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HomeMy WebLinkAbout2024-02-05Clar*wn General Government Committee Post-MeetingAgenda Date: February 5, 2024 Time: 9:30 a.m. Location: Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Turcotte, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iurcotte@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public on the Municipality's website, www.clarington.net/calendar Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12.00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. General Government Committee February 5, 2024 Pages 1. Call to Order 2. Land Acknowledgement Statement 3. Declaration of Interest 4. Announcements 5. Presentations/Delegations (10 Minute Time Limit) 5.1 Presentation by Ian McVey, Manager of Sustainability, Regional 4 Municipality of Durham, Regarding Support for the Courtice Transit - Oriented Community District Energy System 6. Consent Agenda 6.1 LGS-003-24 - Intimate Partner Violence — Follow Up on Direction 37 6.2 CAO-001-24 - Define and Determine the Duties and Responsibilities of 45 the CAO 6.3 FSD-004-24 - Orono Arena Community Centre Indoor Rink 63 Refurbishment 6.4 FSD-005-24 - 2023 Annual Leasing Report and Policy Update 67 6.5 FSD-007-24 - 2023 Annual Commodity Hedging Report and Commodity 79 Hedging Policy Update 6.6 PUB-001-24 - South Bowmanville Recreation Centre —Architectural 91 Services *6.7 FSD-008-24 - Delegation of Authority to Single Source Equipment for 94 Outdoor Rinks 7. Items for Separate Discussion 8. Unfinished Business Page 2 General Government Committee February 5, 2024 9. New Business *9.1 Request the Province Review and Modernize the Municipal Freedom of 97 Information and Protection of Privacy Act (Mayor Foster) (Link to AMCTO Advocacy Update: MFIPPA Modernization) 10. Confidential Items 10.1 LGS-002-24 - 2023 CUPE Market Review (The matter deals with personal information about an identifiable individual including municipal employees and labour relations and employee negotiations) *10.2 Update from Rick Hutchinson, Chief Information Officer, Regarding IT Security Risks (The matter deals with the security of the property of the municipality or local board) 11. Adjournment Page 3 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3802. The Regional Municipality of Durham Report To: Committee of the Whole From: Chief Administrative Officer Report: #2024-COW-1 Date: January 17, 2024 Subject: Courtice Transit -Oriented Community District Energy System Preliminary Business Case Update Recommendation: That the Committee of the Whole recommends to Regional Council: A) That Regional Council endorse in principle the concept of a district energy system (DES) in the Courtice Transit -Oriented Community (CTOC) that leverages waste heat from Regional infrastructure in the adjacent Clarington Energy Park, as outlined in this report and attachment. B) That Regional Council direct staff to work with staff from the Municipality of Clarington to incorporate the DES concept into the CTOC Secondary Plan to support the future implementation of a DES focused on serving new development in the CTOC Major Transit Station Area (MTSA). C) That Regional Council direct staff to evaluate potential grant and low -interest financing options that might be available to support the proposed CTOC DES project concept. D) That Regional Council direct staff to evaluate ownership and governance models for the CTOC DES in collaboration with the Municipality of Clarington, landowners in the area, as well as potential energy utility partners, and report back to Council in mid-2024 with a recommendation as well as an updated and refined preliminary business case, identifying Regional financial, business planning and budget implications, opportunity costs and assessment of risk and potential mitigation strategies based on refined project timing and implementation strategies. Page 4 Report #2024-COW-1 Report: Purpose Paae 2 of 9 1.1 This report seeks Council endorsement in principle of the CTOC DES concept and the recommended next steps which intend to further evaluate ownership models, update the preliminary business case, financing options and energy sources related to a proposed DES in Courtice. 2. Background 2.1 Regional staff have been actively pursuing opportunities to achieve Regional Council's vision for a low carbon future as reflected in the Durham Region Strategic Plan, the Council -endorsed Durham Community Energy Plan (DCEP) and the Region's climate emergency declaration. The building sector in Durham Region is a key area for action, accounting for approximately 30 per cent of community wide GHG emissions, largely generated from energy consumption for space and domestic hot water heating and cooling. 2.2 The DCEP identified district energy as a strategic priority for building sector decarbonization with the potential to contribute more than 15 per cent of total GHG emissions reductions by 2050, making it one of the top decarbonization strategies for Durham Region. District energy feasibility is highly correlated with density of land use (i.e., greater density of population and jobs tends to improve the technical and financial viability). As such, there is an opportunity to implement district energy in the context of the Region's designated Protected Major Transit Station Areas (PMTSAs) and Strategic Growth Areas to help achieve Durham Region's climate objectives. A brief introduction to district energy, its advantages including improved overall energy security, provision of affordable low carbon heat, and reduction of community GHG emissions, as well as associated challenges can be found in report #2022-INFO-55. 2.3 Durham's Regional Official Plan (Envision Durham), as adopted by Regional Council on May 17, 2023, underscores the importance of supporting the development of low carbon energy systems. The plan encourages the development of district energy to provide low carbon energy to higher -density Community Areas, with a focus on connectivity to existing or planned networks. 2.4 Through adoption of recommendations in report #2022-P-11 associated with Envision Durham's Growth Management Study Regional Council provided direction that: "...future Regional Official Plan policies for the required settlement area boundary expansion area address sustainability practices to reduce greenhouse gas emissions, energy and water consumption, and waste generation through measures including... the use of low -carbon and Page 5 Report #2024-COW-1 Paae 3 of 9 smart energy systems and technologies at the district scale or building - scale in these new areas". 2.5 Durham Region's Economic Development and Tourism Strategy and Action Plan identifies "future energy" as a key priority economic cluster, and points specifically to the Clarington Energy Park as an area where the Region will collaborate with key partners to attract energy investment. 2.6 Through the negotiations associated with the development of the Durham York Energy Centre (DYEC), Durham Region and the Municipality of Clarington signed a Host Community Agreement in 2010 which included agreement by Clarington to "strongly encourage and promote development within the Clarington Energy Business Park and other areas of Clarington to utilize district heating and cooling provided by the energy from waste (EFW) Facility". 2.7 A 2022 pre -feasibility study co -led with Clarington and the Region developed a preliminary assessment of the feasibility of a first phase of a DES focused on the Clarington Energy Park and Courtice Employment Lands and Major Transit Station Area (MTSA) surrounding the planned new Courtice GO Station. The pre -feasibility study found that conditions in South Courtice were potentially favourable for the implementation of a DES. Sources of low carbon heat are in proximity to planned higher density transit -oriented mixed -use development within the Courtice MTSA, including the DYEC and the Courtice Water Pollution Control Plant (WPCP). 3. Courtice Transit Oriented Community District Energy Preliminary Business Case 3.1 Following the 2022 pre -feasibility study exploring DES potential across the southern Courtice, Regional staff collaborated with the Municipality of Clarington and a consulting team consisting of Reshape Strategies and Kerr Wood Leidal (together, the Project Team) to develop a more detailed business case focused on serving the Courtice Major Transit Station Area (MTSA) with waste heat from Regional infrastructure in the Energy Park immediately to the south of Highway 401. This area was chosen because of the planned higher densities of population and employment surrounding the future Courtice GO Station at the intersection of Courtice and Baseline Roads. The full preliminary business case analysis is available as Attachment #1 to this report, and key findings are summarized in this report. 3.2 Key activities used to develop the preliminary business case included: a. Cross -Departmental and Inter -Municipal Engagement: the preliminary business case analysis was undertaken in collaboration with internal staff across departments (Finance, Works, Planning, and CAO's Office), as well as staff from the Municipality of Clarington to gather input, highlight key considerations, and identify challenges and opportunities associated with Page 6 Report #2024-COW-1 Paae 4 of 9 different DES scenarios, including using waste heat from the DYEC facility and the Courtice WPCP, as well as exploring potential cooling applications. b. Develop Phase 1 concept for a DES focused in the Courtice MTSA. The project team developed an updated DES concept which incorporates load forecast analysis based on population and job inputs from the secondary planning process, preliminary indicative capital cost estimates (i.e., Class D estimate, including allowances and contingencies), and a site map which defines the DES service area, projected gross floor areas served, and the proposed distribution network plan. C. Courtice DES Preliminary Business Case Analysis of Scenarios: the preliminary business case analysis involved an assessment of costs, the potential GHG emission reductions, and additional benefits associated with four DES technical concepts: 1) DYEC heating and cooling; 2) Courtice WPCP heating and cooling; 3) Courtice WPCP heating only (cooling supplied through in -building systems); 4) DYEC heating only (cooling suppled through in -building systems). 3.3 These concepts were evaluated against a reference case whereby buildings in the Courtice MTSA achieve low carbon outcomes through fully electrified on -site heating systems, as well as a business -as -usual (BAU) case whereby each building has on -site natural gas boiler heating with conventional chillers and cooling towers. All scenarios assume evolution in the requirements for building energy and emissions performance over the 30-year forecast period, whether driven by a local municipal green development standard (such as is currently in place in Pickering, Ajax, and Whitby) or through changes to the Ontario Building Code. 3.4 While the BAU case was found to result in the lowest cost of energy to the end - user, it results in GHG emissions that are approximately 75 per cent higher than the DES concepts and the electrification reference case which is inconsistent with Council direction as outlined in Section 2 of this report. The technical and financial analysis of the four DES technical concepts listed above in Section 3.2c identified a heating -only system that leverages DYEC heat as the preferred concept and the basis for subsequent base case analysis because it: a. Is the lowest cost pathway to achieving the Region's low carbon development objectives when compared to other low carbon DES concepts as well as a reference case where all buildings in the area have 100 per cent electrified heating. The overall capital costs for the DES are estimated at $62 million in 2023 dollars ($116 million cumulative nominal costs over 30-year project Iifecycle). The cost estimates, allocation of project costs and respective responsibilities of involved parties will be determined in the next phase of the preliminary business case. These expenses are assumed to be incurred over the 30-year build out period, with potential subsidies from Page 7 Report #2024-COW-1 Paae 5 of 9 grant funding and low-cost debt financing programs specifically designed to support DES possibly being available to enhance the viability of the project concept. b. Results in the lowest cost per tonne of GHG emissions reductions ($/tCO2e) when compared to the electrification scenario as well as the three other DES concept scenarios. C. Offers potential for greater energy cost stability to energy consumers in the CTOC compared to building -scale energy systems, namely due to reduced exposure to escalating electricity and/or natural gas rates and carbon pricing over the 30-year forecast period. 3.5 The foregoing analysis indicates the potential for the CTOC DES to support alignment of GHG emissions reduction objectives with energy security objectives within the Courtice MTSA. This is a unique opportunity for the Region and Clarington to work with utilities and landowners to demonstrate leadership in the low carbon transition in the context of a major transit -oriented development initiative surrounding the future Courtice GO Station. 3.6 The project team conducted a sensitivity analysis on the CTOC DES preliminary business case to a range of key input parameters to understand the relative impact of these variables on the DES preliminary business case. Key findings of the sensitivity analysis include: a. Higher than projected capital costs represent the most significant risk to the preliminary DES business case. Capital costs in the preliminary business case are preliminary estimates (including contingencies and allowances), which is appropriate at a conceptual design stage. The project team has included a 40 per cent contingency in the cost estimates to account for uncertainty at this conceptual stage, and cost estimates will be refined in 2024 as more clarity emerges on the development phasing plans of landowners, the road network in the MTSA, and the associated costs of the DES distribution piping system. b. Uncertainty in future load is another key risk factor identified in the sensitivity analysis, which is influenced by factors such as the phasing of new construction and the density of population and jobs that is ultimately realized in the MTSA. The project team has made conservative estimates, including use of the minimum target for population and jobs identified for the MTSA in the draft CTOC Secondary Plan. Note that the load forecast is based on a higher level of building energy efficiency than what is presently mandated by the Ontario Building Code. Should the higher target density scenario outlined in the draft CTOC Secondary Plan be achieved, the DES preliminary business case would be enhanced by an additional $25 million (net present value) over the forecast period under the base scenario. Consultations with the Municipality of Clarington and the landowner group in 2024 will help to refine these input parameters for the next phase of the business case. AM : Report #2024-COW-1 Paae 6 of 9 C. Availability of grant funding and low-cost financing could materially enhance the options to finance a proposed Courtice DES project concept. There are a number of funding programs available to support DES development, including the FCM Green Municipal Fund, Environment and Climate Change Canada's Low Carbon Economy Challenge Fund, as well as Canada Infrastructure Bank's Clean Power funding stream. 4. Next Steps to Refine Courtice DES Preliminary Business Case & Implementation Strategy 4.1 In further developing the CTOC DES preliminary business case and implementation strategy, evaluation and determination of a preferred ownership and governance model will be a key area of focus. There are several different ownership models for DES, which can range from wholly municipally owned, public -private partnerships, and wholly privately owned options. There are tradeoffs between each model and the ownership type selected is often dependent on the specific context of municipalities and factors such as regulatory authority, risk tolerance, desired degree of control, and external market conditions. A high-level summary of governance model options is provided below: a. Publicly -owned: in this case municipalities retain full ownership and control of the DES, either wholly or in collaboration with other local governments. This ownership model would make it easier to establish connection requirements and/or provide connection incentives to reduce load risk. Municipally -owned systems have more control over the carbon intensity of the DES over time. Municipalities may also have access to lower cost of capital and grants from senior levels of government, as well as a longer time horizon for return on investment than private utilities. Examples of publicly owned DE systems include Vancouver's False Creek Neighbourhood Energy Utility and Markham's DES. b. Public -Private partnership: municipal ownership does not necessarily mean that all DES assets are financed, owned, and operated by the municipality. In some cases, municipal ownership can be viewed as a transitional strategy to initiate a new DES, which can then be divested to the private sector once adequately established. In some cases, the municipality will enter a partnership with a private sector entity to establish a new system which offers the benefit of risk sharing the initial investment. These can also include private or public utilities as a joint venture. An example of this model is the City of Ottawa's Zibi community utility DES, which is co -owned in partnership between Ottawa Hydro and the developer, Dream. C. Privately -owned: in this scenario, the DES is wholly owned by the private sector. While privately owned systems present an alternative to municipal ownership, their feasibility depends on load certainty, energy, and GHG performance requirements in municipal green development standard programs. An example of this type of model is the DES that serves the master planned development, River District (Vancouver, BC). The resulting Page 9 Report #2024-COW-1 Paae 7 of 9 DE Utility, River District Energy (RDE) is a private utility, owned by the master developer, Wesgroup. 4.2 As part of the recommendations associated with this report, Regional staff are seeking direction to further evaluate DES ownership and governance models and report back to Council on findings and proposed next steps. This evaluation will also consider impacts on the updated preliminary business case which will be presented concurrently with recommendations on DES ownership and governance models. Pending Council approval, this comprehensive assessment of options will be a key component in the next phase of the proposed project concept where stakeholder engagement will be carried out concurrently to gather feedback. 4.3 Integral to the effort to develop an updated business case for the DES will be further evaluation of the economic and environmental rationale for connecting the Courtice WPCP. The business case presented in this report assumes that biogas that is currently produced and consumed on -site at the Courtice WPCP will in the future be upgraded to renewable natural gas (RNG) and exported from the site to support GHG emissions reductions elsewhere. Dialogue with Enbridge, and other utilities seeking RNG opportunities, will be critical to this evaluation. 4.4 The project team envisions the following tentative project development timeline to phase DES delivery to mitigate investment risk: a. 2024-2026: inclusion of DE in the Courtice MTSA secondary plan, evaluation and selection of a preferred ownership model, and negotiation of agreements for Phase 1 project delivery. b. 2027-2033: Phase 1 of the DES will be served by a temporary natural gas boiler plant (or plant integrated with a municipal facility). Once sufficient load is connected to the DES, the connection to DYEC would be completed, decarbonizing the heat supply to all buildings connected to the DES. This phase would involve the design and construction of DYEC heat recovery system and transmission piping, as well as negotiation of Phase 2 agreements with landowners. This phase would also involve negotiation/ renegotiation of agreements associated with the DYEC to enable heat recovery from the facility (i.e., with co-owner York Region, as well as the facility operator). C. 2034-2050: at least 90% of annual heating in buildings connected to the CTOC DES is supplied by heat from DYEC. d. 2050+: depending on growth outside the MTSA, the DES may be expanded to serve additional areas and additional low -carbon heat supplies may be connected as required. 4.5 Regional staff are seeking direction to explore potential funding and low interest debt financing avenues, such as the Federation of Canadian Municipalities' (FCM) Green Municipal Fund (GMF) program and the Canada Infrastructure Page 10 Report #2024-COW-1 Paae 8 of 9 Bank (CIB). In the last two years, CIB has provided over $1 billion dollars in debt financing to three DES utilities. It is anticipated that available grant funding and low interest debt financing could cover a portion of the project's capital costs, potentially strengthening the financial viability of the proposed Courtice DES project concept, as currently contemplated. 4.6 Although the Courtice DES project focuses on the feasibility of utilizing waste heat from the Region's solid and liquid waste management facilities, there may be additional energy sources and thermal waste heat that can be considered for long-term expansion, as well as parallel initiatives that complement the project. These are outlined below: a. The Region's pursuit of Project Woodward, being the creation of a clean energy business and industrial park, in the Clarington Energy Park offers potential alignment and thermal load support for the Courtice DES. b. The recent provincial announcement to build small modular reactors S( MRs) also may present an opportunity to leverage nuclear waste heat in terms of future district energy system expansions/ nodes. C. There may also be opportunity to leverage industrial waste heat sources located in proximity to the Courtice area, such as St. Mary's Cement plant. 5. Key Recommendations and Next Steps 5.1 Based on the Courtice DES preliminary business case findings, the following recommendations are outlined to support the next steps identified in section 4: a. Regional Council endorsement in principle of the Courtice DES project and the recommendations of this report. b. Undertake an evaluation of a preferred service delivery model for the Courtice DES, exploring costs, risk mitigation and other potential Regional implications for options ranging from municipal ownership, hybrid (public - private), to fully private ownership and recommend a preferred model for service delivery. C. Collaborate with Clarington to integrate the DES concept into the CTOC Secondary Plan, including definition of a DES service area focused on the MTSA. d. Engage with the CTOC landowner group and local energy utilities to seek support for the successful implementation of the DES and foster collaboration and alignment with project goals, and where applicable, gather preliminary capital and operational cost estimates and related implementation timelines and information for utility site servicing connections and related approvals. e. Engage with funding / financing agencies to pursue potential financing sources such as FCM/GMF and CIB, as well as explore additional financial tools and options to help capitalize the DES project. Page 11 Report #2024-COW-1 Page 9 of 9 5.2 Staff in the CAO's Office, Finance, Works, and the Planning and Economic Development departments have reviewed the content of this report and will collaborate in implementing the recommendations of the report. 5.3 For additional information, contact: Ian McVey, Manager of Sustainability, at 905-668-7711, extension 3803. 6. Relationship to Strategic Plan: This report aligns with the following strategic goals and priorities in the Durham Region Strategic Plan: a. Goal #1 — Environmental Sustainability • Goal 1.1 - Accelerate the adoption of green technologies and clean energy solutions through strategic partnerships and investment; and • Goal 1.4 - Demonstrate leadership in sustainability and addressing climate change. b. Goal #3 — Economic Prosperity • Goal 3.4 — Capitalize on Durham's strengths in key economic sectors to attract high -quality jobs. 7. Attachments Attachment #1: Courtice District Energy System Preliminary Business Case Report Respectfully submitted, Original signed by Sandra Austin Executive Director, Strategic Initiatives Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer Page 12 i f RESHAPE STRATEGIES !Street 13 klm[A 7rw-1 Stlect G East NP 7 S 0 Page 13 RESHAPE STRATEGIES Attachment #1 to Report #2024-COW-1 Statement of Limitations This report has been prepared by Reshape Infrastructure Strategies ("Reshape") for The Regional Municipality of Durham (the Region), and for the exclusive use and benefit of the Region ("Client"). This report represents the best professional judgment of Reshape, based on the information available at the time of its completion and as appropriate for the scope of work. Services were performed according to normal professional standards in a similar context and for a similar scope of work. Region of Durham Courtice Transit Oriented Community District tP geli4i4ry Business Case [Reshape Strategies P774] RESHAPE STRATEGIES Attachment #1 to Report #2024-COW-1 Executive Summary The Regional Municipality of Durham (the Region) engaged Reshape Infrastructure Strategies, Kerr Wood Leidal, and RR Consulting to evaluate the business case for a District Energy System (DES) serving the new, high -density Major Transit Station Area (MTSA) that is expected to develop around the planned Courtice GO station in the Municipality of Clarington. The high - density development is referred to as the Courtice Transit Oriented Community (CTOC). The CTOC preliminary district energy business case evaluation was completed in two phases. The first phase was a screening -level analysis of four different district energy concepts. The concepts were evaluated on a lifecycle basis to identify the preferred energy source (either the Durham York Energy Centre or the Courtice Water Pollution Control Plant) and system configuration (heating and cooling versus heating only). The screening analysis found that a heating only system with heat from the Durham York Energy Centre has the lowest capital and lifecycle cost, as well as the lowest levelized cost of avoided GHG emissions. This concept — heating -only service from Durham York Energy Centre — was carried forward to the second phase, development of a DES Utility cost recovery model based on utility rates and fees. CTOC District Energy System Utility Cost Recovery Model Prior to developing a District Energy (DE) Utility cost recovery model, the DES concept was refined to include a temporary energy centre (a containerized gas boiler plant) located in Courtice that will provide heating to the first buildings that develop in the CTOC. The temporary energy centre will reduce investment risk by deferring the capital cost of connecting to the Durham York Energy Centre until sufficient load has developed in the CTOC, while also ensuring that the DES is ready to provide service when the first buildings in the neighbourhood require it. The DE Utility rates and fees in this report are based on a revenue -neutral utility as shown in Figure E1 (total revenues equal to lifecycle costs). The DE Utility rates and fees required for full cost recovery indicated that the low carbon CTOC DES could provide the following benefits to the Region of Durham, Municipality of Clarington, CTOC Landowners, and CTOC residents: • Alignment with the Durham Community Energy Plan's objectives to reduce GHG emissions and facilitate the transition to a clean energy economy. Buildings connected to the CTOC DES will have a clear decarbonization pathway, avoiding carbon lock -in of buildings. The CTOC DES is estimated to result in 130,000 tonnes of cumulative avoided GHG emissions in the first 30 years of the project as compared to the Business -as -Usual Reference Case (see Figure E2) of heating with natural gas. • The preferred low -carbon DES is the lowest -cost pathway to decarbonizing building heating in the CTOC. o The DES business case indicates that the low -carbon DES will result in lower thermal energy costs for rate payers than electrification of heating at the building level (via air source heat pumps and electric boilers in the 100% Electrified Reference Case — see Error! Reference source not found.). Region of Durham Courtice Transit Oriented Community District tP geli4i6ry Business Case [Reshape Strategies P774] RESHAPE STRATEGIES Attachment #1 to Report #2024-COW-1 o District energy will allow CTOC building owners to be less exposed to escalating electricity costs than if CTOC buildings are built with 100% Electrified heating systems (Figure E3). o From a landowner (developer) perspective, connecting to a low carbon DES is a lower -cost pathway than constructing on -site low -carbon heating systems (see Figure E4). Increased building design flexibility relative to on -site low -carbon heating systems and reduced noise impacts. Reduced strain on the electrical distribution system relative to building -scale electric heating systems. Although the DE Utility business case base scenario is presented as "revenue neutral" in this report, there are several opportunities that could result in a positive net present value for the DE Utility over the 30-year project lifecycle, including: Increasing DE utility rates to capture some of the rate payer energy cost savings relative to the alternative decarbonization pathway of 100% electrified heating as revenue for the utility. • Access to low-cost debt financing through the Canada Infrastructure Bank (which has signed financing agreements with multiple public and privately owned DE utilities). Access to grant funding through organizations and funding streams such as the Federation of Canadian Municipalities' Green Municipal Fund and the Low Carbon Economy Fund. CTOC District Energy System Project Risks There are several key risks that would adversely impact the business case for the CTOC district energy system by significantly increasing the cost of DES service (resulting in higher DES rates or a revenue shortfall for the DE Utility). These risks include: • Higher capital costs and higher cost escalation. • Higher financing costs. • Lower heating demands and slower build out than modeled. • Excluding the Courtice Water Pollution Control Plant from the DES load forecast. The DES business case sensitivity analysis is provided in Figure E5. Region of Durham Courtice Transit Oriented Community District tP gi&1 1i I6ry Business Case [Reshape Strategies P774] Attachment #1 to Report #2024-COW-1 LRAPETEGIES 90,000 80,000 70,000 60,000 0 50,000 40,000 c 30,000 20,000 i% 10,000 0 Revenues Costs ■ DE Fixed Rate Revenue ■ DE Variable Rate Revenue ® Fuel Costs ❑ Carbon Taxes ❑ Non Fuel Operating Costs ❑ Capital and Financing Costs Figure E1: DE Utility Costs Equal to Utility Revenues on a Present Value Basis rw� 160 a) 120 N O U 80 40 0 DES GHG 100% Electrified Green Development Business -as -Usual Emissions Reference Case Standard Reference Reference Case GHG Emissions Case GHG GHG Emissions Emissions Figure E2: Cumulative GHG Emissions from the CTOC DES and Reference Cases Region of Durham Courtice Transit Oriented Community District tP geliQaary Business Case [Reshape Strategies P774] 4 Attachment #1 to Report #2024-COW-1 LRAPETEGIES 300 250 200 L E150 100 50 0 N M M M M M 0 M 0 In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N -DES Case Residential Unit Monthly Costs ••••.•• 100% Electrified Reference Case Residential Unit Monthly Costs Green Development Standard Reference Case Residential Unit Monthly Costs Business -as -Usual Reference Case Residential Unit Monthly Costs 300 250 200 L E150 6g .. 100 50 N M M M to M M 0 N R to to M 0 N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N Figure EI Representative Monthly Costs for Residential Unit with 2.6% annual electricity price escalation (left) and 4% annual electricity price escalation (right). 100,000 On -site Cooling Systems 90,000 DES Connection 80,000 Charges 70,000 60,000 0 50,000 a 40,000 30,000 20,000 10,000 0 Reference Case - Reference Case - Reference Case - District Energy 100% Electrified Green Development BAU Standard Figure E4: 30-Year Present Value of Landowner (Developer) Costs to Connect to District Energy compared to the 100% Electric and natural gas BAU reference cases. Region of Durham Courtice Transit Oriented Community District Pegeli4i$ry Business Case [Reshape Strategies P774] 5 Attachment #1 to Report #2024-COW-1 ERTEHAPEATEGIES Higher Turbine Extraction Efficiency (7 MWth/Mwe) Lower Turbine Extraction Efficiency (5 MWth/MWe) $3 million Capital Grant from Senior Government Higher Staffing Costs (4 FTEs) Lower Staffing Costs (2 FTEs) Inclusion of Food Waste AD Facility Inclusion of Liquidated Damages in Cost of Heat Higher Discount Rate (8%) Higher Capital Cost Escalation (5%) Lower Capital Cost Escalation (2.5%) - Lower Discount Rate (3%) - $10 million Capital Grant from Senior Government - Exclusion of CWPCC as DE Customer - Lower Financing Costs (2.5%) - 50-year Build -out - Higher Financing Costs (8%) - 30-year Build -out Target Growth Scenario 30% Capital Cost Decrease 30% Capital Cost Increase -30 -25 -20 -15 -10 -5 0 5 10 15 20 25 30 Figure E5: DES Business Case Sensitivity Analysis Change in DE Utility NPV ($ million) (Base Case NPV = $0) Region of Durham Courtice Transit Oriented Community District Energy Preliminary Business Case [Res hP rgeAR74] 6 RESHAPE STRATEGIES Attachment #1 to Report #2024-COW-1 Recommendations and Next Steps Based on the benefits provided by district energy in the CTOC, Reshape recommends that the Region undertake the following next steps to advance the project: Include District Energy in the CTOC Secondary Plan: Collaboration with the Municipality of Clarington to include DE supportive policies in the Secondary Plan will provide legitimacy for the system and provide clarity for landowners with respect to energy services in the neighbourhood. In addition, including DE in the CTOC Secondary Plan may also support funding applications and discussions with potential DE partners and sources of financing (such as the Canada Infrastructure Bank). Identify a Preferred Ownership Model and Delivery Strategy: It is recommended that the Region conduct a structured evaluation of different CTOC DES ownership models to identify the one that best aligns with the Region's objectives. This analysis will include an examination of costs and benefits associated with transferring project risk through public private sector partnerships. Engage with Landowners: It is recommended that the Region and the Municipality engage with landowners in the CTOC to ensure that they understand the benefits and impacts of the DES on their buildings and business models. Securing the support of landowners early in the project development process will support the objective of including DE in the CTOC Secondary Plan. Engage with Local Utilities: District Energy in the CTOC will impact the infrastructure requirements of other local utilities in the area. Achieving low -carbon development in the CTOC without electrifying building heating will reduce the capacity requirements of local electrical distribution infrastructure in the CTOC. It is recommended that the Region engage with Hydro One to identify the magnitude of Hydro One infrastructure cost savings from developing the proposed DE concept. There may be an opportunity for the DES project to be recognized as a "non -wires alternative", potentially enabling access to funding support through Hydro One, the Independent Electricity System Operator, or the Ontario Energy Board. The DES will greatly reduce or eliminate the need for gas distribution infrastructure throughout the CTOC, replacing it with a single large gas service connection to the Courtice District Energy Centre. If the DES proceeds, the Region should communicate with Enbridge to avoided stranded or underutilised gas distribution infrastructure in the CTOC. Consideration of District Cooling: The analysis completed as part of this study showed that on a lifecycle cost basis, in -building cooling systems are lower cost than district cooling in the CTOC. However, some landowners may see additional value in eliminating cooling equipment from their buildings, freeing up valuable building rooftop space and reducing noise and vibration issues. If landowners in the CTOC are strongly in favour of district cooling and express a willingness to pay a premium to eliminate cooling equipment in their buildings, the Region could consider developing a district cooling Region of Durham Courtice Transit Oriented Community District egeiiA)ry Business Case [Reshape Strategies P774] vii RESHAPE STRATEGIES Attachment #1 to Report #2024-COW-1 business case in partnership with the CTOC landowners, or potentially facilitating a procurement process for a private sector utility to deliver district cooling in the CTOC with landowner group participation. District cooling would also benefit Hydro One, as it would further reduce the electrical distribution system loads, as noted above. Integration of DE Modifications with Other Projects at DYEC: there is significant potential for interaction with overall DYEC performance related to the design and operation of the DES, including opportunities to enhance plant performance relative to existing conditions. Given the complexities of DYEC ownership and operational agreements and environmental permits, agreements with the facility owners and operator will be required to further the development of design components as well as incorporate any operations and maintenance activities. Opportunities for efficiencies to both parties, such as the addition of DE steam extraction from the low-pressure port (rather than the high-pressure port, as specified in the original facility agreement) may be explored as part of the negotiations. RR Consulting recommended that after implementation of the new systems, the actual performance should be verified by a third party and mutually agreed by both parties to ensure adequate and continued system performance. As noted above, these terms can only be finalized once the system requirements and equipment design of the DE system is known, however a Memorandum of Understanding on the process and principles for developing the agreement could be agreed to in advance with relevant stakeholders. Evaluation of the CWPCP RNG Upgrader Business Case: Since the CWPCP is currently heated with low -carbon biogas produced on -site, the driver for connecting the CWPCP to the Courtice DES is the potential to free up the biogas for RNG upgrading (rather than GHG emissions reductions). To confirm whether the CWPCP should connect to the DES, the business case for an RNG upgrading system at CWPCP should be evaluated. Refinements to DES Concept and Business Case: As further details of the land use in the CTOC are available, the DE distribution piping system concept should be refined and optimized based on a proposed site for the Courtice Permanent (and Temporary) Energy Centre. This step could include developing a defined "Phase 1" DE service area, based on near -term development proposals. In addition, the sizing of the transmission pipe from DYEC to Courtice should be reviewed and optimized. Currently the piping is sized to transmit 15 MW of heat from DYEC, which is more than necessary to serve the Courtice DES base load, however this should be weighed against the future option value of increasing the low -carbon heat supply from DYEC. Lastly, the Region may want to consider co -locating the DES distribution piping with the pedestrian / cyclist infrastructure that would connect the CTOC to the lakeshore as a means of reducing the costs of crossing the 401 and streamlining the approvals process. Region of Durham Courtice Transit Oriented Community District PPec gi&124ry Business Case [Reshape Strategies P774] viii DURHAM REGION Courtice Transit -Oriented Community District Energy System Ian McVey, Manager of Sustainability, CAO Office Municipality of Clarington General Government Committee — February 5t", 2024 District Energy — An introduction District Energy Systems: DE systems are centralized systems where thermal energy (i.e., heating and cooling) is distributed via underground pipes to multiple buildings in a neighbourhood, downtown district, or campus. • The improved efficiencies and potential for low - carbon fuel sources in DE systems make them a key part of climate change and renewable energy strategies. • DE systems are well developed in many European cities, largely as a legacy of the 1970's energy crises. • In Denmark, Sweden & Finland, DE accounts for 50-60 percent of the total heating market nationally. Enerav Centre Geoexchange under Starmwater pond • Interest in community -scale DE systems in North America is growing due to its benefits from an energy security and environmental sustainability perspective. Page 23 durham.ca 2 Lk Strategic alignment • Envision Durham: highlights the importance of supporting the development of low carbon energy systems such as DE. The plan encourages the development of district energy systems to provide low carbon energy to Community Areas, with a focus on connectivity to existing or planned DE networks. • Durham Community Energy Plan: sets ambitious emission reduction targets. Projected growth in population and need for new home construction creates an emerging need to develop low and zero carbon energy infrastructure. o DE feasibility is highly correlated with density of land use — i.e., greater density increases the business case for DE systems. o DE systems projected to contribute to 16% of Region's emissions reductions (low carbon pathway). ENVISION DURHAM • Community Host Agreement between Region & Clarington outlines commitment to promote development within Clarington Energy Business Park to utilize district heating provided by Energy -From -Waste (EfW) Facility. Page 24 durham.ca 3 Project History & Context • Prior study completed by FVB Energy in 2021/22 • Evaluated DE potential for a very large service area • Current work is focused on the area surrounding the future Courtice GO Station (i.e. Major Transit Station Area, or "MTSA") COYR-ce Fn+ptOyn.cne lfnds COYrtice W.Wl—t fnd Energy perk Oreh MTSA B'—dsry idcAhe.i c.."'f SOl1lyfNfi� [OYKKf Figure 1: Clarington Secondary Alan Areas kwl Current Service Area Boundary for DES Business case Courtice Transit Oriented Community (CTOC) Preliminary Land Budget 2023110116 Page 25 4 District Energy Options Evaluated Heating and Cooling (CWPCC) Heating and Cooling (DYEC) 13 RESHAPE STRATEGIES Four technical concepts were developed based on the following variations: — Heating only — Heating and cooling — Low -carbon energy from Durham York Energy Centre (DYEC) — Low -carbon energy from Courtice Water Pollution Control Centre (CWPCC) Page 26 District Energy Options Evaluated -Heating Only A heating -only system with heat from DYEC is the preferred DES concept and the basis of the DE business case because it: • Has the lowest capital and lifecycle cost, • Results in an 75% reduction in GHG emissions from gas boiler BAU over analysis period. • Results in the lowest cost per tonne of avoided GHG emissions. 1. Including the capital and lifecycle costs of in -building cooling systems Page 27 DYEC Heating Only - DES Business Case 225 200 ' 175 0 E 150 a 125 U a) 100 U CD 75 J 25 Lifecycle Cost of DE vs. Reference Case Reference Case 100% Electrified DE -Heating Only (DYEC) ■ Capital & Financing Costs ❑ Fuel Costs ❑ Carbon Tax ❑ Non -Fuel O&M E HAPE ATEGIES To achieve similar GHG outcomes without the DES, all buildings in the Courtice MTSA would need to have 100% electrified heating (Reference case). The lifecycle cost of low -carbon heating in the Courtice MTSA supplied by DE is lower than electrification of heating at the building level. In the reference case, fuel costs are -40% of the lifecycle cost and capital is -40%. In the DE case, capital and financing costs are 55% of the total lifecycle cost and the fuel cost is 12%. - DE provides greater energy cost stability to MTSA residents, relative to building electrification, due to reduced exposure to escalating electricity rates. Page 28 DES Business Case Business case is presented as cost neutral from the DE Utility, with lower energy costs for DE rate payers and lower capital costs for landowners than the 100% electrified reference case. DE Utility Cost Recovery DE Utility Revenues Equal to Costs on PV Basis 90,000 80,000 70,000 60,000 0 0 50,000 40,000 c 30,000 m 20,000 a 10,000 0 Revenues ■DE Fixed Rate Revenue ®Fuel Costs ❑Non Fuel Operating Costs Costs ■ DE Variable Rate Revenue ❑ Carbon Taxes ❑ Capital and Financing Costs Rate Payer Costs Monthly Heating and Cooling for Typical Residential Unit lower with DE than with 300 250 Q116, c 150 100 50 0 LO N M M M M M LILn L 0 It EO co O7 in Ln O O O 4 O O 9 O O O O O 4 O 9 N N N N N N N N N N N N N N N —DES Case Residential Unit Monthly Costs ......• 100% Electrified Reference Case Residential Unit Monthly Costs Green Development Standard Reference Case Residential Unit Monthly Costs — — Business -as -Usual Reference Case Residential Unit Monthly Costs 100,000 90,000 80,000 70,000 00 60,000 j 50,000 a 40,000 30,000 20,000 10,000 0 E HAPEATEGIES Landowner Costs DE Connection Fees Lower than Cost On -site Cooling Systems DES Connection Charges Reference Case - Reference Case - Reference Case - District Energy 100% Electrified Green Development BAU Standard Page 29 8 Sensitivity to Electricity Rate Escalation Electricity Rate Escalation at 2.6% (Base Case) 300 250 200 c E 150 100 � r 50 Al M O N CD O O N It CD M O N K CD N M M M M M19T Iq IqI�r 11 M M N 0 O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N IDES Case Residential Unit Monthly Costs ......• 100% Electrified Reference Case Residential Unit Monthly Costs Green Development Standard Reference Case Residential Unit Monthly Costs — — Business -as -Usual Reference Case Residential Unit Monthly Costs Electricity Rate Escalation at 4% 300 250 200 s 0 150 E 100 r r 50 — 0 MON RT CD M O N IqcD O O N q* CD N M M M M MIt M M M M O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N —DES Case Residential Unit Monthly Costs ......• 100% Electrified Reference Case Residential Unit Monthly Costs Green Development Standard Reference Case Residential Unit Monthly Costs — — Business -as -Usual Reference Case Residential Unit Monthly Costs E HAPEATEGIES Page 30 9 PPPP_ "944 Potential for Low-cost Financing and Grants kwl .ESHAPE • Over the past 2 years Canada Infrastructure Bank has entered into financing agreements with three DES utilities totaling more than a billion dollars. • Many low -carbon DE projects secure lesser amounts as grants through the Green Municipal Fund. Selection of Funding and Financing Recipients (non -exhaustive) - Name of • • Canadian Infrastructure Bank (CIB) Markham Centre District Energy 135 Canadian Infrastructure Bank (CIB) Enwave Energy Corporation 600 Green Municipal Fund (GMF) Markham Centre District Energy 1 7.2 Green Municipal Fund (GMF) Zibi Community Utility 3 20 Green Municipal Fund (GMF) City of Vancouver NEU 1.5 15 Green Municipal Fund (GMF) Lonsdale Energy Corporation 2 2 Low Carbon Economy Fund Enwave Energy Corporation - PEI 3.5 Page 31 DISTRICT ENERGY OWNERSHIP MODELS w i ♦ Mandatory Connection Bylaw in DE Service Area - Economic Regulation by Utilities Commission Under any ownership model, the Municipalities will have a key role in mitigating connection risk DEPARTMENT SUBSIDIARY AGREEMENT PARTNERSHIPS COOPERATIVE NON-PROFIT FOR -PROFIT Southeast +Lonsdale Energy False Creek Corporation (Vancouver) (North Van) Markham District Energy * Lulu Island Energy (Richmond, BC) Enwave & City of Toronto Joint Development Agreement No Canadian examples RESHAPE STRATEGIES • Enwave • Creative Energy Vancouver • SFU UniverCity (Corix) • Calgary District Heating Inc. Page 32 11 Municipal District Energy Supportive Policie RESHAPE STRATEGIES As part of developing and implementing a DES strategy it will be important to ensure that the Official Plan framework of the Municipalities contemplates and supports the DES strategy.... The "Planning Act" precludes municipalities from proceeding with public works or passing by-laws unless they conform with their Official Plans. It will also be important to incorporate DES supportive policies into the Courtice Transit -Oriented Community (CTOC) Secondary Plan to support future implementation of a DES focused on serving new development in the CTOC MTSA. Page 33 Target Project Development Timeline & RESHAPE wSTRATEGIES Process • Inclusion of DE in CTOC Secondary Plan Near term priority is to include enabling policy for DE in the • Evaluation and selection of preferred ownership model CTOC Secondary Plan. • Negotiation of agreements for Phase 1 project delivery • Phase 1 DES in service • Heat supply from temporary gas boiler plant in MTSA • Negotiation of Phase 2 agreements • Design and construction DYEC heat recovery system and transmission piping • Heat supply from DYEC connected to Courtice DES 2034- • Connection to DYEC to decarbonize heat supply 2050 • Expansion beyond Courtice MTSA U8147810 • The objective is to have DE service available in time for the first buildings in the CTOC to connect. • The DE Service Area and Phasing Plan will be developed in coordination with Landowner's Group. • To manage investment risk, the first phase of the DES is planned to be served by a temporary gas boiler plant (or plant integrated with a municipal facility). • Once sufficient load is connected to the DES, the connection to DYEC will be completed, decarbonizing the heat supply to all buildings connected to the DES. • Depending on growth outside the MTSA, the DES may be expanded to serve additional areas. Page 34 Regional Council Direction... A. Endorse in principle the concept of a district energy system in the Courtice Transit -Oriented Community as presented in Report #2024- COW-1 B. Direct staff to collaborate with Clarington to integrate DES concept into CTOC Secondary Plan, including definition of a DES service area focused on the MTSA. C. Support engagement with funding/ financing agencies to pursue potential financing sources such as FCM/ GMF and CIB, as well as explore additional financial tools and options to help capitalize the DES project. D. Support evaluation of ownership and governance models for the Courtice DES, and direct staff to report back to Council with a recommendation and updated business case. Page 35 durham.ca 14 7wD7D)) DURHAM REGION Thank You! Ian McVey, Manager of Sustainability, CAO — Strategic Initiatives 905-686-7711 extension 3803 an.mcvey(a-aurnam.ca durham.ca BRegionofflurham f V in 0 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 5, 2024 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO Authored By: Pinder DaSilva, IDEA Officer File Number: Report Number: LGS-003-24 By-law Number: Resolution#: Report Subject: Intimate Partner Violence — Follow Up on Direction Recommendation: 1. That Report LGS-003-24, and any related delegations or communication items, be received for information; 2. That, in an effort to help prevent Intimate Partner Violence, Council take the following actions: a. Affirm that Intimate Partner Violence (IPV) has reached epidemic proportions; b. Continue to advocate, to the Region of Durham, for transportation services for residents accessing IPV-related support where public transportation is inadequate, or not available; c. Continue advocating for expanded cell service and high-speed internet throughout the community; and d. Continue to promote and support community safety outreach programs across the Municipality. 3. That the IDEA Officer be directed to: a. Arrange training, in 2024, for front-line staff who may encounter IPV situations; Page 37 Municipality of Clarington Page 2 Report LGS-003-24 b. Incorporate a reference to IPV within Clarington's 2024 Reconciliation Action Plan. 4. That Clarington Community Engagement Staff take the following actions: a. Promote and share public education campaigns to promote awareness about IPV including, where available, in multiple languages and formats; b. Identify/create, by end of 2024, private confidential spaces in libraries and community centres, where victims of IPV could make phone calls to shelters, police and victim services for support and guidance; c. Co -host age -appropriate community awareness programs which address IPV in 2024/2025; d. Propose a funding stream, as part of the 2025 budget, within the Community Funding Program, which supports community safety programs, including IPV, especially in rural areas of Clarington; and e. Install information and resources in recreation facility washrooms and community message boards in 2024. 5. That this resolution be forwarded to all Durham MPPs, the Ministry of the Attorney General, the Ministry of Women's Social and Economic Opportunity, Durham Region Council, all lower -tier Durham municipalities, and Durham Regional Police Services Board. Page 38 Municipality of Clarington Report LGS-003-24 Page 3 Report Overview This report provides recommendations to implement actions to help prevent Intimate Partner Violence (IPV). 1. Background 1.1 Clarington is committed to providing a safe, diverse, inclusive, and vibrant community for its residents. Strategic Priority C.2.5 is committed to "supporting the proactive management of community safety and well-being" and includes the following actions: • Collaborate with Durham Regional Police Services — Community Safety Advisory Council to support the proactive management of community safety matters. • Support the development and implementation of the Community Safety and Well - Being Plan (facilitated by Region of Durham). • Prioritize initiatives to improve community safety and well-being. 1.2 In March 2023, a fury made 86 recommendations to the Province resulting from the inquest into the murders of Carol Culleton, Anastasia Kuzyk and Nathalie Warmerdam who were murdered as a result of intimate partner violence (IPV) in 2015. 1.3 On April 26, 2023, Durham Regional Council adopted a resolution to declare an IPV epidemic and to integrate IPV into the Region's Community Safety and Well -Being Plan. 1.4 In response to the jury's recommendations, on June 12, 2023, Clarington Council approved Resolution #GG-121-23, a New Business item brought forward. Whereas Intimate partner violence (IPV) is physical, sexual, coercive control, emotional abuse and aggression that occurs in an intimate relationship; Whereas supporting efforts to address gender -based violence, which disproportionately impacts BIPOC women and girls would align with the Ontario governments' Anti -Black Racism Strategy, Ontario Health's Equity, Inclusion, Diversity and Anti -Racism Framework, The National Action Plan to End Gender Based Violence, and Truth and Reconciliation Call to Action #40"; Whereas on the morning of September 22, 2015, Carol Culleton, Anastasia Kuzyk, and Nathalie Warmerdam were murdered by a former partner; Whereas on June 28, 2022, a five -person jury established as part of a coroner's inquest into the events of September 22, 2015, delivered 86 recommendations; Page 39 Municipality of Clarington Report LGS-003-24 Page 4 Whereas specific legislation addressing family and domestic violence has been passed by six provinces and three territories; however, Ontario has not implemented this type of legislation; Whereas the Violence Prevention Coordination Council of Durham (VPCC), which represents 35 local agencies including Bethesda House, Luke's Place, Herizon House, Victim Services, and the Durham Rape Crisis Centre, reported a significant increase in demand for assistance from local IPV support providers. In the fiscal year 2021-22, Durham Victim Services supported 4,438 victims of Intimate Partner Violence, up 32% over four years and supported 916 victims of Sexual Violence, up 277% over four years. The four local shelters in the fiscal year of 2021/22 served over 500 survivors in shelter, served 4,400 on their crisis lines, and sadly turned away 1,374 victims of gender -based violence; In 2022/23 fiscal years the numbers increased, serving over 600 (20% increase) survivors in shelter, served 6,047 (37.5% increase) on the crisis lines, and regrettably had to turn away 1,886 (37.2% increase) women and children seeking safety in our shelters; and Whereas the City of Ottawa, Renfrew County, and Lanark County have passed motions declaring an IPV epidemic and acknowledging the 86 recommendations in the Renfrew County Inquest. Now therefore be it resolved: That the Municipality of Clarington supports the Region of Durham who have declared IPV an epidemic and call on the Ontario Government to do the same, as per recommendation #1 of the Renfrew County Inquest; That the Region of Durham integrate IPV into the Region's Community Safety and Well -Being Plan, as per recommendation #10 of the Renfrew County Inquest; That Staff investigate the recommendations of the Renfrew County Inquest and report back on which recommendations could be implemented by the Municipality of Clarington; and That this motion be distributed to all Durham MPPs, the Ministry of the Attorney General, the Ministry of Women's Social and Economic Opportunity, all lower -tier Durham municipalities, Durham Regional Police Services Board, Renfrew County, and the Association of Municipalities of Ontario. 1.5 Staff have reviewed communications from other municipalities and investigated the recommendations. Page 40 Municipality of Clarington Page 5 Report LGS-003-24 1.6 Staff have reviewed the recommendations of the Renfrew County Inquest, and this Report outlines actions that could be implemented, by Clarington, the IDEA Officer, Community Engagement Staff and by the Region of Durham. 1.7 The Region of Durham has provided an update on September 25, 2023 Report #2023- A-15 indicating a motion was made to implement Recommendation 1 and Recommendation 10 of the Renfrew County Inquest Recommendations, and have been developing a joint work plan outlining the regional response to the intimate partner violence epidemic. 1.8 Bethesda House serves the Clarington community through a comprehensive system of professional supports to diverse individuals dealing with all types of abuse and gender - based violence including but not limited to, domestic violence, sexual assault, human trafficking, familial abuse, cultural violence, and elder abuse. Bethesda House is part of a Region -wide network of organizations that include other women's shelters, police service, victim service and the Region of Durham. 2. Other Municipalities 2.1 Many municipalities and regions including OBCM (Ontario Big City Mayors), and MARCO (Mayors and Regional Chairs of Ontario) members have declared a gender - based violence and/or intimate partner violence epidemic. 3. Clarington Council Actions 3.1 Previously, Clarington had supported the Region of Durham's declaration of the IPV epidemic. Staff are suggesting that Clarington could take it a step further and affirm that Intimate Partner Violence (IPV) has reached epidemic proportions as the impetus for taking these other steps. 3.2 Having access to reliable public transportation may be the only means for some IPV victims to access supports and resources. Given the fact that some areas across Clarington have inadequate, or lack of, public transportation, staff recommend that the Municipality of Clarington Council continue to advocate to the Region of Durham for transportation services, through Durham Region Transit and other transit providers (taxis, Uber, etc.), for residents accessing IPV-related support where public transportation is inadequate or not available. 3.3 Clarington residents in key, under -serviced rural areas continue to face challenges with access to cell service and high-speed internet, potentially impacting their health and safety. Staff are suggesting that the Municipality of Clarington continue advocating for expanded cell service and high-speed internet throughout the community to improve safety and access to services. Page 41 Municipality of Clarington Page 6 Report LGS-003-24 3.4 Creating a safe community where residents have access to resources and services in a timely manner, requires a collaborative approach between different partners across Clarington. Staff suggest that the Municipality of Clarington, in collaboration with Durham Region, Durham Regional Police Service, and Clarington Libraries, Museums & Archives (CLMA), promote and support community safety outreach programs across the Municipality. 4. Clarington IDEA Officer Actions 4.1 It is essential that front-line staff has the training and skills needed to recognize intimate partner violence and provide referrals to support and resources to victims. It is recommended that the 2024 IDEA staff training schedule include collaborating with subject matter experts in the community (Durham Region Police Services (DRPS), Bethesda House, Community Development Council of Durham, and more) to provide specialized, job and culturally appropriate education/training for front-line staff who may encounter IPV situations (Municipal Law Enforcement Officers, Library, Customer Service, Recreation program/facility staff, Human Resources, Health and Safety, Animal Services, and more). This training would include gender -based violence awareness training, perhaps lived experience sessions, etc. 4.2 Clarington is committed to creating a safe community for everyone, including those experiencing intimate partner violence. To highlight the importance of this commitment, the IDEA Officer will incorporate a reference to IPV within Clarington's 2024 Reconciliation Action Plan (currently in development) (which includes similar Calls for Justice found in the Missing and Murdered Indigenous Women and Girls Final Report). 5. Clarington Community Engagement Staff Actions 5.1 Community Engagement staff sit on the Durham Regional Police Central East Division Community Safety Advisory Council (CSAC) as a participant and liaison for the Municipality. Through the existing relationship with DRPS Community Safety Advisory Council, and the Durham Region Community Safety and Well Being Plan Municipal Working Group, promote and share new and/or existing public education campaigns to promote awareness about IPV including seeking support, access to resources, risk factors and warning signs, community, and bystander engagement, and where available, in multiple languages and formats. Consideration will be given to ensure the inclusion of our rural residents in the messaging and materials. 5.2 Easy -to -access community -based safer spaces are integral to ensuring the well-being of the community. It is recommended the Municipality of Clarington by the end of 2024, working with the CLMA, identify/create safe and private spaces in libraries and community centres, where victims of IPV could make phone calls to shelters, police and victim services for support and guidance. Page 42 Municipality of Clarington Page 7 Report LGS-003-24 5.3 There is a need for additional financial supports to develop resources, especially in rural areas of Clarington. Community Services staff will research, propose, and develop a funding stream, starting in 2025, within the Community Funding Program, which supports community safety programs, including IPV. 5.4 Public awareness programs can have a tremendous impact on bringing communities together to mobilize local knowledge and resources. It is recommended that, with our community partners, the Community Services staff co -host age -appropriate community awareness programs which address IPV in 2024/2025. 5.5 It can be difficult for many victims of intimate partner violence to easily access information on supports and resources without repercussions that impact their safety and health. It is recommended that information, and resources (e.g. pamphlets, handouts from women's shelters, men's programs, etc.) be installed in recreation facility washrooms and community message boards in 2024. 6. Financial Considerations 6.1 A funding stream is being recommended, for consideration in the budget of the Community Funding Program, beginning in 2025. Amounts and projects to be determined prior to submission of the 2025 budget. 7. Concurrence This report has been reviewed by the Deputy CAO, Public Services who concurs with the recommendation. 8. Strategic Plan 8.1 This report aligns with Strategic Priority C.2.5 which states that Clarington is committed to "supporting the proactive management of community safety and well-being" and includes the following actions: • Collaborate with Durham Regional Police Services - Community Safety Advisory Council to support the proactive management of community safety matters; • Support the development and implementation of the Community Safety and Well - Being Plan (facilitated by Region of Durham); and • Prioritize initiatives to improve community safety and well-being. Page 43 Municipality of Clarington Report LGS-003-24 9. Conclusion Page 8 It is respectfully recommended that Council approve the Staff recommendations made in this report to enact action plans for Council, the IDEA Officer, and Community Services Staff to combat Intimate Partner Violence. Staff Contact: Pinder DaSilva, IDEA Officer, 905-623-3379 ext. 2563 or pdasilva@clarington.net. Attachments: Not Applicable The following interested parties will be notified of Council's decision: Regional Municipality of Durham Clarington Library, Museums and Archives Bethesda House Community Development Council Durham Page 44 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 15, 2024 Report Number: CAO-001-24 Submitted By: Mary -Anne Dempster, CAO Reviewed By: Resolution#: Authored By: Mary -Anne Dempster, CAO File Number: By-law Number: Report Subject: Define and Determine the Duties and Responsibilities of the CAO Recommendations: 1. That Report CAO-001-24, and any related delegations or communication items, be received; 2. That the By-law attached to Report CAO-001-24, as attachment 1, be approved; and 3. That all interested parties listed in Report CAO-001-24, and any delegations be advised of Council's decision. Page 45 Municipality of Clarington Report CAO-001-24 Report Overview Page 2 The purpose of this report is to update By-law 98-171, which defines and determines the duties and responsibilities of the Chief Administrative Officer (CAO) under the Municipal Act. As a growing and modernizing Municipality, the enhanced By-law articulates the scope of responsibilities of the CAO in the context of recent legislative changes and the Municipality's new organizational structure. 1. Background 1.1 By-law 98-171 covers the duties and responsibilities of the Chief Administrative Officer (CAO). It was passed on November 27, 1998. 1.2 Over the last 25 years, the Municipality has grown from a small organization to a large organization that requires empowerment with clear expectations to deliver, consistent with the duties afforded to the CAO under the Municipal Act. 1.3 Recent legislation changes have provided the need to review and update By-law 98- 171. 1.4 By-law 98-171 has been reviewed in the context of the legislative changes and new organizational structure — with a focus on ensuring clarity and completeness. 1.5 Clarington's By-law 98-171 has been compared to those from the other Durham Lakeshore municipalities for consistency and completeness. 2. Review and Identified Changes 2.1 The proposed By-law has been updated and modernized, and also includes expectations — all of which are in line with the duties assigned to the CAO under the Municipal Act. 2.2 The enhanced structure of the By-law provides for the establishment of the By-law and the scope of responsibility. 2.3 By-law 98-171 identifies expectations within the body of the By-law under Section 4 and encompasses sub -sections 4.a) to 4.cc). Under the proposed By-law, the expected duties of the position are now housed in "Schedule A" and broken into three distinct sections: General Duties and Responsibilities of the CAO; Human Resource Management and Administration; and Financial Management to clearly understand in what aspect duties are assigned. Page 46 Municipality of Clarington Report CAO-001-24 Page 3 2.4 The new structure is consistent with that of the other Lakeshore Municipalities in Durham, including the duties assigned. It provides the necessary flexibility to manage operations effectively and efficiently, as assigned under the Municipal Act. 2.5 With the format change, it was not possible to provide a red -lined version. Instead, tables have been developed to provide the roadmap to where to find the existing authority in the proposed By-law. The sections that were not included and those which have been added have been identified. 2.6 Sub -Sections 4.j), 4.1), 4.r), 4.y) and 4.cc) of By-law 98-171 have been removed as they are operational in nature and too specific to how duties are to be performed. They are inherent in the duties provided for. 2.7 The following table illustrates the comparison between the proposed By-law Schedule A duties under Section 1 and those provided for in By-law 98-171 Section 4. Sub -sections a), c), n) and o) have been added to the proposed By-law to provide clarity and completeness. The duties identified are not new, they are consistent with current practice, but are now clearly articulated. Proposed By -Law -Schedule A Existing By -Law -Section 4 1. General Duties and Responsibilities of the CAO Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the general duties, authorities and responsibilities as follows: a) To protect the interests of the Corporation, financial and otherwise; b) Develop short and long-term goals, b) Collaborate with Municipal Council strategies, and operating plans to implement and the Administrative Branch in the Council's strategic plans and priorities and development and administration of the provide recommendations to Council in Municipality' s objectives and major collaboration with Senior Leadership Team policies. (SLT), where appropriate; Page 47 Municipality of Clarington Report CAO-001-24 Proposed By -Law -Schedule A c) Provide for the supervision, care, control, and management of all assets and services under the ownership or control of the municipality; d) Ensure the Organization, in consultation with the Mayor, is appropriately structured to deliver services and programs as established by Council; e) Manage and administer the business of the Corporation in accordance with the by- laws, policies, resolutions, and plans approved by Council and in some instances the Mayor, specific to the Strong Mayors Act powers; f) Lead, direct, and coordinate the SLT in the administration of the business affairs of the corporation; g) Attend, or be represented at, all Council and Standing Committee meetings to provide advice, answer questions, and make recommendations to Council; h) Provide information, recommendations, advice, and expertise to the Mayor, Council and Standing Committees of Council, as required, in collaboration with SLT, including the preparation of Council Reports, Council Page 4 Existing By -Law -Section 4 w) Ensure that the Civic administration has and functions under an appropriate organization structure. c) Provide advice and expertise to Municipal Council on the Corporation's general policies. Inform Council on the condition of the Municipality's administrative affairs and factors that may affect them. f) Act upon Council requests, resolutions and directives. a) Maintain total responsibility to the Municipal Council for the operations of the Corporation, while liaising closely with the Administrative Branch. d) Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vote. g) Develop and recommend to Council, plans and programs for the attainment of organization objectives. h) Review drafts of all by-laws, staff , contracts and agreements and Municipality of Clarington Report CAO-001-24 Page 5 Proposed By -Law -Schedule A Existing By -Law -Section 4 Memos, and Council Briefing Notes to submit to Council and/ or committee of support decision -making and by-law Council his/her recommendations approvals; thereon. i) Lead, direct, and coordinate the v) Provide for the continual Corporation's Departments in the pursuit of improvement of the Municipality' s continuous improvement, innovation and management techniques and operating cost-effective delivery of services and efficiency. management of the Corporation to enhance service levels at the lowest possible cost to the taxpayer; j) Delegate duties and responsibilities to u) Prescribe the specific limitation of SLT, as deemed appropriate, for the authority of subordinates regarding effective and efficient management and policies, contractual commitments, administration of the Corporation; expenditures and personnel action. k) Represent the interests of the e) Maintain communications with all Corporation as it pertains to federal, levels of government, as necessary for provincial, regional, and local municipal the conduct of Municipal business. intergovernmental issues and with boards, Provide resource information for agencies, and commissions at the members of Council in consultation administrative level; with Department Heads, on relevant matters with the various levels of government. 1) Enhance the Corporation's public relations z) Conduct such dealings with and communications functions; individuals or groups outside the Corporation as are necessary to carry out responsibilities and promote the interests of the Municipality. bb) Give thought and action to all phases of the maintenance of sound public relations as it pertains to the Page 49 Municipality of Clarington Report CAO-001-24 Page 6 Proposed By -Law -Schedule A Existing By -Law -Section 4 municipal staff, the general public and the taxpayer. m) Be involved in the ongoing maintenance t) Be involved in the on -going of the Emergency Plan and play a maintenance of a nuclear and non - leadership role in carrying out the plan in the nuclear emergency plan and play a event of an emergency; leadership role in carrying out the plan in the event of an emergency. n) Foster a positive working relationship between Members of Council and Municipal Staff and maintain a courteous, considerate, and respectful workplace environment; o) Where service level changes are contemplated, secure Mayor and/or Council approval, whichever is appropriate through authorities provided in the applicable legislation; and p) Oversee and coordinate the execution of k) Oversee and co-ordinate the approved plans and programs; execution of approved plans and programs. q) Perform any additional responsibilities cc) Generally and in addition to the and exercise the powers incidental thereto foregoing, to perform the duties and which, from time to time, may lawfully be exercise the powers which, from time assigned to, or vested by, the Council. to time, may lawfully be assigned to or vested in him/ her by the CAO. 2.8 The following table illustrates the comparison between the proposed By -Law Schedule A duties under Section 2 and those provided for in By -Law 98-171 Section 4. Sub - Page 50 Municipality of Clarington Page 7 Report CAO-001-24 section f) has been added to clearly articulate the expectations with non -bargaining employees, which is consistent with current practice. Proposed By -Law -Schedule A Existing By -Law -Section 4 2. Human Resource Management and Administration Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the human resource management and administration, authorities and responsibilities as follows: a) Responsible for personnel administration with the Municipality including appointment, promotion, demotion, suspension, discipline, and/or dismissal of all employees including Department Heads, with the Mayor to be consulted for positions of interest (Department Heads, Statutory Officers, and other applicable roles); m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. n) Advise Council on the appointment, suspension, or dismissal of Department Heads. o) Appoint, suspend or dismiss for cause, other management and Non - Union employees. p) Appoint and employ all other employees of the Corporation in accordance with procedures laid down in collective bargaining agreements, and to dismiss or suspend such employees for cause, after consultation with the Department Head. x) Ensure that officials carry out statutory duties in a proper manner. Page 51 Municipality of Clarington Page 8 Report CAO-001-24 Proposed By -Law -Schedule A b) Recommend statutory appointments to Council after a recruitment process has been undertaken, which the Mayor may, at their discretion, have been included; c) The CAO shall not act in a manner that conflicts with the statutory duties of the employees who are appointed under any statute, inclusive of the Chief Building Official, Municipal Clerk, Fire Chief, and Treasurer; d) Direct the Collective Bargaining Process and contract negotiations with all unionized employees and recommend to Council the terms of the collective agreements concerning wages, benefits, and terms of service and, upon approval of Council, direct the administration of the collective agreements with the assistance of human resources staff; e) Be authorized to resolve any employee/labour relations or personnel - related matters involving the Municipality, including the authority to enter into terms of Existing By -Law -Section 4 m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. q) Perform the duties of personnel administrator and co-ordinate and supervise, through the Committee or Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality and its employees and generally supervise and administer such agreements and make recommendations to the Council or its committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. q) Perform the duties of personnel administrator and co-ordinate and supervise, through the Committee or Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality Page 52 Municipality of Clarington Report CAO-001-24 Page 9 Proposed By -Law -Schedule A Existing By -Law -Section 4 settlement as required and in consultation and its employees and generally with the Mayor; and supervise and administer such agreements and make recommendations to the Council or its committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. f) Administer the terms and conditions of employment of the Non -union Employee group including all wage, salary, benefits, and leave administration in accordance with applicable human resources policies and procedures and contracts of employment. 2.9 The following table illustrates the comparison between the proposed By -Law Schedule A duties under Section 3 and those provided for in By -Law 98-171 Section 4. Sub- section c), d), e) and f) have been added to clearly articulate financial expectations. The duties identified are not new, they are consistent with current practice, but are now clearly articulated. Proposed By -Law -Schedule A I Existing By -Law -Section 4 3. Financial Management Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the financial management, authorities and responsibilities as follows: Page 53 Municipality of Clarington Report CAO-001-24 Proposed By -Law -Schedule A a) With the assistance of the Treasurer and Senior Management Team, ensure the preparation of the Operating and Capital Budgets necessary for the financial and operational management of the Corporation for the Mayor's consideration and to present these budgets to Council, which have been agreed to by the Mayor; b) Review, with the Senior Leadership Team, the performance of contracts or agreements entered into by the Corporation and ensure conditions have been fulfilled in accordance with the provisions of such contracts or agreements as approved by Council; c) Exercise and maintain sound financial management of the Corporation inclusive of effective monitoring, control, and compliance with the annual estimates of revenues and expenditures, as deemed by the Mayor and supported by Council; d) Ensure, with the assistance of the Treasurer, all statutory financial actions comply with the Municipal Act 2001, as amended from time to time, and applicable accounting standards; e) Ensure the establishment and enforcement of policies and procedures for the procurement of goods and services of the Corporation; and Page 10 Existing By -Law -Section 4 s) Supervise and direct the preparation of the annual estimates of revenue and expenditures for the consideration of Council and the administration of the budget, subject to the approval of Council. i) Review the performance of all contracts or agreements entered into by the Municipality and satisfy himself/herself that all conditions have been fulfilled in accordance with the provisions of such contracts or agreements and he/she may report therein to Council. Page 54 Municipality of Clarington Report CAO-001-24 Page 11 Proposed By -Law -Schedule A Existing By -Law -Section 4 f) Exercise effective financial control of all departments, with the assistance of the Treasurer and members of the Senior Leadership Team. 3. Financial Considerations Not Applicable 4. Strategic Plan This Report supports Strategic Plan Priority L.1.2: Promote a culture of corporate excellence, by bringing strategic alignment across the organization and better defining the roles and responsibilities and the ability to delegate to the Senior Leadership Team. 5. Concurrence The proposed By -Law has been reviewed by the Clerk, the Solicitor, and the Mayor. 6. Conclusion It is respectfully recommended that the proposed By-law be approved and By-law 98- 171 be repealed. Staff Contact: Mary -Anne Dempster, CAO, mdempster(a)_clarington.net Attachments: Attachment 1 — Draft By-law 2024-XXX CAO Duties and Responsibilities Interested Parties: There are no interested parties to be notified of Council's decision. Page 55 Attachment 1 to Report CAO-001-24 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-171 Being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer and to repeal By-laws 85-23 and 88-145 WHEREAS it is deemed expedient and desirable to establish the position of Chief Administrative Officer and to define and determine the duties and responsibilities thereof: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the position of Chief Administrative Officer is established. 2. THAT the Chief Administrative Officer is the head administrative official of the Municipality of Clarington and is accountable to Municipal Council for the effective administration of all Municipal Departments. Responsibility includes the overall planning, co-ordination and control of all Municipal operations in collaboration with the Administrative Branch of the Municipality's government, and in accordance with the objectives, policies and plans approved by Municipal Council. Specific responsibilities may be delegated to staff members together with the necessary authority for their fulfillment but the overall responsibility for results may neither be delegated nor relinquished. 4. The Chief Administrative Officer will be specifically responsible to: a) Maintain total responsibility to the Municipal Council for the operations of the Corporation, while liasing closely with the Administrative Branch. b) Collaborate with Municipal Council and the Administrative Branch in the development and administration of the Municipality's objectives and major policies. c) Provide advice and expertise to Municipal Council on the Corporation's general policies. Inform Council on the condition of the Municipality's administrative affairs and factors that may affect them. d) Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vote. e) Maintain communications with all levels of government, as necessary for the conduct of Municipal business. Provide resource information for members of Council in consultation with Department Heads, on relevant matters with the various levels of government. f) Act upon Council requests, resolutions and directives. g) Develop and recommend to Council, plans and programs for the attainment of organization objectives. h) Review drafts of all by-laws, staff reports, contracts and agreements and submit to Council and/or committee of Council his/her recommendations thereon. i) Review the performance of all contracts or agreements entered into by the Municipality and satisfy himself/herself that all conditions have been fulfilled in accordance with the provisions of such contracts or agreements and he/she may report therein to Council. j) Meet regularly with Department Heads for discussion of policy matters and for co-ordination of all departmental activities. k) Oversee and co-ordinate the execution of approved plans and programs. Page 56 By-law 98-171 Page 2 I) Ensure that information about policies, organization, and procedures is prepared and promulgated. m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. n) Advise Council on the appointment, suspension, or dismissal of Department Heads. o) Appoint, suspend or dismiss for cause, other management and Non -Union employees. p) Appoint and employ all other employees of the Corporation in accordance with procedures laid down in collective bargaining agreements, and to dismiss or suspend such employees for cause, after consultation with the Department Head. q) Perform the duties of personnel administrator and co-ordinate and supervise, through the Committee or Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality and its employees and generally supervise and administer such agreements and make recommendations to the Council or its committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. r) Recommend to Council any change in the position descriptions of Department Heads. s) Supervise and direct the preparation of the annual estimates of revenue and expenditures for the consideration of Council and the administration of the budget, subject to the approval of Council. t) Be involved in the on -going maintenance of a nuclear and non-nuclear emergency plan and play a leadership role in carrying out the plan in the event of an emergency. u) Prescribe the specific limitation of authority of subordinates regarding policies, contractual commitments, expenditures and personnel action. v) Provide for the continual improvement of the Municipality's management techniques and operating efficiency. w) Ensure that the Civic administration has and functions under an appropriate organization structure. x) Ensure that officials carry out statutory duties in a proper manner. y) Handle inquiries and complaints that require the attention of the senior official. z) Conduct such dealings with individuals or groups outside the Corporation as are necessary to carry out responsibilities, and promote the interests of the Municipality. aa) Develop, record and maintain a policy manual and distribute copies to Council Members and Department Heads. bb) Give thought and action to all phases of the maintenance of sound public relations as it pertains to the municipal staff, the general public and the taxpayer. cc) Generally and in addition to the foregoing, to perform the duties and exercise the powers which, from time to time, may lawfully be assigned to or vested in him/her by the Council. 5. THAT the said duties and responsibilities as set forth above shall not be deemed to empower the said Chief Administrative Officer to have, perform, do or direct any act of matter that would, to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council. THAT Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of said duties and responsibilities. Page 57 By-law 98-171 Page 3 7. THAT the Chief Administrative Officer shall not be dismissed from office except by the provisions of a by-law passed at a meeting by a majority vote of the members of Council at such meeting so called. 8. THAT By-law Nos. 85-23 and 88-145 are hereby repealed. By-law read a first and second time this 27th day of November 1998. By-law read a third time and finally passed this 27th day of November 1998. Page 58 Attachment 2 to Report CAO-001-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law XX-XXX Being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer and to repeal By-law 98-171. Whereas it is deemed expedient and desirable to establish the position of Chief Administrative Officer and to define and determine the duties and responsibilities thereof; Now therefore the Council of the Municipality of Clarington enacts as follows: That the Chief Administrative Officer (CAO), subject to the provisions of the Municipal Act, 2001, is the head administrative official of the Municipality of Clarington and, through direction from Council, or the Mayor, as deemed appropriate by legislation, including the Strong Mayors Act, is appointed by and accountable to the Mayor for the effective and efficient administration of all Municipal Departments. 2. That the said duties and responsibilities contained within shall not be deemed to empower the CAO to have, perform, do, or direct any act of matter that would, to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council. 3. During an extended absence of the CAO, the Mayor may appoint an Acting Chief Administrative Officer who shall be empowered to perform all the duties, roles and responsibilities of the Chief Administrative Officer. The CAO is authorized to designate an Acting Chief Administrative Officer to act in their place during periods of temporary absence. 4. The CAO is hereby assigned the duties, authorities, and responsibilities outlined in Schedule "A" of this By-law, and Schedule "A" shall form a part of this by-law. 5. That By-law 98-71 is hereby repealed. Page 59 By-law 2024-xx Schedule A 1. General Duties and Responsibilities of the CAO Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the general duties, authorities and responsibilities as follows: a) To protect the interests of the Corporation, financial and otherwise; b) Develop short and long-term goals, strategies, and operating plans to implement Council's strategic plans and priorities and provide recommendations to Council in collaboration with Senior Leadership Team (SLT), where appropriate; c) Provide for the supervision, care, control, and management of all assets and services under the ownership or control of the municipality; d) Ensure the Organization, in consultation with the Mayor, is appropriately structured to deliver services and programs as established by Council; e) Manage and administer the business of the Corporation in accordance with the by-laws, policies, resolutions, and plans approved by Council and in some instances the Mayor, specific to the Strong Mayors Act powers; f) Lead, direct, and coordinate the SLT in the administration of the business affairs of the corporation; g) Attend, or be represented at, all Council and Standing Committee meetings to provide advice, answer questions, and make recommendations to Council; h) Provide information, recommendations, advice, and expertise to the Mayor, Council and Standing Committees of Council, as required, in collaboration with SLT, including the preparation of Council Reports, Council Memos, and Council Briefing Notes to support decision -making and by-law approvals; i) Lead, direct, and coordinate the Corporation's Departments in the pursuit of continuous improvement, innovation and cost-effective delivery of services and management of the Corporation to enhance service levels at the lowest possible cost to the taxpayer; j) Delegate duties and responsibilities to SLT, as deemed appropriate, for the effective and efficient management and administration of the Corporation; k) Represent the interests of the Corporation as it pertains to federal, provincial, regional, and local municipal intergovernmental issues and with boards, agencies, and commissions at the administrative level; 1) Enhance the Corporation's public relations and communications functions; Page 60 m) Be involved in the ongoing maintenance of the Emergency Plan and play a leadership role in carrying out the plan in the event of an emergency; n) Foster a positive working relationship between Members of Council and Municipal Staff and maintain a courteous, considerate, and respectful workplace environment; o) Where service level changes are contemplated, secure Mayor and/or Council approval, whichever is appropriate through authorities provided in the applicable legislation; and p) Oversee and coordinate the execution of approved plans and programs; q) Perform any additional responsibilities and exercise the powers incidental thereto which, from time to time, may lawfully be assigned to, or vested by, the Council. 2. Human Resource Management and Administration Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the human resource management and administration, authorities and responsibilities as follows: a) Responsible for personnel administration with the Municipality including appointment, promotion, demotion, suspension, discipline, and/or dismissal of all employees including Department Heads, with the Mayor to be consulted for positions of interest (Department Heads, Statutory Officers, and other applicable roles); b) Recommend statutory appointments to Council after a recruitment process has been undertaken, which the Mayor may, at their discretion, have been included; c) The CAO shall not act in a manner that conflicts with the statutory duties of the employees who are appointed under any statute, inclusive of the Chief Building Official, Municipal Clerk, Fire Chief, and Treasurer; d) Direct the Collective Bargaining Process and contract negotiations with all unionized employees and recommend to Council the terms of the collective agreements concerning wages, benefits, and terms of service and, upon approval of Council, direct the administration of the collective agreements with the assistance of human resources staff; e) Be authorized to resolve any employee/labour relations or personnel -related matters involving the Municipality, including the authority to enter into terms of settlement as required and in consultation with the Mayor; and f) Administer the terms and conditions of employment of the Non -union Employee group including all wage, salary, benefits, and leave administration in accordance with applicable human resources policies and procedures and contracts of employment. Page 61 3. Financial Management Subject to the provisions of the Municipal Act, 2001, as amended from to time, be responsible for the financial management, authorities and responsibilities as follows: a) With the assistance of the Treasurer and Senior Management Team, ensure the preparation of the Operating and Capital Budgets necessary for the financial and operational management of the Corporation for the Mayor's consideration and to present these budgets to Council, which have been agreed to by the Mayor; b) Review, with the Senior Leadership Team, the performance of contracts or agreements entered into by the Corporation and ensure conditions have been fulfilled in accordance with the provisions of such contracts or agreements as approved by Council; c) Exercise and maintain sound financial management of the Corporation inclusive of effective monitoring, control, and compliance with the annual estimates of revenues and expenditures, as deemed by the Mayor and supported by Council; d) Ensure, with the assistance of the Treasurer, all statutory financial actions comply with the Municipal Act 2001, as amended from time to time, and applicable accounting standards; e) Ensure the establishment and enforcement of policies and procedures for the procurement of goods and services of the Corporation; and f) Exercise effective financial control of all departments, with the assistance of the Treasurer and members of the Senior Leadership Team. Passed in Open Council this day of February,2024. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 62 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 5, 2024 Report Number: FSD-004-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary -Anne Dempster, CAO Resolution#: Authored by: David Ferguson, Purchasing Manager File Number: CL2023-41 By-law Number: Report Subject: Orono Arena Community Centre Indoor Rink Refurbishment Recommendations: 1. That Report FSD-004-24, and any related delegations or communication items, be received; 2. That Gerr Construction Limited with a total bid amount of $2,030,112.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2023-41 be awarded the contract for the Orono Arena and Community Centre Indoor Rink Replacement and renovations, as required by the Community Services Department; 3. That the total cost of $2,233,123.20 (Net HST Rebate), which includes construction costs of $2,030,112.00 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $203,011.20 (Net HST Rebate) be funded from the Newcastle/Orono Arena Improvements account; and 4. That all interested parties listed in Report FSD-004-24, and any delegations be advised of Council's decision. Page 63 Municipality of Clarington Report FSD-004-24 Report Overview Page 2 To request authorization from Council to award CL2023-41 for the rink replacement and renovations required at the Orono Arena & Community Centre. 1. Background 1.1 Tender specifications and drawings were prepared by Barry Bryan Associates and provided by the Community Services Department to the Purchasing Services Division. The scope of work included the full rink slab replacement, localized refrigeration system replacement, renovations of existing changerooms of the Orono Arena & Community Centre. 1.2 Tender CL2023-41 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. 1.3 Forty-eight companies registered as official plan takers. The tender document included a mandatory site visit. Only those plan takers in attendance at the site visit were eligible to submit a bid. Twenty-eight companies attended the mandatory site visit. 2. Analysis 2.1 The tender closed on January 19, 2023. 2.2 Ten submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see attachment 1). Nine submissions were deemed compliant and forwarded to the Community Services Department for review and consideration. 2.3 After reviewing the low bid, it was removed from consideration and deemed non- compliant by the Purchasing Services Division. 2.4 Gerr Construction Limited has completed work for the Municipality in the past with satisfactory results. 2.5 After review and analysis of the bids by the Purchasing Services Division and the Community Services Department, it was mutually agreed that the second low bidder Gerr Construction Limited be recommended for the award of CL2023-41. 3. Financial Considerations 3.1 As part of the 2022 budget deliberations, $6,402,000 (Net HST Rebate) was approved, in Report CSD-002-22, for renovation work at both the Newcastle Memorial Arena Page 64 Municipality of Clarington Report FSD-004-24 Page 3 (Phase 1) and the Orono Arena & Community Centre (Phase 11). Phase I work at Newcastle Memorial Arena was completed in November 2023. Phase II work is scheduled for spring 2024. Based on the approved cost for Phase I of $3,974,236.80 (Net HST Rebate), a balance of $2,427,763 (Net HST Rebate) remains for the completion of the Phase 11 work. 3.2 The total funds required for Phase II of this project is $2,233,123.20 (Net HST Rebate), which includes the construction costs of $2,030,112.00 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $203,011.20 (Net HST Rebate), be drawn from the following account: Description Account Number Amount Orono Arena Improvements 110-42-421-84233-7401 $2,233,123.20 4. Queries with respect to the department's needs, specifications, etc. should be referred to the Director of Community Services. 5. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 6. Conclusion It is respectfully recommended that Gerr Construction Limited with a total bid price of $2,030,112.00 (Net HST Rebate) being the low compliant bidder be awarded the contract for the Orono Arena & Community Centre Rink Replacement and Renovation in accordance with the terms, conditions and specifications of Tender CL2023-41. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 - Summary of Bid Results Interested Parties: List of Interested Parties available from Department. Page 65 Municipality of Clarington Report FSD-004-24 Attachment #1 Page 4 Municipality of Clarington CL2023-41 Orono Arena and Community Centre Refurbishment Bid Summary Bidder Total Bid Price (Including HST) Total Bid Price (Net HST Rebate) Gerr Construction Limited $2,254,350.00 $2,030,112.00 Anacond Contracting Inc. 2,378,650.00 2,142,048.00 MJ.K. Construction Inc. 2,396,734.52 2,158,333.67 Ball Construction Ltd. 2,400,120.00 2,161,382.40 Peak Construction Group Ltd. 2,540,127.00 2,287,463.04 Frank Pellegrino General Contracting Ltd 2,639,307.10 2,376,777.79 MVW Construction & Engineering Inc. 2,649,398.00 2,385,864.96 Chart Construction Management Inc. 2,781,804.62 2,505,101.22 NEED Design Build Inc. 3,384,948.84 3,048,251.28 AMVI Construction Company Ltd. Non -Compliant Non -Compliant Page 66 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 5, 2024 Report Number: FSD-005-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Authored by: File Number: Mary -Anne Dempster, CAO Resolution#: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology By-law Number: Report Subject: 2023 Annual Leasing Report and Policy Update Recommendations: 1. That Report FSD-005-24, and any related delegations or communication items, be received; 2. That the Lease Financing Policy attached to Report FSD-005-24, as attachment 1, be approved; 3. That Attachment A to Report FND-021-03, as the Statement of Lease Financing Policies and Goals be replaced by the "Lease Financing Policy"; and 4. That all interested parties listed in Report FSD-005-24, and any delegations be advised of Council's decision. Page 67 Municipality of Clarington Report FSD-005-24 Report Overview Page 2 The Municipality of Clarington adopted a Statement of Lease Financing Policies and Goals in 2003 as required by the Ontario Municipal Act, 2001. The Statement requires the Treasurer to report to Council annually on material leases entered into by the Municipality. As part of continuous improvement, staff have prepared a new Lease Financing Policy to replace the existing statement of lease financing policies and goals. This Report meets the reporting requirements under the Municipal Act, 2001, and modernizes the policy based on current best practices. 1. Background 1.1 Under Ontario Regulation 635/05, the Treasurer is required to report annually to Council the details of existing material leases, including the following: a. Confirmation of compliance with the lease policy; b. Summary of material leases; c. Estimated costs of material leases; d. Impact of the leases on the financing arrangements and the debt servicing levels. 1.2 As required by the Municipal Act, 2001, the Council adopted a Statement of Lease Financing Policies and Goals in report FND-021-03 on September 8, 2003. To date, Clarington has typically chosen to purchase or debenture (if necessary) rather than use financial lease agreements. There is no impact on the Municipality's long-term financing or debt servicing levels. 2. 2023 Annual Report 2.1 There were no material leases to report for the fiscal year 2023 3. Lease Financing Policy 3.1 The last policy statement on leasing by Council was approved in 2003. As part of continuous improvement and updating policy formats to a consistent model, staff felt it appropriate that an updated policy be brought to Council for consideration. '� Municipality of Clarington Page 3 Report FSD-005-24 3.2 The Draft Lease Financing Policy, see Attachment #1, is based on research from other municipalities, including the City of London. Adjustments have been made to suit Clarington's needs and policy framework. 3.3 The policy allows staff to enter into lease financing arrangements to acquire the rights to use capital property and equipment rather than an outright purchase. The Municipality currently leases specific small office equipment such as multi -function devices (printers/copiers); however, the policy could be used for leasing vehicles, property, or other equipment. 3.4 Leasing is a financing option to spread the cost over a period of time while the risk of ownership of the asset remains with the lessor. There are many types of lease arrangements; some may result in the ability of the Municipality to gain ownership at the end of the lease period. 3.5 Staff will consider lease arrangements as an option to purchase where the lease terms are advantageous and beneficial to the taxpayer. 4. Financial Considerations 4.1 There are no financial considerations specifically as a result of this report. The economic impacts of leasing will be brought to the Council when considering future capital purchases. 4.2 The Municipality will enter into lease arrangements where the cost of the agreement is financially beneficial compared to the cost of purchase. 5. Strategic Plan 5.1 Creating a Lease Financing Policy supports priority L.2.5 Maintain, protect and invest in Municipal infrastructure and assets. Specifically, the policy will be used in developing the funding strategy for future capital investments. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that the annual report be received, and the draft policy be approved. Page 69 Municipality of Clarington Report FSD-005-24 Page 4 Staff Contact: Michelle Pick, CPA, CGA, Manager, Accounting Services/Deputy Treasurer, 905-623-3379 ext.2605 or mpick(@clarington.net. Attachments: Attachment 1 — Draft Policy "Lease Financing Policy" Interested Parties: There are no interested parties to be notified of Council's decision. Page 70 Attachment 1 to Report FSD-005-24 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Number: CP-004 Title: Lease Financing Type: Financial Management Sub -type: Debt Management Owner: Finance and Technology Financial Planning Approved By: Council Approval Date: February 26, 2024 Effective Date: February 26, 2024 Revised Date: Click or tap to enter a date. Applicable to: All Staff Legislative or Administrative Authority: 1.1. The Municipal Act, 2001, S.17(2) states that the Minister may make regulations prescribing financial actions for the purpose of clause (1). This includes the ability for the Municipality to enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt. 1.2. The Province of Ontario Regulation 653/05: Debt -Related Financial Instruments and Financial Agreements outlines the requirements for a municipality to enter into a lease financing agreement for the purpose of obtaining long-term financing of a capital undertaking. 2. Purpose: 2.1. This policy constitutes The Municipality of Clarington's (the "Municipality") statement of policies and goals relating to the use of Lease Financing Agreements, in accordance with Ontario Regulation 653/05 made under the Municipal Act, 2001. 2.2. The purpose of this policy is to provide guidance to staff when contemplating Lease Financing Agreements for the provision of municipal equipment and facilities. Lease Financing Agreements may be preferred to outright purchase and/or debt financing of equipment, facilities, and land. The Municipality may enter into Lease Financing Agreements in order to acquire the rights to use capital property and equipment, including some or all of the benefits and risks of ownership for specific periods of time and stipulated rental payments. Page 1 of 8 Page 71 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 3. Scope: 3.1. This policy applies when the Municipality is contemplating Lease Financing Agreements for the provision of municipal equipment and facilities. 4. Definitions: 4.1. Combined Material Impact - The costs or risks of a proposed Non -Material Lease which, when combined with all other Non -Material Leases entered into or proposed to be entered into in a particular year by the Municipality, result in a material impact. 4.2. Lease Financing Agreement - A financial agreement for the purposes of obtaining long term financing for a capital undertaking of the Municipality. 4.3. Material Impact - The costs or risks that significantly affect, or would reasonably be expected to have a significant effect, on the Municipality's debt and financial obligation limit as determined by O. Reg. 403/02 4.4. Material Lease - Any Lease Financing Agreement that does not meet the definition of a Non -Material Lease. 4.5. Municipality — The Corporation of the Municipality of Clarington. 4.6. Non -Material Lease - A Lease Financing Agreement that will not result in a Material Impact on the finances of the Municipality and includes: 4.6.1. rental agreements which have a term of less than one year and the cancellation of which results in no financial penalty to the Municipality; 4.6.2. commercial real property leases with a term of five years or less; 4.6.3. Lease Financing Agreements requiring annual payments for an individual lease of less than $100,000; 4.6.4. Lease Financing Agreements where the net present value of all lease payments, including possible extensions, renewals and bargain purchase options, is less than $1.0 million in the year the Lease Financing Agreement is entered into. Page 2 of 8 Page 72 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5. Policy Requirements: Statement of Goals and Objectives 5.1. The following goals and objectives will be used in the consideration and evaluation of all Lease Financing Agreements: 5.1.1. The Municipality shall only consider Lease Financing Agreements that prioritize the Municipality of Clarington's governing principles; 5.1.2. Lease Financing Agreements shall be entered into with care and prudence, applying experience and professional judgment to each agreement reviewed, with the best interest of the Municipality's ratepayers in mind; 5.1.3. All lease financing activities shall adhere to statutory requirements as governed by the Ontario Municipal Act, 2001 as well as other Council approved policies; 5.1.4. Consideration will be given to its impact on future ratepayers in order to achieve an appropriate balance between lease financing and other forms of funding; and 5.1.5. The Municipality shall manage the exposure to financial risk and the financial impact the Lease Financing Agreements will have on current and future fiscal years. 5.2. Without limitation, the Municipality may enter into Lease Financing Agreements: 5.2.1. for the purpose of obtaining long-term financing of a capital undertaking; 5.2.2. to finance equipment, buildings, land or other assets that the Municipality does not have a long-term interest in or may not be able to acquire through other means; or 5.2.3. where a lease provides material and measurable benefits compared with other forms of financing. 5.3. It is the opinion of the Council and the Treasurer, or designate, that the category of Lease Financing Agreements defined as Non -Material Leases in this policy will not result in a Material Impact for the Municipality. Page 3 of 8 Page 73 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.4. It is the opinion of the Council and the Treasurer, that Non -Material Leases that require or may require the Municipality to make payments after the expiry of the term for which the Council authorizing the agreement was elected and that have a Combined Material Impact less than 20% of the Municipality's annual debt and financial obligation limit determined in accordance with O. Reg. 403/02 will not result in a Material Impact for the Municipality. Application of the Policy (General Provisions — All Lease Financing Agreements) 5.5. All Lease Financing Agreements shall be reviewed by the Treasurer or designate who shall determine: 5.5.1. if this policy applies; 5.5.2. if the Lease Financing Agreement is a Material or Non -Material Lease; 5.5.3. the financial and other risks of the Lease Financing Agreement, compared to other forms of financing, which shall include: a) The ability for lease payment amounts to vary if based on changes in an underlying benchmark debt instrument (generally expressed as a particular Government of Canada Bond); b) The ability for lease payments to vary based on changes in the assumed residual values of the asset being leased; c) Uncertainty over leasing costs if contract needs are to be extended or renewed. The normal practice of the Municipality will be to negotiate these costs prior to the Lease Financing Agreement being executed; and d) The potential for the seizure and removal of leased equipment if the leasing company goes into default of its obligations to creditors, and its creditors have the legal right to seize assets of the leasing company. The practice of the Municipality will be to assess the financial strength of the normal leasing company prior to the leasing agreement being executed. 5.6. All Lease Financing Agreements shall include a schedule of all fixed payments, if any, required for the term and any extensions or renewal. 5.7. The requirements in sections 5.9 and 5.10 apply to all Lease Financing Agreements except; Page 4 of 8 Page 74 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.7.1. Non -Material Leases that do not or may not require the Municipality to make payments after the expiry of the term for which the Council authorizing the agreement was elected; or 5.7.2. Non -Material Leases that require or may require the Municipality to make payments after the expiry of the term for which the Council authorizing the agreement was elected and that have a Combined Material Impact less than 20% of the Municipality's annual debt and financial obligation limit determined in accordance with O. Reg. 403/02. 5.8. A Lease Financing Agreement to which this policy does not apply must comply with any other applicable Municipal policies or procedures, including without limitation to any requirements for review, approval and reporting to Council. Lease Financing Agreements Approval Process 5.9. This section applies to: 5.9.1. all Material Leases; and 5.9.2. all Non -Material Leases that require or may require the Municipality to make payments after the expiry of the term for which the Council authorizing the agreement was elected and that have a Combined Material Impact greater than 20% of the Municipality's annual debt and financial obligation limit determined in accordance with Ontario Regulation 403/02. 5.10. Before entering into a Lease Financing Agreement, the Corporation shall: 5.10.1. have the Treasurer or designate prepare a report with a recommendation assessing, in their opinion, the costs and financial and other risks associated with the proposed Lease Financing Agreement, including any possible extensions or renewals which report shall include: a) a comparison between the fixed and estimated costs and the risks associated with the proposed Material Lease and those associated with other methods of financing; b) a statement summarizing, as may be applicable, the effective rate or rates of financing for the Material Lease, the ability for lease payment amounts to Page 5 of 8 Page 75 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 vary, and the methods or calculations, including possible financing rate changes, that may be used to establish that variance under the lease; c) a statement summarizing any contingent payment obligations under the lease that, in the opinion of the Treasurer or designate, would result in a Material Impact for the municipality, including lease termination provisions, equipment loss, equipment replacement options and guarantees and indemnities; d) a summary of the assumptions applicable to any possible variations in the lease payment and contingent payment obligations; and e) any other matters the Treasurer or designate or Municipality Council considers advisable. 5.10.2. Obtain legal advice and financial advice with respect to the proposed agreement. 5.10.3. Consider if the scope of the proposed transaction warrants obtaining legal advice or financial advice with respect to the proposed agreement that is from a source independent of the source of the advice mentioned in paragraph 5.10.2 above. 5.10.4. Consider, as of the date of the report under paragraph 5.10.1 above, whether the costs of financing for the proposed agreement are lower than other methods of financing available to the Municipality and whether the risks associated with the proposed agreement are reasonable. Costs of any legal or financial advice would also be included in the costs of financing. 5.10.5. If at any time after a report is made but before the proposed Lease Financing Agreement is entered into, the Treasurer or designate becomes of the opinion that a changed circumstance with respect to the proposed Lease Financing Agreement may result in a Material Impact for the Municipality, the report shall to updated as soon as reasonably possible and present the updated report to Council. Annual Report to Council 5.11. Once in every fiscal year or more often if Council requires, the Treasurer or designate shall provide a report to Council containing the following: Page 6 of 8 Page 76 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.11.1. a description of the estimated proportion of the total financing arrangements of the municipality that is undertaken through Lease Financing Agreements to the total long-term debt of the Municipality; 5.11.2. a description of the change, if any, in that estimated proportion since the previous year's report; 5.11.3. a statement by the Treasurer or designate as to whether, in their opinion, all Lease Financing Agreements were made in accordance with this policy; and 5.12. any other information that may be requested by Council or that, in the opinion of the Treasurer or designate, should be recorded. 6. Roles and Responsibilities: 6.1. Council is responsible for: 6.1.1. Establishing policy regarding the use of lease financing as a form of financial agreement for funding the purchase of goods. 6.2. Chief Administrative Officer (CAO) is responsible for: 6.2.1. As applicable under the Purchasing By-law, Delegation of Authority By-law or other Council policy or management directive of the Municipality, authorizing or signing for lease agreements. 6.3. Deputy CAO, Finance and Technology/Treasurer is responsible for: 6.3.1. Ensuring any long-term leases entered into by the Municipality are in accordance with this policy. 6.3.2. Developing procedures and practices to properly account for lease agreements in accordance with Public Sector Accounting Standards. 6.4. Directors / Managers are responsible for the following within their scope of authority: 6.4.1. As applicable under the Purchasing By-law, authorizing or signing for lease agreements. 6.4.2. Ensuring staff are trained in this policy. Page 7 of 8 Page 77 Council Policy Clarftwju If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 6.5. All Staff are responsible for: 6.5.1. Ensuring compliance with the Lease Financing Policy. 6.5.2. Informing the Finance and Technology Department of any leases entered into that qualify under this policy. 7. Related Documents: 7.1. O.Req. 653/05 7.2. Purchasing By-law 7.3. Debt Management Policy 8. Inquiries: 8.1. Manager, Accounting Services/Deputy Treasurer 8.2. Manager, Financial Planning/Deputy Treasurer 9. Revision History: Date Description of Changes Approved By �: • Page 78 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 5, 2024 Report Number: FSD-007-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Authored by: File Number: Report Subject: Mary -Anne Dempster, CAO Resolution#: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology By-law Number: 2023 Annual Commodity Hedging Report and Commodity Hedging Policy Update Recommendations: 1. That Report FSD-007-24, and any related delegations or communication items, be received; 2. That the Commodity Hedging Policy attached to Report FSD-007-24, as attachment 1, be approved; 3. That Schedule B to Report COD-054-08, as the "Commodity Price Hedging Agreements Statement of Policies and Goals" be replaced by the "Commodity Hedging Policy" and 4. That all interested parties listed in Report FSD-007-24, and any delegations be advised of Council's decision. Page 79 Municipality of Clarington Report FSD-007-24 Report Overview Page 2 This report complies with the annual requirements to report to Council on the status of the existing commodity hedging agreements. The Municipality hedged natural gas in 2023 to mitigate risks resulting market volatility. This report also provides an updated, modernized, policy for Commodity Hedging replacing the previous policy statement from 2008. 1. Background 1.1 Under Ontario Regulation 653/05, the Treasurer must report on an annual basis to Council regarding the status of existing commodity hedging agreements, including a comparison of the expected results to the actual use of the arrangements and confirmation that they comply with the Municipality's policies and goals. 1.2 As required by the Municipal Act, 2001, Council adopted a Commodity Price Hedging Agreement Statement of Policies and Goals in report COD-054-08, on October 6, 2008. In this statement of policies and goals, the responsibilities are delegated as follows: a. The Deputy CAO/Treasurer (at the time Director of Finance/Treasurer) or designate is responsible for the financial administrative matters pertaining to commodity price hedging. b. The Director of Corporate Services or designate is responsible for the procurement and contractual administrative matters pertaining to commodity price hedging. 1.3 The designate for the Director of Corporate Services was the Purchasing Manager. Following the 2020 reorganization, this position has moved to the Finance and Technology Department and reports to the Deputy CAO/Treasurer. 2. 2023 Annual Reporting Matters Natural Gas Hedging 2.1 Through the Co-operative Buyers Group, Request for Proposal issued by the Region of Durham and approved through Report COD-003-20, the Municipality has an existing energy consulting agreement with Blackstone Energy Services Inc., Toronto, for the provision of consulting and related services for the supply of natural gas. Blackstone acts as an independent agent of the Municipality of Clarington to execute direct '� Municipality of Clarington Page 3 Report FSD-007-24 purchase agreements. The term is for three years with an option to extend two additional one-year terms. 2.2 The Municipality's energy consumption trends have been studied since 2008. Detailed budget estimates are made based on these consumption trends and pricing projections of the various utilities, including natural gas, for the Municipality's operating departments. This information and the procurement strategy aimed at reducing risk and stabilizing cost continue to focus on the need for a stable natural gas supply contract. 2.3 Blackstone Energy Services Inc., as directed by the Municipality of Clarington, is authorized to enter into fixed -priced natural gas agreements as required, considering market conditions at any given time. Previously, natural gas was supplied from two pools — Dawn (southwestern Ontario) and Empress (western Canada). The Municipality's natural gas is now supplied from the Dawn hub. 2.4 The Municipality of Clarington has natural gas commodity hedging agreements up to October 2026. These agreements are consistent with the Municipality's statement of policies and goals for using financial agreements to address commodity pricing and costs. In May 2022, in consultation with Blackstone, the Municipality entered into two hedging agreements. One was from November 2022 to October 2023, where 50% of the gas supply was hedged, and a second was from November 2023 to October 2024, where 40% was hedged. 2.5 In December 2022, the Municipality entered into additional hedges after consultation with Blackstone. From November 2022 to March 2023, 20% of the supply is based on an anticipated colder winter season. As well as for the period November 2024 to October 2025 for 30% of the supply and for November 2025 to October 2026 for 20%. 2.6 Staff receive regular market intelligence and analysis on the natural gas market from Blackstone Energy Services. With the information from Blackstone, the Municipality can proactively respond to the market conditions to ensure a secure supply source and cost certainty where determined to be prudent. Page 81 Municipality of Clarington Page 4 Report FSD-007-24 2.7 Based on the recommendation of Blackstone Energy Services, the Municipality entered into the hedging agreements, all via the Dawn hub, shown in the following chart: November 1, 2022 to 7.650 0.294 50 Fixed October 31, 2023 November 1, 2022 to March 7.435 0.286 20 Fixed 31, 2023 November 1, 2023 to 5.350 0.206 40 Fixed October 31, 2024 November 1, 2024 to 5.595 0.215 30 Fixed October 31, 2025 November 1, 2025 to 5.575 0.214 20 Fixed October 31, 2026 Notes: Costs are landed and do not include local toles from CDA Enbridge to Union Dawn. Gigajoules (GJ) conversion to cubic meters (m3) assume 1 GJ = 26 m3. 2.8 The following chart shows the Enbridge natural gas rates, including transportation. October 1 to December 31, 2022 I $0.3311/m3 January 1 to March 31, 2023 I $0.2813/m3 April 1 to June 30, 2023 I $0.1956/m3 Page 82 Municipality of Clarington Report FSD-007-24 July 1 to September 30, 2023 � $0.2014/m3 October 1 to December 31, 2023 I $0.2124/m3 January 1 to March 31, 2024 1 $0.1853 Page 5 2.9 In May and December of 2022, there was much uncertainty in the natural gas market due to several factors, including the Ukraine -Russia conflict. The Municipality entered into the hedges to maintain some budgetary stability. The Municipality is well positioned in the future with the current hedges for the next few years. 2.9 Another element of natural gas purchasing is that the Municipality sets the price on the bill (POB). The POB is developed to estimate the average cost of the gas, factoring in transportation costs. Setting the price on bill reduces the fluctuations over the year, similar to the concept behind consumer "equal billing" plans. The POB was reviewed in 2022 and adjusted upwards to $0.45/m3 to compensate for increasing natural gas prices. In 2023, the POB was reduced to $0.35/m3 from March 2023 to June 2023. In July 2023 the POB was reduced to $0.20/m3 and will remain at this point for 2024. This will be reviewed later in 2024. 2.10 The natural gas year is from November 1 to October 31. During this period the Municipality may use more gas than estimated during the heating season and less during the cooling season. These differences are settled in the Municipality's account at Blackstone with the gas suppliers. As of October 31, there may be a balance of gas owing or a supply of gas to be sold in the market based on the gas supply obligation from the estimate required versus actual usage. Blackstone advises the best time to settle the gas account for the best price (or hedge price if applicable), which is settled in the account. 2.11 The contracts met the procurement goal of reducing the risk and stabilizing the cost, as we have a fixed source of supply for most of the estimated requirement during the winter months at a fixed price with a reasonable consumption estimate. Electricity Hedging 2.12 To date, the Municipality has not hedged electricity. The structure of electricity hedging is different from natural gas. A significant portion of the large electricity accounts is the Global Adjustment. Only the electricity commodity can be hedged, typically done in Page 83 Municipality of Clarington Report FSD-007-24 Page 6 strips during peak use periods such as summer cooling. Hedging of the electricity commodity does not reduce the Global Adjustment charges. Blackstone does provide market updates on the electricity market. Electricity hedging could be explored in the future, but it is not anticipated that the Municipality will be hedging electricity in 2024. 3. Commodity Hedging Policy 3.1 The last policy statement on Commodity Hedging was approved by Council in 2008. As part of continuous improvement and updating policy formats to a consistent model, staff felt it appropriate to bring an updated policy to Council for consideration. Changes to the organizational structure since the initial policy also necessitated modernization of the statement of policy and goals to reflect current responsibilities. 3.2 The Draft Commodity Hedging Policy, see Attachment #1, is based on research from other municipalities, including the City of London. Adjustments have been made to suit Clarington's needs and policy framework. 4. Financial Considerations 4.1 Natural gas hedging is used to reduce risk in the volatility of pricing in our natural gas needs. Hedging provides consistent pricing on the commodity, which provides budgetary certainty. The Municipality enters into hedging agreements where it makes financial sense and only after consultation with commodity advisors. 4.2 The Municipality will enter into commodity hedging arrangements where there is a financial benefit to the Municipality. These benefits could include long-term financial and budgetary stability. 5. Strategic Plan 5.1 Creating a Commodity Hedging Policy supports priority L.2.5 Maintain, protect and invest in Municipal infrastructure and assets. Specifically, the policy will be used in developing the funding strategy for future capital investments and continued service delivery. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that the Report be received to meet the reporting requirements and that the new draft Commodity Hedging Policy be approved. Municipality of Clarington Report FSD-007-24 Page 7 Staff Contact: Catherine Carr, Project Manager, Financial Systems and Policy, 905-623-3379 ext 2606 or ccarr@clarington.net. Attachments: Attachment 1 — Draft Commodity Hedging Policy Interested Parties: There are no interested parties to be notified of Council's decision. Page 85 Attachment 1 to Report FSD-007-24 Council Policy Clarftmn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Number: CP-00# Title: Commodity Hedging Type: Financial Management Sub -type: Financial Instruments Owner: Finance and Technology Financial Planning Approved By: Council Approval Date: February 26, 2024 Effective Date: February 26, 2024 Revised Date: Click or tap to enter a date. Applicable to: All Staff 1. Legislative or Administrative Authority: 1.1. The Municipal Act, 2001, S.17(2) states that the Minister may make regulations prescribing financial actions for the purpose of clause (1). This includes the ability for the Municipality to enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt. 1.2. The Province of Ontario Regulation 653/05: Debt -Related Financial Instruments and Financial Agreements outlines the requirements for a municipality to enter into an agreement under Part II of the Municipal Act, 2001 for the supply of a commodity and entering into a financial agreement to minimize the cost or financial risk associated with incurring debt for the commodity. 2. Purpose: 2.1. The purpose of this policy is to adopt a statement of the Municipality's commodity price hedging policies and goals. Section 6(1) of O.Reg. 653/05 requires the adoption of such a statement prior to the Municipality entering into commodity price hedging agreements. 3. Scope: 3.1. This policy applies to all commodity price hedging agreements that the Municipality may enter into. Page 1 of 5 Page 86 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 4. Definitions: 4.1. Commodity - means, whether in the original or a processed state, an agricultural product, a forest product, a product of the sea, a mineral, a metal, a hydrocarbon fuel, electricity, a precious stone or other gem and other physical goods but does not include chattel paper, a document of title, an instrument, money or securities. 4.2. Commodity Price Hedging Agreement - A municipality that plans to enter an agreement under Part II of the Municipal Act for the supply of a commodity required for a municipal system may enter into one or more financial agreements to minimize the cost or financial risk associated with incurring debt for the commodity. 4.3. Contract Agent — means an external agent, contractor, consultant, or other representative retained by the Municipality to assist with the procurement, sale and/or delivery of commodities for the Municipality in accordance with the Municipality's Purchasing By-law. 4.4. Electricity Market - is a system for effecting purchases through bids to buy, sales through offers to sell, and short-term trades, generally in the form of financial or obligation swaps. Bids and offers use supply and demand principles to set the price. 4.5. Energy Commodity - includes electricity, natural gas, propane, coal, and oil. 4.6. Municipality — the Corporation of the Municipality of Clarington. 5. Policy Requirements: Statement of Commodity Price Hedging Policies and Goals. 5.1. The Municipality will consider commodity price hedging agreements as a means of fixing, directly or indirectly, or enabling the Municipality to fix, the price or range of prices to be paid by the Municipality for the future delivery of some or all of the commodity or the future cost to the Municipality of an equivalent quantity of the commodity, where it is advantageous for the Municipality to do so. Page 2 of 5 Page 87 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.2. In determining whether a particular commodity price hedging agreement is advantageous for the Municipality, the following will be considered: 5.2.1. Any and all projects of the Municipality are projects for which commodity price hedging agreements will be appropriate; 5.2.2. If, at the time, it is the opinion that the fixed costs and estimated costs of the Municipality will be reduced by virtue of the use of such an agreement; 5.2.3. If, at the time, it is the opinion that the future price or cost to the Municipality of the applicable commodity will be lower or more stable than it would be without the agreement; 5.2.4. If, at the time, the project includes a detailed estimate of the expected result of using such an agreement; 5.2.5. If, at the time, it is the opinion that the financial and other risks to the Municipality that would exist with the use of such an agreement will be lower than the financial and other risks to the municipality that would exist without such an agreement; 5.2.6. If, at the time, it is the opinion that the agreement contains adequate risk control measures relating to such an agreement, such as: a) Limited credit exposure based on credit ratings and/or on the degree of regulatory oversight and/or the regulatory capital of the other party to the agreement; b) A standard agreement c) Ongoing monitoring with respect to the agreement. Authority and Accountability 5.3. The Deputy CAO, Finance and Technology/Treasurer is the designated person responsible for the administrative matters pertaining to commodity price hedging and will delegate certain administrative duties and responsibilities to internal staff and external agents. 5.4. The Deputy CAO, Finance and Technology/Treasurer, or their designate, is authorized to enter into contracts for the purpose of securing a physical supply Page 3 of 5 '� Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 of commodities that are required by the Municipality in its normal course of operation and to engage a Contract Agent in accordance with the Municipality's purchasing policies. Report on Commodity Price Hedging Agreements 5.5. If a municipality has any subsisting commodity price hedging agreements in a fiscal year, the Treasurer of the Municipality shall prepare and present to the municipal council once in that fiscal year, or more frequently if the council so desires, a detailed report on all of those agreements. O. Reg. 653/05, s. 7 (1). 5.6. The report must contain the following information and documents: 5.6.1. 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. 5.6.2. A statement by the Treasurer indicating whether, in his or her opinion, 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 financial agreements to address commodity pricing and costs. 5.6.3. Such other information as the council may require. Such other information as the Treasurer considers appropriate to include in the report. 6. Roles and Responsibilities: 6.1. Council is responsible for: 6.1.1. Setting the Commodity Hedging Policy. 6.2. Chief Administrative Officer (CAO) is responsible for: 6.2.1. Ensuring the Municipality is compliant with this policy and the legislative requirements of the Municipal Act, 2001. 6.3. Deputy CAO, Finance and Technology / Treasurer is responsible for: 6.3.1. Establishing relevant processes and controls for implementing commodity price hedging agreements. Page 4 of 5 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 6.3.2. Negotiating and administering all commodity price hedging agreements. 6.3.3. Ensuring that all commodity price hedging agreements comply with this policy. 6.3.4. Reporting to Council all required legislative information regarding commodity price hedging agreements. 6.4. Directors / Managers are responsible for the following within their scope of authority: 6.4.1. Ensuring that appropriate staff are trained on this policy. 6.5. All Staff are responsible for: 6.5.1. Ensuring compliance with this policy. 7. Related Documents: 7.1. O.Req. 653/05 7.2. Purchasing By-law 8. Inquiries: 8.1. Manager, Financial Planning/Deputy Treasurer 8.2. Manager, Accounting Services/Deputy Treasurer 9. Revision History: Date Description of Changes Approved By Page 5 of 5 Page 90 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 15, 2024 Report Number: PUB-001-24 Submitted By: Reviewed By: Authored By: File Number: Lee -Ann Reck, Deputy CAO, Public Services Mary -Anne Dempster, CAO Resolution#: George Acorn, Director Community Services By-law Number: Report Subject: South Bowmanville Recreation Centre — Architectural Services Recommendations: 1.1 That Report PUB-001-24, and any related delegations or communication items, be received; 1. That the Purchasing By-law 2021-077 be waived to give the CAO authority to approve staff recommendation for the awarding of the RFP 2023-10 Architectural (Prime Consultant) Services for the South Bowmanville Recreation Centre; and 2. That the CAO be authorized to execute the necessary agreements, in a form acceptable to the Deputy CAO/Solicitor and the Deputy CAO/Treasurer. Page 91 Municipality of Clarington Report PUB-001-24 Report Overview Page 2 This report is requesting Council approval to provide the CAO the authority to award a contract for the architectural services of the South Bowmanville Recreation Centre and to execute the contract for these services. With the expected opening of this new facility to the public in the summer of 2026, staff are making these recommendations to expedite the commencement of this work. 2. Background 2.1 The Request for Proposal (RFP) for the Architectural (Prime Consultant) Services for the South Bowmanville Recreation Centre was published on December 22, 2024. The RFP is scheduled to close on January 29, 2024. 2.2 Following the closing of the RFP, a review committee, consisting of staff from Purchasing and Community Services with a representative of Colliers Project Leaders, will review all compliant bids and make a recommendation to award, directly to the CAO. Upon approval, staff will prepare the contract and supporting documentation for execution by the CAO. 2.3 With the objective of completing the construction of this facility for summer 2026, it would be beneficial to have the design phase commence as soon as possible. By providing authority to the CAO this could result in an estimated saving of 4-5 weeks, which is critical at the initial stages of a project of this size. 3. Project Next Steps 3.1 Following the award of the RFP, the successful proponent will commence work with the project team in the Program Scope and Development Phase. The Municipality has developed a brief functional program for project. It will be the Architect's responsibility to refine and finalize any existing program, resulting in the final Functional Building Program (FBP). 3.2 Next will follow the Concept Design Phase. With the project team, the Architect will develop a Concept Plan which represents the form, size, character, and massing of the facility based on approved FBP and includes an Architectural design and Class D estimate. The completion of this phase represents the first major milestone of the project and will require the Municipality's approval prior to moving onto the next design phases. It is estimated this will be completed in May 2024. Page 92 Municipality of Clarington Report PUB-001-24 4. Financial Considerations Page 3 4.1 The architectural services costs have been considered in the overall project budget previously approved by Council. The recommendations contained in this report will have no adverse impact on the approved project budget. 5. Strategic Plan The design and construction of the South Bowmanville Recreation Centre is a priority project within the Strategic Plan objective to cultivate a strong, thriving and connected community where everyone is welcome. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that Council approve the recommendations in this report, which will expedite the design phase for this new facility, which is scheduled to be open to the public in July 2026. Staff Contact: George Acorn, Director Community Services, 905 623-3379 ext. 2502 or gacorn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 93 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: February 5, 2024 Report Number: FSD-008-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Authored by: File Number: Mary -Anne Dempster, CAO Resolution#: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology By-law Number: Report Subject: Delegation of Authority to Single Source Equipment for Outdoor Rinks Recommendations: 1. That Report FSD-008-24, and any related delegations or communication items, be received; 2. That the CAO be given delegated authority to single source the purchase of refrigeration equipment for the construction of outdoor skating rinks as authorized by Resolution #C-122-23; and 3. That all interested parties listed in Report FSD-008-24, and any delegations be advised of Council's decision. Page 94 Municipality of Clarington Report FSD-008-24 Report Overview Page 2 Council approved on September 25, 2023, authority for the CAO to enter into contracts for the construction of two outdoor skating rinks, one in Newcastle and one in Courtice. Further, the recently adopted Strategic Plan has outlined as a priority of Council the development of outdoor ice-skating amenities in the community. This report seeks to obtain authority for the CAO to single source the refrigeration equipment necessary for the development of the ice pads. This equipment would be from the same provider which provides refrigeration equipment for indoor ice-skating surfaces that the Municipality owns and operates. 1. Background 1.1 On September 25, 2023, Council approved Resolution #C-122-23 which included delegated authority to the CAO to award contracts for the construction of two outdoor skating rinks, given an upset budget of $8,000,000. 1.2 The Municipality has entered into a design contract with BBA for the design of the skating rinks. This work is currently underway and a tender for the construction services to build the Courtice Community Complex skating surface is expected to be released in the next two months. 1.3 There is lead time required for the procurement of the necessary refrigeration equipment that would be used in the artificially refrigerated skating surfaces. Community Services staff have identified Cimco Refigeration as a preferred vendor for this equipment. 1.4 Cimco has provided similar work in the past including the recent renovations to the Newcastle Arena, Orono Arena, Garnet B. Rickard, and South Courtice Arena. 1.5 Staff are familiar with the equipment, training and maintenance needs of this equipment and certifications required to operate this equipment. 1.6 To ensure the equipment is ready in time for the construction of the ice pad, a single source is requested to ensure that timeframes are met, and the equipment is ready when needed. 2. Financial Considerations 2.1 The cost of the equipment is anticipated to be within the budgetary limit set by Council. The CAO has the authority to enter into agreements. However, the previous resolution did not explicitly provide authority to enter into single source agreements. Page 95 Municipality of Clarington Page 3 Report FSD-008-24 2.2 There is the risk that a single source is not the lowest bid; however, the reduced costs for training on different equipment, inventory of spare parts, and staff efficiency mitigate this risk. Further, the public tender processes for both the Orono and Newcastle arena upgrades in 2022 and 2023 resulted in Cimco equipment being used; it is, therefore, likely that in an open process, this equipment would ultimately be chosen. 2.3 This authority is not for the construction of the surfaces; it is solely to purchase the required refrigeration equipment for delivery when construction is underway. 3. Strategic Plan 3.1 This report supports the actions necessary to complete C.4.3 "Design and construct outdoor skating amenities." Specifically, action C.4.3.1 states that the Municipality will complete the design and construction of outdoor ice-skating amenities in Courtice and Newcastle. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the CAO be provided authority to single source the refrigeration equipment for the outdoor skating rinks previously approved through Resolution #C-122-23 Staff Contact: Ken Ferguson, Manager, Facility Services, 905-623-3379 ext.2504 or kferguson@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 96 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEES MEETING RESOLUTION # DATE: February 5, 2024 MOVED BY Mayor Foster SECONDED BY Councillor Whereas the Municipal Freedom of Information and Protection of Privacy Act, 1990 (MFIPPA) has not been comprehensively reviewed in over 30 years; And whereas municipalities consider transparency an important tool for building and maintaining public trust and recognize the importance of continuously improving; And whereas municipal administrators need legislation that supports effective local program delivery, is responsive to current technology and reflects its original intent of open and accountable government; And whereas MFFIPA presents a number of challenges for municipal staff which can hinder its effectiveness and efficiency when it comes to serving the public; And whereas municipalities should have updated legislation that ensures municipal resources are best allocated; increases trust in public institutions through strengthening accountability, transparency and responsiveness; and addresses the needs of the digital era; And whereas the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO) has comprehensively reviewed MFIPPA and put forward recommendations in their submission "Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act" Now therefore be it resolved that the Ministry of Public and Business Service Delivery be requested to review MFIPPA and consider recommendations as outlined by AMCTO within their submission, "Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act"; and That a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Public and Business Service Delivery, local MPPs, AMO, AMCTO. 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