City Clerk’s Department • Bureau du Greffier - Winnipegwinnipeg.ca/clerks/fippa/records/102016/1609852ResponseandRecord… · City Clerk’s Department • Bureau du Greffier

City Clerk’s Department • Bureau du Greffier

50 Myrtle Street • 50, rue Myrtle Winnipeg • Manitoba • R3E 2R2

www.winnipeg.ca

October 27, 2016

Re: Your request for access to information under Part 2 of The Freedom of Information and Protection of Privacy Act: Application Number 16 09 852

On September 28, 2016, the City of Winnipeg received your request for access to the following records:

Please provide a copy of the partnership agreement between the Bronx Park Community Club and Good Neighbours Active Living Centre Inc. dated approximately June 2005 respecting the facility at 720 Henderson Highway, Winnipeg.

A search of Community Services Department records did not return a partnership agreement between Bronx Park Community Club and Good Neighbours Active Living Centre dated approximately June 2005. Accordingly, your request for access is refused under paragraph 12(1)(c)(i) of The Freedom of Information and Protection of Privacy Act, as the records do not exist.

Although we were unable to locate the 2005 document you have requested, the department did locate a 2016 Joint Use Agreement between the City of Winnipeg, The General Council of Winnipeg Community Centres, Bronx Park Community Club, and Good Neighbours Active Living Centre, which may satisfy your request. Access to this record has been granted in full and is enclosed. The Standing Policy Committee on Property and Development Minutes for September 16, 2014, along with Schedule A have also been provided as additional context. Subsection 59(1) of The Freedom of Information and Protection of Privacy Act provides that you may make a complaint about this decision to the Manitoba Ombudsman. You have 60 days from the receipt of this letter to make a complaint on the prescribed form to:

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Manitoba Ombudsman 750 - 500 Portage Avenue Winnipeg MB R3C 3X1 982-9130 1-800-665-0531

Sincerely,

Konrad Krahn Corporate FIPPA Coordinator

Minutes – Standing Policy Committee on Property and Development – September 16, 2014

REPORTS

Minute No. 256 Proposed Agreement with the General Council of Winnipeg Community Centres, Bronx Park Community Centre and Good Neighbours Active Living Centre Inc. at 720 Henderson Highway (North Kildonan Ward)

STANDING COMMITTEE RECOMMENDATION:

The Standing Policy Committee on Property and Development concurred in the recommendation of the Winnipeg Public Service and recommended to Council:

1. That the City of Winnipeg enters into a Joint Use Agreement with the General Council of Winnipeg Community Centres, Bronx Park Community Centre and Good Neighbours Active Living Centre Inc. at 720 Henderson Highway in accordance with the attached Terms and Conditions as stated herein.(See Schedule A)

2. That the Proper Officers of the City be authorized to do all things necessary to implement the intent of the foregoing, including the execution of the documents related thereto.

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Minutes – Standing Policy Committee on Property and Development – September 16, 2014

DECISION MAKING HISTORY:

The Chairperson called Councillor Orlikow to the Chair in order to move the following motion:

Moved by Councillor Browaty, That the recommendation of the Winnipeg Public Service be concurred in

and forwarded to the Executive Policy Committee and Council.

Carried

Councillor Browaty resumed the Chair.

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In March 2006, Council approved capital funding in the amount of $43M for the Recreation, Leisure and Libraries Facilities Policy, including $3.9M previously approved under the Canada Strategic Infrastructure Fund (City, Province, Federal), for the Bronx Park Community Centre Project.

In 2008, final funding approval was secured and approved by City Council authorizing the development of a new 25,000 square foot facility for Bronx Park Community Centre and Good Neighbours Active Living Centre use, to be located at 720 Henderson Highway.

In September 2009, the new City-owned facility opened under the name of Bronx Park Community Centre, home of Good Neighbours Active Living Centre.

On September 11, 2012 the Standing Policy Committee on Property and Development received the report on a proposed Lease Agreement as ‘information only’.

The Lease Agreement was not acceptable to the parties and the Community Services Department was asked to develop a new agreement with Bronx Park Community Centre, Good Neighbours Active Living Centre and General Council of Winnipeg Community Centres for the shared use of the facility.

This proposed Joint Use Agreement is endorsed by the Bronx Park Community Centre, Good Neighbours Active Living Centre and General Council of Winnipeg Community Centres and is recommended for approval in accordance with the terms and conditions of the attached Schedule A.

Schedule

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Proposed Terms and Conditions for a Joint Use Agreement between the City of Winnipeg, General Council of Winnipeg Community Centres, Bronx Park Community Centre and the

Good Neighbours Active Living Centre Inc.�

Landlord: City of Winnipeg�

Partners: General Council of Winnipeg Community Centres,(hereinafter referred to as "GCWCC"); Good Neighbours Active Living Centre Inc., (hereinafter referred to as "GNALC"); and Bronx Park Community Centre (hereinafter referred to as "BPCC");

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Building Area: The main floor area of the building is 25,205 sq. ft. The Bronx Park Community Centre has care & control of the facility and surrounding grounds.

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Use: For operating & maintaining a multi-purpose r ec r eat ion and active living centre and for no other purposes. BPCC and GNALC shall work together to determine access times for each party as necessary for their programming needs.

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Term: Five (5) year term commencing the date of approval or until cancellation by either party as set forth in the agreement.

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Option to Renew: A further five (5) year commencing at the expiration date.

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Fees: Annual fee in the sum of $10.00 plus GST payable on the Commencement Date and on the anniversary in each year.

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Realty Taxes: BPCC and GNALC are responsible for all realty taxes, municipal taxes, school taxes, local improvements, license fees, business tax, etc. of which may be charged in respect of the use and occupation of the subject property. BPCC and GNALC are entitled to make application to the City pursuant to the provisions of the Municipal Assessment Act of Manitoba and City of Winnipeg Community Groups Occupying City-owned Facilities Bylaw 89/2005; (By-law 89/2005 of The City of Winnipeg, exempts from property tax, non-profit occupiers that use or operate the property or a portion of it, as a community hall, community recreation area, community centre or community rink);

Admin Fee: An annual administration fee of $250.00 plus GST;

Cancellation: This agreement is subject to cancellation by either party,upon providing 90 days’ not ic e in writing;�

Schedule

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Upon termination, cancellation o r exp i r at i on of the Agreement BPCC and GNALC shall not remove anyimprovements, except for contents owned by BPCC or GNALC and shall restore the premises to a condition satisfactory to the City's Director of Planning, Property and Development and the Director of Community Services. Should BPCC or GNALC default in so doing the City may restore the premises at the sole risk and expense of BPCC and GNALC.

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Notwithstanding the termination of this agreement in any manner herein provided for, BPCC and GNALC shall be and remain liable to the City for all payments due and obligations and liabilities incurred hereunder up to the date of such termination and for the fulfillment of all obligations on the part of the Lessee to be observed and performed upon or after such termination;

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Insurance: BPCC shall comply with any and all insurance requirements of the City or GCWCC as set out in the Management Agreement and/or the Accountability Manual.

GNALC shall provide and maintain the following insurance coverage at all times during the duration of the contract:

(i) Commercial General Usability Insurance in the amount of at least two million dollars ($2,000,000.00), inclusive, with The City of Winnipeg added as an additional insured, across liability clause; such as liability clause, such liability policy to also contain blanket contractual liability cover;

(ii) An “All Risk” property insurance policy, for the full replacement cost insuring contents, equipment, tenant improvements and business interruption;

(iii) Automobile liability insurance for owned and non-owned automobiles used for or in connection with this Agreement in the amount of at least TWO MILLION DOLLARS ($2,000,000.00) to remain in place at all times during the full term of the Agreement; such insurance may be met through the commercial general liability cover where applicable;

All property policies written on behalf of GNALC shall contain a waiver of any subrogation right which GNALC insurers may have against the City and against those for whom the City is, in law, responsible, whether any such damage is caused by the act, omission or fault of the City or by those for whom the City, is, in law, responsible;

All policies shall be taken out with insurers licensed to and carrying on business in the Province of Manitoba;

Schedule

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Loss, if any, shall be payable to the City, as their interests may appear;

All other applicable deductibles shall be borne by GNALC;

GNALC shall not cancel, materially change, or cause any such policy or policies to lapse without minimum thirty (30) days prior written notice to the City;

GNALC shall provide written notice to the City of any material changes to their policies within thirty (30) days of the change taking effect;

GNALC shall file with the City a Certificate of Insurance in a form satisfactory to the City Solicitor;

The City shall have the right to alter the limits and/or coverages as reasonably required from time to time during the continuance of this Agreement and for any subsequent renewals thereof, provided that the City shall give GNALC reasonable notice and shall request reasonable change.

Joint Use of Subject Property: The Subject Property shall not be used for any purpose other than the program and service mandates as adopted by each organization within their respective Constitutions and By-Laws.

BPCC and GNALC agree to work together through the Facility Working Group to determine access times for each party as necessary for their programming needs. Access times will be based on the different peak hours of operation for each organization, in particular, BPCC’s need to use the Subject Property on evenings and weekends and GNALC’s need to use the Subject Property on weekdays during the day.

Upon availability, BPCC and GNALC shall provide space at no charge to the City sponsored programs, providing that no additional costs are incurred by BPCC/GNALC. City programming must not compete with existing programming offered at the facility.

BPCC and GNALC shall make the facility available to the City for the hosting of special events upon receipt of ninety (90) days written notice. The City will be responsible for any repairs or damages caused by such use. The City will act in good faith to accommodate BPCC and GNALC scheduled events.

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BPCC and GNALC shall be permitted to use the Subject Property for the hosting of special events or joint initiatives as approved by the Facility Working Group. BPCC and GNALC will be jointly responsible for any repairs or damages caused by such use.

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Operating Costs: BPCC will be responsible to pay all operating and utility costs relating to the Subject Property as more particularly set out in the applicable Universal Funding Formula, Management Agreements and Accountability Manual.

Schedule

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GNALC will be responsible to pay a proportionate share of all Site Expenses arising out of their use and access of the Subject Property, such amount will be determined at regular intervals by the Facility Working Group.

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City’s Responsibilities: The City shall provide funding under the Universal Funding Formula to BPCC for use as set out therein and as set out in the Management Agreement. �

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