. am WEST Orrla 4fY1Rr1[h'?ATFj: 9350 60141 V,WI AVI • LRAMPTON ONTilP1O for [WI 0 r•(S (M) 194040 f 7940 511 Page 2 CANDEVCON LIMITED CONSUt11NG FNG1NrERS & WAVERS April 11, 2018 City of Pickering Ms. Catherine Rose As discussed at our meeting it is understood that the Schollen Report was prepared in 2.00$ and site conditions may have changed. There are newly listed species at risk listed and alignments may have been altered during subsequent processes resulting in the likely need for additional studies in support of the trail locations. Existing conditions will be identified through consultation with agencies and stakeholders. The information obtained will likely lead to the need for additional studies including but not limited to archaeological assessments, natural heritage studies, geotechnical and site condition studies prior to constriction of any trail. Any fieldwork, engineering and legal survey work required to implement the projects and obtain easements over the trails will be subject to future work and proposals. This work is not included in this proposal. U. Should there be a need for additional information or studies requested during circulation of the 10 Class EA, Candevcon Limited will provide ongoing advice on the elements that are unique to an 10 PW Class EA that are required to be included in the documents/reports/correspondence and provide input an obtaining proposal or provide a proposal to carry out the additional work. Ili . Coordination with Infrastructure Ontario for the preparation of a License to enter and carry out additional studies if required. iv. Coordinate with infrastructure Ontario and Agencies as necessary and where required, to obtain written confirmation that the consultation requirements have been rnet. v. Complete the 10 Consultation and Documentation Report (C&D Report) including appendices of studies and correspondence with agencies (letters, emails, etc. as appropriate). vi. Attendance at three (3) meetings (including conference calls) with any of the following project team: the City of Pickering, TRCA, OMNRF or others where appropriate. Should additional meetings be required, additional budget and approval will be sought prior to attending those meetings. Confirm with 10 Heritage Planner that the 'Duty to Consult' requirements have been addressed. Should 10 identify any additional DTC requirements are necessary, discussions with 10 will be required to affirm the steps to be undertaken, a separate proposal can be provided for the additional work if required, viii. Complete a draft of the C&D Report and submit to 10 for review. ix. Respond to 10 comments, coordinate obtaining additional Information if required, finalize the C&0 Report and coordinate posting for thirty (30) day review period. 213 Page 3 CANQEVCON LIMITED CONSULTING ENGINEERS & PLANNERS April 11, 2018 City of Pickering Ms, Catherine Rose x. Address comments or concerns during the posting period should they arise. xl. Confirm to the City when the posting period has expired. xii. Coordination with the surveyor in staking the Primary Connecting Trails in preparation of the City's site walks of the subject Trails to reaffirm general trail locations with TRCA and potentially MNRF. This task is being completed to help inform the location of the trails and future additional studies, preliminary engineering assessment and design, etc. 2. Assumptions We have included follow-up with the project team consultants, agencies, including addressing any subsequent comments relating to the 10 PW Class EA submission in the budget. The City will provide a Compilation Plan in CAO that provides the most current trail alignments as per the Schollen Report and subsequent amendments resulting from ongoing coordination within the Seaton Community. The City will advise our team of any changes to the trail system as soon as they are aware so we can assess the next steps and whether an addendum to the ongoing consultation is required or if a new 10 EA is required. The cost of addendums and new EA's for trails moving beyond the agreed Study Area Limits are not included In this proposal. 3. Study Team The project will be administered from our Whitby Office. The Project Manager would be Ms. Lynn Collins. Upon initiation of the project, a detailed list of the staff to be Included in the project can be provided, if requested. 4. Fees We propose to carry out the work on an hourly basis, for budgetary purposes and based on our assessment of the study team time required to complete the tasks as outline above, we estimate the budget for the project to be Ninety Thousand ($90,000.00). Our proposed budget does not include any permit, licensing or review fees that may be requested by agencies. Expenses and normal recoverable disbursernents, i.e. travel allowance, computer plotting, colour copying, etc. relating to securing approvals are included in the fee amounts quoted. Page 4 CANDEVCON LIM[ILD CONSULTING ENGINEERS .5 PLANNERS April 11, 2018 City of Pickering Ms. Catherine Rose 5. Authorization to Proceed If you are in agreement with the proposal and if you want us to proceed, kindly signify your acceptance by signing and returning one copy of the attached Project Authorization Form to us. We trust that the foregoing provides you with a comprehensive outline of the scope of work and related fee estimates for providing environmental planning support for the 10 PW Class EA. If you have any questions please do not hesitate to contact the undersigned. Yours truly, CANDEVCON LIMITED Lyq . ollins, BES, MCIP, RPP Project Manager, Planning & Environmental Assessments LC Attch. cc: Candevcon Limited, Attn: Mrs. Lynn Orr Mirko Favit, P.Eng. Senior Project Manager, Land Development 215 0) vr/ ilA /fir .1. //.arI%// /// ny ,; , //fa _� 1 �.A C) Phase 1 Primary Connectiri Is subject 30 10 EA (2017) 4 VY / / MMINC /�.rs•.rn ruer. er.e_t...mrem.. es* mi s r. nalrc n.e .aen..eh SKr. Mil.. day fay ao ante Pim The P - _ .p y / mad . and corplet.i. rr ae•say me to NEIGHBCURHOOD FLAN APPROVED MARCH 25.2013 BY THE ONTARIO MUNICIPAL BOARD Seaton Neighbourhoods 9 0 swM FM.). 7..Mral Mem OmOM. %a Ce re:s-r • nim 'r • J.22. smcm • „„..„L �+w 2xcrr L7IWr, yrs{Y Are. L Dr4Mv .re! -ICC - Meet.. cce+y s -v Da'stY rmem crrfeer Type i ® armor r}yel ca-Ta.r. rbc. ® roue Mat 0 Ewiernane . ":27 cYcAgvn, dazra Cerxan "Tee -4W ® Muec-LM .re. 1C Pr -a cz rr PMM's, SVM Ooractrr Rem mr%.ry ....91. u.+.xa Ge. ,r1,o,r.r - irae..9ra7 nidi semne.rr Reao7w..17. 3 - s.x,way 741M-.. .� wSynsrsee ex earti • 1.rrearr tnx,arsn 4.1 r* • ao-+r:naan:ar:rmsecbr Micremfftmw ze.a 5ecrn 5c.mm •y.mrsl natage Er is-v..1W zzzmr.e-n .ram ATTACHMENT f TO RE PORI JL sa - 0 Trails 1, 2, 3,4and 5 217 A rTnhlit4ENIT TO REPORT ACA Trail 6 218 ATTACHMENT # 7 TO fif.POR + # 1041 Trail 7 Trail 8 219 ATTACHMENT* .9 TO REPORT Trail 9 Trails 10 & 11 220 ATTACHMENT #TO Trails 12 & 13 221 KT1ACHMEP T Trait 14 222 ATTACHMENT # 3 TO REPORT # April 19, 2018 City of Pickering Attention: Grant McGregor — gmcgregor@pickering.ca RE: Seaton Trail David M. Flynn Lawyer 1 Business + Real Estate dflynnnchappel loartners. ca Twitter I Linkedln 1 Facebook CONDOmaximum.ca PULSE -1i` Legal News + Nog by email only We are the solicitors for Infrastructure Ontario with regard to the Seaton community and the Duffin Heights community. I am writing with regard to Candevcon Limited's work in regard to Class Environmental Assessments in Seaton and Duffin Heights. My primary contact with Candevcon has been Lynn Collins. I understand that Lynn Collins has been completing various Ministry of Infrastructure Public Work Class Enviromnental Assessments for the Seaton and Duffin Heights communities for approximately 10 years. I have worked with directly with Ms. Collins on many matters with regards to the Class EA process for infrastructure projects within the Seaton community. In this regard she has been. acting as a consultant for Infrastructure Ontario, the Seaton Landowner Group, and also other individual landowners within Seaton. I understand that Ms. Collins has completed over 40 Class Environmental Assessments pursuant to the Ministry of Infrastructure Public Work Class Environmental Assessment process. On many occasions I have worked with Ms. Collins, particularly to confirm that all required Class EA work has been completed to permit the construction of infrastructure with the Seaton Natural Heritage System, I have always found her to be extremely knowledgeable, proactive and a problem solver when I raise questions or concerns. Duty to Consult with First Nations is integral to the completion of 10 PW Class EA's. I have been informed that Ms. Collins' was instrumental in developing the First Nation Consultation model for the CPDP Regional Services Class EA, projects represented in the Seaton MESPA. Most of the Seaton assignments have been very complex and require various stakeholder consultation. Through her assignments, she has demonstrated excellent leadership and communication skills by successfully dealing with a number of stakeholders including the municipalities, engineers, planners, and authorities. In my dealing with Lynn Collins, I've found her very professional and detail oriented. Lynn is very effective at communicating my legal concerns to stakeholders, and addressing my concerns in a productive manner, ensuring that projects are able to move forward on schedule. CHAPPELL PARTNERS LLP Suite 3310, 20 Queen St W, Toronto, ON M5H 3R3 I T. 416 351 0005 1 F. 416 351 0002 1 W. chappellpartners.ca 223 ATTACHMENT # 3 TO REPORT # PIS CHAPPELL PARTNERS LLP In summary based on Lynn Collins' experience, depth of knowledge of the Ministry of Infrastructure Public Works Class Environmental Assessment process, skills in communication and problem solving I have no reservation in recommending Candevcon Limited and Lynn Collins as a consultant for the Seaton Trail project. Yours very truly, CHAPP 224 avi Barrister & Solici DMF/ Page 2 C(y o¢ DICKERING Report to Executive Committee Report Number: CAO 03-18 Date: May 7, 2018 From: Tony Prevedel Chief Administrative Officer Subject: Proposal — Community Engagement on Economic Impact & Employment — 407 Corridor - File: D-1100 Recommendation: 1. That Proof Inc. be retained as a consultant in the amount of $150,000 as per the Purchasing Policy, Section 10.03 (c), to undertake the Community Engagement on Economic Impact & Employment — 407 Corridor; 2. That the total gross project cost of $150,000.00 (HST included) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $150,000 as follows: a. The sum of $58,704 to be funded by a transfer from the Development Charges — Administration Studies Reserve Fund; b. The sum of $91,296 to be funded by a transfer from the Seaton Application Fee Reserve; 4. That a copy of this report be forwarded to the Region of Durham and Transport Canada; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: For the past 18 months, staff have been working closely with several prospects with the goal of attracting high paying jobs to the Pickering Innovation Corridor (Seaton employment lands) and to increase the commercial and industrial property tax base. In these discussions, each potential business asked what is the timeline for an airport to be sited in Pickering. In December 2017, staff included a provision for community engagement as part of the Economic Impact & Employment — 407 Corridor in the Development Charges Study. Following the 2018 Budget meeting, staff approached Proof Inc. (formerly Environics Communications) to obtain a proposal that would see the development of a comprehensive communications and community outreach strategy that would be grounded in hard data specific to Pickering. The goal of the engagement program is to gather detailed information from residents and businesses and provide them with the information they need to develop an informed opinion. 225 CAO 03-18 May 7, 2018 Subject: Proposal — Community Engagement on Economic Impact& Employment Page 2 In accordance with Purchasing Policy 10.03 (c), the Manager may obtain the services of a particular consultant selected by the initiating Director without going through a competitive process. Where the funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to be above $50,000.00, this is subject to the additional approval of Council. Staff are recommending Council approval of the fee proposal dated April 11, 2018 submitted by Proof Inc. in the amount of $150,000.00 (including HST). Financial Implications: The consulting study cost is being funded from two non property tax sources: development charges and Seaton Application Fees revenue. There will be no cost to the Pickering taxpayers. Discussion: Council supports the acquisition of employment lands in the Pickering Innovation Corridor The future Pickering airport site is situated adjacent to the Pickering Innovation Corridor. Located on both sides of Highway 407 between the Hamlet of Green River to the west and Sideline 16 to the east, the total length of the corridor spans nearly seven kilometers. The majority of the employment lands are located on the north side of Highway 407 with a smaller portion south of Highway 407. In addition, there is one large block of lands situated in the northwest quadrant of the corridor. Separated into 3 development phases, the total acreage of the corridor is approximately 800 acres, of which there is approximately 200 acres in phase 1. In 2016, the City of Pickering began the process of purchasing phase 1 employment lands directly from the Province (Infrastructure Ontario). This initiative was triggered as a result of the numerous unsolicited enquiries the City's Economic Development Office received from large multinational companies who were interested in relocating to the Pickering Innovation Corridor. Business location or relocation decisions involve millions of dollars and are based on various economic and social factors. Businesses operate in a competitive environment and business location decisions are rooted in achieving either a competitive or cost advantage. The high cost of location or relocation is offset by anticipated higher profits at the new site. Locating near an airport provides businesses with a competitive advantage from a supply chain and/or marketing perspective. Decision makers were reluctant to make any final decision on a relocation of their business without knowing the outcome of the Federal Government's decision on the Pickering airport. Staff were able to not only negotiate the purchase of 28 acres directly from the province, but also an option agreement on the balance of the phase 1 lands (approx. 172 acres). As of April 2018, the City has conditionally sold the majority of the phase 1 employment lands to 4 separate proponents. Following the October 10, 2017 Council Meeting, staff recommended the need to undertake a community engagement exercise on the economic impact & employment for the Highway 407 Corridor. It was important to communicate to the residents and businesses of Pickering and abroad the economic potential of the Corridor. To date, the City has secured four significant 226 CAO 03-18 May 7, 2018 Subject: Proposal — Community Engagement on Economic Impact & Employment Page 3 investments for the Innovation Corridor, with negotiations ongoing with other potential multinational firms. Council supports the development of an airport in Pickering, subject to the results of the Aviation Sector Study On October 10, 2017, Council supported the motion of the development of an airport in Pickering, subject to the results of the Aviation Sector Study. The Aviation Sector Study is being executed through Transport Canada. The motion was a part of the Amazon HQ2 bid which focused on attracting multinational firms like Amazon to the Pickering Innovation Corridor. Over 40 years ago, Transport Canada expropriated lands in Pickering for a secondary airport in the Greater Toronto Area (GTA). At the time, there was not an immediate need for a reliever airport in the GTA. However, since 1972, Toronto Pearson has grown to over 47 million passengers per annum, has stimulated the economic growth for the second largest employment zone in Canada, and has now come to the realization that in order to handle future air traffic demands, that an efficient airport network system within the GTA is necessary, including a future reliever airport in Pickering. Included as part of the 2018 Development Charges Study, the scope of work was set out to engage residents and businesses in order for the City and its leadership to better understand the potential economic and social impacts on the community. There is a real need to ensure that any work done is grounded in data in order to assist the stakeholders in making informed and impactful decisions. Proof Inc. is one of Canada's leading communications agencies. It has been recognized multiple times as Canada's top agency by the International Association of Business Communicators (IABC), and its campaigns have also won many awards for its broad and diverse array of clients. Proof Inc.'s parent company, Environics, is renowned as Canada's premier marketing analytics company, and it has a long standing professional relationship with the City of Pickering. Since 2015, Environics has provided the City with meaningful data insights which has positively influenced marketing efforts for City events and programs. In April 2018, the City's Communication and Economic Development staff reached out to Proof Inc. for a proposal on the Community Engagement Strategy and a game plan for the City to underpin the community engagement exercise with meaningful data. Proof Inc. will be'able to partner with its sister organizations Environics Research Group and Environics Analytics to develop a comprehensive, data -grounded, community engagement strategy that will ultimately provide the City with a 360 degree analysis of the situation, which will aid in key economic development decision making. There is no other agency in Canada that offers a comparable integrated model of communications driven by data analytics. 227 CAO 03-18 May 7, 2018 Subject: Proposal -- Community Engagement on Economic Impact & Employment Page 4 Attachments: 1 Proof Inc. Proposal for the City of Pickering Prepared By: Mark Guinto, Manager, Business Development & Public Affairs Stan Karwowski CPA, MBA Director, Finance & Treasurer FJ:SK Prepared By: F Fiat Jadoon Ec.D., CEcD, MPM Manager, Economic Development & Strategic Projects Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 251 w/& 228 proo AS< BETTER QUESTIONST' o� P1CKER1NG Submitted by: Proof Inc. 900-33 Bloor Street East Toronto, ON M4W 3H1 416-920-9000 Key Contacts: Saro Khatchadourian Skhatchadourian@getproof.com 416-969-2828 Mark Gamache Mgamache@getproof.com 416-969-2670 APRIL 11, 2018 229 INTRODUCTION All levels of government across Canada are focused on generating economic growth, fostering innovation, and addressing the country's infrastructure deficit. Based on an initial reading of the current situation, the construction of an airport in the 407 corridor is a way to address each of those issues in a way that will benefit the city and the broader region. However, before any such project can begin, there is a clear need for the City of Pickering and its leadership to better understand how such a project will affect residents, businesses and community groups in the City of Pickering. There is also a need to ensure that any decision is ultimately grounded in data that reflects the real economic and social impact of the project. THE APP I OAC 1 In order to determine the ultimate social and economic impacts of an airport in Pickering, we have recommended that three key actions be taken. First, conduct research on existing public sentiment surrounding the issue of an airport in Pickering. This will include information on the public's attitude toward an airport (e.g., quality of life concerns, environmental perceptions), the perception of an airport's impact on the regional economy, and an understanding of how people have gathered information on the potential for an airport in Pickering. Next, engage a trusted, third -party subject matter expert to provide insight on the real costs and benefits of an airport. This will provide the City with the critical information it needs to analyze and determine how an airport will affect the lives of its residents. Finally, execute a comprehensive community engagement program that will gather more detailed information from stakeholders and provide them with the information they need to develop an informed opinion. BUT WHY PROOF? It's not just because of expertise, enthusiasm and experience of successfully running dozens of comprehensive, integrated research and community engagement programs (see Appendix for detailed case study). More notably, it's because we already know how to work together. The Environics family boasts and longstanding professional relationship with the City of Pickering and its various departments. Multiple practices from within the Environics family have advised several departments within the City of Pickering, such as Culture and Recreation. This project will seek to leverage that already established working relationship to maximize efficiency and focus on delivering results. What's more, our preliminary meetings and discussions with City of Pickering Staff, including reaching out with public relations counsel surrounding recent media articles, mean having an excellent grasp of the situation on the ground and we're ready to hit the ground running. 11Page 230 Below you will find an overview of our expertise relating to the talents that will be needed to successfully execute the community engagement campaign mentioned above. STRATEGIC COMMUNICATIONS PLANNING We lead and deliver 360 -degree strategic integrated communications plans to help uncover and solve organizational challenges and drive change in behaviour and perceptions by: • Influencing the conversation • Creating performance content and high -impact multi -channel programs • Leveraging integrated capabilities across paid, earned, shared and owned media Our approach involves six stages below: Situation analysis Recognizing that an organization's communications objectives must support its business objectives, we start by asking key questions: Where are we now? Who is our audience and what do they currently think/feel/do? What is our current understanding of the competitive landscape? Our long-term relationship with (and proximity to) ERG, allows us to dig into all forms of qualitative and quantitative research where a deeper understanding of the opinions, values and habits of Ontarians is required. The cornerstone of Proof's own thought leadership program, the CanTrust Index, is driven by the data and insights collected by ERG. Similarly, our sister company Environics Analytics provides insights on geodemographic and social values, and public segmentation. If we have a person's postal code, we already know a lot about them! For example, two years ago when we were tasked with launching EQ Bank - a new completely digital way of banking - we worked with Environics Analytics to achieve a deep understanding of the new bank's target customer segments in Toronto and Vancouver and leveraged these insights to communicate with each segment in a way that made sense to them. Our ability to work successfully with both of our sister firms has been.bolstered in recent years with the development of considerable in-house research capabilities through the hiring of experts in data analytics and measurement. Objective -setting At this stage, we define our desired future state by determining "Where do we want to be?" as well as key performance indicators (KPIs) that will allow us to measure our impact and determine what we want our target audiences to think, feel and do. Understanding our main objective and KPIs focuses our efforts and allows us to measure our programs effectively. 21 Page 231 Strategic development After we have determined "Where we are" and "Where we want to be," we can begin to answer the question "How do we, get there?" Our audience -first approach considers brand and business objectives to develop a strategic framework to guide integrated planning. We examine positioning (brand, product, message), sequence (i.e., the decision-making process), communications plan, creative concept/idea, integration and the client's ability to resource and implement. Finally, we take into account such factors as public opinion, legislative process, stakeholder relations and Question Period positioning. Examples of the tools and frameworks used: persona development, audience journey mapping, marketing funnel, communication strategy framework and ecosystem planning. We also collaborate with our affiliated companies, as needed, including ERG, Environics Analytics and Proof Experiences. Finally, we can plan and execute integrated programs with our clients' other agencies and partners, playing lead or supporting roles. Tactical development Now, we are ready to develop detailed plans for implementing the strategy. The question we ask: How exactly do we get there? At this stage, we define such elements as the marketing mix, creative concept, channel mix and content plan and make sure they all connect effectively. We bring the right mix of diverse talent and skills to the task from our Technology, Corporate and Financial, Consumer, Health Sciences, Digital Services, Creative, and Government Relations practices. By defining at the outset a client's parameters and boundaries, we ensure our teams develop tactics to create positive change. During this stage, we continue to collaborate with our affiliated companies, as needed. Measurement We view measurement not as a final step tracking only performance, but as a means of reducing uncertainty in the decision-making process, intertwined with the development of strategy and execution of tactics. When establishing objectives, we identify what success looks like - thinking about the outcomes we aim to achieve for our client. At this time, we identify what indicators would demonstrate that such a change is occurring and establish a process for efficiently collecting that data. These are our key performance indicators. We consider reporting and administration an essential contributor to our service mandate and leverage our [earnings to modify and refine programs, connecting measurement to planning in a continuous loop. The depths of data can run deep; there is always more information to be found. However, not everything that can be counted counts. It is our role to ensure that the decision -makers are not lost in a sea of data, but. that they have the right information and the right analysis in front of them at the time they need it. 31Page 232 PUBLIC CONSULTATIONS Any significant change management, problem -solving and issues management exercise requires a thoughtful approach that balances the need to change with the input of diverse stakeholders - and recognizes the risks while creating the conditions for success. inform 1 consult 1 involve ( collaborate 1 engage Our stakeholder engagement framework helps gather the information needed to make informed decisions, while laying the groundwork for future changes. We use an inform 1 consult 1 involve 1 collaborate 1 engage model, and elements of our public consultation solutions may include research (using, for example, focus groups, surveys, interviews, virtual discussion or written exercises), message development and communication (including consultation facilitation) through various channels (such as media relations, social or videos), GR/public policy counsel (addressing economic and political realities) and events (for example, town hall meetings, street intercepts, advertisements, etc.). Proof blends communications experience and savvy with a keen understanding of the public policy process, from church basement meetings to Cabinet Office deliberations, with public consultation experience ranging from small neighbourhood projects to one of the largest province -wide consultations in Ontario (Ontario Speaks, a consultation on constitutional change in 1998). The starting point of our work is to establish a clear understanding of the client's goal. From there, we establish how public consultation outcomes will support or endanger that goal. In some cases, there are regulatory or legal requirements defining how consultations can occur, and the goal is to ensure they are not subject to legal proceedings. In other cases, the goal is to maximize the opportunity for important stakeholders to have input into relevant discussions and decisions. Understanding and segmenting the audiences We have employed a wide variety of tools and approaches to reach and consult the public, including websites, e-mail, social media, town hall meetings, household mailings, surveys, street intercepts, advertisements, broadcasts and media relations. Understanding the audiences being consulted is a critical element of public consultation programs. Our sister company ERG has conducted numerous market segmentation studies, offering the services of a dedicated team of data scientists who provide deep expertise in analyzing survey data and applying specialized analysis techniques, including segmentation, when appropriate. ERG has spent decades collecting demographic information on Canadians and providing analysis to help clients and audiences understand their target groups in specific and intimate ways. The firm's library of demographic, geographic and psychographic information has furnished its founder - Michael Adams - with copious information from which he has authored several top-selling books about demographic patterns in Canada and the US. Titles that are based on ERG's deep understanding of segments include: • Sex in the Snow: Canadian Social Values at the end of the Millennium • Fire and Ice: The United States, Canada and the Myth of Converging Values 41 Page 233 • Stayin' Alive: How Canadian Baby Boomers Will Work, Play and Find Meaning in the Second Half of their Adult Lives • Unlikely Utopia: The Surprising Triumph of Canadian Pluralism The approaches to understanding demographics, trends and patterns explored in these texts underpin ERG's work. As part of an ad hoc proprietary study or in robust syndicated data sets, the team gets the importance of demographics and the clues they provide to understanding the values and experiences motivating a group of people to hold a belief or change a behaviour. ERG's Social Values research is one of the industry's most powerful marketing and decision- making tools for business, government and the non-profit sector. This set of research tools identifies motivations and relationships to brands, products, services, causes, policies and political positions. Organizations around the world use this approach to understand consumers, build marketing programs, define social policy and establish human resource programs. Facilitation Within ERG, designing, facilitating and analyzing qualitative exercises - like group discussions and individual interviews - are a core competency. The team's experience, combined with industry -sanctioned guidelines for effective facilitation, has led to the creation and adherence to best practices in the field. ERG's experts leverage their extensive knowledge when engaging, recruiting and activating stakeholders in qualitative exercises to ensure the feedback collected is meaningful, relevant and actionable. Its experienced facilitators each have over 1,000 professional hours of discussion moderation, including large and small groups, one-on-one in-depth interviews, in-person and virtual discussion sessions. The team is also experienced in the design and execution of traditional and innovative discussion exercises - including written and visual - that optimize participant feedback and .1TAKE[ OLDER/COMMUN9TV ENGAGEMENT Our integrated approach Proof takes a strategic approach to reach the right influencers and stakeholders. Our team defines stakeholder relations as the practice of forging mutually beneficial connections with third -party groups and individuals who have a `stake' in a common interest, and we excel at finding the intersection of needs and goals among wide varieties of independent and inter- dependent stakeholders and partners. Developing close relationships with key stakeholders doesn't happen overnight. We have an integrated approach to developing plans that align with strategic direction. Clients who have benefitted from our expertise in engaging stakeholders include The National Capital Commission, Metrolinx, Toronto Hydro, York Region, Region of Durham, City of Toronto, Canadian Electricity Association and many others. One example of multi -stakeholder engagement we created is a campaign focused on opioid addiction that involved a 51Page 234 pharmaceutical company, patient advocacy group, regulators and physicians - many of whom we identified, recruited and managed. Within one month, the site attracted 2,000 unique, highly engaged users on average spending almost four minutes on the site, viewing four pages per session. Collaborations and partnerships We work with clients to create "win-win" collaborations and partnerships that raise profiles, advance shared aims and build credibility. This starts with understanding of what drives trust and influences action among target audiences, and then seeking organizations that can help accelerate these outcomes. The process continues with ensuring that partners and collaborations align with client values and reputations. Whether with media, bloggers, academics, celebrities, associations, experts or popular online voices, we identify, connect and build meaningful relationships with influencers who amplify clients' messages and make them relevant to target audiences to drive real results. We achieve these goals with creatively designed and executed programs. For Kipp, our team developed an oversized inflatable pit filled with 65,000 colourful balls. The target was college and university students on five campuses who were invited to dive in and search for the sliver balls - the ticket to great prizes, all bought on Kijiji. The activation was part of the larger. "Thrill of the Hunt" Kijiji campaign targeted at millennials, who, our research showed, love to uncover good deals. Social and traditional media amplification included a GIF photo booth that let students choose from four background themes - beach, basketball, Canadiana and video gamer. Ultimately a successful and engaging event! For the past three years, our team has supported the Kids See Free program offered by Loblaw Companies Limited (LCL) that provides children ages four to 10 with free frames valued up to $49 with single vision polycarbonate 'kids safe' lenses. In addition to traditional media relations, we raise awareness for the program via targeted and strategic influencer partnerships. By identifying influencers with whom the program would resonate (e.g., parents), we collaborate with them to create strong social content that educates readers about the importance of children's eye health. Community engagement Many integrated programs involve community engagement, national event tours and peer-to- peer engagement to change behaviours. For many years, our work with SAFE KIDS Canada required us to consult and engage with a wide variety of community-based safety organizations (e.g. hospitals, first responders, service clubs, etc.), a major consumer products company and their retail channel to create and disseminate awareness information specifically aimed at encouraging behaviour change - from seat belts to helmets to pool safety. The ultimate metric was a measurable drop in preventable injuries and deaths. Similar approaches are applied in our work with Electrical Safety Authority (ESA), where we focus on educating Ontarians about electrical safety, both at home and in the workplace. For ESA, we created tailored programs from Home Show speaker panels reaching consumers undertaking home renovation projects to informative port -a -potty signage directed at dump truck drivers working around powerlines on construction sites. Understanding the diversity of 61Pag 235 ESA's stakeholders and tailoring our messages to their needs and interests has allowed us to change behaviour in a significant and measureable way. Issues/Reputation Management Proof has deep experience in managing complex issues. We specialize in preparing spokespeople to answer tough questions and communicate effectively. We mobilize allies and stakeholders to ensure outside opinions are brought forward at the right time.and place, and our proprietary online monitoring tools keep our finger on the pulse of digital platforms. We have supported clients through all manner of crises, including labour disruptions, product recalls, data breaches, natural disasters, executive departures, workplace crime and terrorism, among others. ROOF'S MENTS. a As a relative of Environics Research, it's not surprising that we're eager to measure our success and achievements. Here are some of the accomplishments we think would be relevant to the City of Pickering. Client and Employee Retention Out of all of our accomplishments, we are proudest of our unmatched client and employee retention. In an industry known for high rates of employee churn, Proof has bucked the trend and we regularly celebrate five-, 10-, 15- and most recently, 20 -year employee anniversaries! In turn, this has created the type of account -team stability that clients love! Our teams become deeply entrenched and engaged in their clients' businesses and issues, and bring vast knowledge and institutional memory that often outlasts our day to day contacts. As a result, Proof is proud that the majority of our clients have been with us for five years or more, and clients like Smith School of Business at Queen's, Investors Group and The Globe and Mail have been with us for 15-20 years! We view ourselves not as suppliers, but as extensions of our clients' marketing and communications departments. Corporate Social Responsibility Corporate Social Responsibility (CSR) and Sustainability have been at the core of our business operations sinte the company's inception in 1994. Our first Corporate Social Responsibility Report (http://bit.ly/1O0jalx) on our recent activities and commitments, both locally and globally, shares the pillars of our plan and the results of our actions. It's been a team effort, involving the enthusiastic participation and leadership of many people on our team who have embraced this spirit of responsibility. The concept of the triple bottom line (the success of our company, our team members and our community) has always guided our thinking and the records show our company has done well by doing right. Despite economic and business pressures, our commitment to upholding our values and investing in our staff and community will always remain a priority. 71Page 236 Awards, Honours Et Achievements We love the look of the plaques and trophies that line our walls, but get an even bigger thrill about what they stand for: creativity, impact, results, community service, environmental responsibility, workplace excellence. Some examples: • More than 230 peer -adjudicated awards for marketing and communications. Bestowing organizations include International Association of Business Communicators, Canadian Public Relations Society, Canadian Marketing Association and International Academy of Digital Arts and Sciences ("Webby Awards"); • The Bobbie Resnick Philanthropy Award from CPRS; • Three Guinness World Records for inspired feats and stunts on behalf of clients; • Numerous awards for Best Workplace from the Great Places to Work Institute, including #1 in 2010, and most recently as the program has grown, #13 for 2016. We have also been lauded multiple times by GPWI as atop employer for women, including a #6 ranking in 2016. • Carbon neutrality since 2008, certified by Pembina Institute. WORKING TOGETHER As with any relationship, it is important that there is mutual trust and a collaborative approach between Proof and the City of Pickering in order to achieve success. Fortunately, there is already a strong foundation of trust between the Environics family and the City of Pickering stemming from a longstanding professional relationship. However, it's worth still noting that we find that our most successful client engagements are ones where the client and agency are a seamless team. As a reminder, we aim to create that environment by doing the following: • Investing time to reallyunderstand each client's business. That means independent desk research and reading, field visits, meeting a broad cross-section of client personnel, and training. • Remembering that we are in the service business. That means returning calls quickly, coming to meetings prepared, always thinking ahead and taking the time to understand how each client likes to work together. • Obsessing over results. In the City of Pickering's case, this would mean adopting the ultimate goal of highlighting the economic benefits of infrastructure development in the Highway 407 corridor. • Constantly challenging ourselves to do better. This means taking time away from the client "task of the day" to pause, step back and dream together about how we can achieve more. In our opinion, a dream client is one who: • Invests in a smooth onboarding process, including providing a broad picture of the organization; • Provides timely and accurate information; 81 Page 237 • Provides feedback - both positive and on opportunities where programs can be improved; and • Works together with the agency to develop program goals. At the heart of the client -agency relationship is the ability to work together in a respectful and ethical manner. To do this, Proof works with clients from the outset to create and identify controls and processes that are meaningful for them;. such as: • Weekly status reports and work -back schedules; • Scheduled check-in calls (often weekly or bi-weekly); • Budget updates; • Quarterly review meetings; • Key Performance Indicators; • Ongoing reporting; and • Sharefiles and online tools to allow client review and approvals. 91Page 238 APPENDIX: TWELGNE Eit COST Research Surnrner 2018 $80,000 • Polling Pickering Residents • Analysis • Insights • Results Community Engagement Fall 2018 to Winter 2019 • Message Development • Stakeholder Engagement • Media Relations Government Relations • Coordination and engagement with select elected officials Grand Total $60,000 Fall 2018 to Winter 2019 $10,000 $150,000 *incl. HST 101Page 239 APPENDIX: CASE ST DY Ontario Tire Stewardship Showcases: Strategic advice and counsel, reputation management, stakeholder relations Et consultation, media relations, event planning/management, experiential marketing, digital communications Et social media, advertising, writing Et production services. I. Issue/Challenge Ontario Tire Stewardship (OTS), established in accordance with the Waste Diversion Act of 2002 and set-up by Waste Diversion Ontario (WDO), has been a Proof client since 2009. Our initial mandate with OTS was to generate awareness and acceptance from the community at large and affected stakeholders for the Used Tires Program - a province -wide initiative to collect and recycle the more than 12 million used on -road and off-road tires that come from vehicles annually. The primary goal was to provide Ontarians with a clear understanding of the initiative and the impact it would have on them, and the province, immediately and in the foreseeable future. In 2011-2012, the additional goal of increasing consumer awareness of the importance of tire maintenance was added to our mandate because this prolongs the life of tires and therefore reduces the number of scrap tires every year. Objectives: Supporting Launch • Develop and distribute educational program materials for registered tire collectors and point-of-sale (POS) materials for consumers. Targets: 800+ POS packages distributed to newly registered program collectors; 80,000+ POS consumer brochures distributed to Ontario residents at retail locations. • Reach communities across Ontario through targeted media relations and newspaper advertisements to educate consumers. Target: Reach more than 75 communities. • Ensure media coverage aligned with campaign messaging and demonstrated the benefits of the program's responsible system for managing used tires. Target: 75% of coverage includes OTS program key messaging. Objectives: Subsequent Years • Build a social media platform to ensure consistent online and offline conversation from the industry. Target: 75 quality followers within three months. • Create a new, consumer facing brand and a direct vehicle to interact with audiences to educate them on OTS's mandate. Target: Experiential team to reach 50 locations and 10,000 drivers. • Educate stakeholders on the life cycle of a tire, demonstrating new tire -derived products that are now available since the introduction of the program. Target: 25% of media coverage includes the name of a tire -derived product manufacturer; five case studies to demonstrate impact. 111Page 240 Challenges: • Perception that this was a new tax: The Tire Stewardship Fee had the potential to appear to be a new "tax on tires" because the program requires manufacturers and first importers of tires to pay $5.84 per passenger tire to OTS to manage the program — a cost that in most cases is passed on to consumers. We managed this by highlighting that this is an industry -funded program; that consumers would no longer be charged a tire disposal fee when getting rid of old tires; and that they can return as many as four tires per person to collectors across the province, with no obligation to buy new tires. • Significant benefits not tangible: Some key benefits from this initiative (e.g., the environment and innovation) will take time and are not immediately tangible to stakeholders. By highlighting the removal of the tire disposal fee traditionally charged to consumers and the guarantee that old tires would be responsibly re -used immediately, we mitigated this challenge by showcasing immediate, tangible benefits. Later we were able to showcase tire -derived products in real life settings. • Impact of other Stewardship Programs: Stewardship programs in Ontario have been under increased scrutiny by stakeholders. To help manage this, we have created an open and transparent model of communications, posting detailed information on the OTS website, proactively sending information to media and creating an ongoing dialogue with the other Stewardship programs and stakeholder groups. 11. Strategic Approach • Research: At the outset, we immersed ourselves in the history of tire recycling fees in Ontario, and the roll-out of similar programs across Canada. We learned that the biggest objection among consumers was the notion of a new "tax" and that there would be intense scrutiny on how this "tax" would be used. We spoke to many stakeholders (e.g. program administrators, retailers, haulers, collectors) to understand potential allies as well as critics and the "hot -buttons" of each group, and enlisted a technical tire expert to review materials and provide guidance on key issues. We commissioned polling to identify if messages were likely to be understood and resonate. This research continues today. • Analysis: From our research,. we knew that we required custom materials and messaging for each of the target groups while maintaining clear overarching themes as a rationale for the program. It was crucial to convey not only the long-term benefits of the program to Ontario, but also the immediate benefits to Ontarians. • Communication: We designed a fully -integrated and multi -tiered, multi -channel communications program aimed at educating key stakeholders acrossvarious platforms. Stakeholder communication continues today. • Evaluation: We were regularly required to report on progresstowards measurable objectives, and adapted and revised programs on an ongoing basis to maximize return on investment. This process continues today. Strategies: Our overarching strategy was as follows: 121 Page 241 • Raise awareness of the problem: 12 million scrap tires are accumulated in Ontario every year. They are typically exported to the U.S. for burning in cement kilns or stockpiled in unsightly, dangerous dumps with little oversight and the risk of fires similar to that which occurred in Hagersville, Ontario in 1990. • Introduce the solution: a regulated, transparent program that ensures tires are recycled here in Ontario, creating a market for new tire -derived products that will create jobs, boost the economy and help the environment. A key part of the solution was demonstrating that all fees collected would be directly used to fund program delivery and research and development into tire -derived products -- not paid to the government. We also highlighted the fact that even if retailers passed along stewardship fees to consumers at point of purchase, the removal of fees traditionally charged for used tire disposal would result in little to no net increase in out-of-pocket expenses to the consumer. • Engage likeminded groups to help tell our story: As the program grew from simply tire collection to showcasing the lifecycle of tire recycling, we knew it would be important to have advocates who could help share our story. A number of multi-year programs were developed to support this. III. Solution To engage our target audiences we created the following solutions (most of which continue today): • Key Message Development: Key messages were the foundation of all communications tools and were reviewed regularly to ensure alignment with program objectives. Messages were particularly important due to the need to simplify and make memorable what is a complex program. • Point of Sale Materials: POS materials were developed and distributed to registered program collectors, haulers and processors to provide program education to them and their audiences. • Media Relations: We conducted targeted, themed, media relations to a comprehensive media target map, including even the most remote areas of Ontario touched by the program. • Community Engagement: We created and mobilized a summer team (RethinkTires Roadtrip) -- brand ambassadors that travelled across Ontario educating drivers on maintaining their tires and demonstrating products made from recycled tires. • Digital Communications: We created and provided content to the @rethinktires Twitter handle, Facebook community, blog and YouTube channel. • Community Collection Activities: Working with likeminded organizations such as Ontario Automotive Recyclers and CAA, we promoted special collection events to raise awareness of OTS and the importance of tire maintenance and recycling in towns across Ontario. • Community engagement: From design challenges with students to a community renewal fund to help support communities wishing to use recycled tire products, our team helps to manage and support these programs from end to end. 131 Page 242 • Advertising: We provided strategic advice on the creation and placement of advertising to supplement other communications tactics and inform broad audiences. • Case Studies: The team worked with R&D grant recipients and community grant recipients to create case studies that brought the impact of OTS to life. • Trade Stakeholder Program: We brokered relationships with key groups and regularly participated in tradeshows to promote tire maintenance and recycled tire products. IV. Results The results of this campaign have exceeded all measurable objectives: • More than 1,000 packages were distributed to newly registered program collectors; 100,000 consumer brochures were distributed • More than 130 communities were reached. Media impressions have grown from nine million in the first year to more than 20 million in 2014. A 2014 survey showed that 50 per cent of Ontarians know that there is a tire recycling program • OTS program messages were included in 84 per cent of media coverage • There were 80 Twitter followers at .the end of trial period and the program has continued with more than 300 quality followers within a year. Engagement levels continue to rise with an engagement rate of more than 23 per cent with our followers • The summer team visited more than 60 locations in 2015 and had one-on-one interactions with thousands of Ontario drivers • Since the promotion of recycled tire products manufacturers began, at least 40 per cent of media coverage includes mention of at least one manufacturer, and 10 case studies have been developed • Since the program's launch, more than 80 million tires have been recycled in Ontario. Ontario Tire Stewardship has a 98 per cent tire diversion rate 141Page 243 APPENDIX:. 3IOGRAPF11ES OF i ROPOSED TEAM ACCOUNT LEADS Saro Khatchadourian Senior Consultant, Government Relations Saro Khatchadourian is a senior communications and public affairs professional having who possesses significant experience in senior roles within several federal and provincial political offices, both in government and in Opposition. Prior to joining the Government Relations team at Environics, Saro was the Senior Communications Officer in the Office of the Leader of Her Majesty's Official Opposition, where he was responsible for media relations and issues management as well as serving as a spokesperson for Opposition caucus members. Prior to that role, Saro held a number of senior communication and advisory roles to cabinet ministers in Harper Government, including in the areas of economic development (particularly in Ontario), immigration, and foreign affairs. In his role as Director of Communications to the Minister of State for Foreign Affairs and Consular, Saro provided crisis communications support for international phenomena such as the Ebola crisis, Gaza conflict, and numerous natural disasters. Before earning a Masters degree in Political Management from Carleton University, Saro graduated with an Honours Bachelor of Arts in Political Science from the University of Toronto, where he also spent time conducting research at the National University of Singapore. Mark Gamache Senior Consultant, Public Relations Mark Gamache has a background in developing and executing comprehensive stakeholder consultation programs for the Alberta Electric System Operator based in Calgary, and has an enduring passion for delivering exceptional strategic communications programs founded in research and executed with creativity. After moving to Toronto, he worked in both the Corporate and Consumer practice groups at the Toronto office of a large national firm. There, his clients included Ford Motor Company of Canada, Enbridge, Shred -it, Burns Et Wilcox and Elections Ontario. Since joining Environics as a Senior Consultant in the Toronto office, Mark has served clients such as Smith School of Business at Queen's, Electrical Safety Authority, and theOntario Association of Architects among others. Mark holds a Bachelor of Arts (English) from Mount Allison University in Sackville, N.B. and a Bachelor of Public Relations from Mount Saint Vincent University in Halifax, N.S. In his spare time he volunteers for the CIBC Run for the Cure planning committee where he is responsible for site logistics. 151 Page 244 SUPPORT TEAM Nader Shureih Consultant, Public Sector Et Education Environics Analytics With over 15 years of experience as a marketer, market research professional and academic, Nader Shureih serves as a Consultant in EA's packaged goods, automotive, public sector and not-for-profit practice. In his current role, Nader works with clients across the public sector, helping local, provincial and federal departments and agencies better understand, serve and communicate with their constituents. Prior to joining EA, he taught market research at the post -secondary level, managed market research for Service Canada and held management positions with companies in the creative services and packaged goods sectors. Nader's academic background includes earning a Bachelor of Arts degree in mass communications from Carleton University. Curtis Brown Senior Research Associate Environics Research Group Curtis has more than a decade of experience in the market research industry and has conducted dozens of studies during this time. His responsibilities include project management, budgeting, questionnaire design, survey and sampling design, report preparations and client presentations. Curtis has a great deal of experience leading insightful qualitative and quantitative research projects on behalf of a wide range of public, private and not-for-profit sector clients, including many studies conducted on behalf of municipal governments. This includes many custom studies conducted on behalf of municipal governments in Alberta, Ontario and Manitoba, as well as Environics' bi-annual Focus GTA study. A former journalist who wrote extensively about civic politics, Curtis applies his knowledge of civic affairs and processes to research assignments conducted on behalf of municipal governments. Curtis is.a graduate of the University of Regina School of Journalism and also holds a Master of Arts in Political Studies from the University of Manitoba. Melody Gaukel Senior Vice President Communicating messages in clear, compelling ways that resonate with wide stakeholder bases is part of what makes Melody quickly become a part of any client team. Melody's varied experience covers many facets - account and team management, strategic planning, media relations, stakeholder campaigns and crisis Et issues management. Her career spans both the B2B and B2C spaces, which allows her to apply many best practices to enable client success. 16 (P a g e 245 Melody specializes in working with clients with broad stakeholder audiences to develop integrated programs marrying different disciplines in marketing and communications to deliver exceptional results. Often her clients are in highly regulated environments, which require a deep understanding of governments and policy implications. Melody currently manages Canadian Welding Bureau, Ontario Tire Stewardship, FRHI (Fairmont Hotels Ft Resorts), and Call2Recycle, among others. Her experience working with clients through issues situations includes preparing and managing regulatory or legal decisions, employee accidents, product recalls and technology security breaches. Prior to joining Environics, Melody had led such accounts as IBM Canada, ConAgra Foods Canada, Georgia Pacific Canada, Direct Energy and City of Toronto's Better Building Partnership, supporting such activities as new consumer product launches, consumer and stakeholder engagement programs, media relations and thought leadership campaigns. Melody's career also includes work with the Hydrogenics Corporation, Microsoft Canada, Canadian Hydrogen and Fuel Cell Association. Greg MacEachern Senior Vice President, Government £t Public Affairs Greg MacEachern is Senior Vice President of Government Relations at Environics Communications, working with clients with complex stakeholder challenges such as the Canadian Welding Bureau, The Canadian Association of Fire Chiefs, `Namgis First Nation, Ontario Tire Stewardship, Canadian Blood Services, Society of Composers, Authors Ft Music Publishers of Canada (SOCAN) and Canadian Water Network, among others. Previously Greg held a number of positions in the public sector including: executive assistant to the Honourable Belinda Stronach, MP; director of communications for the Office of the President of the Treasury Board; director of parliamentary affairs for the Office of the Minister of Fisheries and Oceans; and intergovernmental affairs coordinator for the Office of the Mayor in Halifax Regional Municipality. He also has national experience working in media relations and logistics for federal election campaigns, and has worked with national, regional, and business media in Canada, as well as the Parliamentary Press Gallery in Ottawa. 171 Page 246