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HomeMy WebLinkAbout13 009 Agreement with Bruce Power for 705 Princes Street THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KB7 . ; , ollt, OF 1(10 BY -LAW NO. 2013 - 009 BEING A BY -LAW TO AMEND BY -LAW NO. 2006 - 006 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH AMEC NNC CANADA LTD. FOR THE USE OF 705 PRINCES STREET WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act • shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS with the passing of By -law No. 2006 - 006 the Council of The Corporation of the Municipality of Kincardine entered into an agreement with AMEC NNC Canada Limited to grant an exclusive licence to use the site of the former W.E. Thompson Public School, located at 705 Princes Street; AND WHEREAS with the passing of By -law No. 2008 - 086 the said agreement, formerly with AMEC NNC, was assigned to Bruce Power A. L.P; AND WHEREAS with passing of Resolution # 12/16/09 - 08 authorization to amend and restate the original agreement was provided; • AND WHEREAS Council deems it advisable to amend the said agreement with Bruce Power A. L.P; AND WHEREAS Bruce Power L.P. shall be taking over the rights and obligations of Bruce Power A L.P. as of the effective date of the amended agreement; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Schedule "A" of By -Law No. 2006 - 006 be amended as outlined in the attached Schedule "A ". 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine the amended agreement attached hereto as Schedule "A ". 3. That this by -law shall come into full force and effect upon its final passage. • .../2 Page 2 W.E. Thompson Public School (Bruce Power L.P.) Licence Agreement Amendment (2) By -Iaw By -Iaw No. 2013 - 009 4. That this by -Iaw may be cited as the "W.E. Thompson Public School • (Bruce Power L.P.) Licence Agreement Amendment (2) By-law ". READ a FIRST and SECOND time this 23 day of January, 2013. AIM awNotpuxeLzul..0 Mayor Clerk READ a THIRD time and FINALLY PASSED this 23 day of January, 2013. 46yor Clerk • 1111 • This is Schedule " " to By -Law No . 201 3 -00 q passed the Z3` of Onuary 201 THIS SECOND AMENDED & RESTATED LICENSE AGREEMENT This Amended and Restated License Agreement (the "Second Amended Agreement) is made the 1st day of October, 2012 (the "Effective Date ") BETWEEN: THE CORPORATION OF MUNICIPALITY OF KINCARDINE (hereinafter referred to as the "Municipality ") - and - BRUCE POWER L.P. (hereinafter referred to as "Bruce Power ") A. WHEREAS Municipality is the owner of the site of the former W. E. Thompson Public School (the "Building "), which is municipally known as 705 Princess Street, Kincardine, Ontario (the "Property "); B. AND WHEREAS Municipality and AMEC NNC Canada Limited ( "AMEC ") entered into a licence agreement (the "Original Agreement ") for an original term to expire on January 10, 2010, to allow AMEC to use a portion of the Building to conduct off -site training sessions for employees who will be involved with the Bruce Nuclear Power Generating Stations; C. AND WHEREAS AMEC assigned the Original Agreement to Bruce Power A L.P. effective as of April 8, 2008 and Municipality did consent to such assignment pursuant to a consent agreement dated May 21, 2008; D. AND WHEREAS Municipality and Bruce Power A L.P amended and restated the Original Agreement to, among other things, extend the term of the licence (the "Amended Agreement" signed 10 January 2010). E. AND WHEREAS Council for Municipality agreed to this at its meeting on 16 December 2009. F. AND WHEREAS Bruce Power shall be taking over the rights and obligations of Bruce Power A L.P. under this Second Amended Agreement as of the Effective Date. G. AND WHERAS Municipality and Bruce Power wish to further amend and restate the Amended Agreement to reflect that Municipality shall maintain the Property in accordance with the terms of this Second Amended Agreement. H. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bruce Power and Municipality ( "Party" means Bruce Power or Municipality, "Parties" means Bruce Power and Municipality) hereby agree that this Second Amended Agreement supersedes the Original Agreement on the Effective Date and further agree and covenant as follows: 1 1. This Second Amended Agreement amends and restates the Original License Agreement and for certainty, includes the license and rights granted hereunder. This Second Amended Agreement is effective in its entirety on the Effective Date and shall continue in effect thereafter until either the end of the Term or upon Termination 2. Municipality agrees to and does hereby grant an exclusive license to use the Property to Bruce Power for a ten (10) year term (the "Initial Term "), commencing on the Effective Date and expiring on January 10, 2020, provided that, upon providing written notice to Municipality at any time at least ninety (90) days prior to the expiry of the Initial Term, Bruce Power may extend the Initial Term for an additional five (5) years (the "Additional Term ") commencing on January 11th, 2020 and expiring on January 10, 2025, (the Initial Term together with Additional Term, applying should Bruce Power exercise its option to extend the Initial Term, are referred to as the "Term ") all in accordance with the following terms and conditions which shall apply throughout the Term: (a) the Property and the Building are provided to Bruce Power on an "as is" basis and Bruce Power shall be responsible for any required grading, changes or renovations; (b) the Municipality agrees that there shall be no lease, rental or occupancy fees, but Bruce Power shall be responsible for any municipal taxes which may be assessed by the Municipal Property Assessment Corporation ( "MPAC "), if any, as a result of its use and occupancy of the Property in accordance with subsection 2(c) of this Second Amended Agreement; (c) Municipality shall continue to provide garbage and recycling service to the Property in a manner similar to that currently in existence; (d) Municipality agrees that Bruce Power shall have an exclusive licence to use, and to allow its invitees to use (including Bruce Power L.P. and /or Bruce Power or Bruce Power L.P.'s subcontractors) to use the Building and the Property for any lawful purpose, including for off -site training purposes and related uses or any other use permitted by the applicable zoning by -law; and (e) Municipality shall arrange for the provision of Services such as the maintenance of the Building and the Property and the landscaping of the Property along Russell Street, for a fee as defined and set out in Appendix A. 3. Bruce Power shall throughout the Term, at its sole cost and expense pay for all utilities and services supplied to the Property, including heat, electricity and water. 4. Bruce Power agrees that upon termination of this Second Amended Agreement in accordance with section 7 or at end of the Term of this agreement, whichever is earlier, Municipality shall have the option to require Bruce Power to demolish the Building. Municipality shall provide written direction to Bruce Power of its decision to exercise the foregoing option in writing at least sixty (60) days prior to the expiry of the Term or within thirty (30) days of receipt of notice of termination from Bruce Power. Bruce Power's obligation to demolish the Building, if so elected by Municipality, shall survive the Term. Demolition is defined as complete removal of the building to grade, including removal and disposal of all debris and refuse, 2 5. Bruce Power agrees that it shall complete at its sole cost and expense to its satisfaction in a good and workman like manner, to the standards required by applicable law, prior to the expiry of the Initial Term, the following capital upgrades to the Building and Property estimated to cost in aggregate $560,000: site asphalt paving (estimated cost of $240,000), Building envelope upgrades (estimated cost of $215,000), partial roof upgrades (estimated cost of $45,000) and power supply upgrades (estimated costs of $40,000). Bruce Power, in its sole discretion, may complete other major capital upgrades to the Building and Property during the Term provided that it has obtained the prior consent of Municipality, such consent not to be unreasonably withheld, conditioned or delayed. 6. Bruce Power agrees that it shall make a one time donation in the amount of one hundred and seventy five thousand dollars ($175,000. 00) (the "Donation ") to Municipality, or as Municipality may direct, for use by Municipality to construct an indoor running /walking track at the Davidson Centre, Kincardine. Bruce Power shall pay the donation amount to Municipality by on or before February 15, 2010. Municipality agrees that it shall use reasonable efforts to cause the indoor running track to be completed in a timely fashion in a good and workman like manner in accordance with Municipality's plans to upgrade the Davidson Centre. Municipality agrees that Bruce Power shall, in its sole discretion, have the option to naming rights for the indoor track at the Davidson Centre, including the placement of signage at or near the track to reflect such naming. At Bruce Power's request, the Parties will issue a jointly agreed to press release in respect of the Donation. 7. Provided that Bruce Power has complied with its obligation to make the Donation in accordance with section 6 and to refurbish the Building and Property in accordance with section 5, Bruce Power shall, in its sole discretion, have the right to terminate this Agreement at any time upon the provision of ninety (90) days prior written notice to Municipality. 8. With the exception of Services provided by Municipality in Appendix A, Bruce Power shall exercise full care and control over the Property and the Building during the entire period of its occupancy and renovation thereof and shall assume, or have its subcontractors assume, the role of constructor as defined in the Occupational Health and Safety Act. Bruce Power shall or shall cause its subcontractors to carry out the renovation and demolition of the Building in accordance with all Applicable Laws, without limitation, the Occupational Health and Safety Act, the Building Code Act, the Construction Lien Act and the Workplace Safety and Insurance Act. Bruce Power shall indemnify and hold Municipality, its elected officials, employees and agents (the "Municipality Indemnified Parties ") harmless from and against all losses, claims, suits, actions, demands, damages, liabilities, judgments or costs which may in any way be sustained by or made against Municipality Indemnified Parties, including by any third parties, in any way in connection with the renovation and demolition of the Building. 9. Bruce Power shall permit parking on the Property to be available for use by Municipality and residents of Kincardine at times that the Building or Property is not being used by Bruce Power, provided that Bruce Power may restrict access from time to time when the Building is not being used by Bruce Power, acting reasonably, including without limitation, to allow for reasons of safety, snow clearing, maintenance, repair or replacement. 10. Bruce Power shall not unreasonably restrict the Municipalities' and its Service Providers' access to the Property and the Building, including without limitation, when access is necessary to 3 perform certain services related to safety, snow clearing, maintenance, repair or replacement. 11. Municipality shall have the right to request to have access to and use of portions of the Building and Property from time to time during non - Business Hours for local special events, consent to such request not to be unreasonably withheld provided such use and access does not interfere with Bruce Power's use and enjoyment of the Building and Property and provided that Municipality and its invitees shall use and access (each and any access of the Building or Property by Municipality or its invitees is referred to as an "Access Licence ") the Building and Property at their own risk and Municipality shall be responsible for (i.) any additional cost incurred by Bruce Power as a result of any Access Licence, (ii.) obtaining appropriate insurance coverage in respect of such Access Licence (iii.) ensuring the safety of any persons or property throughout the period of any Access Licence. Municipality agrees to indemnify and save Bruce Power and Bruce Power L.P., their respective officers, directors, employees, and agents (the "BP Indemnified Parties ") from and against all losses, claims, suits, actions, demands, damages, liabilities, judgments or costs which may in any way be sustained by or made against the BP Indemnified Parties in anyway arising out of any Access Licence whether or not as a result of any negligent act or omission by any BP Indemnified Parties. 12. Subject to the provisions of section 11, Bruce Power agrees to indemnify and save Municipality Indemnified Parties harmless from and against all losses, claims, suits, actions, demands, damages, liabilities, judgments or costs which may in any way be sustained by or made against Municipality Indemnified Parties as a result of any negligent act, deed, or omission by Bruce Power, its officers, directors, employees, agents and invitees during the term of this license. Any chattels or other personal property which Bruce Power, its officers, directors, employees, agents and invitees may bring to or store at or permit to be brought to or stored at the Property shall be at the sole risk and responsibility of Bruce Power, and Bruce Power agrees to indemnify and hold harmless Municipality from any claim for loss, theft or- damage to or of any such chattels or personal property. Bruce Power agrees to maintain in full force and effect all risk insurance upon its furniture, equipment, fixtures and improvements to the full replacement value thereof. 13. Prior to the commencement of renovation and demolition or its occupancy of the Property, Bruce Power shall maintain comprehensive general liability insurance against claims, legal liability, personal injury, death or property damage or loss arising out of all operations of Bruce Power and other persons conducting business on or from the Property, naming Municipality as an additional insured and indemnifying and protecting Municipality to a limit of at least $5,000,000.00 per occurrence inclusive, and to deliver to Municipality satisfactory evidence of such insurance. 14. Municipality shall maintain property insurance covering: (1) any risks of physical loss or damage to all Property owned by Municipality or for which Municipality is legally liable relating to the Property and Building, (2) third party liability coverage including the exposure of personal injury, bodily injury, property damage occurrence, including all contractual obligations coverage and including actions of all authorized employees, contractors, sub - contractors and agents while working on behalf of Municipality, and (3) any other form of insurance which Municipality reasonably requires from time to time for insurable risks and in amounts against which a prudent landlord would insure and shall name Bruce Power as an additional insured on such policy. In the event Municipality self - insures the risks set out to be insured in this paragraph, then the Parties 4 agree that such risks shall be borne by Municipality. 15. This agreement shall bind the Parties hereto, their successors and permitted assigns, and may not be assigned by either party without the prior written consent of the other party. Municipality agrees that it shall not sell or otherwise transfer ownership in the Property and /or the Building during the Term of this Second Amended Agreement without the prior consent of Bruce Power, such consent not to be unreasonably withheld, provided that, without limitation, it shall be reasonable for Bruce Power to require as a condition to its consent that any purchaser or transferee shall assume the obligations of Municipality under this Second Amended Agreement. Municipality agrees that it shall not mortgage the Building or Property or otherwise encumber title to the Property without first having obtained a non - disturbance agreement in favour of Bruce Power, on terms and conditions satisfactory to Bruce Power acting reasonably. 16. This Second Amended Agreement shall ensure to the benefit of the Parties. 17. This Second Amended Agreement is governed by and interpreted in accordance with the law of the Province of Ontario and the federal law of Canada. 18. No amendment, supplement, modification, waiver or termination of this Second Amended Agreement and, unless otherwise specified, no consent or approval by either party, shall be binding unless executed in writing by the party to be bound thereby. 19. If any provision of this Second Amending Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Second Amending Agreement shall not be affected thereby. 20. This Second Amending Agreement, including Appendix A referred to herein, constitutes the entire agreement between the Parties with respect to the matters contained herein and supersedes all prior representations, arrangements, negotiations, understandings and agreements between the Parties, both written and oral, relating to the subject matter contained herein, 21. The Parties shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transactions contemplated by this Second Amended Agreement, and each party shall provide such further documents or instruments required by the other party as may be reasonably necessary or desirable to effect the purpose of this Second Amended Agreement and to carry out its provisions. 22. This Second Amended Agreement may be executed in any number of counterparts each of which when so executed shall be deemed to be an original and all of such counterparts shall be deemed to constitute one and the same Second Amended Agreement. 23. This Second Amended Agreement may be executed and delivered by facsimile or other means of electronic transmission and the Parties may rely on such facsimile or electronically transmitted signature as though such signature was an original signature. 24. Business Hours for the purposes of this Second Amended Agreement means the hours of 8:30 a.m. to 5:30 p.m. Monday to Friday excluding statutory holidays in the Province of Ontario. 5 25. Applicable Laws means all applicable federal, provincial, and municipal laws, by -laws, codes rules, regulations and statutes and all orders, orders -in- council, decisions, injunctions, directives, rulings and writs of any court, tribunal, arbitrator, governmental authority, or other person having jurisdiction, including legally enforceable policies and guidelines of any governmental authority having jurisdiction IN WITNESS WHEREOF the Parties have executed this Second Amended Agreement as of the Effective Date. THE CORPORATION OF THE MUNICIP ITY OF KING -DINE By: Name: Larry K mer :;n1 e: Ma _ . Name: Murray Clarke Title: Chief Administrative Officer We have the authority to bind the Corporation BRUCE POWE' L.P. by its general partner, Bruce Power Inc. By: ��` Name: J 7_ Title: t ' 1 Name: Brian lilb9rs Title: Chief Legal Officer We have the authority to bind the Corporation BRUCE POWER F LAW DIVISION i } I Date 01/17/1? 1 6 "APPENDIX "A" PROVISION OF SERVICES 1. SERVICES Throughout the Term, Municipality of Kincardine (or a third party service provider engaged by the Municipality of Kincardine (each, a "Service Provider" and, collectively, the "Service Providers ") shall provide Bruce Power with all services commonly provided by providers of the facilities services contemplated herein, to manage and maintain the Property including, without limitation, arranging for and supervising all of the services listed in this section 1 or otherwise included or referred to in this Appendix (collectively, the "Services "). The Service Providers shall provide the Services in compliance with the Second Amended Agreement and Applicable Law. In addition, the Service Providers shall provide the Services using the care, diligence and skill of a prudent and qualified manager of a property of similar size and condition to that of the Property and in keeping with the image and reputation of Bruce Power. Notwithstanding that the Services may be provided by third party service providers, as between Municipality of Kincardine and Bruce Power, the Municipality shall be primarily responsible for the provision of the Services and shall be responsible for the acts and omissions of all Service Providers it engages to provide any Services. For clarity, at all times the Service Providers shall be contractors of the Municipality of Kincardine, and not Bruce Power, and Municipality of Kincardine shall be acting in all respects as principal and not as agent of Bruce Power in connection with the Service Providers. The retention of Service Providers by Municipality of Kincardine shall not relieve Municipality of Kincardine of any of its obligations to Bruce Power under this exclusive license. The Services shall include: (i) Facilities management services including but not limited to: (A) providing food vending machines as requested by Bruce Power; (B) classroom set -up as requested via an agreed -to process; (C) directing the work of facilities staff; (D) performing all required maintenance of the Property and ensuring that all maintenance work is performed in compliance with Applicable Law; (E) planning, organization and direction of the work of professional building managers assigned, if any; (F) planning and determination of work programs and schedules for the maintenance of the Premises that, for clarity, does not include planning and work programs related to training which shall be Bruce Power prerogative; the Building is to be maintained to a facilities condition index (FCI) at or better than starting FCI as determined by a third party assessment (VFA) (G) evaluation of the work performance of staff; (H) investigation and taking prompt and necessary action to resolve problems involving issues, conflicts, building defects and other problems raised by Bruce Power; (I) provision of all repairs including electrical and mechanical; (J) handling of emergency repairs to protect property; and (iii) Without limiting the generality of any of the other provisions of this Appendix, the Municipality of Kincardine itself or using a Service Provider shall: (A) provide, manage and maintain the Property in a clean, tidy and safe condition; (B) adequately heat the facility and adequately cool the facility so as to provide a comfortable environment for all occupants; (C) keep all interior and exterior areas of the Building in a neat and clean condition; (D) keep landscaping of the Property in good order, including the portion of the Property along Russell Street in order to permit it to be used as an extension of Victoria Park; and (E) promptly remove snow and ice from walkways, driveways and parking areas of the Property and sand those areas as necessary. 2. FEES The annual fee payable to Municipality of Kincardine by Bruce Power for the administration of Services (whether provided by Landlord or a Services Provider) is, an annual fixed fee of $8000.00 in 4 equal quarterly installments (the "Services Administration Fee "). The Services Administration Fee shall be the total compensation the Landlord is entitled to in connection with the administration of the Services and is inclusive of all overhead, profit margins and other mark -ups of the Landlord.. The Services Administration Fee will be adjusted annually Oct 1 starting in October 2013 by CPI Ontario all items with July 31, 2012 as the base year calculated from July to July. Any other costs including consumables that Bruce Power has agreed to pay or reimburse Municipality of Kincardine for before the expenditure is made ( "Other Costs ") will be billed quarterly at cost with no mark up. The annual fee payable to Municipality of Kincardine by Bruce Power for the Services (whether provided by Landlord or a Services Provider) is, an annual fixed fee of $ 69,230.00 in 4 equal quarterly installments (the "Services Fee "). The Services Fee shall be the total compensation the Landlord is entitled to in connection with the provision of the Services and is inclusive of all overhead, profit margins and other mark -ups of the Landlord.. The Services Fee will be adjusted annually Oct 1 starting in October 2013 by CPI Ontario all items with July 31, 2012 as the base year calculated from July to July plus 1.5 %. Any leasehold improvements requested by Bruce Power and administered by the Municipality of Kincardine will be the contractors invoice plus a 5% administration fee which shall be applied to the cost in question net of any HST or other applicable Taxes thereon and will be billed on completion and acceptance of the work by Bruce Power. Municipality of Kincardine shall invoice Bruce Power on a quarterly basis and Bruce Power shall pay all invoices or the undisputed portion of all invoices in full within thirty (30) days after its receipt of the invoice. 3. SUPERVISION The Municipality of Kincardine or the Service Provider shall employ, discharge, supervise and pay all employees or contractors for the efficient rendering of the Services. The selection of persons who will perform the Services from time to time shall be at the discretion of Municipality of Kincardine, provided that the Services will be delivered using only suitable, qualified and experienced personnel who possess a standard of professional competence and thoroughness normally exercised by persons providing facilities services similar to the Services; and, all Services shall be provided or arranged by or on behalf of the Municipality of Kincardine. Notwithstanding the foregoing and subject to any other rights of Bruce Power under this exclusive licence, if any Service Provider fails to provide any of the Services in accordance with this exclusive licence and continues to do so after Notice of such failure is given to Municipality of Kincardine, the Municipality of Kincardine will replace such Service Provider. For clarity, all individuals performing Services shall be employees of the Municipality of Kincardine or a Service Provider, as applicable, and shall not for any purpose be considered as employees of Bruce Power. The Municipality of Kincardine shall ensure that it and all Service Providers promptly remit all employee source deductions and maintain all workers compensation payments up to date and in good standing and follow all other applicable laws. Municipality of Kincardine shall indemnify, and save Bruce Power harmless from all claims that any such employee is an employee of Bruce Power or that arise as a result of it or a Service Provider failing to remit source deductions or keep workers compensation payments up to date as provided in this Appendix A. 4. ADMINISTRATION: Facility Staffing - included in the Services Fee and as part of the Services, the Municipality of Kincardine or a Service Provider shall provide, or arrange for the provision of staff to provide a facilities manager in respect of the Property. 5. BUSINESS HOURS: Bruce Power anticipates that most of its actual use of the Building and Property will occur during Business Hours. If Bruce Power determines to use the Building and or Property during non - business hours, Bruce Power will give reasonable prior notice (which includes for the purposes of this section, oral notice) to the Municipality of Kincardine or to the Service Provider's representative or if they are not available, Notice will be given to any other employee of the Municipality of Kincardine or the Service Provider at the Property. Upon receipt of such Notice, the Municipality of Kincardine or the Service Provider shall take commercially reasonable steps necessary to provide those Services necessary to accommodate Bruce Power's non - business hours use. The Municipality of Kincardine or the Service Provider shall invoice Bruce Power for any additional staff costs associated with providing such Services during non - business hours at premium rates. 6. DISPUTED INVOICES: If Bruce Power disputes any invoiced amount, or any portion of an invoiced amount it shall provide the Municipality of Kincardine with a written explanation for the disputed amount within 20 days of receipt of the invoice. Bruce Power shall pay all undisputed invoiced amounts within thirty (30) days of its receipt of the invoice and all disputed invoiced amounts within 15 days of the date of resolution of the disputed amount. If there is no resolution between the parties with respect to a disputed invoice within forty -five (45) days of receipt by Bruce Power of the invoice, either party shall be entitled to seek recourse pursuant to an agreed upon dispute resolution process. 7. AUDIT: The Municipality of Kincardine shall keep (and shall cause all Service Providers to keep) full and adequate books of accounts and other records reflecting all transactions relating to services provided or any other amounts payable by Bruce Power to the Municipality of Kincardine under this Second Amended Agreement ( "Records "). Records shall be maintained in accordance with appropriate accounting principles consistently applied; in sufficient detail to facilitate adequate audit and review thereof; and shall be maintained as a prudent property or facilities manager would keep. Bruce Power shall have the right to audit the Records by giving two weeks prior notice and the audit will be conducted during Business Hours. Audits, if any, will focus on the payment or reimbursement of expenses billed to Bruce Power, and /or documents relevant to disputed invoices. 8. REQUIRED TASKS Note: Although some overlap with Business Hours is acceptable - most of the cleaning and maintenance work is best done when the building and classrooms are not in use (e.g., early mornings and /or late afternoon /evenings). Cleaning/maintenance supplies, custodial /grounds equipment and other consumables such as toilet paper, paper towels, hand soap will be supplied by the Municipality of Kincardine or the Service Provider and invoiced to Bruce Power a. DAILY TASKS CHECK CLASSROOMS /MEETING ROOMS • Vacuum floor & chairs if required • Wipe tables, as required • Empty Garbage • Check In- Focus, Overhead Projector, Computer, remotes for VCR & In- Focus /easels • Change In- Focus, Projector bulbs /lamps as required • Ensure computers & infocus, VCR shut down • Lock doors ALL OFFICES • Empty Garbage and recycling/lock ALL KITCHENS /LUNCHROOM • Empty garbage and recycling • Paper Towels /Soap supplied as needed • Restock napkins, plastic cutlery, salt & pepper, coffee supplies (e.g., cups, stir sticks, tea bags, sugar), etc.; put out milkettes /creamers in morning and put in fridge in evening; advise tenant when such supplies reach re -order level • Dry /wet Mop floor or vacuum (if needed) • Wipe tables & counters, disinfect sink • Appliances (including toasters and microwaves) cleaned outside & inside LUNCHROOM • Vacuum flies out of lunchroom at 11:00 a.m. during fly season ALL WASHROOMS • Empty Garbage • Check Towels, Soap, toilet paper and supply as needed • Clean Toilets, Urinals, Shower, sink, mirrors, stall partitions & mop floor if need BUILDING • All garage placed in dumpster; recyclables in appropriate bins • Check lights /stairwells & floors for flies /bugs- vacuum as needed • Dry /Wet Mop entrance & halls (as needed) • Water Coolers Full and check cups- supply as needed • Vacuum entry Mats and ramp as needed • Check windows closed & latched • Overhead doors closed & locked • Check light bulbs /fixtures working • Check heat /cooling temps; thermostats set appropriately • Check broken chairs & tables, repair or identify for replacement as needed • Check lights /stairwells & floors for flies /bugs- vacuum as needed • Mop entrance & halls (as needed) • Water Coolers Full and check cups - supply as needed • Check windows closed & latched • Overhead doors closed & locked • Set alarm. Bypass if necessary • Check light bulbs /fixtures working • Check heat /cooling temps • Check broken chairs & tables • Ensure electrical rooms locked • Material Storage -as needed • Secure and close building, including check windows closed and latched, all interior security — sensored doors and exterior doors closed and locked, set alarm b. WEEKLY TASKS ALL OFFICES /MEETING ROOMS • Vacuum offices and meeting rooms ALL KITCHENS /LUNCHROOM • Clean coffee station • Wipe Chairs • Disinfect sinks and thorough clean of counters BUILDING • Check outside /sign /lights; exit lights (replace bulbs as needed) • Re -cycle material put out (for municipal collection per municipality schedule) • Check heaters (Sept. — May) • Check that floor thermostat is at min of 66 °F • Visual check on thermostats to ensure working • Check thermostats in mechanical room. • Clean windows & sills, clean glass in doors and entryways OUTSIDE /GROUNDS • Pickup Garbage & Litter & Debris from Parking lot and grounds • Empty cigarette disposal containers d. MONTHLY TASKS ALL OFFICES • Thorough clean of offices, including: notify staff cleaning & request move stuff on floor & clear desk as much as possible. Clean & remove any marks on entire desk area, clean any items left on desk, clean computer, dust shelves, wipe down any tables, cabinets, other furniture, heater, radiators, clean chairs, clean inside & outside window, window sills, clean boot mat BUILDING • Clean boot mats • Wipe lockers, cabinets, coat racks, other surfaces • Inspection of All Emergency Lights & Date of Inspection marked on card. Submit • form to front office • Clean windows & sills, clean glass in entryways • Inspection of All Fire Extinguishers & Date of Inspection marked on card • Check all heating & cooling equipment including filters & any cleaning needed • Inspection /Maintenance of UVEX Lens Cleaning Station & eye washing station • Flammable Cabinet -if applicable (update list of contents) • Rinse out garbage and recycle bins KITCHENS • Wipe out cupboards • Clean all fridges inside and out • Remove gum from bottom of tables and chairs CLASSROOMS / MEETING ROOMS • Thorough cleaning of classrooms including notifying staff of cleaning & request move stuff on floors & tables as much as possible. Clean & remove any marks on tables, clean computer, dust shelves, disinfect tables, chairs, phones, clean inside & outside window, window sills, shelves, etc. • Remove gum from bottom of tables and chairs d. AS NEED BASIS TASKS • Arrange for Carpets to be cleaned • Arrange to have exterior upper windows cleaned spring & fall • Clean all inside windows spring & fall • Arrange water treatment system Inspection spring/fall • Arrange HVAC inspection spring/fall • Arrange for pest control • Clean water coolers • Sweep Floor in the Building • Ground Maintenance including grass cutting, weeding, raking, gardening, tree trimming, etc. • Areas around propane tanks /air conditioning units kept clear • Clear all entrances & emergency exits • Snow and Ice removal and control. Provide equipment and operators to safely remove snow and apply sand and salt on the Property. Application of sand and salt shall be in agreement with the Applicable Law as it pertains to the environment. Areas of application include roads, parking lots and designated paths /walkways. Application of sand and salt shall be spread appropriately to keep parking lots, slopes, roads and walkways from freezing and creating slipping hazards. Ploughs and equipment shall be dispatched via Landlord typically when the snow accumulation reaches 7.5 cm (3 ") during a single winter event on Property. Ice / road conditions will be salted and sanded at discretion of the Landlord. All snow clearing, salting, sanding and other work as contemplated in this item will be completed 30 minutes prior to the start of Business Hours or Reduced Hours as applicable. • Remove snow off entry roofs • Power wash entry roofs when required • Order cleaning and equipment supplies • Make and post signs on defective equipment and report to facility manager • Maintenance on lawn tractor, mower & weed eater • Routine or emergent Building Maintenance"