CITY OF WINDSOR AGENDA 3/29/2021
City Council Meeting
Date: Monday, March 29, 2021 Time: 10:45 o’clock a.m.
Location: Council Chambers, 1st Floor, Windsor City Hall
All members will be participating electronically and will be counted towards quorum in accordance with Procedure By-law 98-2011 as amended, which allows for electronic meetings during a declared emergency. The minutes will reflect this accordingly.
MEMBERS: Mayor Drew Dilkens
Ward 1 – Councillor Fred Francis
Ward 2 – Councillor Fabio Costante
Ward 3 – Councillor Rino Bortolin
Ward 4 – Councillor Chris Holt
Ward 5 – Councillor Ed Sleiman
Ward 6 – Councillor Jo-Anne Gignac
Ward 7 – Councillor Jeewen Gill
Ward 8 – Councillor Gary Kaschak
Ward 9 – Councillor Kieran McKenzie
Ward 10 - Councillor Jim Morrison
City Council Meeting - March 29, 2021 Page 1 of 133 ORDER OF BUSINESS
Item # Item Description 1. ORDER OF BUSINESS
1.1. In the event of the absence of the Mayor, Councillor Costante has been Appointed Acting Mayor for the month of March, 2021 in accordance with By-law 176-2018, as amended
2. CALL TO ORDER
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
4. ADOPTION OF THE MINUTES
5. NOTICE OF PROCLAMATIONS
6. COMMITTEE OF THE WHOLE
7. COMMUNICATIONS INFORMATION PACKAGE (This includes both Correspondence and Communication Reports)
7.2. Mayor, Councillors and Appointees Statement of Remuneration and Expenses for 2020 (C 33/2021)
7.3. Response to CQ 20-2020 Regarding Remnant Alley Parcels ("Orphaned Lands") - City Wide (C 237/2020)
7.4. Response to CQ 35-2020 - Dirty Yard Repeat Offenders - City Wide (C 31/2021)
7.5. Response to CQ 26-2020: Challenges and Opportunities to Developing a Local Preference Policy - City Wide (C 19/2021)
City Council Meeting - March 29, 2021 Page 2 of 133 8. CONSENT AGENDA
8.1. Delegation of Authority Annual Report for the period January 1, 2020 through December 31, 2020 - City Wide (C 30/2021)
8.2. Award of Proposal No. 23-21 Bicycle/Scooter Sharing Program – Pilot Project - WARDS 2, 3, 4, 5 (C 26/2021)
9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS
10. PRESENTATIONS AND DELEGATIONS
PRESENTATION:
10.1. Windsor Salt (SCM 78/2021) a) Pierre Girard, General Manager, Ojibway Mine
10.2. CR78/2021 (That the CAO and the Chair of ERCA appear before Council to address the loss of public funds as a result of the August 2020 phishing incident) a) Tim Byrne, CAO/Secretary-Treasurer; and Tania Jobin, Chair, Essex Region Conservation Authority (ERCA)
11. REGULAR BUSINESS ITEMS (Non-Consent Items)
11.1. Corporate Security Plan and Risk Assessment-City Wide (C 32/2021)
11.2. 2020 Status Report regarding Cannabis Retail Store Applications Submitted to AGCO – City Wide (C 34/2021)
11.3. CQ4-2019 Recreation and Culture - Events Approval Process - City Wide (C 8/2020)
12. CONSIDERATION OF COMMITTEE REPORTS
12.1. (i) Report of the Special In-Camera meeting or other Committee as may be held prior to Council (if scheduled)
13. BY-LAWS (First and Second Reading)
14. MOVE BACK INTO FORMAL SESSION
City Council Meeting - March 29, 2021 Page 3 of 133 15. NOTICES OF MOTION
16. THIRD AND FINAL READING OF THE BY-LAWS
17. PETITIONS
18. QUESTION PERIOD
19. STATEMENTS BY MEMBERS
20. UPCOMING MEETINGS
Development & Heritage Standing Committee Monday, March 22, 2021 4:30 p.m., Zoom Video Conference
International Relations Committee Tuesday, March 23, 2021 3:30 p.m., Zoom Video Conference
Environment, Transportation & Public Safety Standing Committee Wednesday, March 24, 2021 4:30 p.m., Zoom Video Conference
Diversity Committee Tuesday, March 30, 2021 10:00 a.m., Zoom Video Conference
Town & Gown Committee Thursday, April 1, 2021 10:00 a.m., Zoom Video Conference
Community Services and Parks Standing Committee Wednesday, April 7, 2021 9:00 a.m., Zoom Video Conference
Development & Heritage Standing Committee Monday, April 12, 2021 4:30 p.m., Zoom Video Conference 21. ADJOURNMENT
City Council Meeting - March 29, 2021 Page 4 of 133 Item No. 7.2
Council Report: C 33/2021
Subject: Mayor, Councillors and Appointees Statement of Remuneration and Expenses for 2020
Reference: Date to Council: March 29, 2021 Author: Jocelyn De Luna Financial Analyst 519-255-6100 Ext 6334 [email protected] Financial Accounting Report Date: March 12, 2021 Clerk’s File #: ACO/7090
To: Mayor and Members of City Council
Recommendation:
THAT the report of the City Treasurer regarding the Mayor, Councillors and Appointees 2020 Statement of Remuneration and Expenses BE RECEIVED for information.
Executive Summary:
N/A
Background:
Statement of Remuneration
In compliance with the Municipal Act, each year the City Treasurer provides a report to Council that itemizes the remuneration paid and expenses reimbursed in the previous year to:
(a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council;
(b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and
(c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body.
City Council Meeting - March 29, 2021 Page 5 of 133 Page 1 of 3 Additionally, in order to fully reflect travel cost, the report also includes travel related expenses that were not reimbursed but paid directly by the municipality and attributable to an individual.
Furthermore, on April 16, 2012 Council Resolution M182-2012 directed as follows:
“That the report of the City Treasurer dated March 30, 2012 regarding Councillors and Appointees 2011 Statement of Remuneration and Expenses BE RECEIVED for information, and further, that Administration BE DIRECTED, on a go-forward basis, to ENDEAVOR to include in future reports, the same information currently collected for City Councillors, for City appointees to City agencies, boards and commissions, provided that they are not subject to any legislative restrictions.”
As required by Council Resolution M182-2012, the additional information collected is reflected in Appendix D – Schedule of Mayor, Council and Appointees Remuneration and Expenses for 2020 from City ABC’s (Direct Payments Made by the Listed Organizations) attached.
Discussion: The following schedules are attached relative to the Statement of Remuneration requirements:
Appendix A – Schedule of Mayor and Council Remuneration for 2020
Appendix B – Schedule of Council and Appointees Expenses for 2020
Appendix C – Schedule of Appointees Remuneration for 2020
Appendix D – Schedule of Mayor, Council and Appointees Remuneration and Expenses for 2020 from City Agencies, Boards, Commissions
Appendix E – Schedule of Mayor’s Business and Travel Expenses for 2020
Risk Analysis: Failure to provide this information to City Council would result in non-compliance with the Municipal Act.
Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation: N/A
Financial Matters:
See Appendices.
City Council Meeting - March 29, 2021 Page 6 of 133 Page 2 of 3
Consultations: Individuals consulted in the preparation of this report included: 1. Najet Bako, Payroll 2. Becky Murray, Council Services 3. Christine Chauvin, Mayor’s Office
Conclusion:
To Council for information.
Approvals:
Name Title
Deputy Treasurer-Financial Accounting Dan Seguin and Corporate Controls
Chief Financial Officer & City Treasurer Joe Mancina and Corporate Leader Finance and Technology
Valerie Critchley City Clerk
Onorio Colucci Chief Administrative Officer
Notifications:
Name Address Email
N/A
Appendices:
Appendix A – Schedule of Mayor and Council Remuneration for 2020 Appendix B – Schedule of Council and Appointees Expenses for 2020 Appendix C – Schedule of Appointees Remuneration for 2020 Appendix D – Schedule of Mayor, Council and Appointees Remuneration and Expenses for 2020 from City Agencies, Boards, Commissions
Appendix E – Schedule of Mayor’s Business and Travel Expenses for 2020
City Council Meeting - March 29, 2021 Page 7 of 133 Page 3 of 3 APPENDIX A
THE CORPORATION OF THE CITY OF WINDSOR SCHEDULE OF MAYOR AND COUNCIL REMUNERATION FOR 2020
BASE TAXABLE TAXABLE NAME SALARY BENEFITS AMOUNT Mayor DILKENS, ANDREW "DREW" $ 196,521.66 $ 9,855.87 $ 206,377.53 Councillor BORTOLIN, RINO $ 46,320.84 $ 210.77 $ 46,531.61 COSTANTE, FABIO $ 46,320.84 $ 210.77 $ 46,531.61 FRANCIS, FRED $ 46,320.84 $ 210.77 $ 46,531.61 GIGNAC, JO-ANNE $ 46,320.84 $ 210.77 $ 46,531.61 GILL, JEEWEN (2) $ 10,584.10 $ 35.16 $ 10,619.26 HOLT, CHRIS $ 46,320.84 $ 210.77 $ 46,531.61 KASCHAK, GARY $ 46,320.84 $ 210.77 $ 46,531.61 MCKENZIE, KIERAN $ 46,320.84 $ 210.77 $ 46,531.61 MORRISON, JAMES $ 46,320.84 $ 210.77 $ 46,531.61 SLEIMAN, AOUNAD "ED" $ 46,320.84 $ 210.77 $ 46,531.61 TOTAL COUNCILLORS $ 427,471.66 $ 1,932.09 $ 429,403.75
Notes: (1) As of January 2019, the annual salaries no longer include the tax-free Municipal Officers Allowance. (2) Ward 7 Councillor effective October 9, 2020.
City Council Meeting - March 29, 2021 Page 8 of 133 APPENDIX B
SCHEDULE OF COUNCIL AND APPOINTEES EXPENSES FOR 2020
Councillor Description Destination From To Amount (1) Total (1) Phone charges to attend a Bortolin, Rino N/A 2020 $ 135.00 council meeting remotely $ 135.00 Costante, Fabio (no amounts for 2020) $ - Francis, Fred (no amounts for 2020) $ - Gignac, Jo-Anne (no amounts for 2020) $ - Gill, Jeewen (no amounts for 2020) $ - Holt, Chris Office Equipment (2) N/A 2020 $ 532.67 Congress for New Urbanism - St.Paul, Minnesota 9-Jun-20 13-Jun-20 $ 147.74 $ 680.41 Cancelled (Administrative Fee) Kaschak, Gary (no amounts for 2020) $ - McKenzie, Kieran (no amounts for 2020) $ - Morrison, James (no amounts for 2020) $ - Sleiman, Aounad "Ed" (no amounts for 2020) $ -
(1) Amounts listed are Canadian Equivalent. (2) Councillors are provided a $2,500 monetary consideration (per 4-year term) to purchase their own office equipment. ($1,967.33 reported in 2019 and $532.67 reported in 2020)
City Council Meeting - March 29, 2021 Page 9 of 133 APPENDIX B (Continued)
SCHEDULE OF COUNCIL AND APPOINTEES EXPENSES FOR 2020
Appointee Description Destination From To Amount(1) Total(1) Alexander, Kevin Honorarium (ACHF Covid 19 (Jurors for 2020 Arts, Culture & Windsor, ON $ 500.00 $ 500.00 Enhanced Funding Round) Heritage Fund) Bujold-Abu, Talysha Honorarium (ACHF Covid 19 (Jurors for 2020 Arts, Culture & Windsor, ON $ 500.00 $ 500.00 Enhanced Funding Round) Heritage Fund) Deckard, Natalie Delia Honorarium (ACHF Covid 19 (Jurors for 2020 Arts, Culture & Windsor, ON $ 500.00 $ 500.00 Enhanced Funding Round) Heritage Fund) McMahon, Tom Local Mileage Windsor, ON 2020 2020 $ 323.91 $ 323.91 (Committee of Adjustment) Schweitzer, Carley Honorarium (ACHF Covid 19 (Jurors for 2020 Arts, Culture & Windsor, ON $ 500.00 $ 500.00 Enhanced Funding Round) Heritage Fund) Shields, Vanessa Honorarium (ACHF Covid 19 (Jurors for 2020 Arts, Culture & Windsor, ON $ 500.00 $ 500.00 Enhanced Funding Round) Heritage Fund) Sleiman, Mike Local Mileage Windsor, ON 2019 2020 $ 719.32 $ 719.32 (Committee of Adjustment)
(1) Paid in 2020
City Council Meeting - March 29, 2021 Page 10 of 133 APPENDIX C
SCHEDULE OF APPOINTEES REMUNERATION FOR 2020
WINDSOR-DETROIT WINDSOR POLICE APPOINTEES TUNNEL TOTAL SERVICES BOARD CORPORATION
Ghanam, Denise 5,416.70 5,416.70 DiCarlo, Aldo 6,500.04 6,500.04 de Verteuil, Robert 6,500.04 6,500.04 Pingle, Charles 300.00 300.00 TOTAL $ 18,416.78 $ 300.00 $ 18,716.78
City Council Meeting - March 29, 2021 Page 11 of 133 APPENDIX D
SCHEDULE OF MAYOR, COUNCIL AND APPOINTEES REMUNERATION AND EXPENSES FOR 2020 FROM CITY AGENCIES, BOARDS, COMMISSIONS ( DIRECT PAYMENTS MADE BY THE LISTED ORGANIZATIONS * )
* This information was provided by the organizations listed below. Amounts were paid by these organizations directly to or on behalf of these individuals.
REMUNERATION ALL OTHER EXPENSES (9)+(6)=(10) (9) (8) (7) (5)+(4)+(3)=(6) (5) (4) (3) (2) ﴿1) NAME POSITION BASE BOARD TAXABLE SUBTOTAL DESCRIPTION DATES AMOUNT TOTAL WITHIN RETAINER/ PAYMENTS BENEFITS OF (FROM/ OF OF ORGANIZATION MEETING REMUNERATION TO) ALL OTHER REMUNERATION ATTENDANCE FEES EXPENSES AND ADHOC ALL OTHER INDIVIDUAL EXPENSES MEETING PAYMENTS Downtown Windsor Business Improvement Association Horwitz, Larry Past Chair $ - $ - Parking Tokens 2020 $ 37.50 $ 37.50 Yeomans, Brian Chair $ - $ - Business Meeting Aug 25, 2020 $ 78.65 $ 78.65 Yeomans, Brian Chair $ - $ - Parking Tokens 2020 $ 25.00 $ 25.00 Papadeas, Pat Vice Chair $ - $ - Parking Tokens 2020 $ 25.00 $ 25.00 Datoc, Bryan Treasurer $ - $ - Parking Tokens 2020 $ 25.00 $ 25.00 Enwin Energy Ltd Francis, Eddie Chair $ 8,235.00 $ 8,235.00 $ - $ 8,235.00 de Verteuil, Rhea Director $ 7,776.00 $ 7,776.00 $ - $ 7,776.00 Ioanidis, Gregory Director $ 7,776.00 $ 7,776.00 $ - $ 7,776.00 Enwin Utilities Ltd Taqtaq, Abe Vice Chair $ 18,666.00 $ 18,666.00 $ - $ 18,666.00 Fenn, Garnett Director $ 17,316.00 $ 17,316.00 $ - $ 17,316.00 Ioanidis, Gregory Director $ 5,490.00 $ 5,490.00 $ - $ 5,490.00 Muzzati, Leo Director $ 14,616.00 $ 14,616.00 $ - $ 14,616.00 Orr, Andrea Director $ 15,966.00 $ 15,966.00 $ - $ 15,966.00 Wilkki, George Director $ 14,616.00 $ 14,616.00 $ - $ 14,616.00 Roseland Golf & Curling Club (Note 1) Bello, Diletta Board Member $ - $ - Board Benefit 3 x 9 holes 2020 $ 105.00 $ 105.00 McKenzie, Kieran Board Member $ - $ - Board Benefit 1 x 18 holes 2020 $ 110.00 $ 110.00 Wintemute, Bruce Board Member $ - $ - Board Benefit 10 x 18 holes 2020 $ 1,245.00 $ 1,245.00
Windsor Canada Utilities Ltd Laforet, Kevin Director $ 15,966.00 $ 15,966.00 $ - $ 15,966.00 Udell, Jerry Director $ 15,966.00 $ 15,966.00 $ - $ 15,966.00
Note: 1. Roseland Board Members have the option if they so choose , to golf once per week: 18 holes at Roseland with a guest and one golf cart or 9 holes at Little River with a guest and one cart.
City Council Meeting - March 29, 2021 Page 12 of 133 APPENDIX D (Continued)
SCHEDULE OF MAYOR, COUNCIL AND APPOINTEES REMUNERATION AND EXPENSES FOR 2020 FROM CITY AGENCIES, BOARDS, COMMISSIONS ( DIRECT PAYMENTS MADE BY THE LISTED ORGANIZATIONS * )
* This information was provided by the organizations listed below. Amounts were paid by these organizations directly to or on behalf of these individuals.
REMUNERATION ALL OTHER EXPENSES (9)+(6)=(10) (9) (8) (7) (5)+(4)+(3)=(6) (5) (4) (3) (2) ﴿1) NAME POSITION BASE BOARD TAXABLE SUBTOTAL DESCRIPTION DATES AMOUNT TOTAL WITHIN RETAINER/ PAYMENTS BENEFITS OF (FROM/ OF OF ORGANIZATION MEETING REMUNERATION TO) ALL OTHER REMUNERATION ATTENDANCE FEES EXPENSES AND ADHOC ALL OTHER INDIVIDUAL EXPENSES MEETING PAYMENTS Windsor Essex Community Housing Corp Clemens, Marina Board Chair $ - $ - Mileage 2020 $ 202.37 $ 202.37 Morris, Mark Board Vice Chair $ - $ - Mileage 2020 $ 64.90 $ 64.90 Meloche, Leo Board Treasurer $ - $ - Mileage 2020 $ 64.43 $ 64.43 Acton, Ken Board Director $ - $ - Mileage 2020 $ 5.78 $ 5.78 Coltman, Linda Board Director $ - $ - Mileage 2020 $ 9.20 $ 9.20 Cooke, Dave Board Director $ - $ - Mileage 2020 $ 31.62 $ 31.62 Sullens, Jack Board Director $ - $ - Mileage 2020 $ 16.99 $ 16.99 Windsor Essex County Health Unit Bortolin, Rino City Appointee $ - $ - Mileage 2020 $ 3.89 $ 3.89 Costante, Fabio City Appointee $ - $ - Mileage 2020 $ 12.27 $ 12.27 Kaschak, Gary City Appointee $ - $ - Mileage 2020 $ 9.79 $ 9.79 Sleiman, Ed City Appointee $ - $ - Mileage 2020 $ 13.92 $ 13.92 Windsor Public Library Travel & Meal Expenses to Bortolin, Rino Chair $ - $ - accept award on behalf of Feb 20, 2020$ 605.84 $ 605.84 WPL Windsor Utilities Commission Hawkins, Julian Commissioner $ 8,322.96 $ 8,322.96 $ - $ 8,322.96 Lawson, Doug Commissioner $ 8,322.96 $ 8,322.96 $ - $ 8,322.96 Sonego, Mario Commissioner $ 8,322.96 $ 8,322.96 $ - $ 8,322.96 Sovran, Egidio Commissioner $ 8,322.96 $ 8,322.96 $ - $ 8,322.96 Your Quick Gateway (Windsor) Inc. Chisholm, John Board Member $ 4,299.84 $ 4,299.84 $ - $ 4,299.84 Discenza, Renato Board Member $ 4,299.84 $ 4,299.84 $ - $ 4,299.84 Ray, Michael Board Member $ 4,299.84 $ 4,299.84 $ - $ 4,299.84 Scislowski, Toni Board Member $ 4,299.84 $ 4,299.84 $ - $ 4,299.84 Virk, Kulveer Board Member $ 4,299.84 $ 4,299.84 $ - $ 4,299.84
City Council Meeting - March 29, 2021 Page 13 of 133 APPENDIX D (Continued)
SCHEDULE OF MAYOR, COUNCIL AND APPOINTEES REMUNERATION AND EXPENSES FOR 2020 FROM CITY AGENCIES, BOARDS, COMMISSIONS ( DIRECT PAYMENTS MADE BY THE LISTED ORGANIZATIONS * )
* This information was provided by the organizations listed below. Amounts were paid by these organizations directly to or on behalf of these individuals.
REMUNERATION ALL OTHER EXPENSES (9)+(6)=(10) (9) (8) (7) (5)+(4)+(3)=(6) (5) (4) (3) (2) ﴿1) NAME POSITION BASE BOARD TAXABLE SUBTOTAL DESCRIPTION DATES AMOUNT TOTAL WITHIN RETAINER/ PAYMENTS BENEFITS OF (FROM/ OF OF ORGANIZATION MEETING REMUNERATION TO) ALL OTHER REMUNERATION ATTENDANCE FEES EXPENSES AND ADHOC ALL OTHER INDIVIDUAL EXPENSES MEETING PAYMENTS Note: The following organizations reported zero amounts. Ford City BIA $ - $ - $ - $ - $ - $ - Olde Riverside BIA $ - $ - $ - $ - $ - $ - Ottawa Street BIA $ - $ - $ - $ - $ - $ - Pillette Village BIA $ - $ - $ - $ - $ - $ - Sandwich Improvement Area (BIA) $ - $ - $ - $ - $ - $ - Transit Windsor $ - $ - $ - $ - $ - $ - Via Italia / Erie St. BIA $ - $ - $ - $ - $ - $ - Walkerville BIA $ - $ - $ - $ - $ - $ - Windsor-Detroit Borderlink Corporation $ - $ - $ - $ - $ - $ - Windsor-Essex Economic Development Corp $ - $ - $ - $ - $ - $ - Windsor Police Services Board $ - $ - $ - $ - $ - $ - Wyandotte Town Centre BIA $ - $ - $ - $ - $ - $ -
City Council Meeting - March 29, 2021 Page 14 of 133 APPENDIX E
SCHEDULE OF MAYOR'S BUSINESS AND TRAVEL EXPENSES FOR 2020
MAYOR DREW DILKENS Date Total City Description Location Expense (1) From To Expense (1) Meeting with Minister Mulroney London, ON 17-Jan-20 17-Jan-20 $243.30 Big City Mayors Conference Ottawa, ON 5-Feb-20 7-Feb-20 $1,772.92 Meeting Re: Economic Development (Mileage) Blenheim, ON 2-Jul-20 2-Jul-20 $99.95 Meeting with Minister of Finance Ajax, ON 15-Oct-20 17-Oct-20 $786.99 $2,903.16
Notes: (1) Amounts listed are Canadian Equivalent.
City Council Meeting - March 29, 2021 Page 15 of 133 Item No. 7.3
Council Report: C 237/2020
Subject: Response To CQ 20-2020 Regarding Remnant Alley Parcels ("Orphaned Lands") - City Wide
Reference: Date to Council: March 29, 2021 Author: Jude Malott Executive Initiatives Coordinator 519-255-6100 ext 6408 [email protected] Legal Services, Real Estate & Risk Management Report Date: November 27, 2020 Clerk’s File #: APM2021
To: Mayor and Members of City Council
Recommendation: That Council RECEIVE this report for information.
Executive Summary:
N/A
Background: On July 27, 2020, Councillor Sleiman asked the following Council Question:
CQ 20-2020:
I ask that Administration provide a report on options that are available to address remnant closed alley pieces, known as “orphaned land”, that have not been purchased by the abutting owners and remain in City ownership.
Administration has identified 1498 remnant alley parcels of varying sizes and shapes currently in existence across Windsor. Often landlocked by private property, these parcels abut just over 5900 residential lots across Windsor. A map and table displaying this data is included in Appendix A.
On April 7, 2014 City Council authorized the implementation of the Alley Closing Subsidy Program (ACSP). This pilot program provided staff dedicated to processing alley closures and financial subsidy for the often substantial administrative, legal and survey costs associated with conveying remnant alley parcels. As part of the 2019 budget deliberations, Council discontinued the ACSP pilot and incorporated a subsidized component into the Regular Alley Closing Program. The remaining balance from the ACSP was transferred to the
City Council Meeting - March 29, 2021 Page 16 of 133 Page 1 of 3 Regular Program to cover the non-staff costs associated with making an application, legal surveys and land purchases (Council Report C 39/2019, Decision Number B26/2019).
Discussion: The City cannot require land owners to purchase or otherwise acquire remnant parcels abutting their property. Land owners can be incentivized to assume remnant parcels, but there is little the City can do if nearby owners do not wish to purchase them.
While the ACSP was operating, staff proactively reached out to residential owners abutting remnant alley parcels with an offer to convey the land for a flat $100 fee. Inconsistencies between City and Land Registry Office records often complicated the land conveyance process and added unanticipated costs, like surveys. When these issues arose, all costs not recovered through the fee were paid by the ACSP’s subsidy account. Despite the savings offered, most property owners contacted chose not to purchase the remnant alley parcels. As a result, this proactive approach was ended.
The map and table data in Appendix A give an indication of the effort involved in proactively contacting residential land owners regarding a remnant alley parcel. With the conclusion of the ACSP, the specialized staff previously administrating the program returned to their permanent positions. Existing staff compliments cannot absorb the work associated with proactively approaching land owners.
Residential owners interested in purchasing remnant closed alley parcels abutting their land can still apply to do so by contacting the Street and Alley Legal Clerk. The City currently offers remnant alley parcels zoned either RD1 or RD2 to abutting residential land owners for $1 plus deed preparation ad survey costs if applicable. When remnant closed alley parcels abut properties zoned RD3, a commercial zoning category, or an industrial zoning category, the City establishes a market rate value for them.
The City could prevent remnant alley parcels from being created in the future by requiring 100% acquisition of all alley portions as a condition for alley closure. However, this would effectively stop any application for alley closure if all parcels could not be conveyed to an abutting owner.
Risk Analysis: There are no risks associated with receiving this report for information.
Because the City cannot require the purchase or other acquisition of closed alley parcels, there is always risk that the City will remain the owner of these “orphaned lands”. This is a calculated risk that must be tolerated.
Climate Change Risks
Climate Change Mitigation:
N/A
City Council Meeting - March 29, 2021 Page 17 of 133 Page 2 of 3 Climate Change Adaptation:
N/A
Financial Matters: There are no financial implications associated with receiving this report for information.
Consultations: Jacqueline Cabral, Street and Alley Legal Clerk
Neil Robertson, Manager of Urban Design / Deputy City Planner
Michael Cooke, Manager of Planning Policy / Deputy City Planner
Frank Scarfone, Manager of Real Estate Services
Kate Tracey, Legal Counsel
Josie Gualtieri, Financial Planning Administrator
Conclusion: Options to address remnant alley parcels are limited because the City cannot compel property owners to buy them. Previous proactive approaches to encourage their sale saw limited adoption and proved time- and resource-intensive. Existing staffing and capital resources are needed to resume proactive outreach or subsidized programs.
Planning Act Matters: N/A
Approvals: Name Title
Wira Vendrasco Deputy City Solicitor
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A: Remnant Parcels Map and Data Table
City Council Meeting - March 29, 2021 Page 18 of 133 Page 3 of 3 Appendix A: Remnant Parcels Map and Data Table C 237/2020
Ward Remnant Parcels Abutting Properties 1 129 218 2 172 778 3 38 42 4 62 275 5 350 1461 6 177 772 7 44 110 8 194 913 9 120 456 10 212 884 Total 1498 5909
City Council Meeting - March 29, 2021 Page 19 of 133 Item No. 7.4
Council Report: C 31/2021
Subject: Response to CQ 35-2020 - Dirty Yard Repeat Offenders - City Wide
Reference: Date to Council: March 29, 2021 Author: Susan Hirota Senior Legal Counsel 519-255-6100 ext 6493 [email protected]
Aadil Nathani Student-at-Law 519-255-6100 ext 6406 [email protected]
Legal Services, Real Estate & Risk Management Report Date: March 12, 2021 Clerk’s File #: SW2021
To: Mayor and Members of City Council
Recommendation: That Council RECEIVE the response to CQ 35-2020 for information.
Executive Summary: n/a
Background:
At the Council meeting of December 21, 2020 Councillor Sleiman asked the following question:
CQ 35-2020
Assigned to City Solicitor
Asks administration to REPORT BACK to City Council with amendment to the Yard Waste, Exterior Property Maintenance and Littering By-law (By-law 3-2006) with respect to repeat offenders that receive multiple orders to comply. Repeat offenders must not be given the 7 days notice to comply. Fines and other fees apply immediately.
City Council Meeting - March 29, 2021 Page 20 of 133 Page 1 of 3 Discussion:
The subject matter of Council Question 35-2020 is substantially similar to Council Question 2-2017. The response to CQ 2-2017 is attached for reference as Appendix A. The state of the law has not changed since the response to CQ 2-2017.
The Municipal Act, 2001 remains the authority for By-law 3-2006. Pursuant to the Municipal Act, the municipality may issue work orders requiring compliance. The municipality has the authority to set the date by which compliance must be achieved. Our current by-law requires compliance within seven days of written notice for most infractions. The only exception is if there is an immediate danger to the health or safety of any person, in which case there is no notice requirement and the City may take any necessary action to remedy the dangerous condition. It would not be advisable to deviate from our current system as the courts have held that property owners are generally entitled to a reasonable amount of time to bring their property into compliance.
Since the response to CQ 2-2017, however, the Fees and Charges By-law has been amended and repeat offenders are now subject to an additional $215 administrative fee for repeat offences within a calendar year. Unpaid administrative fees are added to the registered owner’s property taxes.
There is no ability to apply an immediate fine to a repeat or first time offender. Fines are imposed by the Provincial Offences Court only after a conviction has been registered. The amount of the fine is within the sole discretion of the court although submissions from the prosecutor and the convicted party are requested and considered. Generally speaking, increasing fine amounts are imposed upon repeat offenders, however, ability to pay is a factor that is taken into account. Maximum fine amounts are reserved for the worst offender in the worst circumstances.
Risk Analysis:
If no notice or compliance period is given to repeat offenders and the City undertakes the remediation of the property there is a risk that the costs expended would be unrecoverable if a court determines that notice and time to comply should have been given.
Climate Change Risks
Climate Change Mitigation: n/a
Climate Change Adaptation: n/a
Financial Matters:
There are no financial impacts associated with the receipt of this report.
City Council Meeting - March 29, 2021 Page 21 of 133 Page 2 of 3 Consultations:
None.
Conclusion: Removal of the seven day notice period for repeat offenders is not recommended. The imposition of an additional $215 administrative fee on repeat offenders, however, is intended to act as a deterrent in these situations.
Approvals: Name Title
Aadil Nathani Student-at-Law
Susan Hirota Senior Legal Counsel
Shelby Askin Hager City Solicitor and Corporate Leader, Economic Development and Public Safety
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A - Response to CQ 2-2017
City Council Meeting - March 29, 2021 Page 22 of 133 Page 3 of 3 APPENDIX A Item No.
Legal Services, Real Estate & Risk Management
MISSION STATEMENT “Our City is built on relationships – between citizens and their government, businesses and public institutions, city and region – all interconnected, mutually supportive, and focused on the brightest future we can create together”
REPORT #: C 161/2017 Report Date: 9/12/2017 Author’s Contact: Date to Council: 10/02/2017 Susan Hirota Clerk’s File #: SB2017 Legal Counsel 519-255-6100 x6493 [email protected]
To: Mayor and Members of City Council
Subject: Response to CQ2-2017 –immediate prosecution of repeat offenders without providing time to comply (Property Standards By-law and Yard Maintenance and Anti-Littering By-law)
RECOMMENDATION:
That this response to CQ2-2017 be RECEIVED for information.
EXECUTIVE SUMMARY:
N/A
BACKGROUND:
On January 9, 2017, Councillor Gignac asked the following question:
CQ2-2017:
Asks if current property standards by-law allows for fines to be levied without mandatory compliance times being allowed for repeat offenders; if not request draft amendments for Council to consider.
DISCUSSION:
A municipality does not levy fines against offenders. If voluntary compliance cannot be achieved, the municipality initiates a prosecution against an offender by laying a charge. Only after the municipality has proven beyond a reasonable doubt that an offence
Page 1 of 5
COUNCILCity Council AGENDA Meeting -- OctoberMarch 29, 2, 20212017 PagePage 23 7 ofof 364133 occurred is a fine imposed by the Ontario Provincial Offences Court. The amount of the fine is determined solely by the presiding Justice of the Peace although input from the prosecutor is requested.
When problematic property conditions occur, municipal enforcement typically takes place under the authority of either the Property Standards By-law or the Yard Maintenance and Anti-Littering By-law.
If the property conditions do not constitute an immediate danger or hazard, property owners or occupants are given time to bring the property into compliance with the applicable by-law. Proceeding with an immediate prosecution against repeat offenders with no opportunity to comply is not recommended for the reasons outlined below.
Property Standards By-law 147-2011
The Building Code Act is the authority for the Property Standards By-law and requires that a property standards order contain certain information including time to comply with the order. The order must also advise the recipient of the right to appeal the order to the Property Standards Committee within fourteen days of being served with the order. The courts have said that those fourteen days effectively create a minimum period within which remedial work cannot be required to be completed. The owner or occupant can further appeal a decision of the Property Standards Committee to the Superior Court of Justice.
The courts have said that past problems the municipality may have experienced with a property owner should not inappropriately influence a decision to set short deadlines for compliance with an order.
The courts have also said that property owners are entitled to be treated fairly. They are entitled to know what defects on their property need to be repaired and they also need to be given a reasonable time to complete the repairs.
When determining what a reasonable compliance period is, the courts have taken the following factors into consideration: the severity of the violation, public safety, the complexity of the repairs, the requirement for permits, the need for plans to be drawn up, seasonal conditions, availability of materials or trades people to do the repairs, the length of time required to have experts attend and prepare necessary reports, and whether the property owner has a good explanation for needing time to comply when considered against factors favouring expedition.
If the property conditions pose an immediate danger to the health or safety of any person, the property standards officer can write an order requiring that remedial repairs or other work be carried out immediately to terminate the danger. The property standards officer also has the authority to take any measures necessary to terminate the danger. After serving the order, the property standards officer must apply to the Page 2 of 5
COUNCILCity Council AGENDA Meeting -- OctoberMarch 29, 2, 20212017 PagePage 248 of of 364 133 Superior Court of Justice to confirm the order. A hearing is held to determine whether the order should be confirmed, modified or rescinded and to determine whether the amount the municipality spent on measures to terminate the danger may be recovered in whole, in part or not at all.
If the property conditions do not pose an immediate danger to the health or safety of any person, the offender is given time to comply. If voluntary compliance is not forthcoming a prosecution can be commenced. Typically most offenders will eventually comply once they are taken to court unless they lack the financial means to do so. If the offender is convicted, the court takes into consideration any similar, previous convictions when determining the appropriate penalty. Generally speaking, increasing fines are imposed with each subsequent conviction although the court does have discretion to decrease the amount of the fine or waive it completely after taking into consideration the nature of the offence (serious or non-serious) and the offender’s ability to pay. If the offender has not corrected the non-compliant property condition at the time of conviction, the court can impose a larger fine than what might otherwise have been imposed had the property been brought into compliance. The court can also grant a prohibition order under the Building Code Act restraining the offender from continuing or repeating the offence. If the offender does not comply after the prohibition order has been granted, additional proceedings can be initiated by the municipality.
When the property conditions do not create an immediate danger to the health or safety of any person, the Building Department does not undertake the repairs on behalf of the property owner or occupant because of the expense involved, the potential need for permits and the exposure to liability. Although the cost of the repairs can be added to the property taxes, the taxes are often in arrears for the same reason the property has fallen into disrepair - the owner lacks the funds. In addition, it would take several years for the municipality to recover the cost of the repairs through a tax sale.
Yard Maintenance and Anti-Littering By-law 3-2006
The Municipal Act, 2001 is the authority for the Yard Maintenance and Anti-Littering By- law and permits the municipality to issue a work order requiring correction of a by-law contravention. The order must set out reasonable particulars of the contravention, the work to be done, and the date by which the work must be done.
The courts have held that in order to comply with the by-law, the property owner must remove the refuse within a reasonable period of time after notification. The courts have also said that the municipality is given a wide scope in establishing what is reasonable in the particular circumstances.
The Yard Maintenance and Anti-Littering By-law does so by requiring compliance within seven days of notification:
to keep a private drain in repair; Page 3 of 5
COUNCILCity Council AGENDA Meeting -- OctoberMarch 29, 2, 20212017 PagePage 259 of of 364 133 to alter or relay a private drain; to provide for the sanitary disposal of sewage and drainage from the property; to clean, clear or remove from the property or yard any refuse; to cease using the property for the dumping or disposing of refuse; to cover, screen, shield or enclose any refuse, in the manner specified in the Notice; to remove any standing water from the property; to remove any inoperative motor vehicles from the property; to remove, trim or cut grass or ground cover to a height of less than 31 centimetres (12 inches); to remove weeds; to take any action the Director or Officer deems necessary to bring the property into compliance with this By-law; to remove weeds, ashes, paper, building material, rubbish or other refuse from an alley or lane; to remove graffiti, stains, painted slogans and other defacements.
Under the by-law, where yard conditions constitute a hazard to members of the public, no notice or time to comply is required.
When voluntary compliance cannot be achieved, the By-law Enforcement Unit typically contracts out the cleanup and the cost is added to the property taxes. Most cleanups involve removing refuse or cutting long grass, do not involve great expense and the liability risk is minimal.
RISK ANALYSIS
Under the Property Standards By-law, no enforcement action can be taken for a minimum of fourteen days due to the requirements of the Building Code Act unless there is an immediate risk to the health or safety of any person, in which case an order can be written requiring immediate compliance. If the Property Standards By-law was amended to allow for the immediate prosecution of repeat offenders with no compliance period provided, even if the property conditions do not constitute an immediate risk to the health or safety of any person, the amendment would contravene the Building Code Act.
The Yard Maintenance and Anti-Littering By-law appropriately distinguishes between hazardous and non-hazardous yard conditions. If the by-law was amended to allow for immediate prosecution of repeat offenders, without providing any time to comply and without any consideration of the circumstances, it would likely be viewed as Page 4 of 5
COUNCILCity Council AGENDA Meeting -- OctoberMarch 29, 2, 20212017 Page 1026 of 364133 unreasonable by the court and the ability to obtain a conviction would be negatively impacted.
FINANCIAL MATTERS:
N/A
CONSULTATIONS:
John Revell, Chief Building Official Bill Tetler, Manager of By-law Enforcement
CONCLUSION:
Amending the Property Standards By-law and the Yard Maintenance and Anti-Littering By-law to completely remove compliance periods for repeat offenders is not recommended. To do so would cause the by-laws to be in contravention of the authorizing statutes and/or court decisions. If something less than seven days notice is desirable for repeat offenders of the Yard Maintenance and Anti-Littering By-law, it could be amended to provide the enforcement officers with the discretion to reduce the seven day notice period in appropriate cases.
APPROVALS:
Name Title
Susan Hirota Legal Counsel
Shelby Askin Hager City Solicitor
Valerie Critchley acting for Onorio Colucci Chief Administrative Officer
NOTIFICATIONS:
Name Address Email
APPENDICES:
Page 5 of 5
COUNCILCity Council AGENDA Meeting -- OctoberMarch 29, 2, 20212017 Page 1127 of 364133 Item No. 7.5
Council Report: C 19/2021
Subject: Response to CQ 26-2020: Challenges and Opportunities to Developing a Local Preference Policy - City Wide
Reference: Date to Council: March 8, 2021 Author: Shelby Askin Hager City Solicitor & Corporate Leader, Public Safety and Economic Development 519-255-6100 ext 6424 [email protected]
Alex Vucinic Purchasing Manager 519-255-6100 ext 6280 [email protected]
Legal Services, Real Estate & Risk Management Report Date: February 10, 2021 Clerk’s File #: AL2021
To: Mayor and Members of City Council
Recommendation: THAT this report BE RECEIVED by Council for information.
Executive Summary: n/a
City Council Meeting - March 29, 2021 Page 28 of 133 Page 1 of 8 Background:
On 14 September 2020, Councillor McKenzie posed CQ 26-2020 as follows:
“That Administration bring back a report that outlines the challenges and opportunities to develop a local procurement policy.”
The requirement to have a procurement policy is captured by section 270 of the Municipal Act, 2001, and is satisfied by the City’s Purchasing By-law, 93-2012. Addressing local procurement within the context of a purchasing policy is referred to as a “local preference.” A local preference means an advantage would be given to bidders located within a specific region when bidding on a purchasing opportunity; in this case the City of Windsor, or potentially the County of Essex as a whole.
The idea of ensuring local support is maximized has been addressed by Council many times in the past.
• In July, 1990, Council was presented with a report on the Discriminatory Business Practices Act in response to CQ234-90 The purpose of the report was to present the state of the law with respect to giving preference to local bidders on a tender.
• In February, 1999, in response to CQ 27-99, with the aim of advising Council whether they could favour a local bidder over outside vendors.
• The topic was further touched upon in 2012 when Council received a report regarding the adoption of a new Purchasing By-law.
Based on the information received at that time, a local preference policy was not recommended nor adopted. Further developments in the law surrounding public procurement does not support the adoption of a specific local preference policy, although other opportunities exist that can be implemented where feasible.
Discussion:
I. Challenges
The concept of a generally-applicable local preference as opposed to specific location- based criteria in appropriate contexts is not supportable on a number of bases. Prior to the evolution of procurement law and standards in Ontario over the last several decades, some policies did exist although Administration is not aware of any municipalities that currently employ such a policy given that to do so would not be on sound legal footing.
In addition to the common law of tender, the City is also bound by the following pieces of legislation:
Purchasing Bylaw 93-2012 (the “Purchasing By-law”)
City Council Meeting - March 29, 2021 Page 29 of 133 Page 2 of 8 Canadian Free Trade Agreement (“CFTA”)
Canadian European Trade Agreement (“CETA”)
United States-Mexico-Canada Agreement (“USMCA”)
Discriminatory Business Practices Act (“DBPA”),
Broader Public Sector Procurement Directive (when purchasing goods or services with funding from provincial sources as may be required)
a) Purchasing Bylaw:
The Purchasing by-law was developed in 2012 and represented a progressive departure from the cumbersome and challenging procurement policy previously in place. It was created taking into consideration all best practices, applicable legislation, and with significant industry consultation with the City’s vendors. The By-law provides for a mandatory review every four years, which has been diligently undertaken, including ongoing consultation, and reported to Council incorporating any new amendments.
The By-law prohibits a procurement policy that gives preference to local business. The relevant section (24) of the by-law reads as follows:
No Discrimination
The Discriminatory Business Practices Act and the Trade Agreements forbid the granting of a preference to a local Supplier as a form of discrimination, therefore in compliance with the law and the Trade Agreements:
a. The City shall not discriminate between the Deliverables of a particular province, city or geographic region and the Deliverables of another province, city or geographic region.
b. The City shall not discriminate between the Suppliers of a particular province, city or geographic region and the Suppliers of another province, city or geographic region.
b) The Trade Agreements The CFTA, CETA and USMCA are all multi-lateral agreements among separate trade jurisdictions governing trade mobility within certain regions. USMCA replaced NAFTA as the treaty governing the North American trade relationships, CETA applies to trade with the European Union, and CFTA is a Canadian treaty applicable to trade between provinces. All of these trade agreements include requirements to allow generally unimpeded access to markets above a certain dollar threshold.
c) Discriminatory Business Practices Act: This is a piece of provincial legislation that is intended to prohibit discrimination in business relationships. The Act defines discriminatory business practices as:
City Council Meeting - March 29, 2021 Page 30 of 133 Page 3 of 8 4 (1) 1. A refusal to engage in business with a second person, where the refusal,
i. Is on account of an attribute,
A. Of the second person, or
B. Of a third person with whom the second person conducts, has conducted or may conduct business; and
ii. Is a condition of the engaging in business of the person making the refusal and another person.
Requiring local presence without a rational connection to the product or service being acquired would constitute a discriminatory business practice under the DBPA because those not meeting that standard would be “refused” the opportunity to engage in business.
d) Broader Public Sector Procurement Guidelines (BPS)
In 2011, the Ontario Government introduced a series of directives to the broader public sector which included a directive addressing public procurement. BPS is not currently applicable to municipalities, presumably because legislative provisions requiring procurement policies already exist for municipalities, however these directives represent best practices in terms of fairness and compliance with other jurisdictional procurement rules and, as such, were incorporated in the City’s Purchasing By-law. While the City and other municipalities are not specifically required to comply with BPS for all purchasing processes, the expenditure of provincial funding for projects by the City is generally required to comply with BPS directives.
BPS provides that all evaluation criteria must comply with the non-discrimination portion of the Directive:
7.2.14 Mandatory Requirement #14: Non-Discrimination Organizations must not discriminate or exercise preferential treatment in awarding a contract to a supplier as a result of a competitive procurement process. BPS also requires adherence to its own Supply Chain Code of Ethics, which is reflected in the City’s Purchasing By-law and is fundamentally the same as other procurement codes of ethics, including those to which the City’s procurement professionals are bound as members of the Ontario Public Buyers’ Association:
Accountability and Transparency. Supply Chain Activities must be open and accountable. In particular, contracting and purchasing activities must be fair, transparent and conducted with a view to obtaining the best value for public money. All participants must ensure that public sector resources are used in a responsible, efficient and effective manner.
II. Opportunities
The above challenges relate to the introduction of an indiscriminate policy to prefer local interests, but there are opportunities as well that are leveraged to ensure that valid
City Council Meeting - March 29, 2021 Page 31 of 133 Page 4 of 8 interests and concerns relating to the location of a business can form part of the evaluation of a submission.
Although the legislative and regulatory framework around procurements must be strictly followed, these confines do allow the ability to recognize certain criteria as being relevant and important to the successful delivery of a good or service.
Procurement criteria and requirements are always dependant on each individual project, and in scenarios where local criteria are necessary, the City has the right to demand local service. In an RFP, these scenarios result in selection based upon a cost/benefit analysis. If a local preference can increase project value, there may be opportunity to include geography-based criteria in the evaluation process.
For example, in a construction project, it is beneficial for the general contractor to have a local presence to deal with the day-to-day matters and be available on short notice. Accordingly, part of the evaluation in an RFP may include assigning points to how a proponent satisfies the local presence criteria.
Local knowledge may be essential to successful service delivery – for example, land surveying – and points can be allocated in an evaluation based on the level of local experience and awareness one may have. If it is necessary to ensure equipment is near at hand or a short response time can always be met, then a local office or yard is mandatory to a successful outcome. The current contracts for waste and provincial offenses enforcement require local offices and yards to support the agreement. If there is a requirement for employees to attend at the vendor’s site, then it is imperative that the site be nearby – this is the case with shoe and clothing suppliers for employee uniforms. If there is a meaningful reason related to the specific procurement, certain locality requirements may not only be permitted but may in fact be necessary. Within the Purchasing By-law, other opportunities exist to choose vendors without a formal procurement process. At lower dollar amounts, vendors can simply be chosen via Small Purchase Order (SPO) or else solicited directly to provide quotations to supply a good or service. In most cases, these vendors are local suppliers who are known to the City and therefore experience an advantage. The City also undertakes local educational events and “procurement open houses” to assist local vendors in navigating the purchasing process, including discussions regarding the RFP process and being competitive within that sphere.
It is important to note that local suppliers often have an inherent cost advantage that arises from being located close to the delivery point for the services, and from being fully aware of local conditions in a way that external vendors are not able to replicate. This can be demonstrated in the following chart:
Contracts Over $25,000
Located in Windsor Outside of Located in Essex Windsor/Essex Total
City Council Meeting - March 29, 2021 Page 32 of 133 Page 5 of 8 County County Procurements
2019 101 14 50 165
2020 71 22 60 153
Over the past two years, 54% of all contracts in excess of $25,000 were performed by Windsor-based companies while an additional 11% of these contracts were performed by Essex County-based companies; overall, 66% of larger procurements went to companies in the Windsor-Essex region. This does not account for smaller dollar purchases which more frequently tend to be local given the nature of the purchasing processes.
With the ever-increasing globalization of trade, the circumstances under which location is relevant to the subject matter of a procurement are not particularly numerous, but in those situations where there is a demonstrable link between location and service value, then that criteria should be reflected.
Risk Analysis:
A blanket local preference policy is not supported by law. Implementation of such a policy would result in legal challenges and a loss of public confidence in the City’s procurement processes. Even leaving aside the legislative prohibitions on a blanket local preference policy, there are practical challenges and consequences that come from such a policy.
1. Costs. By limiting the pool of potential bidders on a procurement, the potential to reduce the competitiveness of the remaining bidders is a significant risk; having a deliberately limited bidder pool based on criteria not related to the good or service being supplied lessens the incentive to provide the best value for money on the part of the bidders.
2. Interpretation. Verification of what the requirement to be “local” means could be very difficult; whether it means Windsor or Essex County as a whole; whether it demands full business presence or some local base of operations and to what extent; whether it demands a percentage of local content or workforce and how that is assessed; and in the context of large businesses, whether the requirement is ownership or location.
In any procurement with a qualitative aspect (a prequalification or request for proposals, for example) administration frequently encounters challenges from bidders during the process regarding the established criteria, and then following the closing from unsuccessful competitors regarding the manner in which their proposals were evaluated. Introducing an element unrelated to the substance of the procurement would significantly exacerbate that issue.
3. Opportunity/reciprocity. If a jurisdiction prefers only bidders from its own area, then the risk exists that other jurisdictions would then specifically exclude those bidders from their own processes; this can be illustrated by the now-repealed
City Council Meeting - March 29, 2021 Page 33 of 133 Page 6 of 8 Fairness is a Two-Way Street Act, in which Ontario responded to trade limitations in Quebec by imposing restrictions on Quebec trade in Ontario.
Many vendor groups are represented by large, industry-wide associations that seek to advance the interests of all their members rather than a specific subset at the expense of others. As a result, sometimes individual bidders who belong to the larger associations may refuse to submit bids as a protest in response to solicitations where the association has identified its disagreement with a process, policy, or decision affecting the solicitation.
The risks of not utilizing valid and supported local content or service requirements where the specific needs of a project demand it can result in the City not receiving the maximum value for money in that project.
Climate Change Risks
Climate Change Mitigation: n/a
Climate Change Adaptation: n/a
Financial Matters: There are no financial implications associated with the receipt of this report.
While utilising appropriate location-based criteria may mean less competition, this does not necessarily translate into increased costs, as the criteria would have been evaluated as adding value to the project as a whole. Wherever this criteria is being fairly and appropriately implemented, the following values are supported:
a. Support of local business and keeping jobs in the region;
b. Tax revenues re-invested in the region; and,
c. local business expansion and retention.
Consultations:
Dana Paladino, Deputy City Solicitor
Conclusion: In addition to being in violation of both legislation and various national and international trade treaties, indiscriminate local preference policies conflict with the fundamental public procurement principles of impartiality and full and open competition.
At the same time, however, if it is necessary and clearly relevant to the successful delivery of a good or service, then the inclusion of local procurement preferences should be one of many criteria in a “best value” evaluation and award process. Administration
City Council Meeting - March 29, 2021 Page 34 of 133 Page 7 of 8 always seeks to ensure that these criteria are represented whenever the project demands highlight a need for local presence, supply, or knowledge.
Approvals: Name Title
Alex Vucinic Purchasing Manager
Dana Paladino Deputy City Solicitor – Purchasing, Risk Management, and POA
Shelby Askin Hager City Solicitor and Corporate Leader Economic Development and Public Safety
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices:
City Council Meeting - March 29, 2021 Page 35 of 133 Page 8 of 8 Item No 8.1
Council Report: C 30/2021
Subject: Delegation of Authority Annual Report for the period January 1, 2020 through December 31, 2020 - City Wide
Reference: Date to Council: 3/29/2021 Author: Pina Ciotoli Executive Administrative Assistant 519-255-6100 ext. 6609 [email protected] Suite 520, 350 City Hall Square West Windsor, Ontario N9A 6S1 T. (519) 255-6100 x6609 CAO Office Report Date: 3/11/2021 Clerk’s File #: AS/7748
To: Mayor and Members of City Council
Recommendation: THAT the Delegation of Authority Annual Report for 2020 (January 1, 2020 through December 31, 2020) BE RECEIVED for information; and,
THAT City Council APPROVE adding to the Delegation of Authority By-law 208-2008 the authority for the Chief Administrative Officer to approve future adjustments to the Letter of Credit which may be required in order to fund the Transit Windsor pension deficit up to the maximum allowable amount of 15% of plan liabilities as determined by the annual Actuarial Valuation, and in consultation with the Executive Director of Transit Windsor and the City Treasurer and where such approval is given that Council BE ADVISED as part of the next annual pension report; and further,
THAT City Council AUTHORIZE the City Solicitor to amend the Delegation of Authority By-law 208-2008 to include the item noted above.
Executive Summary:
N/A
Background: The objective of the Delegation of Authority (DOA) process is to reduce the number of general administrative reports requiring City Council approval by delegating administrative responsibilities to senior management staff. This process is designed to streamline the council agenda, speed up delivery of standard approvals, improve
City Council Meeting - March 29, 2021 Page 36 of 133 Page 1 of 4 customer service and allow City Council more time to focus on policy, strategic planning, and major issues facing our city.
The DOA process was first approved in November 2004 (CR1063/2004, By-law 389- 2004) and further consolidated as By-law 208-2008 in December 2008 in order to include in the By-law additional items City Council had delegated to the Chief Administrative Officer (CAO) since the original By-law was drafted. Since then, as new items are delegated by City Council to the CAO for approval, By-Law 208-2008 is updated accordingly.
It is noted that all items approved by the CAO through this process are normally reported to City Council semi-annually through this report. However, due to evolving priorities and limited resources as a result of the COVID-19 global pandemic, the semi- annual report for January 1, 2020-June 30, 2020 was not submitted. Therefore, the 2020 report reflects an entire year of approved reports from January 1, 2020 to December 31, 2020.
Discussion: Recommended Amendment to the Delegation of Authority By-law 208-2008
Contributory Pension Plan for the Employees of Transit Windsor
The Contributory Pension Plan for the Employees of Transit Windsor (the “Plan”) is a defined benefit plan established to provide pension benefits to employees of Transit Windsor who met the eligibility requirements prior to December 31, 2019, as specified in the plan document. The Plan is registered with the Canada Revenue Agency (CRA) and the Office of the Superintendent of Financial Institutions (OSFI) under the Federal Pension Benefits Standards Act (PBSA). The Plan is also a registered pension plan as defined in the Income Tax Act and as such is not subject to income taxes. The Plan was closed to new participants and pensions were frozen as at December 31, 1999.
In order to ensure the Plan’s solvency deficit is properly funded, the PBSA requires the City to make certain “special payments”, either by cash contributions or by establishing letters of credit, as determined by annual actuarial valuations. The annual required contributions fluctuate annually depending on the value of the plan’s assets and obligations, which are impacted by a number of factors, including market returns and interest rates. In order to minimize the cash contributions required annually, and to limit the risk of overfunding the Plan, the City of Windsor uses a letter of credit to meet the funding requirements as set out by the actuarial valuations. Per CR 174/2018, City Council granted authority to the CAO pertaining to the Contributory Pension Plan for the Employees of Transit Windsor. The wording to amend the DOA By-law to add this authority was inadvertently omitted in the initial report. This report formally approves the amendment to the By-law.
Reporting Results for January 1, 2020 through to December 31, 2020
During 2020, a total of 439 reports were processed under “Delegation of Authority”. The top three (3) types of DOA reports approved in 2020 were:
City Council Meeting - March 29, 2021 Page 37 of 133 Page 2 of 4 Reports authorized by Purchasing By-law 93-2012: 35.5% Administrative Matters (formerly CR1413/1987): 12% Reports pertaining to Agreements with the City as Lessor, Grantor, Grantee, which includes Leases, Licenses, and Consents to Enter: 11.6%
A summary listing of all reports approved under delegated authority from January 1, 2020 to December 31, 2020 is attached for City Council’s review (Appendix B).
Also attached for this time period, is a spreadsheet outlining the report types approved for each Ward as well as a chart further illustrating the breakdown by report type (Appendices A and C).
Risk Analysis: The level of corporate risk is minimized by virtue of the Chief Administrative Officer By- Law 218-2002, the Delegation of Authority By-law 208-2008, and the Purchasing By-law 93-2012 which clearly outline approval and spending limits. Items outside the authority of these By-laws are not approved by Administration without a Council Resolution to do so. The $150,000 limit for CAO approval of expenditures as set out in the Purchasing By-law exists as one example of ongoing risk mitigation for the Corporation.
It is noted that with the previously approved amendment to the Purchasing By-law, the CAO may approve a requisition and make an award of a Request for Tender (RFT) greater than $150,000 provided the funds have been included in the Council-approved Operating or Capital Budgets, and the RFT Response does not exceed that approved budget. This does not include Requests for Proposals (RFPs) which still require City Council approval for amounts greater than $150,000.
Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation:
N/A
Financial Matters:
N/A
Consultations:
Elaine Castellan, Purchasing Supervisor
City Council Meeting - March 29, 2021 Page 38 of 133 Page 3 of 4 Conclusion:
This report, for the period of January 1, 2020 to December 31, 2020, is provided to City Council to fulfill an ongoing commitment for submitting reports outlining items approved by delegated authority as a means of monitoring all matters approved under Delegation of Authority By-law 208-2008.
Planning Act Matters: N/A
Approvals: Name Title
Pina Ciotoli Executive Administrative Assistant to the CAO
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A - Spreadsh by Type and Jurisdiction 2 Appendix B - Listing of Reports Approved under Delegation of Authority 3 Appendix C - Delegation of Authority - Chart
City Council Meeting - March 29, 2021 Page 39 of 133 Page 4 of 4 APPENDIX A
Spreadsheet by Type and Jurisdiction
For Period January 1, 2020 to December 31, 2020
DELEGATION OF AUTHORITY ITEM 1 2 3 4 5 6 7 8 9 10 City Wide Combined Grand Total Administrative Matters (delegated by CR232/2012) 6 2 2 33 1 44 Administrative Matters (formerly CR1413/87) 3 3 14 11 2 6 2 1 5 6 53 By-Law Amendments 1 1 1 3 2 1 5 14 CAO By-Law 28 28 City as Lessor; Grantor; Grantee 3 8 9 2 18 3 6 1 1 51 Committees, Executives, and Boards of Directors 3 3 Community Garden License Agreement 1 1 1 3 Emergency Plan (MOU) 1 1 Energy Agreement 1 1 2 Establishment of New Bank Accounts 1 1 Grant Application 2 1 1 4 8 Letter of Credit Adjustments 1 1 Letter of Non-Objection 1 1 2 Letter of Support 1 2 7 10 Non-Union Vacation Carryover 1 1 Property Transactions 1 3 1 5 Purchasing By-Law 8 11 13 3 5 3 5 1 9 7 85 6 156 Renewal of Existing Vending Zone Agreements 1 1 Sewer Agreement 1 12 2 4 7 3 4 1 34 Short Term Use of Facilities 1 1 Special Event Road Closure 3 1 4 Student and Youth Employment Opportunities Programs 1 8 1 10 Use of Tourism Reserve Fund (CR427/2018) 2 2 Vendor Discount 3 3 West Nile Larviciding Requirements 1 1 Grand Total 23 36 49 21 34 17 16 10 15 20 182 17 439
*The following reports are P&C and not detailed in this report: Most of the reports categorized as “CAO By-Law” relating to personnel matters approved under By-law 218-2002: CAO 130/2020; CAO 133/2020; CAO 134/2020; CAO 153/2020; CAO 168/2020; CAO 172/2020; CAO 193/2020; CAO 195/2020; CAO 224/2020; CAO 229/2020; CAO 234/2020; CAO 251/2020; CAO 269/2020; CAO 271/2020; CAO 274/2020; CAO 278/2020; CAO 3/2020; CAO 5/2020; CAO 54/2020; CAO 62/2020; CAO 64/2020; CAO 76/2020; CAO 91/2020; CAO 98/2020; CAO 5166; CAO 5173; CAO 5174; CAO 5175 Most of the reports categorized as “Legal Matters” relate to property transactions, City as Lessor/Grantor/Grantee, Purchasing By-Law or Administrative Matters (delegated by CR232/2012): CAO 101/2020; CAO 183/2020; CAO 209/2020; CAO 217/2020; CAO 226/2020; CAO 244/2020; CAO 247/2020; CAO 255/2020; CAO 273/2020; CAO 275/2020; CAO 277/2020; CAO 81/2020; CAO 82/2020; CAO 97/2020; CAOP 26/2020
City Council Meeting - March 29, 2021 Page 40 of 133 APPENDIX B
Listing of Reports Approved under Delegation of Authority July 1, 2020 – December 31, 2020 Ward 1
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Lease Agreement between City and CAW Local 200 Approved May 6, 2020 City as Lessor; Grantor; Grantee 127/2020 Computer for Kids - 4150 Sandwich St. Term: July 1, 2020 - June 30, 2021 Financials: $14,198.93/year excluding HST
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 138/2019 owner of 5168 Malden Rd. to permit a garage, (formerly CR1413/87) concrete walls, and brick pillar encroachments into the public right-of-way Financial Revenue: $1,149.25 CAO Agreement between the City and Erie St. Clair Local Approved Jun 18, 2020 Administrative Matters 143/2020 Health Integration Network to extend the Long-Term (delegated by CR232/2012) Care Home Service Accountability Agreement from June 30, 2020 to March 31, 2021 Financials: N/A
CAO Extension of Agreement between City and Windsor Approved Jan 30, 2020 Administrative Matters 157/2019 Detroit Bridge Authority (WDBA) for technical services (delegated by CR232/2012) during the Gordie Howe International Bridge Early Works Phase Term: January 1, 2020 - December 31, 2024 Financial Revenue: estimated $900,000 excluding HST (based on anticipated City resources i.e. staff time required to provide the requested Technical Services to project completion)
CAO Temporary Pandemic Pay from the Ministry of Long Approved Jul 16, 2020 Administrative Matters 176/2020 Term Care (delegated by CR232/2012) Financial Revenue: $892,676 CAO Consent to Enter Agreement between City and Board Approved Sep 17, 2020 City as Lessor; Grantor; Grantee 187/2020 of Trustees of Gethsemane Lutheran Church as part of the Cabana/Division Corridor Improvement Project Stage 1 archeological assessment at 1921 Cabana Rd W Term: August 10, 2020 - September 14, 2020 Financials: N/A
CAO Sanitary Sewer Agreement - 3155 Mark Ave. Approved Jan 28, 2020 Sewer Agreement 20/2020 Financials: No cost to City (Owner's Cost: $6,610.50)
CAO Amendment to Parking By-Law 9023 - Parking Approved Nov 12, 2020 By-Law Amendments 248/2020 Modifications - No Parking (Mount Carmel Dr) Financials: N/A
CAO Correcting Deed for Deleting Title from lease of 5458 Approved Dec 18, 2020 Administrative Matters 281/2020 Malden Rd (formerly CR1413/87) Financials: $77.62 excluding HST
City Council Meeting - March 29, 2021 Page 41 of 133 CAO Authorization for the CAO and City Clerk to execute a Approved May 1, 2020 Administrative Matters 29/2020 Memorandum of Understanding (MOU) with Bridging (delegated by CR232/2012) North America (BNA) for Administration to undertake a Class Environmental Assessment Report of the Ojibway Parkway Wildlife Overpass Financials: upset limit of $250,000 + HST (to be funded by BNA)
CAO Agreement between City via Huron Lodge and Erie Approved Feb 27, 2020 Administrative Matters 47/2020 St. Clair Local Health Integration Network (LHIN) (delegated by CR232/2012) regarding the amending Long-Term Care Home Service Accountability Agreement (LSAA) Financials: No cost to City CAO Authorization for the Executive Director Approved Apr 15, 2020 Emergency Plan (MOU) 53/2020 LTC/Administrator of Huron Lodge to sign the Request for a Contract Duty Officer and the Memorandum of Understanding between the Windsor Police Service and a Contract Duty Employer for mental health assistance in the Poplar Resident Home Area of Huron Lodge Financials: $2,185 excluding HST (Huron Lodge qualifies for a reimbursement of approximately $1,012 under the High Intensity Needs Fund (HINF) from the Ministry of Long-Term Care)
CAO Correcting Deeds Approved Mar 9, 2020 Administrative Matters 55/2020 Approval to correct title deficiency for the registered (formerly CR1413/87) owner of 5388 Malden Rd. on title for the property, transferring the Alley from the City to the Owner, and transferring the 10 foot strip from the Owner to the City Financials: Owner will bear the costs of registration of the correcting deeds, there will be no financial implications to the City
CAOP Agreement between City and Andrews Engineer for Approved Aug 13, 2020 Purchasing By-Law 107/2020 the Ojibway Trunk Sewer Rehabilitation Design Type: Sole Source Financials: $143,950 excluding HST
CAOP Agreement between City and Dillon Consulting for the Approved Sep 25, 2020 Purchasing By-Law 120/2020 purpose of Cabana Corridor Improvements - Dougall Ave to Highway 3 (CR273/2019) Type: Sole Source Financials: $703,500 excluding HST
CAOP Agreement between City and Clean Water Works for Approved Dec 11, 2020 Purchasing By-Law 166/2020 the Ojibway Sanitary Trunk Sewer Rehabilitation (CR496/2020) Type: Request for Tender #151-20 Financials: $3,631,468.00 excluding HST CAOP Agreement between City and The Essex Terminal Approved Apr 16, 2020 Purchasing By-Law 47/2020 Railway Company for the provision of design and construction of level crossing protection on Broadway Blvd. at the Essex Terminal Railway tracks (CR316/2017) Type: Sole Source Financials: upset limit of $460,152.85 excluding HST
CAOP Agreement extension between City and Aramark Approved Apr 15, 2020 Purchasing By-Law 51/2020 Canada Ltd. for the purpose of providing caretaking services at Huron Lodge Long Term Care Home for an additional six (6) month term (CR 181/2017) Type: Request For Proposal #126-16 Financials: $617,615.62 excluding HST
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City Council Meeting - March 29, 2021 Page 42 of 133 CAOP Renewal of Agreement between City and Medical Approved May 28, 2020 Purchasing By-Law 68/2020 Pharmacies Group Ltd. for pharmacy services for residents at Huron Lodge Term: 1 year Type: Request For Proposal #164-16 Financials: upset limit of $2,000 excluding HST
CAOP Agreement between City and Danruss Contracting for Approved Jul 22, 2020 Purchasing By-Law 72/2020 pavement upgrades at the Broadway Street/Essex Terminal Railway Crossing RFT #63-20 Type: Sole Source Financials: $168,800 excluding HST plus contingency of $15,000 excluding HST from Project ID 7141048 CAOP Agreement between City and Stantec Consulting Ltd. Approved Jan 2, 2020 Purchasing By-Law 85/2019 for Engineering Services for Structure #118-Curry Ave. at Grand Marais Drain (B9/2019) Type: Request for Tender #118-19 Financials: $88,600 excluding HST
Ward 2
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between City and property Approved Mar 9, 2020 Administrative Matters 11/2020 owner of 997 Curry Ave. to permit a wood fence onto (formerly CR1413/87) the public right-of-way Financial Revenue: $3,468.25
CAO Letter of Support for the Spreading Our Roots In Approved Jan 31, 2020 Letter of Support 13/2020 Sandwich Initiative – Community Organization Investment Application (COIA), Gordie Howe International Bridge, grant application by The Friends of the Court Financials: There is no cash contribution required from the City. The value of in-kind support, $8,000, is calculated through the estimation of staff time i.e. contributions of City expertise and some labour for planting. CAO Sanitary Sewer Agreement - 1022 Felix Ave. Approved Jun 4, 2020 Sewer Agreement 144/2020 Financials: No cost to City (Owner's Cost: $8,300)
CAO Sanitary Sewer Agreement - 704 McKay Ave. Approved Jun 4, 2020 Sewer Agreement 145/2020 Financials: No cost to City (Owner's Cost: $8,600)
CAO Sanitary Sewer Agreement - 1629 Laing St. Approved Jun 15, 2020 Sewer Agreement 149/2020 Financials: No cost to City (Owner's Cost: $9,275)
CAO Sanitary Sewer Agreement - 561 Josephine Ave. Approved Aug 10, 2020 Sewer Agreement 174/2020 Financials: No cost to City (Owner's Cost: $8,680)
CAO Lease Agreement between City and Common Ground Approved Jan 22, 2020 City as Lessor; Grantor; Grantee 18/2020 Art Gallery - 3277 Sandwich St., Room #40 (Mackenzie Hall Cultural Centre) Term: January 1, 2020 - December 31, 2020 Financials: $1,189.81/year excluding HST
CAO Sanitary Sewer Agreement - 929 McKay Ave. Approved Jan 8, 2020 Sewer Agreement 2/2020 Financials: No cost to City (Owner's Cost: $5,593.50)
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City Council Meeting - March 29, 2021 Page 43 of 133 CAO Lease Agreement between City and Sharon Sleiman Approved Sep 1, 2020 City as Lessor; Grantor; Grantee 200/2020 – 3277 Sandwich Street, Units #8 & #11 Term: September 1, 2020 - February 28, 2021 Financials: $4469.72/year excluding HST
CAO Encroachment Agreement between City and property Approved Oct 13, 2020 Administrative Matters 214/2020 owner of 461 Mill St to permit a wood board fence into (formerly CR1413/87) public right of way Financial Revenue: $969.50 CAO Sanitary Sewer Agreement - 3781 Vaughan St Approved Sep 22,2020 Sewer Agreement 222/2020 Financials: No cost to City (Owner's Cost: $6,000)
CAO Sanitary Sewer Agreement for 223 Josephine Ave Approved Nov 12, 2020 Sewer Agreement 253/2020 Financials: No cost to City (Owner's Cost: $9187)
CAO Consent to Enter Agreement between City and K+S Approved Jan 22, 2021 City as Lessor; Grantor; Grantee 262/2020 Windsor Salt Ltd. for use of part of 4200 Malden Rd – Malden Park for the purpose of surveying the Lands and that such granting includes permission to bring all devices, machinery, vehicles and equipment necessary for the carrying out of the scanning Term: November 25, 2020 - December 31, 2020 Financials: N/A
CAO Renewal of Lease Agreement between City and Approved Dec 23, 2020 City as Lessor; Grantor; Grantee 276/2020 Common Ground Art Gallery – 3277 Sandwich St, Room #40, (Mackenzie Hall) Term: January 1, 2021-December 31, 2021 Financials: $1,212.23/year excluding HST
CAO Sanitary Sewer Agreement - 489 McKay Ave. Approved Feb 6, 2020 Sewer Agreement 35/2020 Financials: No cost to City (Owner's Cost: $9,232)
CAO Sanitary Sewer Agreement - 1175 Campbell Ave. Approved Feb 13, 2020 Sewer Agreement 36/2020 Financials: No cost to City (Owner's Cost: $8,483.48)
CAO Authorization for Human Resources, on behalf of Approved Apr 15, 2020 Student and Youth Employment 56/2020 Parks, to coordinate the 2020 Mackenzie Hall Friends Opportunities Programs of the Court Student Employment Scholarship Program in cooperation with St. Clair College (Landscape Technician - Horticulture Program) and Mackenzie Hall - Friends of the Court Financials: The total funds confirmed by Friends of the Court is $5,717.50, for St. Clair College is anticipated to be $3,750 and for City the in-kind contribution of equipment use and supplies such as: fuel, plants, shrubs, soil, mulch etc. (1 student at $16.99/hour for 250 hours throughout 2020 plus 20% Administration fee for St. Clair College - funds raised by Friends of the Court) CAO Renewal of Lease Agreement between City and Approved Mar 16, 2020 City as Lessor; Grantor; Grantee 73/2020 Sharon Sleiman - 3277 Sandwich St., Units #8 and #11 (Mackenzie Hall Cultural Centre) Term: March 1, 2020 to August 31, 2020 Financial Revenue: $4,469.72/year excluding HST
CAO Sanitary Sewer Agreement - 935 McKay Ave. Approved Mar 24, 2020 Sewer Agreement 79/2020 Financials: No cost to City (Owner's Cost: $6,100)
CAO Sanitary Sewer Agreement - 3226 Peter St. Approved Mar 24, 2020 Sewer Agreement 83/2020 Financials: No cost to City (Owner's Cost: $13,800)
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City Council Meeting - March 29, 2021 Page 44 of 133 CAO License Agreement between City and Windsor Approved Apr 7, 2020 City as Lessor; Grantor; Grantee 85/2020 Athletic Association for exclusive use of space at the Malden Park Yard relating to the operation of a Baseball Program including a concession stand to support Licensee-run events from May 1, 2020 to October 31, 2020 Term: March 1, 2020 - February 28, 2021 Financial Revenue: $1,525/year excluding HST
CAO Renewal of License Agreement between City and Approved Apr 7, 2020 City as Lessor; Grantor; Grantee 88/2020 Windsor Minor Football Association for exclusive use of space in the new building located in Mic Mac Park relating to the operation of a Football Program including a concession stand to support Licensee-run events from May 1, 2020 to November 30, 2020 Term: April 1, 2020 - March 31, 2021 Financial Revenue: $1,558.75/year excluding HST
CAO Lease Agreement between City and Sunshine Forcier Approved Apr 22, 2020 City as Lessor; Grantor; Grantee 93/2020 and Patrick Hansor - 3277 Sandwich St., Unit #16 (Mackenzie Hall Cultural Centre) Term: May 1, 2020 - October 31, 2020 Financial Revenue: $7,715.19/year excluding HST
CAO Sanitary Sewer Agreement - 3760 Montcalm St. Approved Apr 2, 2020 Sewer Agreement 94/2020 Financials: No cost to City (Owner's Cost: $5,989)
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 98/2019 owner of 1847-1855 University Ave. W. to permit a (formerly CR1413/87) private drain connection in the rear alley into the public right-of-way Financial Revenue: $921.25 CAOP Agreement between City and Sewer Technologies Approved Jan 30, 2020 Purchasing By-Law 10/2020 Inc. to clear the underground sludge feed pipe coming from the #3 primary settling tank at the Lou Romano Water Reclamation Plant (LRWRP) Type: Sole Source Financials: $136,695 excluding HST (for a revised upset limit of $187,227.50 excluding HST for the service)
CAOP Agreement between City and Jacques Daoust for the Approved Aug 19, 2020 Purchasing By-Law 110/220 refurbishment of Primary Settling Tanks No. 2 Launder at Lou Romano Water Reclamation Plant Type: Request for Tender #107-20 Financials: $177,120 excluding HST
CAOP Agreement between City and D'Amore Construction Approved Sep 3, 2020 Purchasing By-Law 119/2020 for the Adanac/Curry/McKay Sewer Rehabilitation (B57/2020) Type: Request for Tender #52-20 Financials: $2,653,193 excluding HST CAOP Agreement between City and Enwin Utilities for the Approved Dec 8, 2020 Purchasing By-Law 162/2020 purpose of New Hydro Service - Connection Agreement at Bridgeview Park Type: Exempt from Purchasing Bylaw - Schedule A - Section 3 (e) Financials: N/A
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City Council Meeting - March 29, 2021 Page 45 of 133 CAOP Agreement between City and Piera Con Enterprises Approved Dec 29, 2020 Purchasing By-Law 170/2020 for the purpose of Huron Church Road Reconstruction-Tecumseh Rd W to College Ave (CR530/2019) Type: Request for Tender #162-20 Financials: $4,919,147.73 excluding HST CAOP Agreement between City and Stantec Consulting to Approved Apr 28, 2020 Purchasing By-Law 54/2020 complete the engineering and contract administration work for the BAF Backwash Screen Upgrades project at the Lou Romano Water Reclamation Plant, Type: Engineering Roster Financials: $21,810 excluding HST (for a revised upset limit of $121,170 excluding HST)
CAOP Amendment to current Agreement between City and Approved Apr 28, 2020 Purchasing By-Law 55/2020 Stantec Consulting to complete the engineering and contract administration work for the Lou Romano Water Reclamation Plant (LRWRP) Site Drainage Pump Station project Type: Request for Tender #173-18 Financials: $20,740 excluding HST (for a revised upset limit of $110,380 excluding HST)
CAOP Agreement between City and Facca Incorporated for Approved Apr 28, 2020 Purchasing By-Law 57/2020 the refurbishment of primary effluent pumps #1, #2, and #3 at Lou Romano Water Reclamation Plant (LRWRP) (B57/2020) Type: Request for Tender #15-20 Financials: $455,000 excluding HST CAOP Agreement between City and Quinlan Inc. for Approved Jun 30, 2020 Purchasing By-Law 82/2020 construction services to replace the asphalt pathways in various locations at Malden Park Type: Request for Tender - #82-20 Financials: $139,260 excluding HST
CAOP Agreement between City and Novelletto Machine Approved Feb 25, 2020 Purchasing By-Law 89/2019 Repair & Fabrication to amend Purchase Order to complete the rehabilitation of a sludge hopper for the Lou Romano Water Reclamation Plant Type: Informal Quotation Process and Sole Source - (e-ii) would cause significant inconvenience or substantial duplication of costs for the City Financials: $28,801 excluding HST (for a revised upset limit of $103,897 excluding HST for this project)
CAOP Amendment of Contract Value between City and Approved Aug 20, 2020 Purchasing By-Law 96/2020 Pierascenzi Construction for Bridgeview Park Pathway and Parking Lot (CR 507/2018) Type: Request for Tender #37-19 Financials: $273,944.47 excluding HST
Ward 3 CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between City and property Approved Mar 9, 2020 Administrative Matters 10/2020 owner of 1670 York St. and 426 Tecumseh Rd. W. to (formerly CR1413/87) permit a stair encroachment into the public right-of- way Financial Revenue: $921.25
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City Council Meeting - March 29, 2021 Page 46 of 133 CAO Lease Agreement between City and 551749 Ontario Approved Apr 28, 2020 City as Lessor; Grantor; Grantee 113/2020 Limited -451 Tecumseh Rd. W. Term: July 1, 2020 - June 30, 2022 Financial Revenue: $19,079.04/year excluding HST
CAO Authorization for the CAO to sign the “Confirmation of Approved Apr 28, 2020 Letter of Support 116/2020 Support from Municipal Government or Equivalent Authority” form, to satisfy requirements for the Windsor Symphony Orchestra’s grant application for the Community Anniversaries - Building Communities Through Arts and Heritage Program Financials: N/A
CAO Downtown Windsor Farmers Market Approved May 26, 2020 Special Event Road Closure 125/2020 May 30, 2020 - October 31, 2020 Hosted by Downtown Windsor Business Improvement Association Special Event Road Closure of Pelissier St. between Park St. W. and Wyandotte St. W., and Maiden Ln. between Ouellette Ave. and Pelissier St. and inclusive of Noise By-law Exemption Financials: $2,516.75 excluding HST
CAO Indemnity Agreement between City and Infineum USA, Approved May 29, 2020 Energy Agreement 132/2020 L.P. and Total Power Limited for field testing to be completed on the Combined Heat & Power engine at the WIATC Financial Revenue: City will reduce operating costs by approximately $40,000 during the fifteen (15) month test period
CAO Authorization to submit to the Ministry of Heritage, Approved Jun 4, 2020 Grant Application 138/2020 Sport, Tourism and Culture Industries for the Community Museum Operating Grant for the year 2020 Financials: N/A CAO Loan Agreement with the City and the American Approved Jun 24, 2020 Administrative Matters (delegated 148/2020 Museum of Natural History for the Dinosaur by CR232/2012) Discoveries: Ancient Fossils, New Ideas exhibit at the Chimczuk Museum Term: September 19, 2022 - January 23, 2023 Financials: $60,000 excluding HST CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 151/2019 owner of 5151 Riverside Drive E. to permit a sign and (formerly CR1413/87) curb encroachment into the public right-of-way Financial Revenue: $976.25
CAO Windsor International Film Festival (WIFF) Approved Jul 3, 2020 Special Event Road Closure 167/2020 July 1, 2020 - July 6, 2020 Hosted by Downtown Windsor Business Association Special Event Road Closure of Maiden Lane W between Ouellette Ave and Pelissier St, and the north/south alley between Chatham St W and University Ave W, and Ouellette Ave between Wyandotte St and Riverside Dr, and University Ave W and E between Freedom Way and Pelissier St Financials: As part of the initiative approved by City Council (CR 289/2020), all fees are waived for requested road closures for the 2020 season
CAO Sanitary Sewer Agreement - 891 Elm Ave. Approved Jul 6, 2020 Sewer Agreement 171/2020 Financials: No cost to City (Owner's Cost: $7,000)
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City Council Meeting - March 29, 2021 Page 47 of 133 CAO Sanitary Sewer Agreement - 161 Oak St. Approved Jul 10, 2020 Sewer Agreement 173/2020 Financials: No cost to City (Owner's Cost: $10,200)
CAO Authorization for Museum Windsor to submit to the Approved Jul 28, 2020 Grant Application 177/2020 COVID-19 Emergency Support Fund for Heritage Organizations – Museums Assistance Program Financial Revenue: up to $71,946 if awarded grant
CAO Encroachment Agreement between City and property Approved Mar 9, 2020 Administrative Matters 182/2019 owner of 500 Tuscarora St. to permit a sign, concrete (formerly CR1413/87) curbs, building structure and overhead roof encroachment into the public right-of-way Financial Revenue: $973.65
CAO Amendment to Lease Agreement between City and Approved Jan 2, 2020 City as Lessor; Grantor; Grantee 187/2019 837690 Ontario Limited – 251 Goyeau St., Room 300 (Provincial Offences) Term: December 31, 2019 - March 31, 2020 Financials: No rent is owed to the Landlord as Provincial Offences is not currently occupying the leased premises
CAO Encroachment Agreement between City and property Approved Oct 14, 2020 Administrative Matters 197/2020 owner of 445 Hyde St. to permit wood board fence into (formerly CR1413/87) public right of way Financial Revenue: $2,323.60
CAO Encroachment Agreement between City and property Approved Sep 11, 2020 Administrative Matters 202/2020 owner of 395 Foch Ave. for fence and retaining wall, (formerly CR1413/87) concrete step walkway, and planter encroachment into public right of way Financial Revenue: $4,150.00 CAO Encroachment Agreement between City and property Approved Oct 13, 2020 Administrative Matters 204/2020 owner of 810 Ouellette Ave. to permit landscaping, (formerly CR1413/87) curb and sign into public right of way Financial Revenue: $198.45 CAO Encroachment Agreement between the City and Approved Oct 13, 2020 Administrative Matters 213/2020 property owner of 405 Logan Ave. to permit a wood (formerly CR1413/87) fence into public right of way Financial Revenue: $2,779.85 CAO Title Correction of Former Grace Hospital Site, 339 Approved Sep 22, 2020 Administrative Matters 218/2020 Crawford Ave., Deleting Easement (formerly CR1413/87) Financials: $77.31 including HST
CAO Renewal of License Agreement between City and Approved Jan 28, 2020 City as Lessor; Grantor; Grantee 22/2020 Windsor Aquatic Club - 401 Pitt St. W., Room 232 (Windsor International Aquatic and Training Centre) Term: February 1, 2020 - January 31, 2021 Financial Revenue: $1,009.88/year excluding HST
CAO Road Closure of Maiden Lane W between Ouellette Approved Sep 24, 2020 Special Event Road Closure 225/2020 Ave and Pelissier St for seasonal pedestrian only zone Term: March 1, 2020 - November 1, 2020 Financials: N/A CAO Agreement between City and The Sherbrooke Approved Oct 27, 2020 Administrative Matters (delegated 231/2020 Museum for loan of the Worlds of the Night by CR232/2012) Financials: $39,750 excluding HST
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City Council Meeting - March 29, 2021 Page 48 of 133 CAO Consent to Enter Agreement between City and Dillon Approved Oct 29, 2020 City as Lessor; Grantor; Grantee 245/2020 Consulting Limited for Use of 1573 McDougall Ave to survey the location of the existing monitoring wells and to collect water levels from the existing monitoring wells located on the Lands Term: November 5, 2020 - April 30, 2021 Financials: N/A
CAO Encroachment Agreement between City and owner of Approved Dec 23, 2020 Administrative Matters 249/2020 377 Riverside Dr E to permit underground conduit, (formerly CR1413/87) decorative light standard and flood light onto public right of way Financial Revenue: $958.00 excluding HST CAO Lease Agreement between City and South Essex Approved Dec 4, 2020 City as Lessor; Grantor; Grantee 256/2020 Community Council - 1168 Drouillard Rd, Unit #16 (Gino & Liz Marcus Community Centre) Term: November 1, 2020-October 31, 2020 Financials: $3451.84/year excluding HST
CAO Encroachment Agreement between City and owner of Approved Dec 23, 2020 Administrative Matters 261/2020 267 Erie St W to permit 42" High Wood Picket Fence (formerly CR1413/87) onto public right of way Financial Revenue: $3,279.50 excluding HST
CAO Renewal of Lease Agreement between City and Approved Dec 4, 2020 City as Lessor; Grantor; Grantee 268/2020 Michelle DiNardo – 1168 Drouillard Rd, Unit #19 (Gino & Liz Marcus Community Centre) Term: January 1, 2021 - December 31, 2021 Financials: $2151.50/year excluding HST
CAO Renewal of License Agreement between City and Approved Jan 28, 2020 City as Lessor; Grantor; Grantee 27/2020 Windsor Essex Swim Team Inc. - 401 Pitt St. W., Room 231 (Windsor International Aquatic and Training Centre) Term: February 1, 2020 - January 31, 2021 Financial Revenue: $1,009.88/year excluding HST CAO Renewal of Lease Agreement between City and Yee Approved Dec 23, 2020 City as Lessor; Grantor; 280/2020 Pharmacy – 165 Goyeau Street Grantee Term: January 1, 2021 - December 31, 2025 Financials: January 1, 2021 – December 31, 2021 $31,456.23/year, excluding HST; January 1, 2022 – December 31, 2022 $31,849.43/year, excluding HST; January 1, 2023 – December 31, 2023 $32,247.55/year, excluding HST; January 1, 2024 – December 31, 2024 $32,650.64/year, excluding HST; January 1, 2025 – December 31, 2025 $33,058.77/year, excluding HST
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 41/2020 owner of 845 Wyandotte St. W. to permit a sign, (formerly CR1413/87) wrought iron fence and chainlink fence encroachment into the public right-of-way Financial Revenue: $1,456.75 CAO Letter of Support for the Art Gallery of Windsor's Approved Apr 29, 2020 Letter of Support 70/2020 application to the Ontario Arts Grant Funding (CR282/2012) Financials: In-kind contributions were reported as being Operating Costs of $838,080 and Capital Expenditures of approximately $61,000 for 2019
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City Council Meeting - March 29, 2021 Page 49 of 133 CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 73/2019 owner of 670 Ouellette Ave. to permit a covered (formerly CR1413/87) canopy and entry portal encroachment into the Ouellette Ave. right-of-way Financial Revenue: $1,537.25 CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 87/2020 owner of 1333 Ouellette Ave. to permit a sign, brick (formerly CR1413/87) retaining wall, and planter encroachments into the public right-of-way Financial Revenue: $1,038.75 CAO Renewal of Lease Agreement between City and Approved Apr 2, 2020 City as Lessor; Grantor; 89/2020 1965547 Ontario Ltd. - 200 Chatham St. E. (Windsor Grantee Justice Facility (Kiosk Space)) Term: March 1, 2020 - February 28, 2025 Financial Revenue: $8,325.00/year excluding HST In each subsequent year of the Term, commencing March 1, 2021, Monthly Basic Rental shall increase by the average annual increase in the Consumer Price Index (“CPI”) as published by Statistics Canada; Additional Revenue: 5% on the first $10,000 in Gross Revenue monthly; 7.5% on the next $10,000 in Gross Revenue monthly; 10% on all additional Gross Revenue exceeding $20,000 monthly
CAO Encroachment Agreement between City and property Approved Sep 11, 2020 Administrative Matters 90/2020 owner of 156 Chatham St W to permit an overhead (formerly CR1413/87) steel beam, canopy, wall mounted lights, signs and cornice encroachments into the public right of way Financial Revenue: $313.35
CAOP Agreement between City and Hasting Painting Approved Aug 7, 2020 Purchasing By-Law 105/2020 Corporation for the 2020 Goyeau Garage Restoration – Over budget Type: Request for Tender #28-20 Financials: $782,544.06 excluding HST CAOP Agreement between City and Housing Information Approved Oct 14, 2020 Purchasing By-Law 132/2020 Services to operate the COVID-19 Day Program – Homelessness and Housing Help Hub (CR372/2019) Type: Sole Source Financials: up to $431,000 excluding HST
CAOP Agreement between City and Adias Impex for the Approved Oct 29, 2020 Purchasing By-Law 138/2020 carpet replacement at Capitol Theatre (B57/2020) Type: Request for Tender #112-20 Financials: $225,181 excluding HST
CAOP Agreement between City and Armstrong Paving for the Approved Nov 25, 2020 Purchasing By-Law 148/2020 purpose of Alton Parker Park Asphalt Pathway Type: Request for Tender #150-20 Financials: $141,042.76 excluding HST
CAOP Agreement between City and Monarch Office Supply Approved Dec 23 ,2020 Purchasing By-Law 168/2020 for the purchase of Sit Stand Desk Purchase Type: Sole Source Financials: $142,416.21 excluding HST CAOP Agreement between City and Oscar Construction Approved Feb 27, 2020 Purchasing By-Law 23/2020 Company Limited to construct the 3rd Floor Renovations at new City Hall (B57/2020) Type: Sole Source Financials: $675,146.82 excluding HST
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City Council Meeting - March 29, 2021 Page 50 of 133 CAOP Agreement between City and Monarch Basics for the Approved Feb 27, 2020 Purchasing By-Law 24/2020 supply and reconfiguration of furniture for the 3rd Floor Renovations at new City Hall Type: Sole Source Financials: $113,236.08 excluding HST
CAOP Agreement between City and Sherway Contracting Approved Mar 9, 2020 Purchasing By-Law 29/2020 (Windsor) Limited for the purpose of the 2020 Road and Water Rehabilitation II – Church St. (B57/2020) Type: Request for Tender #11-20 Financials: upset limit of $1,518,353 excluding HST
CAOP Agreement between City and Landmark Engineering Approved Jul 21, 2020 Purchasing By-Law 40/2020 for engineering services related to the functional design of Festival Plaza and for engineering and contract administration services related to the retaining wall Type: Sole Source Financials: $150,000 excluding HST (which is an additional $65,000 excluding HST previously approved from Capital Project ID 7152005) CAOP Agreement between City and Glos Associates Inc. to Approved Feb 13, 2020 Purchasing By-Law 6/2020 provide architectural and engineering consulting services for the design-bid-build construction of a new greenhouse complex at Jackson Park (CR550/2018; CR39/2019 ) Type: Request for Proposal #85-19 and Sole Source for additional deliverables by the original Supplier of Goods or Services that were not included in the initial procurement Financials: $378,300 excluding HST CAOP Agreement between City and JTS Mechanical Approved Jan 2, 2020 Purchasing By-Law 86/2019 Services Inc. for the purpose of replacing two roof top HVAC units at the Capitol Theatre (B8/2019) Type: Request for Tender #109-19 Financials: $197,150 excluding HST CAOP Agreement between City and Stantec Consulting Ltd. Approved Jan 14, 2020 Purchasing By-Law 87/2019 for Engineering Services for Structure #114-University Ave. at CP Rail Type: Request for Tender #119-19 Financials: an upset limit of $112,000 excluding HST
CAOP Agreement between City and CBSC Capital Inc. for Approved Aug 31, 2020 Purchasing By-Law 89/2020 the Oce PlotWave 365 Hybrid Type: Sole Source Financials: $30,847.74 excluding HST
Ward 4
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
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City Council Meeting - March 29, 2021 Page 51 of 133 CAO Letter of Non-Objection Approved Jan 30, 2020 Letter of Non-Objection 12/2020 St. Patrick's Day Celebration March 17, 2020 Hosted by O’Maggio’s Kildare House 1880 Wyandotte St. E. Financial Revenue: N/A
CAO Sanitary Sewer Agreement - 506 Windermere Rd. Approved May 14, 2020 Sewer Agreement 136/2020 Financials: No cost to City (Owner's Cost: $13,050)
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 137/2019 owner of 756 Irvine Ave. to encroach a private (formerly CR1413/87) sanitary sewer into the public right-of-way Financial Revenue: $943.25
CAO Encroachment Agreement between City and property Approved Mar 26, 2020 Administrative Matters 14/2020 owner of 1199 Ottawa St. to permit rubber mat (formerly CR1413/87) flooring into the Pierre Ave. right-of-way Financial Revenue: $1,389
CAO Encroachment Agreement between City and property Approved Apr 9, 2020 Administrative Matters 150/2019 owner of 635 University Ave. E. to permit parking, (formerly CR1413/87) sign post, building lights, garden pavers, canopy/sign and classic car encroachments into the public right-of- way Financial Revenue: $1,724.75 CAO Renewal of Lease Agreement between City and Approved Aug 21, 2020 City as Lessor; Grantor; 155/2020 Vanessa Shields - 1899 Niagara Street (Stable Yard Grantee at Coach House, Willistead Park) Term: July 1, 2020-June 30, 2021 Financials: $5,502.60/year excluding HST
CAO Sanitary Sewer Agreement - 1864 Hall Ave. Approved Jul 21, 2020 Sewer Agreement 179/2020 Financials: No cost to City (Owner's Cost: $8,840)
CAO Encroachment Agreement between City and property Approved Oct 14, 2020 Administrative Matters 194/2020 owner of 1140 Marion Ave to permit landscape and (formerly CR1413/87) fencing into public right of way Financial Revenue: $2,892.35
CAO Encroachment Agreement between City and property Approved Oct 13, 2020 Administrative Matters 201/2020 owner of 2196 Hall Ave to permit fence into public (formerly CR1413/87) right of way Financial Revenue: $4,586.10 CAO Encroachment Agreement between the city and Approved Sep 11, 2020 Administrative Matters 203/2020 property owner of 1183-1187 Marion Ave for wood (formerly CR1413/87) deck and step into public right of way Financial Revenue: $568.75 CAO Encroachment Agreement between City and property Approved Sep 11, 2020 Administrative Matters 205/2020 owner of 2420 Lincoln Rd to permit an underground (formerly CR1413/87) driveway heating unit into public right of way Financial Revenue: $3,579.25
CAO Sanitary Sewer Agreement - 1748 Kildare Rd Approved Sep 3, 2020 Sewer Agreement 208/2020 Financials: No cost to City (Owner's Cost: $9,198.20)
CAO Encroachment Agreement between City and property Approved Oct 14, 2020 Administrative Matters 215/2020 owner of 903 Hall Ave to permit a wood fence into (formerly CR1413/87) public right of way Financial Revenue: $1,980.75
Page 12 of 42
City Council Meeting - March 29, 2021 Page 52 of 133 CAO Correcting Deed for Conveyance of Stodgell Park Approved Sep 15, 2020 Administrative Matters 216/2020 Financials: $2.00 excluding HST in addition to a (formerly CR1413/87) minimum Crown Expense of $1,164.00
CAO Sanitary Sewer Agreement for 215 Parent Ave Approved Nov 4, 2020 Sewer Agreement 235/2020 Financials: No cost to City (Owner's Cost: 23,425)
CAO Encroachment Agreement between City and property Approved Feb 27, 2020 Administrative Matters 42/2020 owner of 208-212 Moy Ave. to permit a concrete step (formerly CR1413/87) encroachment into the public right-of-way Financial Revenue: $943.25 CAO Encroachment Agreement between City and property Approved Mar 26, 2020 Administrative Matters 49/2020 owner of 397 Pierre Ave. to permit a sign to encroach (formerly CR1413/87) onto the Assumption St. right-of-way Financial Revenue: $973.25 CAOP Agreement between City and Brook McIlroy for the Approved Dec 18, 2020 Purchasing By-Law 157/2020 purpose of Consulting Services for the Hiram Walker Parkette Type: Sole Source Financials: $78,025 excluding HST CAOP Agreement between City and Sterling Ridge Approved May 19, 2020 Purchasing By-Law 56/2020 Infrastructure Inc. for the purpose of the 2020 Road and Watermain Rehabilitation V – Marion Ave. (B57/2020) Type: Request for Tender #26-20 Financials: to an upset limit of $1,992,344 excluding HST CAOP Agreement between City and Pierascenzi Approved May 13, 2020 Purchasing By-Law 65/2020 Construction Group Inc. for the purpose of the Devonshire Road Intersection Improvements (B73/2018) Type: Request for Tender #31-20 Financials: upset limit of $489,170 excluding HST
Ward 5
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Sanitary Sewer Agreement - 1763 Central Ave. Approved Jan 8, 2020 Sewer Agreement 1/2020 Financials: No cost to City (Owner's Cost: $7,763)
CAO Renewal of Lease Agreement between City and A Approved Apr 21, 2020 City as Lessor; Grantor; 103/2020 Book of My Own Literacy Campaign - 1168 Drouillard Grantee Rd., Unit #3 (Gino and Liz Marcus Community Centre) Term: June 1, 2020 - May 31, 2021 Financial Revenue: $4,352.32/year excluding HST
CAO Consent to Enter Agreement between City and Enwin Approved Apr 30, 2020 City as Lessor; Grantor; 114/2020 Utilities Ltd. for the purpose of granting a permanent Grantee utility easement in favour of Enwin Utilities Ltd. for constructing and maintaining electrical infrastructure at 3005 Grand Marais Rd. E. Term: June 1, 2020 - October 30, 2020 Financial Revenue: $275 excluding HST for registration and easement preparation
Page 13 of 42
City Council Meeting - March 29, 2021 Page 53 of 133 CAO Lease Agreement between City and Mission Approved May 6, 2020 City as Lessor; Grantor; 126/2020 d’Evangelisation Modiale pour la Moisson Church - Grantee 1168 Drouillard Rd., Units #13 and #21 (Gino & Liz Marcus Community Centre) Term: July 1, 2020 - June 30, 2021 Financials: $4,024.02/year excluding HST CAO Amendment to Parking By-law 9023 - Parking Approved May 13, 2020 By-Law Amendments 128/2020 Modifications - Limited Alternate Side Parking (Drouillard Rd.) Financials: N/A CAO Sanitary Sewer Agreement - 1702 St. Luke Rd. Approved May 21, 2020 Sewer Agreement 137/2020 Financials: No cost to City (Owner's Cost: $8,170)
CAO Lease Agreement between City and The African Approved Jun 11, 2020 City as Lessor; Grantor; 139/2020 Community Organization of Windsor - 1168 Drouillard Grantee Rd., Unit #18, (Gino & Liz Marcus Community Centre) Term: June 1, 2020 - May 31, 2021 Financials: $7,100.66/year excluding HST
CAO Lease Agreement between City and Centre Approved Jun 24, 2020 City as Lessor; Grantor; 156/2020 Francophone Pour Immigrants de Windsor Essex - Grantee 1168 Drouillard Rd, Unit #9, (Gino and Liz Marcus Community Centre (north side)) Term: July 1, 2020 - June 30, 2021 Financials: $4,417.98/year excluding HST CAO Lease Agreement between City and Ontario Society Approved Jun 24, 2020 City as Lessor; Grantor; 158/2020 for Crippled Children o/a Easter Seals Ontario – 1168 Grantee Drouillard Rd., Unit #10 (Gino & Liz Marcus Community Centre) Term: April 1, 2020 - March 31, 2021 Financial Revenue: $4,962.02/year excluding HST CAO Termination of Lease Agreement between City and Approved Jul 22, 2020 City as Lessor; Grantor; 175/2020 The Windsor Parade Corporation - 1168 Drouillard Grantee Rd, Unit #1 (Gino & Liz Marcus Community Centre) Lost Revenue: $1,654.72 CAO License Agreement between City and Ford City Approved Aug 21, 2020 Community Garden License 191/2020 District Board of Management to use three municipally Agreement owned lots as a community garden Term: April 1, 2019 - March 31, 2021 Financials: N/A CAO Lease Agreement between City and Youth Approved Nov 12, 2020 City as Lessor; Grantor; 242/2020 Connection Association for Academic Excellence Inc. Grantee – 1168 Drouillard Rd, Unit #11 (Gino & Liz March Community Centre) Term: November 1, 2020 - October 31, 2021 Financials: $2,513.84/year excluding HST CAO Sanitary Sewer Agreement - 1379 Labadie Rd Approved Dec 18, 2020 Sewer Agreement 270/2020 Financials: No cost to City (Owner's Cost: $11,548.70)
CAO Renewal of Lease Agreement between City and New Approved Dec 23, 2020 City as Lessor; Grantor; 272/2020 Beginnings (Essex County) – 1168 Drouillard Rd, Unit Grantee #6, (Gino & Liz Marcus Community Centre) Term: January 1, 2021 - December 21, 2021 Financials: $2,072.98/year excluding HST
CAO Renewal of Lease Agreement between City and Scott Approved Jan 28, 2020 City as Lessor; Grantor; 28/2020 Bisson and Tam Nguyen o/a RARE Apparel - 1168 Grantee Drouillard Rd., Unit #5A (Gino & Liz Marcus Community Centre) Term: February 1, 2020 - January 31, 2020 Financials: $1,952.24/year excluding HST
Page 14 of 42
City Council Meeting - March 29, 2021 Page 54 of 133 CAO Lease Agreement between City and New Beginnings Approved Feb 5, 2020 City as Lessor; Grantor; 31/2020 (Essex County) - 1168 Drouillard Rd., Unit #6 (Gino & Grantee Liz Marcus Community Centre) Term: January 1, 2020 - December 31, 2020 Financials: $2,035.41/year excluding HST
CAO Sanitary Sewer Agreement - 1540 St. Luke Rd. Approved Jan 31, 2020 Sewer Agreement 33/2020 Financials: No cost to City (Owner's Cost: $9,865)
CAO Sanitary Sewer Agreement - 1540 St. Luke Rd. Approved Feb 6, 2020 Sewer Agreement 34/2020 Financials: No cost to City (Owner's Cost: $15,480)
CAO Sanitary Sewer Agreement - 1447 Central Ave. Approved Mar 9, 2020 Sewer Agreement 57/2020 Financials: No cost to City (Owner's Cost: $8,260) CAO Lease Agreement between City and Michelle DiNardo Approved Jan 14, 2020 City as Lessor; Grantor; 6/2020 - 1168 Drouillard Rd., Unit #19 (Gino and Liz Marcus Grantee Community Centre) Term: January 1, 2020 - December 31, 2020 Financial Revenue: $2,111.39/year excluding HST
CAO License Agreement between City and L'Union Approved Mar 12, 2020 City as Lessor; Grantor; 60/2020 Culturelle Des Franco-Ontariennes Windsor-Essex et Grantee Kent - 4270 Alice St., Room A (Constable John Atkinson Memorial Community Centre) Term: March 1, 2020 - February 28, 2021 Financial Revenue: $4,690/year excluding HST CAO License Agreement between City and L'Union Approved Mar 12, 2020 City as Lessor; Grantor; 61/2020 Culturelle Des Franco-Ontariennes Windsor-Essex et Grantee Kent - 4270 Alice St., Rooms B and C (Constable John Atkinson Memorial Community Centre) Term: March 1, 2020 - February 28, 2021 Financial Revenue: $8,742.16/year excluding HST CAO Sanitary Sewer Agreement - 1879-1881 St. Luke Rd. Approved Mar 12, 2020 Sewer Agreement 68/2020 Financials: No cost to City (Owner's Cost: $9,842)
CAO Lease Agreement between City and Multiple Sclerosis Approved Mar 24, 2020 City as Lessor; Grantor; 71/2020 Society of Canada - 1168 Drouillard Rd., Unit #11 Grantee (Gino & Liz Marcus Community Centre) Term: April 3, 2020 - March 31, 2021 Financial Revenue: $2,513.84/year excluding HST
CAO Lease Agreement between City and Essex County Approved Mar 24, 2020 City as Lessor; Grantor; 75/2020 Nurse Practitioner-LED Clinic - 1168 Drouillard Rd., Grantee Units #7, #14 and #15 (Gino & Liz Marcus Community Centre) Term: March 1, 2020 - February 28, 2021 Financial Revenue: $17,596.88/year excluding HST CAO Lease Agreement between City and Candice Twees - Approved Mar 24, 2020 City as Lessor; Grantor; 77/2020 1168 Drouillard Rd., Unit #12 (Gino & Liz Marcus Grantee Community Centre) Term: April 1, 2020 - March 31, 2021 Financial Revenue: $3,534.87/year excluding HST
CAO Correcting Deeds Approved Mar 24, 2020 Administrative Matters 78/2020 Approval to correct a title deficiency for Greater Essex (formerly CR1413/87) County District School Board of 1648 Francois Rd., to register government by-law on the Alley, and a correcting deed to correct the title deficiency on title for the Property, transferring the Alley to the Greater Essex County District School Board Financials: $75 (City to bear the cost of registration of the application to register government by-law)
Page 15 of 42
City Council Meeting - March 29, 2021 Page 55 of 133 CAO Lease Agreement between City and Chaldean Approved Apr 7, 2020 City as Lessor; Grantor; 84/2020 League of Canada - 1168 Drouillard Rd., Unit #22 Grantee (Gino & Liz Marcus Community Centre) Term: April 1, 2020 - March 31, 2021 Financial Revenue: $5,008.92/year excluding HST
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 99/2019 owner of 2703 Meighen Rd. to permit a parking area (formerly CR1413/87) for five (5) parking spaces and a paved manoeuvring area Financial Revenue: $1,859.50 CAOP Agreement between City and TCI Titan for purchase Approved Aug 25, 2020 Purchasing By-Law 111/2020 of George Avenue Park Gazebo Type: Request for Tender #103-20 Financials: $102,320 excluding HST
CAOP Agreement between City and IBI Group for the Approved Oct 29, 2020 Purchasing By-Law 137/2020 purpose of contract execution for Engineering Consulting Services regarding the Transit Windsor - Garage Feasibility Study Type: Request for Proposal #106-20 Financials: $133,983 excluding HST CAOP Agreement between City and Pierascenzi Approved Nov 23, 2020 Purchasing By-Law 151/2020 Construction for the purpose of George Ave Park Redevelopment (CR 198/2020) Type: Request for Tender #120-20 Financials: $383,211.75 excluding HST CAOP Agreement between City and Sterling Ridge Approved Mar 9, 2020 Purchasing By-Law 25/2020 Infrastructures Inc. for the purpose of proceeding with the construction of the Francois Road Sewer, Pavement, Watermain and Streetlighting Rehabilitation Project (CR577/2019) Type: Request for Tender #04-20 Financials: $2,176,166.87 excluding HST CAOP Agreement between City and Ridge Infrastructures Approved Jun 18, 2020 Purchasing By-Law 79/2020 Inc. for the purpose of proceeding with the construction of the Cadillac Street Sewer, Pavement and Streetlighting Rehabilitation Project (B57/2020) Type: Request for Tender #02-20 Financials: $1,831,318 excluding HST
Ward 6
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between City and property Approved May 21, 2020 Administrative Matters 106/2020 owner of 8405 Cedarview St. to permit for a bus bay (formerly CR1413/87) to encroach onto the public right-of-way Financial Revenue: $9,623.25
CAO Encroachment Agreement between City and property Approved Sep 11, 2020 Administrative Matters 107/2020 owner of 1145 Adair Crt for sign encroachment into (formerly CR1413/87) public right of way Financial Revenue: $951.25
CAO Sanitary Sewer Agreement - 875 Jefferson Blvd. Approved Apr 29, 2020 Sewer Agreement 119/2020 Financials: No cost to City (Owner's Cost: $8,308)
Page 16 of 42
City Council Meeting - March 29, 2021 Page 56 of 133 CAO Consent to Enter Agreement between City and Ernest Approved May 6, 2020 City as Lessor; Grantor; 121/2020 and Cheryl Anne Mailloux and their employees, Grantee contractors, agents, and assigns to enter upon part of the lands known as St. Paul Pumping Station Park and the water lots abutting the westerly limit of 7810 Riverside Dr. E. for the purpose of parking construction equipment and storing material related to repairs being undertaken on the break wall in front of the Mailloux Property Term: July 8, 2020 - August 31, 2020 Financial Revenue: N/A
CAO Sanitary Sewer Agreement - 876 Laporte Ave. Approved May 6, 2020 Sewer Agreement 124/2020 Financials: No cost to City (Owner's Cost: $8,932.36)
CAO Encroachment Agreement between City and property Approved Sep 11, Administrative Matters 129/2020 owner of 1322 Bayswater Cr to permit fence 20202 (formerly CR1413/87) encroachment into public right of way Financial Revenue: $687.50 CAO Encroachment Agreement between City and property Approved Mar 16, 2020 Administrative Matters 146/2019 owner of 5151 Riverside Drive E. to permit a brick (formerly CR1413/87) paved area and retaining wall encroachment into the public right-of-way Financial Revenue: $1,113 CAO Amendment to Parking By-law 9023 - Parking Approved Jun 30, 2020 By-Law Amendments 159/2020 Modifications - Limited Parking and No Parking (St. Mary's Blvd.) Financials: N/A CAO Encroachment Agreement between City and property Approved Mar 9, 2020 Administrative Matters 192/2019 owner of 6960 Wyandotte St. E. to permit a parking (formerly CR1413/87) space into the public right-of-way Financial Revenue: $1,195.50 CAO Amendment to Consent to Enter Agreement between Approved Aug 27, 2020 City as Lessor; Grantor; 198/2020 City and Ernest and Cheryl Anne Mailloux for the use Grantee of a portion of St. Paul Pump Station Park to facilitate needed repairs to the break wall in front of their property, 7810 Riverside Dr E Term: July 8, 2020 - August 31, 2020 Financials: N/A CAO Sanitary Sewer Agreement - 835 Edward Ave Approved Sep 9, 2020 Sewer Agreement 210/2020 Financials: No cost to City (Owner's Cost: $15,797)
CAO Letter of Non-Objection Approved Feb 10, 2020 Letter of Non-Objection 32/2020 St. Patrick's Day Celebration March 17, 2020 Hosted by Thompson House 5370 Wyandotte St. E. Financial Revenue: N/A
CAO Consent to Enter Agreement between City and Approved Aug 18, 2020 City as Lessor; Grantor; 67/2020 Windsor-Riverside Baseball Association for exclusive Grantee use of part of Riverside Minor Baseball Park for the purpose of installation of a batting cage to be used by Windsor-Riverside Baseball Association Term: May 1, 2020 - April 30, 2025 Financial Revenue: $1 excluding HST
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 74/2019 owner of 892 Prado Pl to permit a chain link fence to (formerly CR1413/87) encroach onto the public right-of-way Financial Revenue: $4,255.75
Page 17 of 42
City Council Meeting - March 29, 2021 Page 57 of 133 CAOP Agreement between City and Lekter Industrial for the Approved Aug 27, 2020 Purchasing By-Law 115/2020 purchase of Exterior Duct Insulation Replacement, WFCU Centre (B57/2020) Type: Request for Tender #110-20 Financials: $445,000 excluding HST
CAOP Agreement between City and Maged Basilous for Approved Dec 8, 2020 Purchasing By-Law 125/2020 additional work to complete Alexander Park Washrooms Type: Request for Tender #49-19 Financials: $46,729.41 excluding HST CAOP Agreement between City and Bear Construction and Approved Jul 16, 2020 Purchasing By-Law 91/2020 Engineering Inc. for the construction of site work and installation of new bleachers and shades at Mic Mac Park Type: Request for Tender #83-20 (B57/2020) Financials: $282,261.50 excluding HST
Ward 7
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between City and property Approved May 6, 2020 Administrative Matters 110/2020 owner of 10120-10150 Tecumseh Rd. E.to permit (formerly CR1413/87) parking, landscaping, and light pole to encroach onto the public right-of-way Financial Revenue: $2,475.25
CAO Consent to Enter Agreement between City and Approved Apr 28, 2020 City as Lessor; Grantor; 117/2020 Eastside Horizons Inc. for the purpose of granting Grantee access over part of the parking lot within Elizabeth Kishkon Park Term: May 1, 2020 - April 30, 2021 Financial Revenue: Eastside Horizons Inc. will provide security in the amount of $264,000 prior to the commencement of the term, which will be non- refundable until such time as Eastside completes the reconstruction of the parking lot in Elizabeth Kishkon Park CAO Agreement between City and Parker DKI / CPC Approved Jul 22, 2020 Administrative Matters 169/2020 Processing Centre and Re/Max Care Realty for (delegated by CR232/2012) Sponsorship for Wayfinding Signage along the Little River Corridor Trail System Financials: $37,500 in sponsorship over 5 years CAO Consent to Enter Agreement between City and Approved Jul 30, 2020 City as Lessor; Grantor; 185/2020 2620376 Ontario Inc. for the purpose of constructing a Grantee temporary access road (“Access Road”) connecting the properties at 11475 Tecumseh Rd E (“Shell”) and 11365 Tecumseh Rd E (“BMR”) to Banwell Rd during the Banwell Rd reconstruction Term: August 24, 2020 - October 19, 2020 Financials: N/A
CAO Consent to Enter Agreement between City and Mario Approved Aug 21, 2020 City as Lessor; Grantor; 196/2020 Petrilli to access breakwall for the purpose of installing Grantee a seasonal boatlift in front of 11820 Riverside Dr E Term: August 10, 2020 Financials: N/A
Page 18 of 42
City Council Meeting - March 29, 2021 Page 58 of 133 CAO Consent to Enter between City and Essex Region Approved Oct 14, 2020 City as Lessor; Grantor; 230/2020 Conservation Authority to use Peche Island for Grantee Reclamation and Fish Habitat Project Term: October 12, 2020 - December 31, 2021 Financials: N/A
CAO Application for Registry (Small Vessel Register) and Approved Jan 14, 2020 Administrative Matters 3/2020 Statement of Qualification with Transport Canada to (delegated by CR232/2012) allow for the Parks Department's boat to act as a small commercial vessel (Peche Island Ferry) Financials: $50 registration fee
CAO Encroachment Agreement between City and property Approved Feb 27, 2020 Administrative Matters 43/2020 owner of 11245 Riverside Dr. E. to permit a sewer (formerly CR1413/87) encroachment into the public right-of-way Financial Revenue: $1,256.35 CAOP Agreement between City and SheaRock Construction Approved Aug 27, 2020 Purchasing By-Law 116/2020 for the Banwell Improvement Project Phase 1 – Tecumseh Rd E to Palmetto St (CR 385/2019) Type: Request for Tender #87-20 Financials: $2,244,700 excluding HST
CAOP Agreement between City and Stantec Consulting Ltd Approved Dec 11, 2020 Purchasing By-Law 149/2020 for the purpose of Storm Water Management Study of Tecumseh Rd Et Corridor Type: Request for Proposal #72-20 Financials: $49,783 excluding HST
CAOP Agreement between City and Election Systems and Approved Jan 17, 2020 Purchasing By-Law 2/2020 Software Canada ULC for the purpose of renting vote counting equipment (Model DS200 Scanner), AutoMark machines (including voice files), ElectionWare Software and also to provide technical support and assist in the installation/testing/training for the vote tabulating equipment software including all related travel expenses incurred by ES&S personnel; the purchase of ballot boxes and ballot printing to be used during the 2020 Ward 7 Municipal By- Election Type: Sole Source Financials: $48,469.50 excluding HST CAOP Agreement between City and Our Lady of the Approved Jan 22, 2020 Purchasing By-Law 4/2020 Atonement Family Centre located at 2940 Forest Glade Dr. for the use of their facility as a voting station for the purpose of the 2020 Ward 7 By-Election Type: Exempt from Purchasing By-Law 93-2012 as per Schedule A - Section 1(c): Employer Expenses - Licenses Financials: $600
CAOP Agreement between City and Coco Paving Inc. for the Approved Jul 17, 2020 Purchasing By-Law 95/2020 construction of sidewalks and surfaceworks on Mountbatten Cres Phase 2 (CR361/2017 and CR224/2018) Type: Request for Tender #58-20 Financials: $228,960 excluding HST
Page 19 of 42
City Council Meeting - March 29, 2021 Page 59 of 133 Ward 8
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Sanitary Sewer Agreement - 1991 Glendale Ave. Approved May 8, 2020 Sewer Agreement 131/2020 Financials: No cost to City (Owner's Cost: $6,000)
CAO Amendment to Parking By-law 9023 - Parking Approved Jun 11, 2020 By-Law Amendments 146/2020 Modifications - No Parking (Rivard Ave.) Financials: N/A
CAO Sanitary Sewer Agreement - 2428 Buckingham Dr. Approved Jun 30, 2020 Sewer Agreement 166/2020 Financials: No cost to City (Owner's Cost: $9,529.41)
CAO Amendment of Street and Alley By-Law 55-2019 for Approved Sep 3, 2020 By-Law Amendments 207/2020 land abutting properties zoned CD2.1 and/or RD3.3 Financials: N/A
CAO Sanitary Sewer Agreement - 1685 Glendale Ave Approved Oct 14, 2020 Sewer Agreement 228/2020 Financials: No cost to City. (Owner Cost: $8,961)
CAO Authorization for City to submit an application to the Approved Nov 12, 2020 Grant Application 252/2020 Solcz Foundation - Splash pad at Fontainebleu Financials: N/A
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 45/2020 owner of 2419 Westminster Blvd. to permit a fence (formerly CR1413/87) encroachment into the public right-of-way Financial Revenue: $7,112.05
CAO Sanitary Sewer Agreement - 1614 Pillette Rd. Approved Apr 2, 2020 Sewer Agreement 95/2020 Financials: No cost to City (Owner's Cost: $9,944)
CAO Amendment to Street and Alley Closing By-law 55- Approved Apr 15, 2020 By-Law Amendments 96/2020 2019 for closure of a portion of the Princess Ave. right-of-way abutting 5050 Tecumseh Rd. E. Financials: $550.00
CAOP Agreement between City and SheaRock Construction Approved May 6, 2020 Purchasing By-Law 61/2020 Group Inc. for the purpose of proceeding with the construction of the Norman Road Sewer, Pavement, Watermain and Streetlighting Rehabilitation Project (CR577/2019) Type: Request for Tender #01-20 Financials: $1,689,819.50 excluding HST
Ward 9
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between the City and Approved Oct 13, 2020 Administrative Matters 108/2020 property owner of 1637 Provincial Rd to permit sign (formerly CR1413/87) encroachment into public right of way Financial Revenue: $921.25
Page 20 of 42
City Council Meeting - March 29, 2021 Page 60 of 133 CAO Encroachment Agreement between City and property Approved Oct 13, 2020 Administrative Matters 170/2020 owner of 3900 Walker Rd to permit sign and parking (formerly CR1413/87) spaces encroachment on public right of way Financial Revenue: $3,413.00
CAO Correcting Deeds for Conveyance of Former Alleys Approved Jul 21, 2020 Administrative Matters 178/2020 Abutting 3714 Howard Ave and 3726 Howard Ave (formerly CR1413/87) Financials: No financial implications to the City in connection with the registration of the Transfer
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 181/2019 owner of 3419 Walker Rd. to permit a sign into the (formerly CR1413/87) public right-of-way Financial Revenue: $951.25
CAO Crossing Protection at 7th Concession Road and Approved Dec 11, 2020 Administrative Matters 258/2020 Canadian National Railway (formerly CR1413/87) Financials: $114,718 excluding HST
CAO Authorization to submit an Eligibility Checklist for the Approved Mar 19, 2020 Grant Application 80/2020 Southwestern Ontario Development Fund Financials: N/A
CAOP Agreement between City and Mill Am Corporation for Approved Aug 7, 2020 Purchasing By-Law 103/2020 the Cold Milling & Asphalt Paving of EC Row Eastbound Collector Rd - Walker Rd to Central Ave (B8/2019) Type: Request for Tender #101-20 Financials: $699,775 excluding HST CAOP Agreement between City and RC Spencer for or Approved Oct 1, 2020 Purchasing By-Law 127/2020 design and contract administration consulting services in the project of Cabana Corridor Improvements Phase 2 – Howard Ave to Dougall Ave (B57/2020) Type: Sole Source Financials: $265,000 excluding HST
CAOP Agreement between City and J&J Lepera for Provincial Approved Sep 25, 2020 Purchasing By-Law 128/2020 Division Corridor Improvements Phase 2, North Roseland Pump Station & Storm Water Management Facilities Project Type: Request for Tender #14-20 (B57/2020 and CR522/2020) Financials: $7,847,000 excluding HST CAOP Purchase Order between City and Canadian Pacific Approved Feb 13, 2020 Purchasing By-Law 14/2020 Railway Company for the purpose of constructing a grade crossing across Canadian Pacific Railway track and lands as part of the Rhodes Drive Multi-Use Trail Type: Sole Source Financials: $109,940 excluding HST
CAOP Agreement between City and Dillon Consulting for Approved Nov 19, 2020 Purchasing By-Law 147/2020 contract administration and onsite services in the project of Provincial Division Corridor Improvements Phase 2 – North Roseland Pump Station and Underground Storm Water Facilities (CR225/2018) Type: Sole Source Financials: $545,000 excluding HST
Page 21 of 42
City Council Meeting - March 29, 2021 Page 61 of 133 CAOP Amendment of current Agreement between City and Approved Apr 2, 2020 Purchasing By-Law 42/2020 Landmark Engineers Inc. for the provision of Detailed Design & Project Administration Services for Rhodes Drive Cycling Facilities Type: Request for Tender #121-18 Financials: upset limit of $88,000 excluding HST CAOP Agreement between City and Front Construction Approved Jun 4, 2020 Purchasing By-Law 74/2020 Industries Inc. for the purpose of rehabilitation of structure #144-CN at EC Row Eastbound Collector (B8/2019) Type: Request for Tender #60-20 Financials: upset limit of $639,710 excluding HST CAOP Agreement with the City and Quinlan Inc. for the Approved Jul 15, 2020 Purchasing By-Law 88/2020 purpose of construction of Rhodes Drive Multi Use Trail Phase 2 (CR627/2016) Type: Request for Tender #35-20 Financials: $953,670 excluding HST
CAOP Agreement between City and Nevan Construction Approved Jul 22, 2020 Purchasing By-Law 99/2020 Byng Rd/Lappan Ave – Lappan Ave to Melinda St Storm Sewer and Curb and Gutter Local Improvement and Pavement Rehabilitation (CR202/2018) Type: Request for Tender #99-20 Financials: $2,192,980 excluding HST
Ward 10
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 101/2019 owner of 180 Eugenie St. W. to permit a curb and (formerly CR1413/87) landscaping encroachment into public right-of-way Financial Revenue: $1,124.25
CAO Encroachment Agreement between City and property Approved May 6, 2020 Administrative Matters 111/2020 owner of 1484 Rankin Ave. to permit a sanitary sewer (formerly CR1413/87) encroachment onto the public right-of-way Financial Revenue: $983.95
CAO Correcting Deed for Release of Agreements to Approved Jul 30, 2020 Administrative Matters 188/2020 Reconvey Land – 130-150 Ouellette Place and 2475 (formerly CR1413/87) Ouellette Place Financials: N/A CAO Lease Agreement between City and Roland Approved Sep 15, 2020 City as Lessor; Grantor; 212/2020 Schlindwein, Roswitha Schlindwein and Peter Pres to Grantee consent to the assignment of a Parking Lease on 2550 Ouellette Avenue Term: the lease is for a term of 30 years with a termination date of August 31, 2023 Financials: N/A
CAO Amendment of Conveyance Price, Street and Alley Approved Sep 24, 2020 By-Law Amendments 220/2020 By-Law 214-2007 for 130-140 Ouellette Ave Financials: N/A CAO Correcting Deed for Conveyance of Former Alley Approved Dec 18, 2020 Administrative Matters 285/2020 Abutting 2364 Dominion (formerly CR1413/87) Financials: N/A
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City Council Meeting - March 29, 2021 Page 62 of 133 CAO Sanitary Sewer Agreement - 1485 Campbell Ave. Approved Feb 13, 2020 Sewer Agreement 37/2020 Financials: No cost to City (Owner's Cost: $12,359)
CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 48/2020 owner of 1707 Tecumseh Rd. W. to permit a sign and (formerly CR1413/87) parking encroachment to encroach into the public right-of-way Financial Revenue: $1,453 CAO Encroachment Agreement between City and property Approved Mar 30, 2020 Administrative Matters 65/2020 owner of 100 Grand Marais Rd. E. to permit a private (formerly CR1413/87) storm sewer encroachment into the public right-of-way Financial Revenue: $921.25
CAO Amendment to Traffic By-law 9148 - School Zones Approved Apr 9, 2020 By-Law Amendments 92/2020 (Labelle St.) Financials: N/A
CAOP Agreement between City and Dillon Consulting for the Approved Nov 12, 2020 Purchasing By-Law 145/2020 purpose of Engineering Services for Structure 177 - Dominion at EC Row Eastbound Type: Request for Tender #137-20 Financials:$109,980 excluding HST
CAOP Agreement between City and Enwin Utilities for a park Approved Dec 3, 2020 Purchasing By-Law 158/2020 lighting connection at Bellewood Park located at 2600 Labelle St Type: Exempt from Purchasing Bylaw - Schedule A - Section 3 (e) Financials: N/A CAOP Agreement between City and Lekter Industrial for the Approved Dec 8, 2020 Purchasing By-Law 164/2020 purpose of Kitchen Renovation at Fire Hall #3 Type: Request for Tender #111-20 Financials: $132,542.00 excluding HST
CAOP Agreement between City and SheaRock Construction Approved Jun 18, 2020 Purchasing By-Law 78/2020 Group Inc. for the purpose of the 2019 Road Rehabilitation X – Grand Marais Rd. from Dougall Ave. to Dominion Blvd. (B8/2019) Type: Request for Tender #79-20 Financials: upset limit of $3,446,205 excluding HST CAOP Agreement between City and Enwin Utilities for a park Approved Jun 30, 2020 Purchasing By-Law 84/2020 lighting connection at Langlois Court Park located at 2730 Parent Ave. Type: Exemption from the acquisition methods of the Purchasing By-law apply, pursuant to Schedule A, Section 11 Financials: No cost to City
CAOP Agreement between City and Armstrong Paving and Approved Jun 30, 2020 Purchasing By-Law 86/2020 Materials Group Ltd. for construction services to place asphalt pathways in Langlois Court Park Type: Request for Tender - #86-20 Financials: $108,210.50 excluding HST
CAOP Agreement between City and Coco Paving Inc. for the Approved Jul 2, 2020 Purchasing By-Law 90/2020 purpose of the 2020 Road Rehabilitation - EC Row Reconstruction (B57/2020) Type: Request for Tender #61-20 Financials: $5,378,000 excluding HST
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City Council Meeting - March 29, 2021 Page 63 of 133 City Wide
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Authorization to sign an Expression of Interest in the Approved Apr 15, 2020 Letter of Support 100/2020 form of an Applicant Certificate and a Letter of Support to the Province of Ontario’s Job Site Challenge Program through Windsor Essex Economic Development Corporation Financials: N/A CAO Authorization for the Corporate Leader - Parks, Approved Apr 9, 2020 Administrative Matters 102/2020 Recreation, Culture and Facilities to sign the KELCOM (delegated by CR232/2012) General Release of Liability – 3D Printed Face Shields Financials: N/A
CAO Approval of the recommended procedure for the 2020 Approved Apr 28, 2020 West Nile Larviciding 109/2020 larviciding and mosquito monitoring program as Requirements determined by the Medical Officer of Health and signing and approval of the letter of support for the larviciding program to the Ministry of Environment Financials: The Windsor-Essex County Health Unit will submit an application to the Ministry of Health requesting that 70% of the total cost of the proposal for 2020 be covered by the Ministry of Health ($49,000 allocated in Operations Department's 2020 Operating Budget; net cost to City in 2019 was $28,321.57)
CAO Authorization for the Corporate Leader - Parks, Approved Apr 23, 2020 Administrative Matters 115/2020 Recreation, Culture and Facilities to sign the waiver, (delegated by CR232/2012) entitled “Agreement For Donated, Aged Or Expired Personal Protective Equipment (“PPE”)” from the Ontario Ministry of Health for all required supply needs through TransForm Shared Service Organization in response to the COVID-19 Pandemic and following approval of the receipt of the donated or purchased supplies from the appropriate department head(s) Financials: N/A
CAO Authorization for the Chief Financial Officer/City Approved Apr 30, 2020 Administrative Matters 120/2020 Treasurer to sign the Compliance Attestation and other (delegated by CR232/2012) such documents required as part of the final reporting requirements for the Associations of Municipalities of Ontario (AMO) Main Street Revitalization Grant Financials: N/A
CAO Authorization for Human Resources to submit Approved May 21, 2020 Student and Youth 122/2020 application(s) to and coordinate participation in Employment Opportunities programs with accredited educational institutions and Programs approved agencies that service students, disadvantaged, underemployed and/or disabled populations for various Unpaid Work Placement Program Initiatives Financials: Work placements will be unpaid, however, any training, equipment or special preparation that is required to perform the activity must be provided by the City and will be covered thru the appropriate department's Operating Budget.
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City Council Meeting - March 29, 2021 Page 64 of 133 CAO Authorization for Human Resources to participate in Approved May 21, 2020 Student and Youth 123/2020 The Student Work Placement Program (SWPP), an Employment Opportunities initiative under the Government of Canada’s – Programs Employment and Social Development Canada (ESDC), for paid work placements in a student’s field of study Financials: Student rate is $16.99/hour; eligible for a wage subsidy of up to $5,000 for every student hired under this program and up to $7,000 for every student hired who is in their first year or who is from an under represented group including women in STEM, persons with disabilities, newcomers, and Indigenous students
CAO Agreement between City and Ontario Motor Vehicle Approved May 28, 2020 Administrative Matters 135/2020 Industry Council (OMVIC) to complete the online (delegated by CR232/2012) renewals of the dealer and salesperson registrations Financials: The annual cost to renew the dealer registration is $250; cost to renew the salesperson registration is $175 every two (2) years.
CAO Authorization to submit to the Federation of Canadian Approved Jun 18, 2020 Grant Application 140/2020 Municipalities (FCM) Municipal Asset Management Program (MAMP) Financials: N/A
CAO Authorization to amend the Claims Settlement Approved Jun 11, 2020 Administrative Matters 147/2020 Authority Procedure (delegated by CR232/2012) Financials: Claims Administrator’s authority to increase from $25,000/claim to $50,000/claim
CAO Authorization for Recreation & Culture to apply to the Approved Jan 22, 2020 Student and Youth 15/2020 Canadian Museums Association's 2020 Young Employment Opportunities Canada Works in Heritage Organizations Program Programs (June 16 - September 5, 2020; Cultural Affairs is requesting two (2) students) Financials: estimated at $16,126.91 (cost-shared between Canadian Museums Association and City; $4,031.73 City's share after maximum funding of $12,095.18 is applied; funded by Cultural Affair's 2020 Operating Budget) CAO Agreement between City and Federation of Canadian Approved Jun 18, 2020 Administrative Matters 150/2020 Municipalities to receive funding from the COVID-19 (delegated by CR232/2012) Community Response Fund as supported by Canadian Medical Association Foundation (CMAF) donation Financials: $34,000 CAO Authorization for the CAO and City Clerk to execute Approved Jun 30, 2020 Energy Agreement 151/2020 Enbridge’s Data Usage Agreement Financials: N/A
CAO Authorization for the CAO to exchange funding Approved Jun 30, 2020 Administrative Matters 152/2020 sources between capital projects from the Canada (delegated by CR232/2012) Cultural Spaces Fund that do not change the total approved funding or impact the timing of capital projects (CR309/2020) Financials: 1. $2,000,000 in 2019 Federal Gas Tax funding for the Celestial Beacon Streetcar project be moved to the Cabana Road project and; 2. $2,000,000 in 2020 Pay as you Go funding for the Cabana Road project be moved to the Celestial Beacon Streetcar project
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City Council Meeting - March 29, 2021 Page 65 of 133 CAO Adoption of the Community Garden Template for Approved Jun 18, 2020 Community Garden License 154/2020 License Agreements and Community Garden Agreement Template for License Renewal Agreements (housekeeping item) Financials: N/A CAO Authorization to sign the Final Release and Discharge Approved Jun 22, 2020 Administrative Matters 157/2020 Form for the Estate of Russel Munro with the bequest (delegated by CR232/2012) to be used to support improvements in City parks Financial Revenue: $191,000
CAO Appointment of Andrew Dowie to the Association of Approved Jul 16, 2020 Committees, Executives, 163/2020 Ontario Land Surveyors and Boards of Directors Financials: N/A
CAO Agreement between City and United Way of Canada Approved Jul 8, 2020 Administrative Matters 164/2020 Centraide Canada for the COVID-19 Emergency (delegated by CR232/2012) Support Fund to assist the capacity of 211 services provided Term: June 1, 2020 - March 31, 2021 Financials: $224,550 CAO Vendor Discount: Windsor Spitfires have offered City Approved Jan 22, 2020 Vendor Discount 17/2020 employees tickets at a discounted rate of $15 for the Red Zone and $18 for the Blue Zone for the hockey games being played on January 30, 2020, February 6, 2020 and February 8, 2020 Financials: N/A
CAO Agreement between City and Ministry of Approved Jan 28, 2020 Administrative Matters 173/2019 Transportation (MTO) to obtain access to collision data (delegated by CR232/2012) through MTO’s ARIS system Financials: $250 fee
CAO Lifesaving Society Swim to Survive (Grade 3) and Approved Jul 28, 2020 Grant Application 180/2020 Swim to Survive Plus (Grade 7) Grant 2020-2021 Financials: Grant covers instructor and transportation costs, City provides facilities in-kind.
CAO University of Windsor Youth Homelessness Research Approved Jul 28, 2020 Administrative Matters 181/2020 Project (delegated by CR232/2012) Financials: N/A CAO Letter of Support for Windsor Essex Fights the Growth Approved Jul 28, 2020 Letter of Support 184/2020 of Human Trafficking (WEFight) application for grant funding Financials: N/A CAO Authorization for the CAO to exchange funding Approved Jul 30, 2020 Administrative Matters 186/2020 sources between capital projects that do not change (delegated by CR232/2012) the total approved funding or impact the timing of capital projects - Federal Gas Tax Grant and Project Funding Redistribution (CR309/2020) Financials: $949,520 in 2019 Pay-As-You-Go funding from Project 7152001 be redistributed to the alternative projects and equivalent amount of Federal Gas Tax funding in each project be moved to Project 7152001
CAO Renewal of License Agreement between City and Approved Jan 8, 2020 Administrative Matters 188/2019 Lifesaving Society for the Swim Program (delegated by CR232/2012) Term: January 1, 2020 - December 31, 2024 Financials: $29,120 (HST Exempt) divided equally over a 5-year period, or $5,824/year
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City Council Meeting - March 29, 2021 Page 66 of 133 CAO Letter of Support to Minister of Canadian Heritage for Approved Aug 26, 2020 Letter of Support 199/2020 City to host Play On! Canada 2021 Hockey Tournament Financials: N/A CAO Agreement with the City and Municipal Transit Approved Sep 1, 2020 Administrative Matters 206/2020 Enhanced Cleaning (MTEC) to access provincial (delegated by CR232/2012) funding Financials: Funding up to $178,336 CAO Authorization for ORION to advertise City of Windsor Approved Sep 24, 2020 Administrative Matters 211/2020 IP address block (delegated by CR232/2012) Financials: No cost to the City
CAO Letter of Support for Essex Non-Profit Homes Approved Oct 14, 2020 Letter of Support 219/2020 application for grant funding Financials: N/A
CAO Amendment to Parking By-law 9023 - Parking Approved Oct 14, 2020 By-Law Amendments 223/2020 Modifications - Personal Accessible Parking, No Parking (Duneshill Ave) Financials: N/A CAO Agreement between City and Town of Amherstburg for Approved Oct 1, 2020 Administrative Matters 227/2020 lease of one firefighting vehicle between October 7, (delegated by CR232/2012) 2020 - November 17, 2020 Financials: No cost to City CAO Authorization for Parks to employ up to eight (8) Approved Mar 3, 2020 Student and Youth 23/2020 students enrolled in St. Clair College of Applied Arts & Employment Opportunities Technology's Horticulture Technician Landscape Programs Program for 2020 Financials: estimated at $100,915 (8 students at $19.71/hour for 40 hours/week for 16 weeks - funded by Parks Department's Operating Budget) CAO Letter of Support for International Council for Local Approved Oct 14, 2020 Letter of Support 232/2020 Environmental Initiatives for their application to the Climate Change Action and Awareness Fund Financials: N/A
CAO Agreement with the City and the Ministry of Municipal Approved Oct 19, 2020 Administrative Matters 233/2020 Affairs and Housing Requirement for Outbreak (delegated by CR232/2012) Management Planning Financials: N/A CAO Authorization for Huron Lodge to submit an application Approved Oct 19, 2020 Grant Application 236/2020 to the New Horizons for Seniors Program Financials: N/A
CAO Authorization for CAO to submit application for Approved Oct 20, 2020 Letter of Credit Adjustments 237/2020 Standby Letter of Credit to BMO Trust Company Financial Savings: $1,540
CAO Vendor Discount: Home or auto insurance through Approved Oct 21, 2020 Vendor Discount 238/2020 Sonnet Insurance Company Financials: N/A
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City Council Meeting - March 29, 2021 Page 67 of 133 CAO Authorization for the City to submit an application for Approved Nov 4, 2020 Grant Application 239/2020 the Enbridge Municipal Energy Plan Incentive Offer Financials: If approved a reimbursement of 50% eligible costs incurred to a maximum of $10,000. CAO Authorization for Human Resources to coordinate the Approved Jan 30, 2020 Student and Youth 24/2020 City's 2020 Award of Academic Excellence Student Employment Opportunities Employment Scholarship Program in cooperation with Programs St. Clair College of Applied Arts & Technology with up to two (2) academic awards, in the form of temporary employment at the City in the Public Works Operations Department – Field Services Division for a student currently enrolled in their second year of the Civil Engineering Technology Program at St. Clair College, having achieved a high level of academic standards and who is not receiving any tuition monies from other companies or agencies Term: 16 weeks in 2020 Financials: $12,233.41/student (Public Works Operating Budget) CAO Letter of Support for grant application by SHO Art Approved Oct 21, 2020 Letter of Support 240/2020 Studios - Art, Performance, Spirit and Performance to Canada Cultural Spaces Fund Financials: N/A
CAO Authorization for Human Resources to participate in Approved Oct 29, 2020 Student and Youth 241/2020 Take Our Kids to Work Day - Wednesday, November Employment Opportunities 4, 2020 Programs Financials: $1,000 allocated from 2020 Human Resources Operating Budget. CAO Amendment to agreement between City and Epic Approved Oct 28, 2020 Property Transactions 243/2020 Properties for approach light No. 322593 easement Financials: N/A
CAO Authorization for the CAO to approve the opening of a Approved Jan 22, 2020 Establishment of New Bank 25/2020 new Canadian bank account and a new US bank Accounts - account Scotiabank signing authority Mayor and Financials: N/A City Treasurer CAO Letter of Support for grant application by Downtown Approved Nov 4, 2020 Letter of Support 250/2020 Windsor Business Improvement Association to Reconnect Festival and Event Program Financials: N/A
CAO Use of any and all voluntary space for the purpose of Approved Nov 18, 2020 Short Term Use of Facilities 254/2020 recruiting 2020-2021 Snow Angels Volunteer Program Financials: N/A
CAO Appointment of Jeff Hagan to Ontario Traffic Council, Approved Nov 20, 2020 Committees, Executives, 259/2020 Vision Zero Working Group and Boards of Directors Financials: N/A
CAO Agreement between City Lori K Gray Psychology Approved Jan 28, 2020 Administrative Matters 26/2020 Professional Corporation for a Peer Support Program (delegated by CR232/2012) with Fire & Rescue Services Financials: $4,000 (start up cost) + $230/hr (consulting services)
CAO Infection Prevention and Control Personnel and Approved Nov 20, 2020 Administrative Matters 260/2020 Training One-Time Funding 2020-21 (delegated by CR232/2012) Financials: N/A
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City Council Meeting - March 29, 2021 Page 68 of 133 CAO Amendment to the Agreement with the City and Approved Dec 8, 2020 Administrative Matters 263/2020 Workforce Software SAAS Agreement to allow for (delegated by CR232/2012) Updates and/or Upgrades to the Current Version Financials: N/A
CAO Agreement with the City and Streetseen Media Inc for Approved Dec 3, 2020 Administrative Matters 264/2020 payment relieve of contract revenue fees for bus (delegated by CR232/2012) shelter advertising between April, 2020 - July, 2020 Financials: $13,909 excluding HST
CAO Agreement between the City and Windsor Economic Approved Dec 3, 2020 Administrative Matters 265/2020 Development Corporation and Ford Smart Mobility (delegated by CR232/2012) Canada Company for a Safety Insights Data Project Financials: N/A
CAO Government of Canada - Student Work Placement Approved Dec 8, 2020 Student and Youth 267/2020 Program (SWPP) 2021 Employment Opportunities Financials: Corporation will be responsible for the Programs mandatory employer related costs associated with hiring youth for employment through the SWPP
CAO Request by Human Resources to promote "A Wellness Approved Dec 21, 2020 Administrative Matters 282/2020 Day Off" as reward for Workplace Wellness Program (delegated by CR232/2012) Financials: cost of one “Day-off” in the 2022 calendar year CAO Agreement between City and TraffiPax LLC for Approved Dec 21, 2020 Administrative Matters 288/2020 installation and maintenance of 10 red light camera (delegated by CR232/2012) systems / Agreement between City and City of Toronto to utilize resources of the Joint Processing Centre Financials: N/A
CAO Authorization to sign the Business Credit Card Approved Jan 31, 2020 Administrative Matters 30/2020 Application with Suncor Energy Inc. for three (3) (delegated by CR232/2012) business credit cards for premium fuel at select fuel stations (premium fuel is not currently available at corporate fuel sites and Provincial regulations effective January 1, 2020 requires the renewable content in gasoline to increase from the current 5% to 10% ethanol (E10) in order to meet the regulatory mandates related to renewable fuel content and reducing greenhouse-gas emissions) Financials: Suncor has offered a discount of $0.035 per litre for use of premium at their retail stations CAO Authorization for the CAO and City Clerk to sign the Approved Jul 3, 2020 Administrative Matters 42/2019 submission for the Ontario After School Program grant (delegated by CR232/2012) to the Ministry of Tourism, Culture and Sport for the program year 2019-2020, and any necessary amending agreements extending the expiry date of the grant Financials: $470,886 ($137,145 from the Ministry of Tourism, Culture and Sport + $61,365 of in-kind funding from partners + $272,376 provided by Recreation and Culture in the form of in-kind facility rental space and administrative staff support - included and funded within the department’s annual operating budget) CAO Agreement between City and MYMEMTAG (Mr. Ken Approved Feb 25, 2020 Administrative Matters 44/2020 Strong, Proprietor) to provide QR (Quick Response) (delegated by CR232/2012) Code tags to be installed at the Corporal A. P. Grenon and Canadian Veterans Memorial Rink at the WFCU Centre or any City Park or Recreation and Culture facility at the City’s discretion under the same terms and conditions Financials: No cost to City
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City Council Meeting - March 29, 2021 Page 69 of 133 CAO Authorization for Human Resources to apply to Approved Mar 3, 2020 Student and Youth 46/2020 Service Canada's 2020 Canada Summer Jobs (CSJ) Employment Opportunities Program (approximately 6-16 weeks in duration; Programs between May-August 2020; no limit to number of participants) Financials: estimated at $6,862.54/student for a 16 week placement at 33.75 hours/week after maximum funding through CSJ of $3,780 is applied; funded by participating departments' operating budgets
CAO Request 2020-03 by TWEPI for use of Tourism Approved Apr 7, 2020 Use of Tourism Reserve 58/2020 Development Infrastructure and Program Reserve Fund (CR427/2018) Fund for Canada's Meeting & Event Expo on August 18 & 19, 2020 in Toronto Financials: $30,000 CAO Appointment of Andrew Dowie to the Board of the Approved Mar 30, 2020 Committees, Executives, 69/2020 Ontario Tourism Marketing Partnership Corporation and Boards of Directors Financials: N/A
CAO 2019 Non-Union Vacation Carryover Report in Approved Apr 6, 2020 Non-Union Vacation 72/2020 accordance with the requirements of the Non-Union Carryover Vacation Carryover Procedure - 21 non-union employees, including the current CAO, forfeited a total of 13.59 vacation days Financials: N/A
CAO Requests 2020-01 and 2020-02 by TWEPI for use of Approved Jan 22, 2020 Use of Tourism Reserve 8/2020 Tourism Development Infrastructure and Program Fund (CR427/2018) Reserve Fund for Destination Ontario USA Pilot Campaign ($100,000) and 2021 Commonwealth Lifesaving Championships ($26,685) Financials: $126,685 CAO Authorization for the Fleet Manager to sign on behalf Approved May 11, 2020 Administrative Matters 86/2020 of City, in an electronic medium, to set up and access (delegated by CR232/2012) the online Petro-Canada SuperPass account as well as online accounts for fleet related vendors Financials: N/A
CAO Vendor Discount: Two (2) year discount with VIA Rail Approved May 8, 2020 Vendor Discount 99/2020 Canada for 7.5% of ticket prices to City employees travelling on business or leisure Financials: N/A
CAOP Agreement between City and Public First for the Approved Aug 26, 2020 Purchasing By-Law 100/2020 provision of providing an economic report for the Office of the Mayor Type: Sole Source (f) - If strictly necessary, and for reasons of urgency brought about by events unforeseeable by the City, the Goods or Services could not be obtained in time using a competitive procurement process. Financials: $328,000 excluding HST plus reasonable amounts for travel and accommodation costs CAOP Agreement between City and all consultants selected Approved Jul 30, 2020 Purchasing By-Law 101/2020 for the Roster of Engineering Consultants and Architects Type: Request for Proposal #152-17 Financials: N/A CAOP Agreement between City and Diane M. O’Connor for Approved Aug 19, 2020 Purchasing By-Law 102/2020 hairdresser/barber services for residents at Huron Lodge Type: Exemption from Purchasing Bylaw - Schedule A - Section 10 (a) Financials: N/A
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City Council Meeting - March 29, 2021 Page 70 of 133 CAOP Agreement between City and Cimco Refrigeration for Approved Aug 7, 2020 Purchasing By-Law 104/2020 the extension of the Arena Ice Plant Refrigeration Maintenance Services Contract Type: Request for Tender #63-17 Financials: $46,320 excluding HST
CAOP Agreement between City and Team Truck Centres to Approved Aug 13, 2020 Purchasing By-Law 106/2020 purchase of one (1) new, unused, Single Axle, DRW, Diesel Powered, Conventional Cab, 15 Ton Roll Off Truck Type: Request for Proposal #89-20 Financials: $148,563 excluding HST CAOP Agreement between City and Morneau Shepell Ltd. for Approved Aug 19, 2020 Purchasing By-Law 108/2020 the purpose of providing the Employee Family Assistance Program (EFAP) Type: Request for Tender #68-14 Financials: $127,274 excluding HST
CAOP Agreement between City and Approved Jan 23, 2020 Purchasing By-Law 11/2020 PricewaterhouseCoopers LLP for the purpose of providing Commodity Tax Consulting to the City for the 2019-2023 fiscal years, with an option(s) to extend through the 2024-28 fiscal years Type: Request for Proposal #161-19 Financials: The consultant will be compensated by charging a percentage of the identified credits and rebates from the annual review as fees. CAOP Agreement between City and ComputerEase for the Approved Aug 26, 2020 Purchasing By-Law 112/2020 purpose of delivering computer training Type: Request for Proposal #89-16 Financials: $59,700 excluding HST
CAOP Agreement between City and Energy Products Approved Oct 21, 2020 Purchasing By-Law 114/2020 Partnership to supply and deliver regular unleaded and ultra sulphur clear and coloured diesel fuel on an as and when required basis (CR232/2013) Type: Request for Tender #83-13 Financials: City of Windsor $2,214,781.00 / Windsor $7,068,192 excluding HST
CAOP Agreement between City and UV Doctor for the Approved Oct 22, 2020 Purchasing By-Law 117/2020 purchase of Ultra-violet lamps for the disinfection system at the Lou Romano Water Reclamation Plant Type: Request for Tender #92-19 Financials: $274,360 excluding HST CAOP Agreement between City and PSD Research Approved Sep 17, 2020 Purchasing By-Law 121/2020 Consulting for services related to the implementation of the CityWide CPA and GIS VIEWER software modules along with training and consulting for CityWide ASSET MANAGER and other software development services Type: Sole Source Financials: $139,200 excluding HST
CAOP Agreement between City and Pierascenzi Construction Approved Sep 22,2020 Purchasing By-Law 122/2020 for the purpose of the 2020 Construction of Sidewalks, Curb and Gutter II (B57/2020) Type: Request for Tender #115-20 Financials: $874,363.54 excluding HST
CAOP Agreement between City and Heaton Sanitation for the Approved Sep 24, 2020 Purchasing By-Law 123/2020 provision of Catchbasin Cleaning (B5/2021) Type: Request for Tender #100-20 Financials:$ 185,577.68 excluding HST
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City Council Meeting - March 29, 2021 Page 71 of 133 CAOP Agreement between City and Assetic Inc for the Approved Sep 24, 2020 Purchasing By-Law 124/2020 purchase agreement for software and consulting services Type: Sole Source Financials: $50,000 excluding HST CAOP Agreement between City and Workforce Software for Approved Sep 29, 2020 Purchasing By-Law 129/2020 the Type: Sole Source Financials: $59,500 excluding HST CAOP Agreement between City and MerakIT Consulting for Approved Oct 14, 2020 Purchasing By-Law 130/2020 the purpose of the AMANDA Upgrade 7 Type: Sole Source Financials: $112,625 excluding HST
CAOP Agreement between City and SUMO I.T. Solutions for Approved Oct 1, 2020 Purchasing By-Law 131/2020 the purpose of Service Now Additional Licensing Type: Sole Source Financials: $4,243.88 excluding HST
CAOP Agreement between City and Coco Paving for the Approved Oct 14, 2020 Purchasing By-Law 134/2020 placement of Surface Asphalt / Cold Milling & Asphalt Paving (B57/2020) Type: Request for Tender #124-20 Financials: $1,808,250 excluding HST CAOP Agreement between City and NuRoots Tree Planting Approved Oct 13, 2020 Purchasing By-Law 136/2020 and Ebert Tree Farm for the purpose of planting of Ball & Burlap Caliper Trees Type: Request for Tender #37-20 Financials: $147,500 / $191,500 excluding HST
CAOP Agreement between City and Telus for the purpose to Approved Oct 22, 2020 Purchasing By-Law 139/2020 amend Enrollment Agreement for Corporate Purchasing Group– Wireless Services Type: Request for Quote Financials: $42,000 excluding HST
CAOP Agreement between City and Clean Water Works for Approved Oct 29, 2020 Purchasing By-Law 140/2020 the purpose of Culvert & Mainline Sewer Relining Rehabilitation (B57/2020) Type: Request for Tender #109-20 Financials: $1,117,377 excluding HST CAOP Agreement between City and Findhelp Information Approved Nov 4, 2020 Purchasing By-Law 141/2020 Services for the purpose of Data Sharing Type: Renewal Financials: $2,179 excluding HST
CAOP Agreement between City and Lucas Approved Nov 18, 2020 Purchasing By-Law 142/2020 Renovations/Parker Construction/Global Maintenance for the purpose of Dirty Yard Cleanup Type: Pre Qualification Tender #153-16 Financials: $24,000 excluding HST
CAOP Agreement between City and Basile Services for Approved Nov 12, 2020 Purchasing By-Law 143/2020 Painting Services Type: Request for Tender #122-20 Financials: $150,000 excluding HST
CAOP Agreement between Royal Painting & Decorating for Approved Nov 5, 2020 Purchasing By-Law 144/2020 Painting Services Type: Request for Tender #122-20 Financials: an upset limit of $150,000 (excluding HST
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City Council Meeting - March 29, 2021 Page 72 of 133 CAOP Agreement between City and Total Power Ltd and 2G Approved Nov 25, 2020 Purchasing By-Law 146/2020 Energy Corp for the purpose of CHP Maintenance Service WFCU Center, WIATC and Huron Lodge LTC (B50/2020) Type: Request for Proposal #52-19 Financials: $189,120 excluding HST / $52,000 excluding HST CAOP Agreement between City and MNP LLP for the Approved Nov 18, 2020 Purchasing By-Law 150/2020 purpose of Time Bank of Consulting Services for Payment Card Industry (PCI) Compliance Type: Sole Source Financials: $2,100 excluding HST
CAOP Agreement between City and Rose City Ford for the Approved Nov 26, 2020 Purchasing By-Law 152/2020 purchase of four 2021 Ford F350 Trucks Type: Request for Tender #158-20 Financials: $149,760 excluding HST
CAOP Agreement between the City and Calian for the Approved Nov 18, 2020 Purchasing By-Law 153/2020 purpose of Phishing Platform Software Type: Sole Source Financials: $13,400 excluding HST
CAOP Agreement between the City and Gescan Approved Dec 8, 2020 Purchasing By-Law 155/2020 Instrumentation for the purpose of SCADA Programming Software for Pollution Control Instrumentation Type: Sole Source Financials: $149,162.22 excluding HST CAOP Agreement between City and Nimble Information Approved Dec 3, 2020 Purchasing By-Law 156/2020 Strategies Inc. /Electronic Document Management (EDM) to allow certain development and workflow design services Type: Sole Source Financials: $266,277 excluding HST CAOP Agreement between City and Jacques Daoust for the Approved Dec 3, 2020 Purchasing By-Law 159/2020 Refurbishment of Primary Settling Tank #2 Launder at LRWRP (B72/2018 and B8/2019) Type: Request for Tender #107-20 Financials: $213,398.08, excluding HST
CAOP Extension of Agreement between City and Ennis Paint Approved Jan 31, 2020 Purchasing By-Law 16/2020 Canada ULC for one (1) year for the supply and delivery of traffic paint (B70/2018; B7/2019; B55/2020; B57/2020) Term: January 1, 2020 - December 31, 2020 Type: Request for Tender #181–18 Financials: Upset limit of $190,552.60 excluding HST
CAOP Agreement between City and DocuSign for the Approved Dec 3, 2020 Purchasing By-Law 161/2020 purpose of implementing digital signature technology Type: Sole Source Financials: $17,729.50 excluding HST
CAOP Agreement between City and Chemtrade Chemicals; Approved Dec 14, 2020 Purchasing By-Law 165/2020 SNF Canada Ltd; Silchem Inc; FloChem Ltd; Univar Canada Ltd Kemira Water Solutions Canada Ltd for the supply of the following chemicals for 2021 at LRPCP (B5/2021) Type: Request for Tender #146-19, #147-19, #148-19, #149-19, #150-19, #151-19, #152-19, #153-19, #154- 19 Financials: $1,994,100 excluding HST
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City Council Meeting - March 29, 2021 Page 73 of 133 CAOP Agreement between City and Danruss Contracting Inc Approved Dec 30, 2020 Purchasing By-Law 167/2020 / Phoenix Drainage / SheaRock for the purpose of Emergency Sewer Repair Type: Request for Tender #166-20 Financials: For the purpose of obtaining unit rates for equipment and labour for unplanned miscellaneous sewer repair works. The work will be granted to the tenderers in accordance with the provisions of the tender documents.
CAOP Agreement between City and Netelligence Inc. (dba Approved Feb 13, 2020 Purchasing By-Law 17/2020 Local Text Marketers Inc.) for the purpose of providing a texting service to notify Employment & Social Services' clients of upcoming appointments Type: Informal Quotation Process Financials: upset limit of $500 USD/month plus tax
CAOP Agreement between City and IMImobile for the Approved Feb 13, 2020 Purchasing By-Law 18/2020 purpose of providing short code messaging (texting) 3- 1-1 for the City of Windsor 311 service Term: 2 years Type: Renewal of Sole Source from 2015 Financials: $2,500/year excluding HST
CAOP Authorization for the Program Manager, Information Approved Feb 6, 2020 Purchasing By-Law 19/2020 Technology Infrastructure to accept the online terms and conditions pertaining to the Apple Business Manager Agreement with Apple Inc. for the purpose of registering the City with Apple Inc. in order to manage Apple-branded products for Mobile Device Management (MDM) and to manage the Apple Business Manager Agreement by electronically accepting future amendments to the terms and conditions requested by Apple Inc. in connection with the Agreement, within the limited parameters as detailed within this report and more specifically where there are no financial or additional significant obligations imposed on the City Term: N/A Type: N/A Financials: N/A CAOP Agreement between City and WorkForce Software Approved Feb 13, 2020 Purchasing By-Law 20/2020 LLC for Managed Services pertaining to configuration management, consulting services, business analysis, and product expertise from the vendor to maintain and update the Workforce Management System (WFM) Term: 2 years Type: Sole Source Financials: $136,000/year plus applicable taxes
CAOP Agreement between City and L.V. Giorgi Construction Approved Mar 9, 2020 Purchasing By-Law 22/2020 Inc. to an upset limit of $757,398, Giorgi Bros (1994) Inc. to an upset limit of $765,700, Pierascenzi Construction Limited to an upset limit of $790,350, 538203 Ontario Limited, o/a Villa Construction Ltd. to an upset limit of $944,775, Coco Concrete Inc. 6950 to an upset limit of $984,075, Danruss Contracting Inc. to an upset limit of $995,375 and J.C.S. Construction Inc. to an upset limit of $1,023,925 for the provision of utility cut restoration and concrete repairs (CR B55/2020) Type: Request for Tender #07-20 Financials: to an upset limit of $6,261,598 excluding HST
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City Council Meeting - March 29, 2021 Page 74 of 133 CAOP Amendment to Agreement between City and Vink Approved Jun 18, 2020 Purchasing By-Law 26/2019 Consulting Inc.to include best practices to address COVID-19 in the review of the interim housing/emergency shelter system (CR300/2018) Type: Request for Proposal #169-18 Financials: $10,803 excluding HST
CAOP Agreement between City and Kimley-Horn and Approved Mar 9, 2020 Purchasing By-Law 27/2020 Associates Inc. for the 2020 KITS Upgrade Program Phase 1 (B57/2020) Type: Sole Source Financials: upset limit of $142,500 (U.S. Funds) CAOP Agreement between City and Microsoft Premier Core Approved Mar 26, 2020 Purchasing By-Law 28/2020 Services for up to 50 hours for Problem Resolution Support and up to 50 hours for Support Assistance Term: April 1, 2020 - March 31, 2021 Type: Sole Source Financials: $56,840 excluding HST CAOP Agreement between City and Amaco Equipment for Approved Jan 31, 2020 Purchasing By-Law 3/2020 the purchase of two (2) new, unused, 2020 Schmidt Stratos III Stainless Steel Salt Spreaders (B8/2019; CR448/2019) Type: Sole Source Financials: $165,384 excluding HST CAOP Agreement between City and iLookabout Inc. for use Approved Mar 9, 2020 Purchasing By-Law 31/2020 of their Real Property Tax Analytics, Report Modules, and Appeals Management Software Type: Sole Source Financials: $84,675 excluding HST
CAOP Agreement between City and Reaume Chevrolet for Approved Mar 26, 2020 Purchasing By-Law 33/2020 the purchase of four (4) 2020 Chevrolet 13,000 lb GVW Cab and Chassis Trucks Type: Request for Tender #16-20 Financials: $143,492 excluding HST
CAOP Agreement between City and Everbridge Inc. for a joint Approved Mar 16, 2020 Purchasing By-Law 34/2020 purchase of a Mass Notification System Type: Sole Source Financials: $77,117.77 excluding HST
CAOP Agreement between City and Rentokill Canada Approved Mar 20, 2020 Purchasing By-Law 35/2020 Corporation for the purposes of rodent extermination on residential properties Type: Request for Tender #38-20 Financials: 2020 - $36,000 (9 months) excluding HST; 2021 - $48,000 (12 months) excluding HST; 2022 - $48,000 (12 months) excluding HST; and 2023 - $12,000 (3 months) excluding HST
CAOP Agreement between City and DiPonti Paving Inc. for Approved Apr 2, 2020 Purchasing By-Law 36/2020 the provision of utility cut restoration and asphalt repairs (B55/2020) Type: Request for Tender #13-20 Financials: upset limit of $1,094,800 excluding HST
CAOP Agreement between City and Turf Care Products Approved Apr 2, 2020 Purchasing By-Law 37/2020 Canada Ltd. for the purchase of one (1) new, unused, 2020 Toro Model 31698 Groundsmaster 5900 large area riding mower with attachments Type: Sole Source Financials: $122,380 excluding HST
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City Council Meeting - March 29, 2021 Page 75 of 133 CAOP Agreement between City and Work Equipment Ltd. for Approved Apr 2, 2020 Purchasing By-Law 38/2020 two (2) new, unused, 2020 MT7 Trackless vehicles with two (2) power angle sweeper attachments (B57/2020) Type: Sole Source Financials: $291,400 excluding HST CAOP Sewer Master Plan Additional Works and Fees - Dillon Approved Sep 11, 2020 Purchasing By-Law 39/2020 Consulting (CR660/2017) Type: Sole Source Financials: $2,878,000 excluding HST
CAOP Agreement between City and all consultants selected Approved Mar 24, 2020 Purchasing By-Law 41/2020 for the Roster of Engineering Consultants and Architects Type: Request for Proposal #152-17 Financials: Each individual assignment does not exceed $100,000 excluding HST as per the provisions of Purchasing By-law 93-2012 s. 113-117
CAOP Agreement between City and Graviton Medical LLC. Approved Mar 30, 2020 Purchasing By-Law 43/2020 for the purpose of providing 20,000 KN95 Masks to be used as PPE for COVID-19 Type: Sole Source Financials: $101,028 excluding HST
CAOP Agreement between City and Infor (Canada), Ltd. for Approved Apr 17, 2020 Purchasing By-Law 44/2020 the purpose of consulting services to upgrade Infor IPS (Hansen) software Type: Sole Source Financials: $30,800 plus non-refundable HST CAOP Agreement between City and D’Amore Construction Approved Mar 31, 2020 Purchasing By-Law 45/2020 Inc. for the purpose of the 2020 Road and Water Rehabilitation IV – Multiple Streets (B57/2020) Type: Request for Tender #25-20 Financials: upset limit of $2,182,000 excluding HST
CAOP Agreement between City and Dutchmaster Nurseries Approved Mar 30, 2020 Purchasing By-Law 46/2020 Limited for the provision of Spring Tree Nursery Stock Type: Request for Tender #36-20 Financials: upset limit of $101,670 excluding HST
CAOP Amendment to current Agreement between City and Approved Apr 15, 2020 Purchasing By-Law 49/2020 Connecting Windsor-Essex to execute the First Amendment (a replacement of Schedule B to reflect the new negotiated rates for Cogeco connectivity fees and CW-E’s Shared Services fee) to the Member Services Agreement that was made the 30th day of April, 2017 (CR759/2002) Term: March 1, 2020 to February 28, 2025 Type: Amendment to an Agreement already in place Financials: N/A
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City Council Meeting - March 29, 2021 Page 76 of 133 CAOP Agreement between City and President's Choice for Approved Apr 17, 2020 Purchasing By-Law 52/2020 the one-time purchase of up to 3,550 $100 President’s Choice gift cards to support families on the Ontario Works caseload as of March 2020 (CR30/2017) Type: Sole Source Financials: $355,000 (cost of the cards being offset by a 5% discount from President’s Choice and donations from the Solcz Family Foundation ($100,000), Windsor Spitfires ($100,000), Windsor Community Foundation ($10,000) Ontario Social Services Relief Fund ($100,000), and Pathway to Potential program (up to $40,000) to cover both the costs of the cards and associated mailing costs) CAOP Agreement between City and Oxford Dodge Chrysler Approved Apr 22, 2020 Purchasing By-Law 53/2020 (1992) Ltd. for the purchase of nine (9) new, unused 2020 Dodge Grand Caravans (B57/2020) Type: Sole Source Financials: $232,056 excluding HST
CAOP Agreement between City and PSD Research Approved Jan 2, 2020 Purchasing By-Law 57/2019 Consulting Software for services related to the implementation of the CityWide Works Module to manage assets of the Parks Department Type: Sole Source Financials: $117,700 excluding HST CAOP Amendment of current Service Agreement between Approved Apr 28, 2020 Purchasing By-Law 58/2020 City and Innotex Inc. for the provision of replacing and purchasing PPEs/bunker gear for Windsor Fire & Rescue Services, extending the term by a twelve (12) month period to October 31, 2021 Type: Request For Proposal #152-16. Extension under sole source Financials: to an upset limit of $150,000 excluding HST CAOP Amendment to current Agreement between City and Approved Jun 16, 2020 Purchasing By-Law 59/2020 Eaton Industries (Canada) Company for an additional expenditure for the supply and installation of new Switchgear Upgrades at the Little River Pollution Control Plant (LRPCP) (CR 172/2017) Type: Request for Tender #169-16 Financials: $3,450 excluding HST CAOP Agreement between City and Dillon Consulting Ltd for Approved Dec 30, 2020 Purchasing By-Law 60/2020 works in support of the implementation of the Sewer Master Plan (CR 660/2017) Type: Sole Source Financials: $617,000 excluding HST CAOP Agreement between City and Bell Canada for Approved May 28, 2020 Purchasing By-Law 62/2020 telecommunication circuits for approximately 121 Centrex lines Term: March 30, 2020 - March 29, 2023 Type: Exempt from Purchasing Bylaw, Schedule A - Section 3 (f) Financials: $3,255/month plus taxes for 36 months
CAOP Agreement between City and Allstream for Approved May 6, 2020 Purchasing By-Law 63/2020 telecommunication circuits for Basic Voice Services & ISDN/PRI Type: Exempt from Purchasing Bylaw, Schedule A - Section 3 (f) Financials: $6,638.75/month excluding HST for 36 months starting June 2, 2020
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City Council Meeting - March 29, 2021 Page 77 of 133 CAOP Agreement between City and ClearRisk Inc. for the Approved May 8, 2020 Purchasing By-Law 64/2020 purpose of ClearRisk licenses, migration of services from SugarCRM to Salesforce, a hosted online claims form, and integration services Type: Sole Source Financials: $34,200 excluding HST CAOP Agreement between City and Meraki IT Consulting Inc. Approved May 21, 2020 Purchasing By-Law 66/2020 for the purpose of conducting an assessment of the AMANDA upgrade Type: Sole Source Financials: $7,200 plus applicable taxes
CAOP Agreement between City and Alite Road Patching & Approved Jun 4, 2020 Purchasing By-Law 67/2020 Road Work Inc. for the provision of spray injection patching at various locations (B57/2020) Type: Request for Tender #66-20 Financials: upset limit of $190,016.20 excluding HST
CAOP Agreement between City and Columbia Professional Approved Jan 23, 2020 Purchasing By-Law 7/2020 Arborists, Davey Tree Expert Co. of Canada, Limited, Forest Glade Tree Experts, Limited, Green Tree Professional Tree Service Inc. and Neuheimer Tree Care & Consulting Inc. for Urban Forestry Services for the Home Owner Maintenance Program for use by Homeowners Term: up to 5 years Type: Request for Proposal #137-19 Financials: There is no financial impact as the agreement will be between the property owner and contractor and there will be no payment made by the City to any of the contractors noted above. CAOP Agreement between City and Toromont CAT Power Approved Nov 16, 2020 Purchasing By-Law 70/2020 System for the Lou Romano Water Reclamation Plant (LRWRP) Diesel #1 Caterpillar Generator Control Panel Upgrade Type: Sole Source Financials: $99,504.48 excluding HST CAOP Agreement between City and Convergint Technologies Approved Jun 11, 2020 Purchasing By-Law 75/2020 for Phase 1 of the design, supply and installation of a new Genetek Closed Circuit Television System (B30/2019) Type: Sole Source Financials: upset limit of $305,033.02 excluding HST CAOP Agreement between City and AEC Solutions, Inc. for Approved Jun 11, 2020 Purchasing By-Law 76/2020 the purpose of managing progress payment certificates for contractors Term: one (1) year pilot with two one (1) year renewal terms Type: Sole Source Financials: $8,670 excluding HST
CAOP Agreement between City and StreetLight Data, Inc. for Approved Jun 11, 2020 Purchasing By-Law 77/2020 the purpose of purchasing a 12-month subscription for traffic data access Type: Sole Source Financials: $66,395 excluding HST
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City Council Meeting - March 29, 2021 Page 78 of 133 CAOP Renewal of Agreement between City and Gatestone & Approved Jan 17, 2020 Purchasing By-Law 8/2020 Co Inc., ARO Inc. and CBV Collection Services LTD for the purposes of providing third party collection services on behalf of the Windsor/Essex Provincial Offences Program Term: January 1, 2020 - December 31, 2020 Type: Request for Proposal #89-15 Financials: Commission Rates Gatestone & Co Inc. 1st Placement - 14.75% Consumer/10% Commercial 2nd Placement - 21.75% Consumer/31% Commercial 3rd Placement - 37% Consumer/50% Commercial Aro Inc. 1st Placement - 13.99% Consumer/9.99% Commercial 2nd Placement - 22.99% Consumer/14.99% Commercial 3rd Placement - 35% Consumer/35% Commercial CBV Collection Services LTD 1st Placement - 14.75% Consumer/14.75% Commercial 2nd Placement - 21.75% Consumer/28% Commercial 3rd Placement - 37% Consumer/45% Commercial CAOP Agreement between City and Infratech Sewer & Water Approved Jun 25, 2020 Purchasing By-Law 80/2020 Services Inc. for provision of zoom cam sewer inspection (B57/2020) Type: Request for Tender - #67-20 Financials: $985,350 excluding HST CAOP Agreement between City and Pavetech Ottawa Ltd for Approved Jul 22, 2020 Purchasing By-Law 81/2020 purpose of routing and sealing various asphalt pavements Type: Request for Tender - #76-20 Financials: $48,951.90 excluding HST CAOP Contract Purchase Order between City and BXF Approved July 17, 2020 Purchasing By-Law 85/2020 Infrastructures Inc. for the purpose of coring and levelling manhole castings at various locations Type: Request for Tender #85-20 Financials: an upset limit of $107,140 excluding HST
CAOP Memorandum of Understanding between City and Approved Feb 5, 2020 Purchasing By-Law 9/2020 Evolta OY to change Phase Dates and Payment Terms Type: N/A Financials: No change to the amount the City is required to pay by moving the dates forward and starting Phase 3 earlier CAOP Agreement with City and Archaeological Services Inc. Approved Jul 10, 2020 Purchasing By-Law 92/2020 for the purpose of providing professional services for the Windsor Archaeological Management Plan Review Type: Request for Proposals #9-20 Financials: $88,860 excluding HST
CAOP Agreement between City and Pierascenzi Construction Approved Jul 16, 2020 Purchasing By-Law 94/2020 Ltd for 2020 construction of sidewalks, curb and gutter (B57/2020) Type: Request for Tender #102-20 Financials: $1,109,675 excluding HST CAOP Agreement between City and Motorola Solutions Approved Jul 17, 2020 Purchasing By-Law 97/2020 Canada Inc. for a four year renewal of the radio system upgrade agreement with security update service and system maintenance and support (B19- 2015) Type: Sole Source Financials: $3,454,948 excluding HST
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City Council Meeting - March 29, 2021 Page 79 of 133 CAOP Agreement between City and FrontDesk Management Approved Jul 31, 2020 Purchasing By-Law 98/2020 Systems for Cloud Based Services Type: Sole Source. (d - III) - Due to an absence of competition for technical reasons Financials: $67,971.80 excluding HST
Combined
CAO # DESCRIPTION STATUS DELEGATION OF AUTHORITY ITEM
CAO Amendment to Parking By-law 9023 - Parking Approved May 11, 2020 By-Law Amendments 118/2020 Modifications - Personal Accessible Parking (Elm Ave. and Assumption St.), No Parking (Mark Ave., Henry Ford Centre Dr., Franklin St., Rossini Blvd. and Tourangeau Rd.), Limited Parking (Girardot St.), Administrative Penalties (Everts Ave.) and Parking Lot (Lot 24) Financials: N/A Wards: 1, 2, 3, 4, 5
CAO License Agreement between City and East Windsor Approved Aug 21, 2020 Community Garden License 155/2019 Community Service Centre o/a Drouillard Place to Agreement continue to use three municipally owned lots on Drouillard Rd. as a community garden and Ontario Public Interest Research Group - Windsor to operate an existing community garden in South Merritt Park Financial Revenue: As the gardens are already existing, the $500 security deposit was waived Wards: 2,5
CAO Authorization for Recreation & Culture to employ up to Approved Jan 22, 2020 Student and Youth 16/2020 four (4) eligible students to assist with the continuation Employment Opportunities of the coordination, cleaning, maintenance and Programs relocation of identified pieces within Windsor's Sculpture Park during summer of 2020 Financials: estimated at $46,910 (4 students at $16.99/hour for 35 hours/week for 17 weeks including Mandatory Employment Related Costs - funded by Recreation and Culture's Operating Budget) Wards: 2, 3
CAO Various Special Event Road Closure requests by BIAs Approved Aug 31, 2020 Special Event Road Closure 160/2020 Term: July 14, 2020 - September 25, 2020 Financials: As part of the initiative approved by City Council (CR 289/2020) all fees are waived for the requested road closures for the 2020 season; Loss of Revenue of $3,550 Wards: 3, 4
CAO Amendment to Parking By-law 9023 - Parking Approved Jan 23, 2020 By-Law Amendments 189/2019 Modifications - Personal Accessible Parking (Albert Rd., Parent Ave., Barrymore Ln., Louis Ave., Bridge Ave., and St. Luke Rd.), On Street Designated Accessible Parking (Ottawa St.), No Parking (McKay Ave., Cedarview St., and Tournier St.), Limited Parking (Factoria Rd.), Parking Lots and Description of Parking Lots (Lot 17 and part of Lot 84) Financials: N/A Wards: 2, 3, 4, 5, 6
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City Council Meeting - March 29, 2021 Page 80 of 133 CAO License Agreement between City and Greater Essex Approved Aug 19, 2020 City as Lessor; Grantor; 190/2020 County District School Board for the purpose of Grantee overflow parking in the parking lots adjacent to the Hon. W. C. Kennedy Collegiate Institute, Talbot Trail Public School and Bellewood Public School Term: September 1, 2020 - June 30, 2021 Financials: N/A Wards: 3, 9, 10
CAO Amendment to Parking By-law 9023 - Parking Approved Jan 23, 2020 By-Law Amendments 21/2020 Modifications - Personal Accessible Parking (Goyeau St., Bloomfield Rd., Melville Dr. and Alexis Rd.), No Parking (Melville Dr.) and Limited Alternate Side Parking (Alexis Rd.) Financials: N/A Wards: 2, 3, 5, 7 CAO Amendment to Parking By-law 9023 - Parking Approved Nov 12, 2020 By-Law Amendments 246/2020 Modifications -Personal Accessible Parking, No Parking (Reginald St, Betts Ave, Clearwater Ave) Financials: N/A Wards: 1, 2, 3, 4, 5, 6, 7, 8, 10
CAO Agreement between City and Ministry of Approved Mar 3, 2020 Administrative Matters 39/2020 Transportation for the maintenance and repair along (delegated by CR232/2012) the Rt. Honourable Herb Gray Parkway Financials: No cost to City Wards: 1, 2, 10 CAO 2020 Vending Zone Agreement Renewals for Approved Mar 3, 2020 Renewal of Existing Vending 40/2020 operation of refreshment vehicle - four (4) approved Zone Agreements vending zone sites between two (2) Mobile Vendors (B. Yewchyn and Z. Cichosz-Grzyb) Term: January 1, 2020 - December 31, 2020 Financial Revenue: $3,350 Wards: 3, 4, 7
CAO Amendment to Parking By-law 9023 - Parking Approved Mar 26, 2020 By-Law Amendments 74/2020 Modifications - Personal Accessible Parking (McKay Ave. and Langlois Ave.), On-Street Designated Accessible Parking (Rankin Ave.), Limited Alternate Side Parking (Chilver Rd.), Alternate Side Parking (Tournier St.), Loading Zones (Chrysler Centre), No Parking (Everts Ave.), Parking Lots (Lot 12, Lot 18, Lot 19 and Lot 23) Financials: N/A Wards: 2, 3, 4, 5, 10 CAOP Agreement between City and Canteen of Canada Approved Mar 24, 2020 Purchasing By-Law 32/2020 Limited for food vending machine services at The Windsor International Aquatic & Training Centre, Capri Pizzeria Recreation Centre, Adie Knox Herman Recreation Complex, Forest Glade Arena and WFCU Centre Community Rinks Term: 3 years Type: Sole Source Financial Revenue: For each year during the term of the agreement, the supplier will pay the City a commission of 15% of net sales and charge the City a $9 communication monitoring fee per vending machine, per month, which will be deducted from the commission payment. Wards: 1, 2, 3, 6, 7
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City Council Meeting - March 29, 2021 Page 81 of 133 CAOP Authorization for the Purchasing Supervisor to set up Approved Jan 22, 2020 Purchasing By-Law 5/2020 contract purchase orders for the supply of various chemicals for LRWRP and LRPCP for 2020 Type: Request for Tender #146-19, 147-19, 148-19, 149-19, 150-19, 151-19, 152-19, 153-19, 154-19 Financials: $3,162,740 excluding HST Wards: 2, 7
CAOP Agreement between City and COCO Paving Inc. for Approved Jun 4, 2020 Purchasing By-Law 71/2020 the purpose of the 2020 Road Rehabilitation VI – College Ave. (B8/2019 and B57/2020) Type: Request for Tender #75-20 Financials: upset limit of $657,300 excluding HST Wards: 2,3
CAOP Agreement between City and COCO Paving Inc. for Approved Jun 4, 2020 Purchasing By-Law 73/2020 the purpose of the 2020 Road Rehabilitation – EC Row Mill and Pave (B72/2018 and B8/2019) Type: Request for Tender #80-20 Financials: upset limit of $3,344,000 excluding HST Wards: 5,8
CAOP Amendment to Contract Purchase Order between City Approved Jun 30, 2020 Purchasing By-Law 87/2020 and Archon Architect Incorporated to provide additional consulting services to design various out of scope change orders for the Lakeview Park Marina project and the design of a new floating dock for Peche Island docking Type: Roster Financials: $16,336 excluding HST (revised upset limit of $133,286 excluding HST) Wards: 6, 7
CAOP Agreement between City and Enwin Connection for Approved Aug 7, 2020 Purchasing By-Law 93/2020 the new Pumping Service located at 33 Prospect Avenue on public right of way Type: Exempt from Purchasing Bylaw, Schedule A, Section 3 (e) Financials: $2,905.68 excluding HST Wards: 2
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City Council Meeting - March 29, 2021 Page 82 of 133 APPENDIX C
Chart Illustrating Totals by Delegation of Authority Item (January 1, 2020 - December 31, 2020) 180
160 156
140
120
100
80
60 53 51 44 40 34 28
14 20 10 10 8 5 3 3 1 2 1 1 2 1 1 1 4 2 3 1 0
City Council Meeting - March 29, 2021 Page 83 of 133 Item No. 8.2
Council Report: C 26/2021
Subject: Award of Proposal No. 23-21 Bicycle/Scooter Sharing Program – Pilot Project - WARDS 2, 3, 4, 5
Reference: Date to Council: 3/29/2021 Author: Laura Ash Policy Analyst 519-255-6268 ext. 6188 Planning & Building Services Report Date: 2/22/2021 Clerk’s File #: SW/13715
To: Mayor and Members of City Council
Recommendation: THAT, in accordance with the terms of RFP 23-21, Council AWARD the contract to supply and operate an e-bike and e-scooter share program in the City of Windsor as a pilot project to the following successful proponent:
Proponent/Company: Bird Canada Inc.
Proposal: Bicycle/Scooter Sharing Program – Pilot Project No. 23-21
Upset Limit: N/A
Account: N/A
Executive Summary:
N/A.
Background:
One of the innovation and integration actions recommended in the City of Windsor’s 2019 Active Transportation Master Plan is to investigate a bike share program. In 2019, Urban Systems Ltd. provided a report, entitled “Windsor Bike Share Feasibility Study”, which provided the recommended framework and service area for the City’s first bike share program as a pilot project.
On April 29, 2020, Report S 7/2020 Bike Share and Scooter Share Services – City-wide was presented to the Environment, Transportation and Public Safety Committee. On
City Council Meeting - March 29, 2021 Page 84 of 133 Page 1 of 6 May 25, 2020, the report was presented to City Council, where the following council resolution was adopted:
CR260/2020
That Council DIRECT Administration to issue a Request for Proposal for a Bike share and E-scooter operator(s) without precluding any potential vendors at this time in both scooter and bike share programs to provide an opportunity for those who want to apply for the RFP to do so even if they do not provide both bike share and/or scooter share service based on Model #3 in the administrative report allowing for Multiple Operators, which will allow Council the opportunity to choose from and deliver options at the appropriate time after the RFP has been received; and,
That the results of the Request for Proposal BE PRESENTED to Council; and,
That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign an agreement with the successful proponent(s), approved by the City Solicitor as to legal content, the Chief Financial Officer and City Treasurer as to financial content, and the Senior Manager of Transportation Planning as to technical content.
A Request for Proposal (RFP) was issued on January 15, 2021 and closed on February 8, 2021 at 11:30:59 a.m. (E.S.T).
The RFP identified that the successful proponent(s) would be responsible for supplying, operating, maintaining, managing, marketing, financing and reporting on the bike/e- scooter share system under the guidelines of a service agreement with the City for a one year pilot project to operate on City property at agreed upon locations within the service area shown in Figure 1 below.
The total service area equals approximately 22.6 km2 (15% of the City) and includes approximately 65,000 residents (30% of Windsor’s population). A minimum fleet size of 450 devices and maximum of 600 devices between all Proponents (including impounded devices) was specified, with potential to increase upon request and review.
City Council Meeting - March 29, 2021 Page 85 of 133 Page 2 of 6
Figure 1 – Phase 1 Service Area –
Generally bound by the Riverfront Pathway to the north, Tecumseh Road to the south, Prince Road to the west and Drouillard Road to the east
Discussion:
Three (3) submissions were received in response to the Request for Proposal (RFP). The proposals offered the following fleet combinations: Bird Canada Inc. – 500 e-scooters and 100 e-bikes
Lime Technology Inc. – 600 e-scooters and 50 e-bikes if awarded sole vendor
City Council Meeting - March 29, 2021 Page 86 of 133 Page 3 of 6
Roll Technologies Inc. – 500 e-scooters
An evaluation committee consisting of 5 members from Transportation Planning, Parks, Transit Windsor and Operations reviewed the submissions and scored each one in accordance with the following criteria outlined in the RFP: 1) Proponent information (5%) 2) Experience (10%) 3) Qualifications (5%) 4) Personnel & Staffing (5%) 5) Financial & Cost Section (15%) 6) Proposed Services (50%) 7) Presentation (10%)
A 30-minute live presentation was held online by each proponent, including a question and answer period. References were provided by each proponent for a pass/fail result. All three submissions passed following phone consultations.
Bird Canada Inc. is the highest scoring proponent and is recommended to proceed with a 1-year pilot project contract.
Transportation Planning will provide the main point of contact with the successful proponent to oversee the program, collect data and ensure communication between internal departments, including the Windsor Police Service.
Risk Analysis:
Risks associated with the pilot program were provided in Report S 7/2020. No further risks have been identified with the recommendations of this report.
City Council Meeting - March 29, 2021 Page 87 of 133 Page 4 of 6 Climate Change Risks
Climate Change Mitigation:
Developing a bike/e-scooter share program as recommended in the City’s Active Transportation Master Plan has potential to lower GHG emissions by encouraging sustainable transportation. The Community Energy Plan calls the implementation of the Active Transportation Master Plan. In addition the Active Transportation Master Plan is included as a Priority 1 Mitigation Action in the Acceleration of Climate Change Actions in response to the Climate Change Emergency report.
Climate Change Adaptation:
Using the bike/e-scooter share program generally involves using an app, which provides potential for public engagement and education opportunities to learn about the benefits of selecting alternative transportation for leisure or commuting.
Warmer temperatures year-round may increase the seasonal span of e-scooter use.
Financial Matters:
The bike/e-scooter share pilot program will run without any capital or operating funding required from the City. The operator, which in this case would be Bird Canada Inc., if approved, would be subject to a $10,000 licensing fee payable to the City on the 1-year anniversary of the contract date. The operator will also be subject to an administrative fee of $1/device/day payable at the end of each month. Therefore, presuming 600 devices for 184 days (assuming operations May 1 – Oct. 31) the pilot bike/e-scooter program would generate $110,400. The funds generated would be used to compensate for staff time, signs/pavement markings required in addition to what is provided by the operator, etc. Administration has reviewed the overall costs of administering the pilot project and the estimated revenue is more than sufficient to cover expected staff time that will be spend on this initiative. The operator will also be providing a $30,000 security deposit for damages, fees related to parking complaints, etc.
Consultations:
Parks Transit Windsor Operations
Conclusion:
In conclusion, of the proposals submitted for RFP 23-21 and in accordance with the City of Windsor’s Purchasing By-Law, Administration recommends the highest scoring proposal submitted by Bird Canada Inc., for providing a pilot e-bike/e-scooter share program in accordance with the Transportation Master Plan and Windsor Bike Share Feasibility Study.
City Council Meeting - March 29, 2021 Page 88 of 133 Page 5 of 6 Planning Act Matters: N/A
Approvals: Name Title
Jeff Hagan Transportation Planning Senior Engineer John Revell Chief Building Official Josie Gualtieri Financial Planning Administrator Shelby Askin-Hager City Solicitor Tony Ardovini On behalf of City Treasurer Mark Winterton City Engineer Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
WBC
Appendices:
City Council Meeting - March 29, 2021 Page 89 of 133 Page 6 of 6 Item No. 10.1
Presentation: SCM 78/2021
Subject: Presentation - Windsor Salt
Pierre Girard, General Manager, Ojibway Mine
City Council Meeting - March 29, 2021 Page 90 of 133 Presentation to Windsor City Council
Pierre Girard General Manager, Windsor SaltLondon, October 23, 2019 March 29, 2021
City Council Meeting - March 29, 2021 Page 91 of 133 Company Confidential: Do Not Copy or Distribute 1 Windsor, Ontario is home to Windsor Salt.
Our roots in this community date back to 1893.
We are committed to operating in Windsor, safely and reliably. Nothing is more important to Windsor Salt than health and safety –not production, not sales, not profit.City Council Meeting - March 29, 2021 Page 92 of 133 Company Confidential: Do Not Copy or Distribute 2 Securing our Local Presence for the Long-Term • For generations, we have produced the salt you know and trust by sourcing from underground salt deposits in the region.
• We’re seeking support from the City and Province to grant extended access to these same salt deposits.
• This will secure Windsor Salt’s future – City Council Meeting - March 29, 2021 and help retain 100 local jobs. Page 93 of 133 Company Confidential: Do Not Copy or Distribute 3 Salt Supply for a Sustainable Future
• The supply of salt that we currently source from salt reserves under the City will only sustain production at our Windsor evaporative salt plant for another 5 to 10 years. • To secure our long-term future in the City of Windsor, we will need access to additional salt reserves which, fortunately, are abundant in the region.
City Council Meeting - March 29, 2021 Page 94 of 133 Company Confidential: Do Not Copy or Distribute 4 Abundance of Salt Deposits in the Area • Some of the best and most accessible salt deposits can be found nearby Windsor Salt’s existing salt production sites under lands owned by the City and the Province.
• Windsor Salt would like to work with the Mayor, City Council, and the Province to find the best and most sustainable path forward for accessing these salt deposits.
• This collaboration would include identifying the best locations, processing the necessary permits and approvals, and, where necessary, securing the relevant mineral rights City Council Meeting - March 29, 2021 to access the salt deposits. Page 95 of 133 Company Confidential: Do Not Copy or Distribute 5 We Understand the Needs of Our Community
• As we have done throughout our long history, Windsor Salt is approaching this matter carefully and thoughtfully. • We have the needs of the community, the environment, and the health and safety of our employees, at the forefront.
City Council Meeting - March 29, 2021 Page 96 of 133 Company Confidential: Do Not Copy or Distribute 6 We Give Back To Our Community
• Windsor Salt has been an active partner of the United Way of Windsor-Essex County for 30 years. • Through this partnership and others, our company and employees have donated more than $3 million dollars to support the local community. • In 2020, Windsor Salt donated $150,000 to nonprofit organizations across Canada that provide essential support to those most in need during this challenging time. City Council Meeting - March 29, 2021 Page 97 of 133 Company Confidential: Do Not Copy or Distribute 7 Over 125 Years We’re Part of the Fabric of Heritage of this Community
• For more than 125 years, Windsor Salt has Operates More than been woven into the fabric of this community. 2 Salt 350 • With two salt production facilities and 350 Production Employees employees located in Windsor today, we’re Sites in the incredibly proud of the fact that our company in Windsor region was founded here, bears the name of this great City and makes products that all Canadians know and trust. City Council Meeting - March 29, 2021 Page 98 of 133 Company Confidential: Do Not Copy or Distribute 8 We Deliver Essential Salt Products
• Windsor Salt makes essential products you know and trust. • Even during these unprecedented times, we stepped up to continue delivering products needed by consumers, customers and communities throughout Windsor, Ontario – and all of Canada. • We take this responsibility very seriously, as the only salt producer in the Windsor-Essex region.City Council Meeting - March 29, 2021 Page 99 of 133 Company Confidential: Do Not Copy or Distribute 9 We Are Your Dependable Partner
• Despite the challenging environment, we remain committed to being a reliable provider of high-quality products --- including culinary salts, water softener salts, pool salt, and de-icing salts that Canadians have come to depend on. • We have proudly called Windsor home since our start in 1893 and want to ensure our continued operations here for many more generations to come. City Council Meeting - March 29, 2021 Page 100 of 133 Company Confidential: Do Not Copy or Distribute 10 Let’s Move Forward Together
• We respectfully request a resolution for Council to recognize the long history of Windsor Salt in the community and direct the city's staff to work with the company to identify sustainable solutions that can secure the long-term future of our evaporation plant in the City of Windsor. • Windsor Salt is committed to ensuring that our project complies with all environmental, technical, permitting, and licensing requirements. • We look forward to working together with the City, Province
and key stakeholders to advance this important project.City Council Meeting - March 29, 2021 Page 101 of 133 Company Confidential: Do Not Copy or Distribute 11 Item No. 11.1
Council Report: C 32/2021
Subject: Corporate Security Plan and Risk Assessment-City Wide
Reference: Date to Council: March 29, 2021 Author: Tom Graziano Senior Manager, Facilities [email protected] 519-253-2300 Ext. 2741 Facilities Report Date: March 12, 2021 Clerk’s File #: APM/14065
To: Mayor and Members of City Council
Recommendation: THAT the update from the Senior Manager of Facilities on the Corporate Security Plan and Risk Assessment BE RECEIVED; and further,
THAT City Council APPROVE the hiring of one Temporary Coordinator of Security Services at an estimated cost at $122,314 to be charged to the Budget Stabilization Reserve, for the development of Corporate security policies, protocols, and a draft implementation plan with options for a centralized Security Division, with a report back to City Council at the 2022 Budget deliberations.
Executive Summary: N/A
Background: In November 2018, following an RFP process, the City of Windsor hired a consultant to conduct physical security threat, vulnerability and risk assessments (TRVAs) at five downtown facilities, and review existing security policies, procedures and security delivery model. The project also included the creation of a Security Master Plan. The draft Security Master Plan deals with governance level issues and includes recommendations for an implementation plan and proposed security procedures that affect multiple departments. The proposed Security Master Plan is still in draft form pending review from internal stakeholders.
While both the TRVA reports and the Security Master Plan offer recommendations for some physical security improvements, the overarching recommendation is to establish a centralized corporate security division. Currently security is decentralized and managed at a department level. A centralized security structure would provide a holistic approach
City Council Meeting - March 29, 2021 Page 102 of 133 Page 1 of 4 that considers corporate needs, and provides consistency and standardization across all departments.
Administration provided a report to City Council for consideration of a Corporate Security Plan at its November 23, 2020 meeting (copy is attached as Appendix A). The following motion was approved:
CR 585/2020
That the report of the Senior Manager of Facilities dated November 6, 2020 entitled “Corporate Security Plan and Risk Assessment” BE DEFERRED to allow for additional information from Administration.
Discussion: The November 23, 2020 report to City Council recommended a centralized division that could be implemented in phases with a Manager and two supervisors to initiate the operationalization of the Division. However, Council may wish to consider an interim alternate approach. A temporary Coordinator position could be identified to develop policies and protocols for a consistent approach to security across the corporation based on the principles within the consultant’s plan. The Coordinator would establish and lead a Corporate Security Committee to provide input into these plans. The Coordinator would also review the consultant’s recommendations and develop a draft implementation plan that would take advantage of existing resources in the corporation and identify gaps for a centralized model, and report back to City Council.
Risk Analysis: The development of a Corporate Security Plan is intended to reduce risk to the Corporation. Continuing with the status quo without corporate policies, procedures and protocols, and decentralized management of security needs leave the Corporation more vulnerable to breaches, risking the health and safety of employees and the security of City infrastructure.
Continuing to operate without corporate security policies and procedures will also result in inconsistencies.
Establishing a temporary security coordinator position will allow for the development of corporate security policies and procedures; however, it should be noted that longer term without additional resources the current decentralized management of security would continue status quo.
City Council Meeting - March 29, 2021 Page 103 of 133 Page 2 of 4 Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation:
N/A
Financial Matters: Financial commitments required to implement a centralized corporate security division include both operational and capital costs.
Operational Costs
As an alternative of immediately proceeding with the phased implementation of a centralized security division, Administration is recommending hiring one temporary coordinator to initiate the implementation of a consistent approach to security in the Corporation. Although a position description would have to be prepared and assessed through the City’s Job Evaluation system, based on other Coordinator level positions it is estimated that the cost for a one year period would be as follows:
Annual Salary (Assume NU13) $101,513
Fringe $18,272
Computer/Phone $1,429
Furnishings/Supplies/Other $1,100
Total $122,314
It is proposed that the one year cost of hiring the Temporary Coordinator estimated at $122,314 would be funded from the City’s Budget Stabilization Reserve and that a follow-up report be presented to City Council during the 2022 budget deliberations which would address any future or ongoing funding requirements that may be required.
Consultations: Representatives from impacted departments were consulted as part of the preparation of the November 23, 2020 report as attached.
Conclusion: Currently, security is decentralized and managed at a department level. Proceeding with a temporary coordinator will allow for the development of corporate policies and
City Council Meeting - March 29, 2021 Page 104 of 133 Page 3 of 4 protocols, work with the departments on addressing recommended measures identified in the Threat, Risk and Vulnerability Assessments (TRVA’s), and draft options for an implementation plan for the recommendations of the audits and studies prepared for the Corporation.
Planning Act Matters: N/A
Approvals: Name Title
Tom Graziano Senior Manager, Facilities
Ray Mensour Acting Commissioner Parks, Recreation, Culture and Corporate Facilities
Shelby Askin Hager City Solicitor
Valerie Critchley City Clerk
Joe Mancina City Treasurer
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A- C 220/2020 Corporate Security Plan and Risk Assessment CR 585/2020
City Council Meeting - March 29, 2021 Page 105 of 133 Page 4 of 4 Council Report: C 220/2020
Subject: Corporate Security Plan and Risk Assessment-City Wide
Reference: Date to Council: November 23, 2020 Author: Tom Graziano Senior Manager, Facilities 519-253-2300 Ext.2741 [email protected] Facilities Report Date: November 6, 2020 Clerk’s File #: AS2020
To: Mayor and Members of City Council
Recommendation: THAT the report from the Senior Manager of Facilities on the Corporate Security Plan and Risk Assessment BE RECEIVED; and further,
THAT the concept of a centralized Security Division within City Administration to be implemented in a phased approach BE APPROVED; and further,
THAT the implementation of the initial phase of a centralized Security Division BE REFERRED to the 2021 Budget deliberations.
Executive Summary: In November 2018, following an RFP process, the City of Windsor hired a consultant to conduct physical security threat, vulnerability and risk assessments (TRVAs) at five downtown facilities, and review existing security policies, procedures and security delivery model. The project also included the creation of a Security Master Plan. The draft Security Master Plan deals with governance level issues and includes recommendations for an implementation plan and proposed security procedures that affect multiple departments. The proposed Security Master Plan is still in draft form pending review from internal stakeholders.
Subsequently, in 2019, Pricewaterhouse Coopers (PwC) initiated an audit to review the City’s Security Programs & Safety Incident Management functions. The review considered the City’s current security resources, policies, procedures, training, and awareness of staff.
There is federal and provincial legislation that requires measures be put in place to ensure employees are afforded a safe and secure place of work. In reviewing other
City Council Meeting - March 29, 2021 Page 1 of 13 Page 106 of 133 cities throughout Ontario, many have started moving to a centralized framework to focus on physical security.
While both the TRVA reports and the Security Master Plan offer recommendations for some physical security improvements, the overarching recommendation is to establish a centralized corporate security division. Currently security is decentralized and managed at a department level. A centralized security structure would provide a holistic approach that considers corporate needs, and provides consistency and standardization across all departments.
This report outlines options for implementing a Corporate Security Division using a phased approach, and seeks Council’s direction.
Background: As a valued corporate function, physical security has emerged as an important component of a municipality’s overall risk mitigation.
The City of Windsor embarked on a project to study how to better protect its people and property. This means ensuring the physical safety and security of all its employees, elected officials, visitors to City facilities, and ensuring that valuable corporate assets are protected.
In October of 2018, a Request for Proposal (RFP No 139-18) was issued for a consultant to conduct a security assessment and master plan, which was awarded in November 2018. The scope of work included:
Comprehensive security threat, vulnerability and risk assessments (TRVAs) of five (5) facilities in the downtown area, including 350 City Hall, 400 City Hall, the Windsor International Aquatic and Training Centre, the Windsor Museum/Art Gallery and the Windsor International Transit Terminal;
Review of existing security policies and procedures, and recommend new ones as required.
Create an overarching Security Master Plan; and
Evaluate the existing security delivery model and assess the need for a dedicated internal security division, and if needed, provide recommendations for organizational structure, management, staffing size, positional responsibilities, and cost.
As part of the TRVAs, select city staff responsible for, associated with, or affected by the security at the five facilities were interviewed. City departments that participated in the interviews include representatives from Facilities, Recreation & Culture, Transit Windsor, Human Resources (Health & Safety), Social Services, Council Services, Licensing, Information Technology, the Corporate Leadership Team, the CAO and the Mayor’s Office.
The consultant also conducted site visits of the five facilities to assess features such as the physical layout, the security systems, lighting, the site locations relative to surrounding neighbourhoods, and activities at each site.
City Council Meeting - March 29, 2021 Page 2 of 13 Page 107 of 133 In the Fall of 2019, PricewaterhouseCoopers (PwC) initiated an audit to review the City’s Security Programs & Safety Incident Management functions. The review considered:
Adequacy and sufficiency of security resources;
Adequacy of policies and procedures in place and contingent plans in case of possible service failure; and
Training and awareness of staff.
Most aspects of a physical security plan can be achieved by applying the six D’s: Deter, Detect, Deny, Delay, Defend and Document. When taken in a broad context, these principles will aid in developing a security strategy. The table below gives examples of controls that aid with each principle.
Principle Objective Examples of Controls
Deter the criminal from attempting Fencing, lighting, signage, visible Deter a breach security cameras and security guards Detect possible unauthorized Video surveillance cameras, intrusion Detect intrusion in time to respond alarms, duress alarms, motion lighting appropriately and security guards Deny entry to unauthorized Access control system, locks, security Deny persons, while allowing authorized guards and policies/procedures persons to enter Delay or slow down an active Fences, locked gates/doors and intrusion enough to force the security guards Delay intruder to give up, or allow the security team to respond Defend through security personnel Security guards and communication Defend or police response that attempts to devices (phones, radios) stop or apprehend the intruder Documents to establish when and Policies, procedures, training how controls are implemented, manuals, incident reporting software, standards, roles, rights, authorities inspection logs. and responsibilities. Also includes Document incident reports to retain a record and details of every security incident, to aid in risk management and trending.
City Council Meeting - March 29, 2021 Page 3 of 13 Page 108 of 133 Current Conditions
The City does not have a centralized corporate security department. That said there are positions that include varying degrees of responsibility for security as part of their duties in their service areas.
The following is a summary of the status of the City’s physical security controls.
Oversight and Supervision
Oversight and supervision of security is managed at the department or facility level.
At the City Hall campus for example, the Facilities Department plays a lead role in overall security; however, some departments have added responsibility for the security of their suites, employees and clients. For example, Social Services independently contracts a security guard dedicated to their suites on the first floor of 400 City Hall Sq.
Other departments that have responsibility for managing some or all of the security of their facilities include Recreation, Huron Lodge, Social Services, Traffic Operations, Windsor Public Library, Transit Windsor, and Legal.
Security Guards
The current approach is decentralized, although most departments utilize third party security guards through a corporate contract.
The Facilities department has managed the procurement and administration of a corporate security guard contract. Facilities then works with departments that require guard services to provide contact information, and answer any questions they may have. Departments that use security guards have their own budgets for security, provide the guard’s post orders (assignments) and schedules, and receive and pay invoices.
Regular users of security guard services include Facilities, Recreation, Huron Lodge, Social Services, Public Works, Traffic Operations, Windsor Public Library and Transit Windsor. There are nine (9) locations with contracted on-site guards on regular daily schedules. Others use the service on an ad hoc or occasional basis to provide security at events or respond to alarms.
The current security guard contract is valid until September 30, 2022, with an option to extend for two (2) additional one (1) year terms, upon mutual agreement of the parties.
In addition to contract security guards, an off-duty uniformed police officer is present at all City Council meetings and special meetings of Council, as a proactive measure to enhance the protection to the Mayor, Council, Administration and the public. Likewise, an officer is stationed in front of provincial offences court during court times.
Security Infrastructure
Security infrastructure includes electronic systems built into facilities intended to monitor and protect assets, as well as control access. Systems include video surveillance, card access, intrusion alarms and duress/panic alarms.
City Council Meeting - March 29, 2021 Page 4 of 13 Page 109 of 133 Security infrastructure also includes exterior physical barriers such as fencing, gates, walls, bollards, and landscaping, or building architecture such as lighting, doors and turnstiles.
Again, responsibility and budget for security infrastructure is decentralized. Facilities is responsible for managing a large percentage, but there are exceptions. For example, Public Works (Environmental Services, Maintenance, Traffic Operations, and Pollution Control), Transit Windsor, and Windsor Public Library all fund and manage their own systems.
Policies and Procedures
Policies and procedures guiding the consistent installation and use of security infrastructure is lacking, however there are some corporate standards. With most of the systems requiring connection to the network, and computer hardware and software, the IT Department plays a significant role in supporting the installation and management of security systems. Human Resources is currently responsible for programming access cards, initiating them for new employees, making changes to access as required, and terminating access when employees leave the corporation.
A few examples of existing security related corporate policies and procedures include:
The City Hall Emergency Response Manual Corporate Security Systems Standards And Recommendations Facility Access and Identification Badge Policy and Procedures Notice of Trespass Policy
Discussion:
The purpose of this report is to seek Council’s direction on the creation of a corporate security division, and approval for capital and operating funding required to do so.
Legal Requirements
There is legislation that supports the need for a greater focus on security as it relates to preventing harm and keeping persons safe.
The Occupational Health and Safety Act (OHSA) requires employers to provide their employees with working conditions that are free of known or potential dangers, and to take every precaution reasonable in the circumstances for the protection of a worker. Bill 168 came into effect in 2010 and amended the OHSA to include violence and harassment in the workplace. Implementing security measures is one way to protect workers from harassment and the potential of physical force in a workplace that causes or could cause physical injury, as well as protect members of the public that visit City facilities.
Bill C-45 was federal legislation that amended the Canadian Criminal Code and established new legal duties for workplace health and safety, and imposed serious
City Council Meeting - March 29, 2021 Page 5 of 13 Page 110 of 133 penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others. Amendments added Section 217.1 to the Criminal Code which reads: “Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
The other relevant legislation is the Occupiers Liability Act which states that an “occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” The Corporation is the occupier of its properties, having “possession of the premises”, and “responsibility for and control over the condition of premises”.
Our Peers
Many municipalities in Ontario have embarked on establishing a centralized security framework and division, including cities such as Toronto, Ottawa, Mississauga, Brampton, Guelph, Kitchener, Sudbury and London. Hamilton and Pickering established security divisions in the last two years.
The reporting structure varies with most reporting under Facilities or Corporate Services. A small survey of municipalities in Ontario shows that a number of municipal security division budgets are typically over $1 million, and some in the Greater Toronto Area are in excess of $7 million.
Results of Studies and Audits
In 2018, City Council approved funding to conduct security assessments of select facilities and develop a Security Master Plan. The Security Master Plan and recommended procedures are still in draft form pending a review with internal stakeholders. The plan deals with governance level issues and includes recommendations for a Security Implementation Plan and proposed security procedures that affect multiple departments. Security procedures can be confidential information and will require administrative review and updates on a regular basis.
Although some physical improvements are recommended, the overarching recommendation of the TRVA reports and the Security Master Plan is to establish a centralized corporate security division.
The PwC “Security Incident Prevention and Mitigation” audit of April 2020 produced the following four findings, and highlighted throughout the report the challenges of a decentralized responsibility for security.
1. Establish protocols for joint ownership of security policies and monitoring controls
2. Establish and define responsibilities to monitor contractual requirements
3. Enhance additional preventative or mitigation security protocols, measures or devices.
City Council Meeting - March 29, 2021 Page 6 of 13 Page 111 of 133 4. Enhance protocols for managing and documenting dynamic security plans
As previously noted, part of the security consultant’s scope was to assess the need for a dedicated internal security division, with recommendations for an organizational structure. The consultant does recommend that the City establish a centralized corporate security division, and recommended a number of positions.
Administration reviewed the recommendations, and although they may form the ideal vision for a corporate security structure, they were evaluated considering the fiscal reality that the City faces. The recommendations were amended to provide a more viable phased approach for Council’s consideration.
Proposed Security Division Structure
The consultant’s report recommends that a centralized corporate security division include the following responsibilities, which are currently performed ad hoc, by various departments, or not at all.
Establish and maintain security policies, procedures and guidelines; Manage access control which could include access cards and keys; Manage and maintain security infrastructure such as access control, alarm systems, duress alarms and video surveillance systems; Administer security related contracts such as alarm monitoring and security guard services; Manage guard services, including contracted guard services, and in-house security guards (if any); Maintain a centralized security incident database, and conduct analysis to assess trends and corporate needs; Provide security planning and prepare operating and capital budgets; Conduct and manage security investigations, audits and assessments; Coordinate and deliver security related training. In order to deliver the above services, it is recommended to create a security control office at the City Hall campus, which would house dedicated security staff members and the required resources and equipment. Capital funds would be required to locate and fit-up such a control office.
The key position of a corporate security division is a Corporate Security Manager. The consultant’s security report recommends, “that a Corporate Security Manager be identified and hired to ensure that this individual is in the position of building the Corporate Security Department from the ground up during its phased roll out...”
With the required staff and budget, the Corporate Security Manager would provide managerial oversight to a security division including:
The development, execution and monitoring of security policies, procedures, and standards
City Council Meeting - March 29, 2021 Page 7 of 13 Page 112 of 133 The division’s operating and capital budgets, Staff resources, training, development and performance issues. The maintenance of the City’s security systems including intrusion, CCTV and access controls. Incident trending and analysis. Assist in the investigation and resolution of any internal or third party claims related to security. Coordinate security assessments of facilities and other assets Maintain knowledge of regulatory and legislative requirements, collective agreements, best practices and emerging industry trends and make recommendations with respect to enhancements and implications. To assist the Manager in daily duties, two positions are recommended. A Supervisor of Security Operations and a Supervisor of Security Systems & Standards.
The Supervisor, Security Operations would be responsible to supervise security guard staff and/or contracted services, issue post orders, respond to daily security issues, coordinate control and issuance of keys, monitor security video, maintain incident reporting, schedule and train security guards and coordinate security for council meetings and City events. With the support of security guards, this position would also provide close protective security for the Mayor, Councillors and senior administration if and when required. Ideally, there would be three (3) Supervisor, Security Operations positions to provide supervision and guidance to security guards, and attend after-hours meetings and events on the afternoon and night shifts and weekends.
The Supervisor, Security Systems and Standards would be responsible to develop, maintain and monitor security policies, procedures and standards, corporate security training, coordinate and manage installation and maintenance of security systems such as CCTV, access control, intrusion, and duress systems, as well as other physical security infrastructure such as fencing, gates, locks, doors, etc. and administer security contracts including security guard and alarm monitoring.
The consultant’s security report also recommends hiring in-house security guards employed by the City. The report suggests that creating in-house security guard positions provides the benefit of greater consistency, quality and reliability of staff, with knowledge of City policies, protocols, and organizational structure, as well as greater control of training and performance.
Under s.2(4) of the Private Security and Investigative Services Act, 2005, a Security Guard is defined as “a person who performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property.” and must be licensed to act as a security guard.
Council should refer to the related Private and Confidential memo for additional information.
Security guards play a role in all of the six D’s: Deter, Detect, Deny, Delay, Defend and Document. Duties may include:
City Council Meeting - March 29, 2021 Page 8 of 13 Page 113 of 133 Patrolling and monitoring activities on City premises regularly to: o Prevent and detect unauthorized intrusion; o Ensure security of doors, windows, and gates; o Prevent and discourage criminal activity and ensure the environment is safe and secure; Enforce the laws, rules and policies of the site they are assigned to; De-escalate volatile situations; Evicting trespassers and violators and detaining perpetrators while following legal protocols before police arrive to take over; Controlling the entrance and departure of employees, visitors, vendors and vehicles according to protocols of a given site; Monitoring surveillance cameras to watch for any disruptions or unlawful activities; Respond to intrusion and duress alarms; Call police, fire or ambulance departments in cases of emergency Providing detailed reports on daily activities and any incidents that may have occurred; Arming, monitoring and testing of security systems. While there are varying combinations of contracted vs in-house security guard combinations, it is recommended to have a core team of in-house security guards, and contract out the rest. Should Council choose to approve a limited number of guards, the priority location for in-house guards would be at the City Hall campus. Guards at the City Hall campus are present at each of the two building around the clock, seven days a week. To staff only the City Hall campus 24/7/365 year round would require at least eight Regular Full Time Security Guards, plus an additional two Regular Part Time Security Guards to cover sick and vacation time. The minimum would be three guards to cover the day shift on weekdays when the most activity is experienced.
If all regular guard posts were filled with in-house staff, at least 20 more RFT Security Guards and 8 RPT Security Guards would need to be hired in addition to the guards required at City Hall campus.
It should be noted that the rate for in-house security guards will be more costly than contract security guards, and will cost a premium of over $30,000 per guard per year based on a 40 hour/week schedule at current contract rates.
Phasing
Recognizing that the operating budget required to implement a fully staffed security division would be overwhelming all at one time, a phased approach can be used, allowing council to increase the scope and size over a number of years. Below is an option for phasing in a corporate security division.
City Council Meeting - March 29, 2021 Page 9 of 13 Page 114 of 133 Many security related functions are currently performed by various departments. A centralized security division would continue to rely on, and work with other departments such as HR, Health & Safety, IT, Legal, Police and others to provide comprehensive security services. The implementation phasing plan will determine the amount of responsibilities that can be consolidated under a new division.
Below is a possible physical security organizational structure and one alternative for phasing in a corporate security division.
Phase 1
Starting with one position is more fiscally tolerable, but will provide limited resources to achieve results. Ideally all staff would be hired at the inception, but introducing the Corporate Security Manager, the Supervisor, Security Operations and the Supervisor, Security Systems & Standards positions would provide a practical foundation.
With these three positions in place, the following initiatives can begin:
Centralize responsibility for existing and new security related policies, procedures, standards and guidelines;
City Council Meeting - March 29, 2021 Page 10 of 13 Page 115 of 133 Centralize responsibility for security infrastructure corporately, including access control, alarm systems, duress alarms and video surveillance systems (may require that security budgets across the corporation be consolidated); Centralize responsibility for security related contracts such as alarm monitoring and security guard services; Establish and maintain a centralized security incident report database; Provide centralized resource for security planning; Conduct and manage security investigations, audits and assessments; Coordinate and deliver security related corporate training.
Phase 2
Three (3) in-house Security Guard positions for the weekday day shifts at City Hall.
Phase 3
Add in-house Security Guards as the budget allows.
Risk Analysis: The recommendations in this report are meant to reduce risk. Failing to implement the recommendations leaves the Corporation more vulnerable to security breaches, thereby risking the health and safety of employees and the security of City infrastructure.
Continuing to operate without a centralized security structure will continue to result in inconsistencies in, or absence of, the application of security measures, data, policies and procedures. Any gaps in providing a centralized security structure could place people and assets at risk, and may be viewed as a negligence in duty to protect workers in the workplace.
Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation:
N/A
Financial Matters: Financial commitments required to implement a centralized corporate security division include both operational and capital costs.
City Council Meeting - March 29, 2021 Page 11 of 13 Page 116 of 133 Annual Operational Costs
If Council wishes to establish a Security division, dedicated positions would be required. The table below provides annual costs for positions that may form part of a security structure. The titles and salaries are assumptions based on current organizational structures and similar positions, and may change following the job evaluation process.
Position Title Annual Salary Total with Fringe
Manager, Corporate Security $132,203 $175,830
Supervisor, Security Operations $103,537 $137,704
Supervisor, Security Systems and $103,537 $137,704 Standards
Security Guards $51,917 $69,049
Administrative and Technical Support $86,351 $114,846
If Phase 1 as described in the discussion section is implemented in 2021, the total annual salary budget for the 3 positions would be $451,237 including fringe benefits. Additional budget would be required for vehicles, computers, uniforms, equipment, licensing, training, etc.
The various departments that currently use security guard services have operating budgets that could be used to offset part of the cost of in-house security guards.
In addition to annual operating costs, one-time capital costs would likely be required to create a Security Control Centre including expenditures for items such as furniture, lockers, computer equipment, and building renovations.
A follow-up report will be forthcoming with a detailed financial analysis should Council approve the creation of a security division.
Consultations: Norm Synnott, Executive Director, Information Technology Vincenza Mihalo, Executive Director, Human Resources Julie Ryckman, Manager, Occupational Health & Safety & Wellness Dana Paladino, Deputy City Solicitor - Purchasing, Risk Management, and Provincial Offences Alina Sirbu, Executive Director/Administrator Huron Lodge Andrew Daher, Executive Director, Employment and Social Services Dwayne Dawson, Executive Director, Operations/Deputy City Engineer Ray Mensour, Executive Director, Recreation and Culture
City Council Meeting - March 29, 2021 Page 12 of 13 Page 117 of 133 Pat Delmore, Executive Director, Transit Windsor Kitty Pope, Chief Executive Officer, Windsor Public Library Mark Spizzirri, Manager, Operating Budget Control & Financial Administration Tracy Ou, Financial Planning Administrator, Facilities
Conclusion: This report is submitted to Council for information following a project to assess the physical security risks at five facilities, review of the current security model, and an audit by PwC that reviewed the City’s Security Programs & Safety Incident Management functions. The consultants for these projects concur there is a need for a centralized division responsible for physical security.
Currently security is decentralized and managed at a department level. A centralized security structure would provide an overarching holistic approach that considers corporate needs, and provides consistency and standardization across all departments.
Planning Act Matters:
N/A
Approvals: Name Title
Tom Graziano Senior Manager Facilities
Jan Wilson Commissioner of Parks, Recreation, Culture and Corporate Facilities
Shelby Askin Hager City Solicitor
Valerie Critchley City Clerk
Joe Mancina City Treasurer
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices:
City Council Meeting - March 29, 2021 Page 13 of 13 Page 118 of 133 Item No. 11.2
Council Report: C 34/2021
Subject: 2020 Status Report regarding Cannabis Retail Store Applications Submitted to AGCO – City Wide
Reference: Date to Council: March 29, 2021 Author: Larissa McCorkell (A) Senior Manager of Administration/Executive Assistant to the CAO 519-255-6100 ext. 6607 [email protected] CAO Office Report Date: March 15, 2021 Clerk’s File #: GP/13047
To: Mayor and Members of City Council
Recommendation: THAT the report of the Chief Administrative Officer dated March 12, 2021 regarding the 2020 cannabis retail store application submissions forwarded to the Alcohol and Gaming Commission of Ontario (AGCO) BE RECEIVED for information; and,
THAT Administration BE PROVIDED DIRECTION as to whether City Council wishes to continue to receive future status reports on this matter.
Executive Summary:
N/A
Background:
During the Council Meeting on Monday, July 27, 2020 discussions ensued regarding Report C 149/2020: Application for a Cannabis Retail Store Authorization at 3514 Walker Road, Unit 2. Councillor Holt gave notice that he intended to introduce the following draft motion for Council’s consideration at the August 4, 2020 meeting of Council, pending administrative comment at that meeting:
“That with regards to the City of Windsor receiving requests for written submissions regarding an application for a Cannabis Retail Store Authorization, from the Alcohol and Gaming Commission of Ontario (AGCO), that Administration BE DIRECTED to follow provincial guidelines for locations of cannabis retail stores as the City of Windsor’s new municipal guidelines, as well as the City of Windsor’s zoning requirements, and to
City Council Meeting - March 29, 2021 Page 119 of 133 Page 1 of 4 approve accordingly those applications that meet these minimum standards, without the need for Council approval; and further,
That Administration BE DIRECTED to report back to Council as communication items on the application submissions that have been forwarded to the AGCO.”
Subsequent to the notice of motion, the Mayor and City Council requested additional information from Administration, specifically regarding what the City’s existing approved guidelines were on the matter in comparison to the provincial guidelines.
At the August 24, 2020 Council Meeting, Administration provided City Council with additional information for a Notice of Motion regarding Municipal Guidelines for Cannabis Retail Stores. The following was approved by City Council at that meeting by CR442/2020:
“That with regards to the City of Windsor receiving requests for written submissions regarding an application for a Cannabis Retail Store Authorization, from the Alcohol and Gaming Commission of Ontario (AGCO), that Administration BE DIRECTED to follow provincial guidelines for locations of cannabis retail stores as the City of Windsor’s municipal guidelines, as well as the City of Windsor’s zoning requirements, and to approve accordingly those applications that meet these minimum standards, without the need for Council approval, and further,
That Administration BE DIRECTED to report back to Council as communications items on the application submissions that have been forwarded to the AGCO.“
Discussion:
Prior to the new resolution, the City provided the following submissions to the AGCO between January 1, 2020 – August 24, 2020 based on Council’s individual decisions:
Resolution Number of Applications
City Does Not Object 21
City Objects* 1
Tie 1
*Note: The one application was objected because the motion was put and lost due to an equality of votes.
City Council Meeting - March 29, 2021 Page 120 of 133 Page 2 of 4 Since the new resolution adopted by Council on August 24, 2020, the City has provided the following submissions to the AGCO based on the Province’s guidelines for cannabis retail store applications:
Resolution Number of Applications
City Does Not Object 7
City Objects 0
Following the Province’s guidelines, the City will only object to applications that are within 150 metres of a school and those that are in a location where the zoning does not permit it.
A listing of Cannabis Retail Store Applications for 2020 is attached to this report as Appendix A.
Risk Analysis:
The level of risk is low. Comments to the AGCO must be submitted by the municipality within 15 days. If submissions are not received within this period, they will not be considered. However, the AGCO is the provincial authority in cannabis retail licenses and The Corporation of the City of Windsor has no recourse if the AGCO issues a license despite any objections made. Since the new resolution, there has been little issue in being able to submit comments to the AGCO within the public notice time frame.
Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation:
N/A
Financial Matters:
N/A
City Council Meeting - March 29, 2021 Page 121 of 133 Page 3 of 4 Consultations:
N/A
Conclusion:
The 2020 status report is provided to City Council to fulfill an ongoing commitment for submitting comments regarding Cannabis Retail Store Applications to the AGCO on behalf of the municipality.
Planning Act Matters:
N/A
Approvals: Name Title
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A - 2020 Cannabis Retail Store Applications
City Council Meeting - March 29, 2021 Page 122 of 133 Page 4 of 4 2020 Cannabis Retail Store Applications
STORE ADDRESS STORE NAME RESOLUTION
1 7833 Tecumseh Rd E ShinyBud Cannabis Co. City did not object 650 Division Rd, Unit 2 402 Sessions Windsor City did not object
3 74 Chatham St W Greentown Ontario City did not object
4 1565 Wyandotte St E The We Store City did not object
5 6050 Tecumseh Rd E The We Store City did not object 1800 Huron Church Rd, 6 Unit B The We Store City did not object
7 4782 Wyandotte St E Boondom City did not object 3580 Tecumseh Rd E, 8 Unit 4 Cannabis Supply Co. City did not object 3395 Howard Ave, 9 Unit 4 Cannasavvy Cannabis Co. City did not object
10 398 University Ave W Grass Roots City objected
11 1350 Provincial Rd The Cannabis Retail Store City did not object
12 315 Ouellette Ave Cloud 29 City did not object 300 Cabana Rd E, 13 Suite 2 Cloud 29 City did not object
14 1485 Erie Street E Top Shelf Canabis City did not object
15 1326 Ottawa St, Unit 1A Uptown Hempire City did not object
16 1550 Huron Church Rd Spiritleaf City did not object 4050 Walker Rd, 17 Unit 300 The We Store City did not object 7201 Tecumseh Rd E, Friendly Stranger - East 18 Unit 104 Windsor City did not object 3196 Dougall Ave, Friendly Stranger - South 19 Unit A8 Windsor City did not object
20 1320 Walker Rd One Plant Walkerville City did not object 7405 Tecumseh Rd E, 21 Unit 200 Urbnbud Tie Vote The Higher Cannabis 22 3407 Walker Rd Company City did not object Page 1 of 2
City Council Meeting - March 29, 2021 Page 123 of 133 2020 Cannabis Retail Store Applications
STORE ADDRESS STORE NAME RESOLUTION
23 3514 Walker Rd, Unit 2 High Profile City did not object Submissions to AGCO following CR 442/2020:
1 1149-1151 Lauzon Rd Pioneer Cannabis Co. City did not object
2 1368 Ottawa St True North Cannabis Co. City did not object
3 611 Tecumseh Rd E House of Grass City did not object 2615 Howard Ave, 4 Unit 5 Royal Blunt Cannabis City did not object 3395 Howard Ave, 5 Unit 4* Cannasavvy Cannabis Co. City did not object 3100 Howard Ave, 6 Unit T19A Tokyo Smoke City did not object
7 7555 Tecumseh Rd E One Plant Tecumseh Road City did not object
*City submitted comments to AGCO on original application May 15, 2020 under the previous process and again on November 19, 2020 for a subsequent application under the new process. Administration was not advised as to reason for the subsequent application.
Page 2 of 2
City Council Meeting - March 29, 2021 Page 124 of 133 Item No. 11.3
Council Report: C 8/2020
Subject: CQ4-2019 Recreation and Culture - Events Approval Process - City Wide
Reference: Date to Council: March 8, 2021 Author: Michelle Staadegaard Manager, Culture & Events (A) Tel: 519-253-2300 x. 2726 [email protected]
Recreation and Culture Report Date: January 15, 2020 Clerk’s File #: SR2021
To: Mayor and Members of City Council
Recommendation: THAT the report submitted by the Manager, Culture & Events(A), in response to CQ4- 2019 regarding the identification of efficiencies within the approval of road closures BE RECEIVED for information.
Executive Summary:
N/A
Background:
The following Council Question was asked at the February 25, 2019 meeting of City Council:
“CQ4-2019: Asks that administration consider options to streamline the process to help with street closures looking at all options including efficiencies that can lead to lowering administrative time and costs while still allowing timely processing of applications. Please consider fees in the schedule as well as barricade rentals and Fire Department fees.”
The City of Windsor Recreation & Culture Department conducted an internal business process review for the approval of street closures to identify opportunities for efficiencies. In addition to street closures, Administration reviewed the business process for the following items to determine if there were other efficiencies to be realized:
1. Special Event Road Closures
City Council Meeting - March 29, 2021 Page 125 of 133 Page 1 of 7 2. Special Events at City Facilities and Parks
3. Alcohol and Gaming Commission Letters of Non Objection
4. Noise Bylaw Waiver Exemptions in association with a Special Event
5. Letters of support for Community Festivals and/or Outdoor Events with no requested financial contribution
6. Significant Event Status Designation (can not be delegated to Executive Director - requires Council approval)
The staff in the Recreation & Culture Department collaborated with the Manager of Business Process Modernization from the Information Technology (IT) Department to conduct a review of the existing event approval process. The review was extensive and highlighted the cumbersome workflow required when approving an event. The results identified opportunities for efficiencies that could result in improved customer service levels, while mitigating risks associated to corporate visibility.
Current Approval Process:
Before considering any improvements to the current process, it is important to understand what the current process entails. Presently, if an event organizer wants to host an event, the organizer will contact the Recreation and Culture department to speak with the special events staff. The special events staff would determine the level of impact the event may impose on the surrounding community, and what level of resources of other departments or agencies may be required for the event.
If the event were classified to have minimal community impact such as a small wedding ceremony at Jackson Park, or walk-a-thon on Ganahcio Trail, City administration would then determine the insurance requirements based on the insurance matrix. Administration would then provide the client with a permit and invoice based on the Council approved user fee schedule (room rates, permit fees, service fees etc.).
If special events staff would determine the event to have a high level of community impact such as a road closure, concert at Festival Plaza or involve alcohol further discussions with the client and approvals from members of the Special Events Resources Team (SERT) would be required. Members of SERT include representatives from Windsor Police Services, Windsor Fire, EMS, City of Windsor Risk and Legal, Operations, Traffic, AGCO and Windsor Essex Health Unit. In order to process an event that is classified to have a higher level of community impact, administration requires a detailed Special Events Agreement with the client rather than a facility use permit that is currently used to book any other Recreation or Culture facility.
City Council Meeting - March 29, 2021 Page 126 of 133 Page 2 of 7 The current Special Events Agreement approval process requires approval and signature from the Chief Administrative Officer (through the By-Law Number 208-2008) to execute a Special Events Agreement. Within this process, a CAO report is circulated for signatures from a minimum of six departments. The process is extensive and could take approximately 4 weeks (on average) to complete.
Discussion:
Through the business process review, it was identified that there are opportunities to improve the current processes, which will result in efficiencies and improve customer service levels. The following events/requests currently require the process of approval from the Chief Administrative Officer (CAO):
1. Special Event Road Closures;
2. Special Events at City Facilities and Parks;
3. Alcohol and Gaming Commission Letters of Non-Objection;
4. Noise Bylaw Waiver Exemptions in association with Special Events;
5. Letters of support for Community Festivals and/or Outdoor Events with no requested financial contribution;
The new Active.Net booking software system has the ability to upload a standardized (pre-approved by the Legal Department) agreement that maintains the requirement for an organizer’s signature, as well digitizing all required documentation into one centralized location. This creates a more efficient and expeditious approach to the client’s file. The agreement could be updated as required to address any new by- laws/restrictions, or additional requirements or fees.
The Delegation of Authority By-law, 208-2008, already delegates authority to Administration to undertake the necessary approvals. With the CAO further delegating authority to the Executive Director of Recreation or designate the following events and requests would be processed through the Active.net permitting software:
1. Special Event Road Closures
2. Special Events at City Facilities and Parks
3. Alcohol and Gaming Commission Letters of Non-Objection
4. Noise Bylaw Waiver Exemptions in association with Special Events
To ensure that all appropriate departments (including SERT) remain aware of the above events and requests, the following processes would occur:
• Special Events Checklist completed which documents all controls and approvals (Appendix B – Special Events Checklist).
City Council Meeting - March 29, 2021 Page 127 of 133 Page 3 of 7 • SERT consultation, reviewed and received traffic plans, event and emergency/site plans (when required) would be stored in Active.net.
The following processes would remain using the special events checklist (Appendix B – Special Events Checklist):
• Review of event and approval by SERT.
• Consultation from surrounding residents of event requests, for road closures and noise bylaw exemptions, as per the current process, which includes mail outs and information posted on the City website.
• All traffic plans for road closures must be reviewed and received by the Executive Director of Operations, or designate and supported by Windsor Police Services and Windsor Fire and Rescue Services.
• Legal name verification through acceptable proof of legal name, supplemented by verification of legal name on the Certificate of Insurance, and ultimate approval of the Certificate of Insurance.
• Financial Planning Administrator of Recreation & Culture reviews that the customer has no outstanding financial balances owing to the Corporation.
• Business Licence review and confirmation by Policy, Gaming, Licensing & By- Law Enforcement when required for Letter of Non Objection.
• Distribution of special event listing as notification to the CAO’s office and any other applicable parties on a quarterly reporting schedule.
• Provision of upcoming road closures to City Council and community representatives for information.
SIGNIFICANT STATUS AND NEW EVENTS
Significant Status refers to the approval for event organizers to sell and retain all profits from the sale of alcoholic beverage at their events. This request requires a different AGCO application for approval, and must include a Council Resolution, submitted by the event organizer, attached to their application. These requests require a Council Report. As such, a change cannot be made to this approval process for this document.
Historically, it was customary that all new events go to Council for approval. As part of the events approval process, the following events and requests will continue to be presented to Council;
• New National or International events (i.e. Memorial Cup)
• New events requesting financial support in waiver of fees
• Significant Event Status Designation
City Council Meeting - March 29, 2021 Page 128 of 133 Page 4 of 7 All other events will be considered as per the Delegation of Authority By-law, 208-2008 that delegates the authority to Administration to undertake the necessary approvals with the CAO further delegating authority to the Executive Director of Recreation or designate.
ROAD CLOSURE FEES
In comparing the fee structure for road closures amongst comparable municipalities with similar size/scope, Windsor’s fee structure is very competitive (please refer to Appendix A – Fee Structure). Requirements from other municipalities include assessment fees for advertising the road closures, advertising fees for alternative Transit services, or for changes to route including the change for increasing scheduling. Supplemented services such as barricades and bagging of parking meters are similar. Some of these other noted municipal fee structures and services are included or not assessed in the City of Windsor. The City of Windsor’s permit fee is $154.50 for a major road closure while other municipalities vary from $266.00 to $650.00 dependant on if the request is for a full, partial and rolling road closures.
As required by the Laws of the Highway Traffic Act, a submitted Traffic Plan from the event organizer must be reviewed and received by the Executive Director of Operations or designate. Through these assessments, additional costs associated with road closures may include Police Services, additional security, fire inspections, detour signage and barricades. These additional costs are as a direct result of a number of factors including the length and number of roads, the number of intersections impacted, traffic re-routes and traffic flow considerations, etc. Consideration for required building access, and safe access to amenities such as fire hydrants and connects are also necessary to include in the planning and approvals. All efforts by SERT to assist the event organizer to ensure safety and for proper equipment and personnel to be delegated to each request in an as efficient and cost effective manner as possible is considered.
The recommended changes to By-Law Number 208-2008 would centralize the delegation to approve special events, Letters of Non Objection and Letters of Support for Community Festivals and/or Outdoor Events to the Recreation & Culture Department and would affect the following administrative sections of the by-law:
• Section 1.4 – Noise By-Law Exemption;
• Section 1.7 – Special Events Road Closure;
• Section 1.10 – Special Events at City Facilities and Parks;
• Section 1.48 - Signing Letter of Non-Objection – AGCO Liquor Licence Application Requirements;
• Section 3.13 - Letters of Support for applications by outside groups or agencies where there is no financial commitment on the City;
It is anticipated that the recommended business process change will improve the turn around time of approvals by allowing the Recreation and Culture Department to issue a
City Council Meeting - March 29, 2021 Page 129 of 133 Page 5 of 7 permit to the end user. Permit language for special events will be vetted through the Legal Department for their approval as required.
Risk Analysis: The initial risk factors which instigated these controls were two-fold: Concern that the municipal departments operate as individual silos and would not have the wide overview that a CAO’s review could provide and; there was a risk that documentation could be overlooked or delayed in its submission; and the correct information was not provided by the vendor prior to their event occurring.
Since the initial requirement for the CAO review, which occurred approximately ten years ago, as well as prior to this assessment, many of these risks have been formally mitigated and controlled within the Recreation and Culture event management process before the DOA report flow is initiated.
The following significant risk items identified in the business process assessment report would continue using the Special Events Checklist (Appendix B – Special Events Checklist)
• Legal name verification through the submission of Articles of Incorporation or other acceptable proof as determined by the Legal Department, and a Certificate of Insurance and approval of same. • The Recreation and Culture Department staff meets with SERT committee and sends email for confirmation to all involved. • Financial Planning Administrator reviews that the customer has no outstanding financial balances owing to the Corporation. • All traffic plans for road closures must be reviewed and received by the Executive Director of Operations and supported by Windsor Police Services and Windsor Fire and Rescue Services.
Climate Change Risks
Climate Change Mitigation:
N/A
Climate Change Adaptation:
N/A
Financial Matters: This process change would have no financial impact.
In addition, the current process of the Financial Planning Administrator for Recreation and Culture reviewing major special events for any financial implications and confirming that the customer has no outstanding balances with the Corporation will remain a part of the administrative task and would be transferred as an item on the Special Events Checklist.
City Council Meeting - March 29, 2021 Page 130 of 133 Page 6 of 7 Consultations:
Trevor Bennet, Manager Business Process Modernization
Dana Paladino, Deputy City Solicitor
Dwayne Dawson, Executive Director of Operations
Gary Cian, Deputy License Commissioner & Senior Manager of Policy, Gaming, Licensing & By-Law Enforcement
Larissa McCorkell, Acting Senior Manager of Administration and Executive Assistant to the Chief Administrative Officer
Alex Trillanes, Alcohol and Gaming Comission of Ontario
Conclusion: The implementation of the proposed streamlined events approval process in this result will result in an approval process that would take on average 1 to 2 weeks versus the current 4-week timeframe.
Planning Act Matters: N/A
Approvals: Name Title
Michelle Staadegaard Manager, Culture & Events (A)
Ray Mensour Executive Director, Recreation & Culture
Jan Wilson Commissioner –Parks, Recreation, Culture & Corporate Facilities
Shelby Askin Hager City Solicitor
Valerie Critchley City Clerk
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A - Road Closure Comparison Chart 2 Appendix B - Special Event Checklist
City Council Meeting - March 29, 2021 Page 131 of 133 Page 7 of 7 Municipality Road Closure Comparison Chart
Barricade Fee Municipality Population (2020) Road Closure Fee 2021 (Exclude HST) Fire Inspection Fee Other Charges Notes (Exclude HST)
Windsor 221,955 $103.00 - $154.50 $10.25 per day $150.00-$300.00 $ 103.00 - Noise bylaw $60.00 delivery fee $ 72.26 - $216.78 WPS(hourly) $ 47.87 - Meter Bagging per 10 meters
London 392 279 $ 260.00 Appraisal Fee $5.75 per day Meter Bagging **Multi step application $ 165.00 Application Fee $ 50.00 - Administration Fee process $ 1,182.00 Advertising Fee $ 9.00 meter per day
Kitchener/Waterloo 562,000 $78.80 $8.05 **Roadway closure and/or partial closure per Lane/Per Day to a max of $150.00 per day
Hamilton 536,917 $707.10 N/A $291.70 $ 300.00 Sign/post Traffic *3rd party provides barricades
Toronto 6,196,731 $116.00 - $ 11,346.98 Special occasions *Signature Events, One Day, permit for the Athletic and local discharge of Family Fireworks Per Permit $212.37
Barrie 197,059 $143.71
Peel 1.50 million $ 550.00 - Full N/A $ 275.00 Partial & Rolling
Oakville 217 420 $ 127.00 Deposit $185.00 $ 59.37 -Fire Safety $ 70.00 Permit Fee Plan Review $ 330.00 Permit Fee if Traffic Control Provided $ 286.00 Fire $ 1,521.00 - $ 657.00 BIA or Charity Event Inspection Fee $ 195.00 - Plus a per km rate of road occupation
Ottawa 1,393,086 $ 13,338.12 Street/Lane Opening $194.36 $ 9,598.52 (Arterial, major collector, collectors) $ 9,033.52 (arterial, major collector, collectors) $ 4,822.52 (local road, lane) $ 4,257.52 (local road, lane)
Winnipeg 762,700 $550.00 Permit $ 53.00 deposit $137.00 *Street closure Permit - via $34.00 Administration fee Public works Parade permit via special events - no fee
Detroit 667,272 $400 per 8 hours/ $1,200 for 24 hr N/A
City Council Meeting - March 29, 2021 Page 132 of 133 Special Event Checklist
Insurance Schedule Liability Amount: Yes No Yes No Certificate of Certification of
Insurance Received: Insurance Approved: 1-Jan-20 1-Jan-20
Not Applicable Date Approved Date Item Received Approved (N/A) Received By: Approved: Traffic Plan Emergency Site Plan Fire Inspection Complete Business Legal Name
Certificate Approval of Legal Name Certificate of Insurance
(COI) Noise Notification Letter Temporary Road Closure
Notification Letter Safety & Security Plan Electrical Safety Authority
(ESA) Special Event Checklist
*For Letter of Non-Objection only Business Licence Check Extension of Patio Service Special Occasions Permit
Noise By-Law Exemption & Temporary Highway Closure Schedules No objections from SERT. Yes No Notification of the event was shared with local businesses and residents pertaining to the amplification of sound with restricted times as Yes No Not Applicable directed by City Council. No objections were received. Notification of the event was shared with local businesses and residents pertaining to the Yes No Not Applicable temporary road closure times as directed by City Council. No objections were received.
Parks, Recreation & Culture & Facilities 2450 McDougal Street | Windsor | ON | N8X 3N6 Tel: (519) 253-2300 Email: [email protected] SPECIAL EVENTS | Last Updated: 2/18/2021 City Council Meeting - March 29, 2021 Page 133 of 133