Additions 2009/12/14Y
ADDITIONS TO COUNCIL. MONDAY. DECEMBER 14. 2009
CORPORATE SERVICES
1. CPS-2009-012 -General Insurance Program 2010
2. CPS - 2009-013 -Niagara Falls Humane Society
COUNCIL
PLANNING MATTERS
1. PD-2009-100 - AM-2009-022, 4901 and 4907 Ontario Avenue. Proposed Cottage
Rental Dwellings
a) Correspondence from Vijay Kapur
COMMUNICATIONS
1. Taps Brewery -request for closure of the City-owned right of the way.
-and- Memo from Bob Bolibruck
RECOMMENDATION: For the approval of Council subject to proper insurance and
passing of the by-law 2009-200 later on the agenda.
BY-LAWS
Additional By-laws
1. 2009-198 A by-law to hereby authorize the Mayor and Chief Administrative Officer to
executethe CommunityAdjustment Fund ("CAF")Agreement between Her
Majesty the Queen in right of Canada ("Her Majesty"), as represented by
the Minister of Industry (the "Minister"), and the Corporation of the City of
Niagara Falls (the "Recipient").
2. 2009-199 A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
3. 2009-200 A by-law to temporarily remove the public right of passage over a highway.
NiagarafaIls
CANAAA
CPS-2009-012
December 14, 2009
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Corporate Services
SUBJECT: CPS-2009-012
General Insurance Program 2010
RECOMMENDATION
1) That Council authorize staff to designate Frank Cowan Company Limited as the
preferred proponent for the General Insurance Program for the City of Niagara Falls, and
the Niagara Falls Library Board,
2) That staff negotiate with the preferred proponent, as per the Request for Proposal
(RFP), to conclude the terms of a one year contract for the General Insurance Program at
an upset limit of $1,385,407. plus applicable taxes, composed of:
City $ 1,341,158. As per proposal,
Library $ 42,749. As per proposal, plus
Library $ 1,500. Fora $5,000,000 increase in Limit of Liability
3) That the proposed 2010 General Insurance Program be subject to annual renewal
based on satisfactory performance and Council approval,
4) That staff investigate alternative insurance programs that would reduce the overall costs
to the City for insurance premiums, risk management, and claims handling to be
incorporated into a revised Request for Proposal, commenced during the next Council
term.
EXECUTIVE SUMMARY
Three insurance brokerage companies responded to a Requestfor Proposals forthe City's
General Insurance Program. The proposals were evaluated by staff and the City's
Consultant, RiskPro Consulting. The preferred proponent is Frank Cowan Company Ltd.
The new General Insurance Program should be authorized by Council in order to provide
insurance policies to be effective January 1, 2010. Upon authorization, staff will finalize
the program coverages and costs.
BACKGROUND
For several years, the City has purchased its General Insurance Program from the Frank
Cowan Company, an insurance brokerage firm. In September 2009, a local insurance
brokerage firm met with staff to inquire on bidding for the City's insurance requirements.
December 14, 2009 - 2 - CPS-2009-012
Since the annual insurance renewals had occurred for some time, staff undertook to
prepare and issue a Request for Proposal (RFP). The request also included the Niagara
Falls Library Board, which is separately serviced by the City's insurance broker.
Staff engaged risk management services from RiskPro Consulting. RiskPro provided the
expertise and experiencetodeveloptheRFPfortheGenerallnsuranceProgram. RiskPro
also provided analytical expertise for the evaluation of the proposals.
The RFP generated four responses; one of which remitted a letter advising that they would
not be able to submit a proposal by the due date. A second proponent submitted an
incomplete proposal which was disqualified from furtherconsideration. The remaining two
proponents submitted qualifying proposals, however, only one proponent maintained the
RFP's prescribed general liability insurance deductible. Staff evaluated the two proposals
in accordance with the criteria provided in the RFP. A preferred proponent was selected
based on the highest score per the criteria.
ANALYSISIRATIONALE
RiskPro Consulting has provided a more detailed analysis and rationale in their Summary
Overview, which is attached.
The Frank Cowan Company Ltd. (Cowan) is recommended as the preferred proponent for
the City's General Insurance Program. The recommendation resulted from Staff's
evaluation of the proposals in accordance with the criteria provided in the RFP. This
preferred proponent was selected based on the highest score per the criteria. The Cowan
proposal contains all of the City's and Library's insurance requirements in accordance with
the RFP. Attached is a listing of the insurance program highlights.
Cowan is a proven insurance broker with 80 years of municipal experience, providing
insurance and risk management services to over 170 Ontario municipalities. Cowan is
appropriately licenced and in good standing to operate as an insurance broker. Cowan
provides extensive risk management services in designing and implementing strategies to
control risk. Services include training, bench-marking, contractual and claims reviews, risk
inspections, policy and procedural audits, educational seminars and publications. Cowan
also provides in-house claims handling by their professional claims management staff.
The Verge Insurance Group, in conjunction with Jardine Lloyd Thompson Canada
Ltd.(JLT), provided a qualifying proposal. Verge Insurance is a Niagara regional brokerwith
22 years of corporate and institutional experience. JLT is a leading public sector insurance
broker with over 35 years of municipal experience across Canada. Both Verge and JLT
are appropriately licenced and in good standing to operate as insurance brokers.
The Verge proposal document stated that it was to be considered with JLT's Business
Protocols booklet, which was not included in the submission. The proposal did not include
costing for the RFP specified deductible for General Liability insurance. The proposal's
lesser cost was due in part to the higher deductible. The proposal also stated several
'subject to' clauses, assumptions, requirements and exceptions in order to clarify the
insurer's knowledge of the City's risks. All or any of these would potentially impact the
premiums for the insurance coverages. The proposal offered JLT's extensive risk
management and claims handling services. Specific enhancements included an I-Drive
defensive driving program and specialty software for tracking and managing claims.
December 14, 2009 - 3 - CPS-2009-012
BFL Canada Risk and Insurance Services submitted a proposal which was disqualified
from further consideration. The proposal lacked the mandatory requirements of the RFP.
By accepting the Cowan proposal the City and Library will continue an established
relationship without incurring transitional steps and perhaps unanticipated costs. The
Cowan proposal maintains the known services that City and Library staff have relied upon
for risk management and claims handling. The Cowan proposal best matches the RFP
specifications; the broadly worded coverages provide unparalleled security for the high
liability exposure in municipal insurance.
FINANCIAL IMPLICATIONS
The Frank Cowan Company Ltd. has proposed a total cost of $1,385,407 (plus applicable
taxes) forthe 2010 City's and Library's General Insurance Program. In comparison to the
2009 insurance costs, the new program will cost 19.7% or $227,960 more. Attached are
the summaries of coverages and costs analysis with a 2009 comparative for both the City
and Library.
The 2010 cost includes $1,500. for an increase of $5,000,000 for the Library's Limit of
Liability. This increase will match the City's $20,000,000 Limit of Liability and is
recommended by Staff. Attached is a listing of Cowan's program options.
Verge and JLT provided an insurance program proposal at significantly less cost. The
program featured a different approach to the management of insurable risks by offering
insurance products and deductibles that differed greatly from the City's current insurance
program.. For example, a higher limit of liability would be achieved by using a primary
insurance policy for one risk and an umbrella policy for combined risks, rather than using
a primary policy for each risk. An increased deductible was also proposed to significantly
reduce the premium costs.
The City's consultant, RiskPro, advised that due to its many differences, the Verge and JLT
insurance program requires considerable study and analysis. The program would impact
the City's claims management process, claims adjuster and legal costs, and its self-insured
claims payments. RiskPro also advised that the proposed program is a new product in the
market place, which has notyet proven its comparabilityto established municipal insurance
programs. Attached is the RiskPro Summary Overview for the City of Niagara Falls 2010
Insurance Review.
Council may wish to direct staff to examine options for a future insurance RFP, securing
the required expertise to report to Council on the merits of differing approaches to the
City's insurance and risk management requirements.
CITY'S STRATEGIC COMMITMENT
Continue to monitor and improve the efficiency of the organization is one of Council's
strategic priorities for the 2007-10 term. Part of Staff's attention to this priority is the review
of the City's General Insurance Program. Since the City's insurance program has been
renewed annuallyfor several years withoutgong to the market, Staff undertookto prepare
and issue a Request for Proposal to the insurance market.
December 14, 2009 -4 - CPS-2009-012
The response to that RFP indicates that there may be opportunities to lower the overall
cost of the City's insurance/risk management program. However, more research and
analysis would be required to provide Council with a meaningful analysis of the
comparative merits of alternative insurance programs.
LIST OF ATTACHMENTS
• RiskPro Summary Overview
• Frank Cowan Company insurance program excerpts:
• Program Highlights
• Program Summary -City
• Program Summary -Library
• Program Options
• Cost Analysis -City
• Cost Analysis -Library
Approved by: ~C~C/ ~~~ci
K. E. Burden, Executive Director, Corporate Services
Recommended by: G`
Ed Dujlovic, Executive Director, Community Services
Respectfully submitted:
Ken T dd, Chief Administrative Officer
W rifer of the Report
H:IWPDFiles\Reports\CPS-2009-12 General Insurance Program 2010.wpd
City ofNiagara Falls-20101nsurance Review
Summary Overview
RiskPro was retained to provide consulting assistance in the review, analysis and
evaluation of the submissions received in response to the City of Niagara Falls' Request
for Proposal concerning the General Insurance and Risk Management Program for its
2010 renewal.
Three submissions were received and provided for our review, as follows:
1. Frank Cowan Company Limited (Cowan), along with First Niagara
Insurance Brokers Inc.;
2. The Verge Insurance Group through Jardine Lloyd Thompson Canada Inc.
(JLT); and
3. BFL Canada Risk and Insurance Services Inc. (BFL).
We further understand that Aon Insurance Brokers had also sent the City a letter of regret
citing not enough time, information and details were provided.
Upon receipt of this assignment and following a comprehensive review and analysis of
the proposal submissions and participating in consensus scoring among the evaluation
committee members, RiskPro is pleased to offer you this summary overview and
recommendation.
Mr. Ken Beaman, City Solicitor, advised the evaluation team that the BFL submission
would not be considered as it did not meet mandatory RFP requirements-most notably,
policy wordings were not submitted with their proposal.
Please refer to Exhibit I, Insurance Proposal Evaluation and Summary Rating for the
team's consensus rating, along with the section of this report entitled, "Submission
Ratings" which highlights features of each submission. We have also included our
rating guidelines for your reference.
RiskPra 11/09 Page 1 of9
City ofNiagara FalLs~-20101nsurance Review
From this summary, you can see that Cowan scored a total of 81 points; while JLT earned
a total of 51 points. The JLT submission did not include an annual premium at the
existing $50,000 deductible required in the RFP specifications for both the General
Liability and Errors and Omissions coverage. JLT did offer considerable cost savings for
the City to consider at a $100,000 deductible level. Unfortunately, by choosing not to
provide the City with the cost at the existing and requested deductible level, the
committee agreed that it would be impossible to evaluate their submission in terms of
Annual Premium alone, as a number of other cost considerations would also need to be
investigated and researched to make meaningful comparisons.
If you refer to the Insurance Proposal Cost Comparison in Exhibit II, you will find a chart
illustrating the annual premiums quoted for each submission, along with our notes
identifying some of the areas where additional costs or savings may apply. Again, we
should point out that it was very difficult to compare these two submissions due to the
different deductible levels quoted. Since JLT did not provide a quote at the requested
$50,000 deductible level for liability coverages, they scored zero points under the Annual
Cost criterion, however received the fu115 points available under Added Value for the
substantial savings at the $100,000 deductible level.
It was unfortunate that the City did not receive complete proposals from all known
traditional insurance markets in Ontario offering public entity programs, and further that
JLT did not provide a quotation at the requested deductible level.
In the section of our report entitled, "Key Issues/Significant Program Differences", we
discuss specific or significant differences or aspects of coverage between the various
programs that we feel are important to fully understand the financial implications for the
City.
Finally, we have provided a detailed (though not exhaustive) listing of the major aspects
and noted differences of coverage between the programs. Please refer to the section of
this report entitled, "Program Comparison" to review these further.
RiskPro 11/09 Page 2 of9
City of Niagara Falls-20101nsurance Review
We trust that the information contained in our report provides staff and the Committee
with enough information to make an informed decision concerning the placement of the
City's General Insurance and Risk Management Program for its 2010 renewal. We
would be pleased to assist you, should you require anything further in this regard. Our
recommendation follows in the next section.
Recommendation
Due to the fact that Cowan's overall rating was highest; their submission best meets the
City of Niagara Falls' criteria as outlined in the RFP; provides broadly worded insurance
policies; offers high service levels; and has a reputable team of insurers, we recommend
that the City consider acceptance of the proposal submitted by the Frank Cowan
Company Limited, along with First Niagara Insurance Brokers Inc. for both the City's
and Library's 2010 renewal programs.
Our recommendation is contingent upon the following:
1. Fully utilizing the services-risk management, claims management, and insurance
administration provided by Cowan that are within the base premium and identified
throughout their proposal submission.
2. Meeting with the appropriate representatives of the Frank Cowan Company and First
Niagara Insurance Brokers to implement the proposed Risk Management and Claims
Management plans to the City's satisfaction.
3. Consideration is given to increasing both the City's and Library's limit of liability to
$25 million for an additional annual premium of $24,634. At a minimum, we highly
recommend that both the City and Library maintain similar limits of liability; thus if
the City decides to maintain its existing liability limits of $20 million, we suggest the
RiskPro 11/09 Page 3 of 9
City of Niagara Falls-2010Insurance Review
Library increase theirs to the same level for an additional annual premium of $1,500.
Please refer to Program Options on page 29 of the Cowan submission for more detail;
and page 28, which highlights the importance of adequate liability limits.
4. Other program options aze listed on page 29 of the Cowan submission for your
consideration.
By renewing the City and Library programs with Cowan for the 2010 policy term, the
City will also benefit from the following:
^ little or no transitional costs or issues;
^ a known and established relationship with the provision of known services;
^ the security and value in maintaining broadly worded coverage; and
• the trust, comfort and security in a market that knows the City of Niagara Falls and
one that has extensive experience and expertise with numerous municipalities in
Ontario of similar size and risk.
Please note that the Cowan proposal is only open for acceptance until December 315r
2009.
We respectfully suggest (and we know that this simply was not available this year) that
when the City issues its next RFP for General Insurance and Risk Management Program
that additional time is allotted to prepare the specifications; to give the proponents
sufficient time to respond; and finally allow more time for your evaluation team to
conduct additional analysis and research, if necessary, to fully investigate innovative
approaches and solutions that may be presented for the City's consideration.
We further recommend that you continue to monitor the mazket and test it formally over
a reasonable period of time (every three to five years, depending on market conditions)
and to conduct periodic benchmazking with respect to coverage and limits.
RiskPro 11/09 Page 4 of9
City ofNiagara Falls-2010Insurance Review
We trust that the information contained in our report provides staff and the Committee
with enough information to make an informed decision concerning the City ofNiagara
Fa11s' General Insurance and Risk Management Program for its 2010 renewal. We would
be pleased to assist you, should you have any questions or require anything further in this
regard.
RiskPro 11/09 Page 5 of9
City of Niagara Falls-2010Insurance Review
Exhibit I
Please note that the following represents the Evaluation Team's Consensus scoring of
each Proponent.
Insurance Proposal Evaluation and Summary Ratine
Criteria/Rating COWAN JLT
System
1. Product 30
points
Meetin RFP S ecs-5 5 p
Scope of Coverage -
15 13 g
Enhancements and
Value Added Services
-10 0 7
2. Services-20
points
Insurance
Administration - 2 2 2
Risk Management
Services - 8 ( ~
Claims Management
Services - 10 g g
3. Qualifications - 20
points
Proponent Experience
-~ 7 6
Team Ex ertise - 7 7 5
Financial Stability of
Insurers - 6 6 6
4. Price - 30 points
Annual Cost-25 25 0
Added Value - 5 2 5
TOTAL -100 81 51
RiskPro 11/09 Page 6of9
City ofNiagara Falls-2010Insurance Revrew
Notes•
For purposes of this chart:
^ COWAN represents the proposal submitted by Frank Cowan Company
Limited, along with First Niagara Insurance Brokers Inc.
^ JLT represents the proposal submitted by The Verge Insurance Group through
Jardine Lloyd Thompson Canada Inc.
2. The rating categories and weightings were selected by City staff and disclosed in
the RFP specifications.
3. The score for each proposal under each category represents a numerical value
based on the consensus of the Evaluation team and the following rating key, after
reviewing the qualified proponents' submissions.
Ratin¢ Key
The maximum available for the Services and Qualifications criteria is 20 points
each; while 30 points are available for both the Product and Price criteria.
2. The Product category is divided into three sections. Meeting RFP Specifications
(5 points), Scope of Coverage (15 points) and Enhancements and Value Added
Services worth a total of 10 points. If a proponent's submission meets all of the
RFP specifications, full points will be awarded for that section. The Scope of
.Coverage section is rated on completeness and superiority of the wordings
compared with other proponents and additional points can be achieved under
Enhancements and Value Added Services for additional or enhanced coverages or
services provided.
3. To obtain perfect scores under the Services criterion, the proponent must
demonstrate the ability to provide all the services identified in the specifications
and further detail what level of service would be provided and how.
4. To obtain a perfect score under Qualifications, the proponent must demonstrate
that it has the required experience, expertise, and available resources, along with
using insurers that are financially sound and licensed to transact business in
Ontario. Financial Stability also includes the individual proponent's perceived
ability to negotiate future markets should their existing markets disappear.
5. The Annual Cost criterion is rated by providing a perfect score of 25 points to the
proponent with the lowest premium quotation. The remaining bidders are
awarded points in correlation to the percentage difference between their proposal
cost and that of the lowest bidder. For example, if one bidder had a proposal cost
that was 50% higher than the lowest bidder, they would lose half of the points (i.e.
13 points out of the 25 available here).
RiskPro 11/09 Page 7 of 9
City ofNiagara Falls-20101nsurance Review
6. The Added Value section of Price takes into consideration any additional services,
innovations or other factors provided by the proponent at no additional cost,
which would otherwise equate to potential additional costs to the City.
7. The Total represents the sum of all points awarded under each category. Note:
the maximum number of points available, based on the evaluation criteria, is a
total of 100.
RiskPro !1/09 Page 8 of9
Cidy ofNiagara Falls-2010 insurance Review
Exhibit II
Insurance Proposal Cost Comparison
Annual Premium Annual Premium
Submission (Liability Policies at (Liability policies at
$50,000 Deductible) $100,000 Deductible)
COWA N $1,383,907. Not provided
JLT No Quote $670,130.
Notes:
For purposes of this chart:
^ COWAN represents the proposal submitted by the Frank Cowan Company
Limited, along with First Niagara Insurance Brokers Inc.
^ JLT represents the proposal submitted by The Verge Insurance Group through
Jardine Lloyd Thompson Canada Inc.
2. The Annual Premiums shown are net of any applicable taxes and include all
brokers' fees and commissions, if applicable.
3. The Annual Premiums shown include all required risk management services, with
the exception of:
- JLT's premium excludes property valuations of heritage buildings.
4. It is important to note that JLT's annual premium may not be firm as the program
quoted is subject to a number of assumptions and requirements. Should any of
those assumptions be incorrect or if any of the requirements are not met to the
underwriters' satisfaction, the City may be facing additional premiums.
5. JLT quoted Liability limits of $25 million applicable to both the City and the
Library under the various policies; while Cowan quoted as per the specifications
of $20 million for the City and $ I S million for the Library. (Having said that,
some aggregate limits also apply to JLT's program that do not apply to the Cowan
program.)
6. Overall program differences may result in additional costs. Please refer to the
following sections of this report, which highlights the major differences.
RiskPro !!/09 Page 9 of 9
Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
SERVICE REQUIREMENTS
Program Highlights
We have outlined below specific highlights of the comprehensive Cowan Program to assist you when
comparing Insurance suppliers.
• Abuse included, full policy limits available with no aggregate limit.
• Professional Liability included, coverage for bodily injury, property damage, and financial
loss.
• Medical Malpractice included, not limited to incidental.
• Products Liability included.
• Blanket Property of Every Description, replacement cost, no co-insurance or margin clauses.
• Replacement cost (new for old) on vehicles, as per schedules.
• Municipal Liability Limits of $ 20,000,000. each and every occurrence, no aggregates.
• Errors and Omissions Liability Limits of $ 20,000,000. each and every occurrence.
• Non-Owned Automobile Limits of $ 20,000,000. each and every occurrence.
• Automobile Fleet Limits of $ 20,000,000. each and every occurrence.
• Environmental Liability includes Watercraft, Sold Property and closed Landfill Sites.
• Crime Insurance includes Broad Definition of Insured and does not have a Deductible.
• Worldwide cover on Municipal Liability.
Frank Cowan Company
-6-
Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OFCOVERAGES -CITY LIMITS/AMOUNTS
Municipal Liability
Limit of Protection per occurrence $ 20,000,000.
(No Annual Aggregate Limit)
Third Party Claims Deductible including expenses $ 50,000.
Sewer Backup per Claimant Deductible including expenses $ 50,000.
Wrongful Distnissal (legal expense) Limit per claim $ 250,000.
Annual Aggregate Limit $ 250,000.
Deductible $ 5,000.
Malpractice Liability Included
Errors and Omissions (Claims Made Fotm)
Limit of Protection per claim $ 20,000,000.
(No Annual Aggregate Limit)
Deductible including expenses $ 50,000.
Non-Owned Automobile
Limit of Protection per occurrence $ 20,000,000.
(No Annual Aggregate Limit)
Legal Liability for Non-Owned Vehicles (S.E.F. No. 94)
All Perils Physical Damage Limit $ 250,000.
Deductible $ 500.
Environmental Liability (Claims Made Form)
Liability of Protection per claim $ 3,000,000.
Annual Aggregate Limit $ 4,000,000.
Self-Insured Retention $ 50,000.
Comprehensive Come
Commercial Blanket Bond $ 1,000,000.
Money Orders and Counterfeit Paper Currency Included
Depositors' Forgery Included
Audit Expense $ 100,000.
Money and Securities -Blanket any Location $ 100,000.
Excess on Securities $ 100,000.
Computer Fraud or Funds Transfer Fraud $ 200,000.
Frank Cowan Company
-20-
Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OF COVERAGES -CITY LIMTfS/AMOUNTS
Councillors' Accident -Mayor and Eight Members of Council
Accidental Death & Dismemberment
(No Annual Aggregate Limit and No Deductible)
Weekly Income -Total Disability
Weekly Income -Partial Disability
Municipal Conflict of Interest
Percentage of Legal Fees and Expenses
Maximum Limit of Reimbursement per claim
(No Annual Aggregate Limit)
Legal Expense
Percentage of Legal Fees and Expenses
Maximum Limit of Reimbursement per claim
Annual Aggregate Limit
RECREATION AFFII,IATES
General Liability
Each Occurrence Limit
Products -Completed Operations Hazard Aggregate Limit
Employers' Liability Limit
Personal Injury Limit
Tenants' Legal Liability Limit
Deductible
Non-Owned Automobile
Limit of Protection per occurrence
(No Annual Aggregate Limit)
Legal Liability for Non-Owned Vehicles (S.E.F. No. 94)
All Perils Physical Damage Lirnit
Deductible
$ 200,000.
$ 500.
$ 250.
100%
$ 100,000.
100%
$ 100,000.
$ 250,000.
$ 5,000,000.
$ 5,000,000.
$ 5,000,000.
$ 5,000,000.
$ 5,000,000.
$ 1,000.
$ 5,000,000.
$ 100,000.
$ 500.
Frank Cowan Company
_21_
' Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS
Property Insurance (including Data Processing Insurance)
Total Sum Insured * $ 152,379,452.
Valuable Papers $ 500,000.
Accounts Receivable (other than Data Processing) $ 500,000.
Extra Expense (other than Data Processing) $ 500,000.
Business Intemtption
Rent or Rental Value Form $ 500,000.
Gross Revenue Form $ 3,868,345.
Data Processing
System and Equipment $ 2,701,800.
Media $ 151,500.
Extra Expense $ 108,400.
Watercraft Floater $ 194,500.
Fine Arts Form $ 258,600.
Exhibition Floater As Per Lists Provided
Deductible $ 10,000.
Exceptions:
Data Processing, Fine Arts Form and Exhihition Floater $ 2,500.
-Museum Contents including Artifacts, Contents belonging to Niagara Falls $ 2,500.
Professional and Educational Toy "FLASHY"
All Library Buildings and Contents $ 5,000.
*Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are
excluded from the policy.
Frank Cowan Company
-22-
Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS
Equipment Breakdown
Limit per Accident -Comprehensive $ 50,000,000.
Extra Expense $ 500,000.
Spoilage-Goods under Refrigeration $ 50,000.
Business Interruption -Loss of Profits (Gross Revenue):
-Niagara Falls Memorial Arena, 5145 Centre Street, Niagara Falls, ON L2G 3P3 $ 319,800.
- Stamford Memorial Arena, 6750 Federica Street, Niagara Falls, ON L2G 1C9 and $ 634,000.
Jack Bell Arena, 6750 Frederica Street, Niagara Falls, ON L2G 1 C9
- Chippawa Willoughby Memorial Arena, 9000 Sodom Road, Niagara Falls, ON $ 207,500.
L2E 6S6
-Municipal Swimting Pool, F.H. Leslie ParK, 5250 Valley Way, Niagara Falls, ON $ 28,000.
L2E 657; Municipal Pool, Mitchelson Park, Dorchester Road, Niagara Falls, ON L2E 657;
Swimming Pool at Prince Charles Park, 6230 Arad Street, Niagara Falls, ON L2G 2Z7;
Office, Lunchroom and Maintenance Building, 4501 Stanley Avenue, Niagara Falls, ON L2E 6S7
- McBain Community Centre, 71560 Montrose Road, Niagara Falls, ON L2E 6S7 $ 42,000.
- Ternunal-Garage-Office Building, 4320 Bridge Street, Niagara Falls, ON L2E 2R7 $ 2,637,045.
And Bus Terminal, 4555 Erie Avenue, Niagara Falls, ON L2E 7G9
Expediting Expenses Included
By-Law Cover Included
Errors and Omissions $ 100,000.
Hazardous Substance (including PCB Contamination) $ 500,000.
Ammonia Contamination $ 500,000.
Water Damage $ 500,000.
Professional Fees $ 500,000.
Data Restoration $ 25,000.
Denial of Access 2 Weeks
Deductible $ 10,000.
Frank Cowan Company
-23-
Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS
Automobile Fleet
Liability Limit $ 20,000,000.
Deductibles
Section 3 (Third Party) $ 10,000.
Section 6 (Direct Compensation) $ 10,000.
All Perils $ 10,000.
OPCF # 20 -Coverage for Transportation Replacement applies to:
- 2004 Chev V enture and 1995 Dodge Ram Truck
- Limit $ 10,000. per occurrence
Automobile Fleet (Transit)
Liability Limit $ 20,000,000.
.Deductibles
Section 3 (Third Party) $ 10,000.
Section 6 (Direct Compensation) $ 10,000.
Accident Benefits $ 10,000.
Al] Perils $ 10,000.
OPCF # 20 -Coverage for Transportation Replacement applies to:
- 2002 Ford Chair-A-Van, 2001 Ford Handicap Van, 2003 Girardin Handicap Van,
2006 Corbeil Chair-A-Van and Two (2) 2006 Girardin Chair-A-Vans (S/N's A17818, A52286)
-Limit $ 10,000. per occurrence
Garage Automobile
Third Party Liability Limit
Customer Vehicles
Collision Limit
Deductible
Comprehensive Limit
Deductible
$ 20,000,000.
$ 500,000.
$ 500.
$ 2,000,000.
$ 1,000.
2010 - 2011 PROPOSED ANNUAL PREMIUM -CITY 1 314 158
Frank Cowan Company
-24-
Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OFCOVERAGES -LIBRARY LIMITS/AMOUNTS
General Liability
Limit of Protection per occurrence $ 15,000,000.
(No Annual Aggregate Limit)
Third Party Claims Deductible including expenses $ 2,500.
Sewer Backup per Claimant Deductible including expenses $ 2,500.
Wrongful Dismissal (legal expense) Limit per claim $ 25Q000.
Annual Aggregate Limit $ 250,000.
Deductible $ 5,000.
Errors and Omissions (Claims Made Form)
Limit of Protection per claim $ 15,000,000.
(No Annual Aggregate Limit)
Deductible including expenses $ 2,500.
Corporate Indemnification Coverage $ 2,500,000.
Non-Owned Automobile
Limit of Protection per occurrence $ 15,000,000.
(No Annual Aggregate Limit)
Legal Liability for Non-Owned Vehicles (S.E.F. No. 94)
All Perils Physical Damage Limit $ 250,000.
Deductible $ 500.
Environmental Liability (Claims Made Form)
Liability of Protection per claim $ 4,000,000.
Annual Aggregate Limit $ 4,000,000:
Self-Insured Retention $ 2,500.
Comprehensive Crime
Commercial Blanket Bond $ 1,000,000.
Money Orders and Counterfeit Paper Currency Included
Depositors' Forgery Included
Audit Expense $ 100 000.
Money and Securities -Blanket any Location $ 100,000.
Frank Cowan Company
-25-
Corporation of the City of Niagara Falls 20]0 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OFCOVERAGES -LIBRARY LIMITS/AMOUNTS
Councillors' Accident -Eight Board Members
Accidental Death & Dismemberment $ 200,000.
(No Annual Aggregate Limit and No Deductible)
Weekly Income -Total Disability $ 500.
Weekly Income -Partial Disability $ 250.
Municipal Conflict of Interest
Percentage of Legal Fees and Expenses 100%
Maximum Limit of Reimbursement per claim $ 100,000.
(No Annual Aggregate Limit)
Legal Expense
Percentage of Legal Fees and Expenses 1 Op%
Maximum Limit of Reimbursement per claim $ 100,000.
Annual Aggregate Limit $ 250,000.
Property Insurance (including Data Processing Insurance)
Total Sum Insured * $ 29,730,000.
Valuable Papers $ 500,000.
Accounts Receivable (other than Data Processing) $ 500,000.
Extra Expense (other than Data Processing) $ 500,000.
Business Interruption
Rent or Rental Value Form $ 500,000.
Data Processing
System and Equipment $ 378,200.
Media $ 16,500.
Extra Expense $ 8,400.
Fine Arts Form $ 258,600.
Exhibition Floater As Per Lists Provided
Deductible $ 5,000.
Exceptions:
Fine Arts Form and Exhibition Floater $ 2,500.
*Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are
excluded from the policy.
Frank Cowan Company
-26-
Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal
PROGRAM SUMMARY
SUMMARY OF COVERAGES -LIBRARY LIMIT S/AMOUNTS
Equipment Breakdown
Limit per Accident -Comprehensive $ 50,000,000.
Extra Expense $ 500,000.
Spoilage -Goods under Refrigeration $ 50,000.
Expediting Expenses Included
By-Law Cover Included
Errors and Omissions $ 100,000.
Hazardous Substance (including PCB Contamination) $ 500,000.
Ammonia Contamination $ 500,000.
Water Damage $ 500,000.
Professional Fees $ 500,000.
Data Restoration $ 25,000.
Denial of Access 2 Weeks
Deductible $ 2,500.
Automobile Fleet
Liability Limit $ 15,000,000.
Deductible
All Perils $ 1,000.
Vehicle Insured:
2002 Chev Van S/N 150307 Replacement Cost
2010 - 2011 PROPOSED ANNUAL PREMIUM -LIBRARY $ 42,749.
PLUS APPLICABLE TAXES
NOTE: Value Added Risk Management Services are included in the total premiums.
Frank Cowan Company
_27_
Corporation of the City of Niagara Falls
2010 Municipal Insurance Proposal
PROGRAM OPTIONS
Options are available as outlined below. Please note that in addition to these options, you may also have other
exposures that require or may beneft from specific insurance, forms, such as: marina liability, aviation liability,
etc. Alternate deductibles and limits may also be available.
2.
CRIME INSURANCE - THIItD PARTY BOND EXTENSION
With respect to Crime Insurance, coverage may be extended to include a Third Party Bond Extension.
Should this form of coverage be required, please advise us accordingly in order that we may provide you
with a cost quotation.
LIABII,ITY LIMITS (CITYI
To increase the present limit of liability from $ 20,000,000. to $ 25,000,000. with respect to the Municipal
Liability, Errors & Omissions, Non-Owned Automobile, Owned Automobile (City), Owned Automobile
(Transit) and Garage Automobile policies would require an additional annual premium of $ 21,634.
3. LIABILITY LIMITS (PUBLIC LIBRARYI
Consideration should be given to increasing the $ 15,000,000. Limit of Liability with respect to the General
Liability, Errors & Omissions Liability, Non-Owned Automobile and Owned Automobile policies. We set
out below the additional annual premiums required for optional limits:
Limit of Liability
$ 20,000,000.
$ 25,000,000.
Additional Annual Premium
$ 1,500. Min.
$ 3,000. Min.
Frank Cowan Company
-29-
COST ANALYSIS -City of Niagara Falls
MUNICIPAL LIABILITY
ERRORS AND OMMISSIONS
NON-OWNED AUTOMOBILE
FOLLOW FORM EXCESS LIABILITY
ENVIRONMENTAL LIABILITY
COMPREHENSIVE CRIME
COUNCILLORS' ACCIDENT
CONFLICT OF INTEREST
LEGAL EXPENSE
RECREATION AFFILITATES:
GENERAL LIABILITY
NON-OWNED AUTOMOBILE
PROPERTY/DATA PROCESSING
EQUIPMENT BREAKDOWN
OWNED AUTOMOBILE (CITY)
GARAGE AUTOMOBILE (CITY)
EXCESS AUTOMOBILE & GARAGE (CITY)
OWNED AUTOMOBILE (TRANSIT)
EXCESS AUTOMOBILE (TRANSIT)
2009 AMENDMENTS
EXPIRING PROGRAM
546,587 $
46,047
500
28,305
38,650
4,750
558
780
6,857
3,427
100
89, 507
7,429
96,060
9,207
2,347
191,037
4,571
38,437
NEW PROGRAM
2010-2011 TERM
776,154
46,047
500
31,839
38,650
4,750
558
780
6, 857
3,018
INCLUDED ABOVE
103,121
7, 854
97,957
9,207
2,525
206,388
4,953
ANNUAL PREMIUM $ 1,115,156 $ 1,341,158
COST ANALYSIS -Niagara Falls Public Library
EXPIRING PROGRAM NEW PROGRAM
2009-2010 TERM 2010-2011 TERM
GENERAL LIABILITY $ 7,657 $ 7,657
ERRORS AND OMMISSIONS 4,967 4,967
NON-OWNED AUTOMOBILE 200 200
ENVIRONMENTAL LIABILITY 2,132 2,132
COMPREHENSIVE CRIME 1,750 1,750
COUNCILLORS' ACCIDENT 496 496
CONFLICT OF INTEREST 540 540
LEGAL EXPENSE 750 750
PROPERTY/DATA PROCESSING 18,728 19,017
EQUIPMENT BREAKDOWN 3,387 3,556
AUTOMOBILE FLEET
EXCESS LIABILITY (AUTOMOBILE)
ANNUAL PREMIUM
INCREASE LIMIT OF LIABILITY
1,484 1,484
200 200
$ 42,291 $ 42,749
1, 500
REVISED ANNUAL PREMIUM $ 44,2gg
Niagara,Fi~lIs
CPS-2009-013
December 14, 2009
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Corporate Services Department
SUBJECT: CPS-2009-013
Niagara Falls Humane Society
RECOMMENDATION
That the City provide up to $179,000. to the Niagara Falls Humane Society (NFHS)
as a five-year forgivable mortgage for the financing of completed building
improvements at the NFHS animal shelter.
EXECUTIVE SUMMARY
In response to deficiencies outlined in the Bandow report on Animal Control in the City of
Niagara Falls, the Niagara Falls Humane Society (NFHS) invested $300,000 in capital
improvements. The improvements have addressed the deficiencies. The result of the
improvements has been a depletion of the financial cushion maintained by the NFHS. As
a result, the NFHS has requested one-time financial assistance. Staff support the
immediate financial assistance for capital improvements to the NFHS facility.
BACKGROUND
The 2007 Bandow report on Animal Control in the City of Niagara Falls characterized the
NFHS facility as "barely adequate". The NFHS has been proactive in investing
approximately $300,000 in both building and equipment, despite the uncertainty of their
relationship with the City. The completed improvements have addressed many of the
animal shelter deficiencies. Staff inspected the facility in 2008 and was satisfied with the
improvements. Unfortunately, these expenditures have exhausted the NFHS reserves.
The NFHS advised that their reserve funds were used to construct capital improvements
to their facility in accordance with the 2007 Bandow report. On July 29, 2009, the NFHS
formally requested the City to provide a mortgage in the amount of $179,032.18 for the
financing of the shelter improvements.
A staff report on November 16"' addressed this issue and a number of other issues
(licensing fees, a grant request and the City's operating budget for animal control and
sheltering costs). Council approved the fee increase but referred the other items to budget
deliberations.
Staff has subsequently met with principles from the NFHS. They have indicated that the
issue of a forgivable mortgage on the building is a pressing need. The financial cushion,
they had prior to the Bandow-related renovations, has been depleted. The forgivable
mortgage will provide some breathing room they need to continue to operate.
December 14, 2009 - 2 - CPS-2009.013
ANALYSIS/RATIONALE
Through meetings between Niagara Falls Humane Society (NFHS) principles and City
staff, afive-yearforgivable mortgage was proposed forfinancing the capital improvements
to the NFHS facility. The financial assistance relieves the City from constructing and
operating its own animal shelter. The 2007 Bandow report detailed the costs for building
and operating an animal shelter. New construction costs could amount to $1.8 million with
additional equipping costs of approximately $121,000.
Staff has reviewed the 2008 Audited NFHS financial statements and has confirmed that
the capital improvements have increased the fixed assets of the organization. The fixed
building asset as at Dec.31/08 was $839,191. Staff has also verified the actual
expenditures for the capital improvements amounting to $179,032.18 .
Based on the improvements to the facility and ultimate cost savings to the municipality,
staff is recommending that the City provide up to $179,000. to the NFHS as a five-year
forgivable mortgage for the financing of completed building improvements.
Without such assistance, the financially viability of the shelter will be called into question.
The NFHS has expressed their immediate financial challenge. Having exhausted their
reserve funds, the NFHS has been using aline-of-credit to support regular operations;
however, the 2009 operating costs are exceeding their revenues and the organization
continues to incur short term debt. Staffs review of the 2009 NFHS financial statements
has confirmed that, without immediate financial assistance, the operations will have to be
severely reduced to repay the debt and to address the operating deficit.
FINANCIAL IMPLICATIONS
The one-time financial assistance is a mortgage and would be registered on the NFHS
property. The mortgage will be the securityfor the City's investment in the facility. Should
the NFHS be unable to carryon its contractual duty to the -City, the City can claim for any
residual amount of the unexpired mortgage term.
The mortgage is forgivable overfive years and would not include interest. Each year, 20%
of the mortgage is forgiven, so that at the end of the five-year period, the entire amount is
forgiven and the mortgage is released. The annual amount forgiven of approximately
$35,800 would be drawn from the City's Special Purpose Reserves and would not impact
the General Purposes budget.
LIST OF ATTACHMENTS
July 29, 2009 letter from Niagara Falls Humane Society
Table 2 from Bandow Report, Capital Budget for construction and equipment of a
municipally operated Animal Centre
Niagara Falls Humane Society, Financial Statements, December 31, 2008
December 14, 2009 - 3 - CPS-2009-013
Recommended by:
Approved by:
Dean orfida, City Clerk
K. E. Burden, Executive Director, Corporate Services
Respectfully submitted: I "' ~"~rrNv`
Ken odd, Chief Administrative Officer
V:~2009COUNCIG2009 12 141CPS-2009-13 Niagaza Falls Humane Societywpd
HIttC. FpILBCLER>rS'49 p7~J+~+50
8025 Ghippawa Parkway, Niagara Falls, Ontario L2E 8X8
Telephone {905J 356-4404 Fax (905) 358-7652 Incorporatad April 6, 1937
Dean lorfida, City.Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls ON L2E 6X5
Dear Dean:
Jufy 29, 2004
This letter is to confirm that The Board of Directors of the Niagara Falls Humane
Society has passed a motion to request afive-year #orgivable mortgage
agreement from the City of Niagara Falls in the amount of $179,032.18. The
above amount wilt be used by the Niagara Falls Humane Society for the
financing of the shelter improvements.
Thank you for your time in regards to this request.
Yours truly,
~~~~
Jay DesRoches
Executive Director
Niagara Falls Humane Society
"N/E SPEAK FOR 7!-IOSE N/NC7 CANNUT SPEAK FOR THEMSELVES"
www. niagara fallsh umanesociery. com
~(~ ~.
Proiec! Report of[he 2007 Service Review of die CiN ofNiar!~a Falls, Ontario Aninur(Care & Control Services
(C/N o{Nia¢ara Falls ON FUe No k1999-9316vJames H Sondow e& Associates
Table #2 Cauitaf BBfiQet #or eonstrueEecxf and etaUi[afnent tYf a municipaEhf aexerated
Niagara FatEs Anenlal Cet~tr~
This tabio contains ourprajeded Capital Budget #ar mnstrudion ~ a C8y of Niagara Fails Municapal Anima! Centre. Square footage
Costs Crave been projected by an arduted experienced in shelter design. This cost es8mate Aces not include the ms! of hand, or permits.
Animal Holding Areas ~ 2,516 sq. ft @$265 666740
Enforcement Space 256 sq. ft @$225 57600
Ancillary Space 3,211 sq. ft @$225 722475
Halliways 1,196 sq. ft. @$225 269100
HVAC System 18 Air ChangesPor. + Heat recovery Included
Archded Fee ('g)
110000
Con8rnlency ('10) Included
SUB-TOTAL $1,825,915
Dog Kennels - 40 @ $3,000 (*11) Included
Cat Caging (Rados) - 14 @ $3,850 {'12) 53900
Security (*13) 8000
R Requirements (*14) 8000
Pressure Washer 1 @ $2,600 2600
Service Carts 2 @ $250 (*15) 500
Freezer (Upright) 1 @ $4,000 4000
Vetednary Technical Supplies Microscope 1 @$200
Clippers 1 @ $100
Slides, snipes eta.. $700 1000
Treatment Table 2 @ $1000 P00g
Appliances (Fridge/Compad Fridge) 1 @ $750 / 1 @ $250 1000
Bowls & Litter Trays 150 @ $15 {'16) 2250
OfTce FumitureiLockerseto Lockers -16 @ $100 = 1,600
Office Furniture-2 @ $2,500 = $5,000
Workstatwns-5 @ $1,000 = $5,000
Interview Room Tables - 2 @ $370 = $740
Lunch room Table -1 @$370 = $740
Tads Chairs - i6 @$200 =$3,200
Guest Chairs - 30 @ $150 = $4,500
Lunch Room Chairs -10 @ $70 = $700
Contingency (For inddental adddions that may have been
missed) -$5,000 26ggp
Sgnage
5000
Sound Baffling 3000
Page 138
rraiect Reoort ofthe 2007Serviee Review of the CiN ofNiaeara Fa!!s Ontm~io Animal Care & Control Servlees
Cl gfNwAOra Falls. ON. File No #1999-93) byJames H Bandaw & Assxiozes
Washers and Dryers 1 Washer and 1 Dryer @ $750.00 1500
Fendng (`1~ 1500
SUB TOTAL 5120,730
GRAND TOTAL ;1,946,645
taepianatory Notes: (`8) Percentage of heat recovered wi0 be dependant upon the unit selected in
consultation with mechanical engineers.
(`9) We used a rate of 8.4% which would seem appropriate for a building of this
protected cost, but may need to be adjusted.
(`10) We used a contingency of 10%.
(*11) See Introductory Comment for Table #1
(*12) See Introductory Comment for Table #1
(*13) This includes card access readers to limit access In the building 1b staff outside of
public hours which has proven to watt more effectively than keys. k limits time of
access, records access and can quiddydenyaccess when an employee leaves your
employ. Additionally, readers are located to prevent public aocess to lunch and
todcer rooms for staff security, treatrnenUeuthanasiamom for sedrrity of ilrrgs, to
prevent access to dog arM cat isdatron rooms to limit disease. transmission to the
rest of the building and to reduce liability where the.public may be bitten. by animals
under rabies observation. Additionally, motion detectors may be required. in areas
where animals are separated from the detectors by solid or glass watts. As well,
door and window contacts will be required. Video cameras in the dog and cat areas
and a quad monitor in the receiving area maybe required to provide secunly in the
rooms without staff constantly having to escort viewers. Further, the costs would
provide for the installation of a public address system which is very useful W
communicate with staff.
(`14) We only included an esOmate to have a hrncfion box located in the facility, network
cable to the various computer work station locations (rww is the time to locate
where there maybe need for additional drops in the future), and a fiber connection
to your netwotfr.
(*15) These are usualty Rubber Maid carts with an upper and lower shelf and used to
move litter frays, food etc. about the facility.
(*16) We have found that it is much cheaper and the product better, if stainless steel
serving bowls are used fa food and water, and chaffing dishes are used as litter
frays. These are available through restaurant suppty houses. Note that cat feeding
and water bowls an: included in the cost for cat racks.
(*17) Fendng is only recommended in areas where security is required -primarily near
staff parking and vehicle access to the unloading bay. We are opposed to Fendng
around the entire exterior of an animal shelter, espedalty around the front, as this
presents a very negative `animal jaiP image of the fadlity and its operation.
Page 139
Crawford
smith(,,
swallow
NIAGARA FALLS HUMANE SOCIETY
Financial Statements
December 31, 2008
Crawford
smrth(,g~
swallow
NIAGARA FALLS HUMANE SOCIETY
Financial Statements
December 31, 2008
Table of Contents
Page
Auditors' Report
Balance Sheet
Statement of Changes in Net Assets g
Statement of Operations 4
Statement of Cash Flows c
Notes to Financial Statements 6-9
Schedule to Statement of Operations 10
Crawbrtl, Smith antl Swalbw Crawford
Chartered Accountants LLP ~~
4141 OOean Street C~Y7'71~~ / ~/ t
Niagara falls, Ontario Ullll 1liLLL ~~
Te ephone (905) 356-4200 swallow
Telecopier (g05) 356-3410
Ollices in'
Niagara Falls, Dntario
SC Catharines, Ontario
Fort Erie, Ontario
Niagara-on-Ihe~Lake, Ontario
Port Colborne, Ontario
AUDITORS' REPORT
To the Members of
Niagara Falls Humane Society
We have audited the balance sheet of Niagara Falls Humane Society as at December 31, 2008 and
the statements of changes in net assets, operations and cash flows for the year then ended. These
financial statements are the responsibility of the society's management. Our responsibility is to
express an opinion on these financial statements based on our audit.
Except as explained in the following paragraph, we conducted our audit in accordance with
Canadian generally accepted auditing standards. Those standards require that we plan and perform
an audit to obtain reasonable assurance whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit also includes assessing the accounting principles
used and significant estimates made by management, as well as evaluating the overall financial
statement presentation.
In common with many charitable organizations, the society derives revenue from donations, the
completeness of which is not susceptible of complete audit verification. Accordingly, our
verification of this revenue was limited to accounting for the amounts recorded in the records of
the society and we were not able to determine whether any adjustments might be necessary to
donation revenue, excess of revenue over expenses and net assets.
In our opinion, except for the effect of adjustments, if any, which we might have determined to be
necessary had we been able [o satisfy ourselves concerning the completeness of the revenue from
donations referred to in the preceding paragraph, these financial statements present fairly, in all
material respects, the financial position of the society as at December 31, 2008 and the results of
its operations and its cash flows for the year then ended in accordance with Canadian generally
accepted accounting principles.
~~ ~ ~ ~~
Niagara Falls, Ontario
April 14, 2009 CRAWFORD, SMTI'H AND SWALLOW
CHARTERED ACCOUNTANTS LLP
LICENSED PUBLIC ACCOUNTANTS
1
NIAGARA FALLS HUMANE SOCIETY
BALANCE SHEET
December 31, 2008
Assets 2t)t~8 2007
Current Assets
Cash 4~,41~0 199,329
Marketable securities 154,053
Accounts receivable 4gh,94~1 14,821
Prepaid expenses 1,~ J6Q " 14 150
10;323 382,353
Fixed Assets -note 2 ~~~_ ~~, ; ~,,, ~,,,,
Liabilities and Net Assets
Current Liabilities
Accounts payable and accrued liabilities -note 4
Deferred revenue -note 3
Net
895,177
11~9~6 80,020
192754 134,672
7~87~t1;:' 895,177
Signed on behalf of the Board:
Director
Director
See accompanying notes
crawtord smith ~, swallow
2
NIAGARA FALLS HUMANE SOCIETY
STATEMENT OF CHANGES IN NET ASSETS
for the year ended December 31, 2008
.................. ....
21~1~8 2007
;$ ._ $
Net Assets, Beginning of Year
Excess (Deficiency) of Revenue over Expenses
Transfer from A
603,616
121,580
Net Assets, End of Year ~'~8,0 760,505
See accompanying notes
Crawford smith C8~ swallow
NIAGARA FALLS HUMANE SOCIETY
STATEMENT OF OPERATIONS
for the year ended December 31, 2008
~~ 2007
'` $
Revenue
City of Niagara Falls -fee for service -note 5 #5~ ~ 466,118
Niagara Community Foundation grants -note 6 1,3~~ 2,680
Donations and fund raising $~„4,Q~ 79,565
Bequests ~_ 1r$~9..~,= 68,913
Shelter -schedule 1 174,8# 184,441
Sundry -schedule 1 2~~1Z3 27,276
Ministry of Training, Colleges and Universities grant 749
Niagara College of Applied Arts and Technology grant
'7~fr ~b 829 742
Expenses
Amortization ~WS~'3~8' 34,880
Bad debts ' 18>~&~I '. 11,057
Bank and interest charges 5,170 3,472
Canada Pension ' 17x72 15,667
Education 3¢9' 1,162
Employment Insurance ' 8;,955 8,653
Group insurance 32,46: 29,779
Insurance I9~2~"7 ! 20,348
Miscellaneous 4;7bT
-.. 1,798
Professional fees and purchased services 15,30L 14,140
Provision for lawsuit 26,250;
Shelter -schedule 1 X72,368 . 162,250
Vehicle `1$,476:. 13,884
Wages ~2z#,'774 379,663
Workplace Safety and Insurance Board 10481
- 11 439
-r
9~4,885 708162
Excess (Deficiency) of Revenue over Expenses (Iv8~1,49'J~) 121,580
See accompanying notes
4
crawlorrl smith C~, swallow
NIAGARA FALLS HUMANE SOCIETY
STATEMENT OF CASH FLOWS
for the year ended December 31, 2008
Operating Activities
Excess (deficiency) of revenue over expenses
Amortization
Loss on disnosal of fixed assets
_ Changes in non-cash working capital components
Marketable securities
Accounts receivable
Prepaid expenses
Accounts payable and accrued liabilities
Deferred revenue
Funds provided by operating activities
Investing Activities
Purchase of fixed assets
Decrease in Cash Position
Cash Position, End of Year
-~~
~'4,1t,~
4Ct,5~=5
2007
121,580
34,880
(154,053)
(3,837)
1,525
19,226
13,371
5( 0,892)
(37,521)
236,850
199,329
See accompanying notes
5
Crawford smith Cdr, swallow
NIAGARA FALLS HUMANE SOCIETY
NOTES TO FINANCIAL STATEMENTS
for the year ended December 31, 2008
Organization
Niagara Falls Humane Society provides humane, animal control, boarding and crematorium
services in the City of Niagara Falls. Niagara Falls Humane Society is a registered charity and,
accordingly, exempt from income taxes.
1. Significant Accounting Policies
The financial statements of the Society are the representations of management prepared in
accordance with Canadian generally accepted accounting principles, consistently applied.
Because a precise determination of many assets and liabilities is dependent upon future
events, the prepazation of periodic financial statements necessarily involves the use of
estimates and approximations. These have been made using cazeful judgement in the light of
available information. The financial statements have, in management's opinion, been
properly prepared within reasonable limits of materiality and within the framework of the
accounting policies summarized below:
Revenue recognition
Restricted contributions are recognized as revenue in the year in which the related
expenses are incurred. Unrestricted contributions are recognized as revenue when
received.
Financial instruments
The Society has elected the following balance sheet classifications with respect to its
financial assets and financial liabilities:
Cash and marketable securities are classified as "assets held-for-trading" and are
measured at fair value.
Accounts receivable aze classified as "loans and receivables" and are measured at
amortized cost, which, upon initial recognition, is considered equivalent to fair value.
Accounts payable and accrued liabilities are classified as "other financial liabilities" and
are initially measured at fair value.
Fixed assets and depreciation
Fixed assets are recorded at cost. Expenditures for maintenance and repairs are charged to
operating expenses.
Depreciation is calculated using rates designed to amortize the cost of fixed assets over
their useful lives as follows:
Building
Furniture and equipment
Computer equipment
Vehicles
- 40 years, straight line
- 10 yeazs, straight line
- 3 years, straight line
- 3 years, straight line
6
crawlord smith ~ swallow
NIAGARA FALLS HUMANE SOCIETY
NOTES TO FINANCIAL STATEMENTS
for the year ended December 31, 2008
1. Significant Accounting Policies -continued
Fixed assets and depreciation -continued
Additions during the year are depreciated from the month of acquisition. Disposals are
depreciated until the month of disposition. Gains or losses on assets sold or otherwise
disposed of are included in the statement of operations.
Gifts-in-kind
Gifts-in-kind are recognized when the fair value can be reasonably estimated, the
materials are used in the normal course of operations an d the organizati on would have
purchased the materials or services if they had not been con tributed.
2. Fixed Assets
A~euinul&~l
host D~~r~itatlan 20,83 2007
~ ' ' Vin. ` $. $
Land ~BQ,b~b 84,~~6 80,666
Building 83~1~1 34393, 445,2- 378,204
Furniture and equipment 11,359 6~~56: SOf'~03: 4,883
Computer equipment 22,24 14,111 8,r~4 4,871
Vehicles 9fx`~14~2. ~~4 27;~~~a , 44,200
1,154,f~2 49`~r,~~5' ~f~,*~~7 512,824
7
Crawford smith ~& swallow
NIAGARA FALLS HUMANE SOCIETY
NOTES TO FINANCIAL STATEMENTS
for the year ended December 31, 2008
3. Deferred Revenue
8 2007
~i $
Balance, beginning of year X4,652 60,602
Contributions:
Bequeaths 7,f1130
Capital Campaign 253
Computer equipment ; 1,'~d0 1,322
Amortization _.__ i~t-~~1 (7.525
Balance, End of Year _ '~ ' 54,652
The balance consists of the following accounts:
_._
2DQ8
2007
$ $
Bequeaths 2.7,000
Capital Campaign 3~;~~4 45,117
Computer equipment 1,24 573
Investigation 80 '; 80
Puppy Playground 1,16`
_. . 1,169
Spay and Neuter `7,713 7,713
`7,79$ ` 54,652
4. Contingent Liability
During 2008 an employee left the Humane Society. The employee has made a claim against
the Society for $ 85,000. The Society has provided for an estimated loss of $ 26,250. The
cost of the settlement in excess of $ 26,250, if any, will be expensed in the year of
settlement.
5. Economic Dependence
The Niagara Falls Humane Society's operations consist of providing humane, animal control,
boarding and crematorium services in the City of Niagara Falls. The contract with the City
of Niagara Falls to receive financing for- animal control accounts for 62% of funding in the
current year.
6. Permanent Endowment
During 2005, the Society transferred $50,000 to the Niagara Falls Humane Society Shelter
Enhancement Fund held by the Niagara Community Foundation. During the year, the Society
received $ 1,343 from the Fund.
8
Crawford smith ~, swallow
NIAGARA FALLS HUMANE SOCIETY
NOTE5 TO FINANCIAL STATEMENTS
for the year ended December 31, 2008
Gifts-in-Kind
Gifts-in-kind recognized in the financial statements include $ 1,000 of computer equipment.
S. Comparative Amounts
The 2007 figures, presented for comparison purposes only, have been restated to conform
with the current year's basis.
crawlord smith ~ swallow
NIAGARA FALLS HUMANE SOCIETY
Schedule 1
SCHEDULE TO STATEMENT OF OPERATIONS
for the year ended December 31, 2008
2 2007
>~ $
Shelter Revenue
Boarding fees ~~,541 45,038
Cremations
~~ ~
28,198
Humane work I~~ 20,467
Pound fees < ~i~~4 5,890
Sale of animals fi~„6a~~= ' 53,427
Sale of dog licences ,~ ~~~:"- 31 421
"~ 184,441
Sundry Revenue
Interest :8,2;91. 6,996
Memberships 481- 160
Miscellaneous I6z3~" 20,120
_ =rte. '; 27,276
Shelter Expenses
Cremation services 1;3011 ': 17,631
Food ; 4;50 3,729
Light, heat and water 28~,6~2 31,991
Municipal taxes f,125 6 097
Office and sundry 35,93 20,692
Repairs, maintenance and cleaning 66,559' 23,448
Telephone IQ,~8T 9,346
Veterinarians' fees _ __ ~5,~95 -, 49,316
~7~x~68 162,250
See accompanying notes
10
crawlo~ smith C~ swallow
;;:_ 'tanning
:~
Scanned
FHA Z6 ,
FANTASY HOLIDAYS INC.
5824 MAIN STREET, NIAGARA FALLS, ON L2G 525 CANADA Tel: 905.354:1040 ** Fax: 905.357.4850
December 12, 2009
Director of Planning & Development
City Hall
4310 Queen Street,
Niagara Falls, ON L2E 6X5
Attn: Mr. Alex Herlovitch -Director
Dear Mr. Alex Herlovitch,
Re: Proposed change _ By Law Amendment Application # AM 2009-022
This is to express my concern regarding the property at 4907 Ontario Avenue Lot 126 about the
property line. Your map also describes clearly that the said property owner have encroached on
my property with a wooden fence as marked by x-x-x-x marks in the drawings produced by you.
I had to undergo an extensive survey search few times by hiring the Surveyors to identify my
properly line markings which was also encroached by another property owner at 4909 Ontario
Avenue (corner property) both were backing to my property. This has caused me unnecessary
expensive aggravation due to non co-operation from the neighbors and hiring the Lawyers etc.
We had many problems for having an access to my own property and we could not even drive the
truck from the driveway which was disturbed by the adjoining corner property to have an access
for our construction work.
I have tried to contact the owner of the property in the said application by leaving my business
cards etc. and by knocking at the door but was not successful in contacting anyone.
Just today only I was in touch with the owner of the property and found the owner is aware of the
property line and encroachment but did not say anything about his line of action or future plans.
I hereby object for the approval as requested unless they move the wooden fence
onto their own property. The approval can be considered with the condition of
removal of the fence from my property before commencement of their business, in
order to have the easy access for my driveway paving which is due to be undertaken shortly.
As you can witness the property at 4405 Simcoe Street at Lot 125 (behind these applicants) have
completed the outside construction and now we are ready for the laying down the driveway
stones to have the access for the interior work being commenced very soon.
I trust this matter will be considered while considering any approval.
Sincerely yours,
~~~~ ~~
Vijay Kapur
DEC 1 4 2009
NIA;. Fw~~s c~s_atis'~5 221112~~
To whom it may concern,
This is a request to temporally close the right of way between Buckley Ave and
St.lawarance Ave. The ice rink that was at city hall will be moved to this location as per
the attached. Please advise the proper legal name that needs to be on our insurance
policy. Closed from Dec 2009 to Apri12010.
_._ __._ ..._ Thank you,
__a_._. _ Chn
Presid~nt
Taps Brewing Company Inc.
289-477-1010
cj effries@tapsbeer.ca
,4680 queen street niagara falls - Google Maps
Page 1 of 1
http://maps.google.ca/maps?F-q&source=s_q&hl=en&geocode=&q=4680+queen+street+,., 12/11/2009
Address 4680 Queen St
Niagara Falls, ON
Community Services Department
Planning & Development
Inter-Department Memorandum
TO: Mayor Ted Salci and DATE: December 14, 2009
Members of City Council
FROM: Bob Bolibruck
Manager of Community and Planning Projects
Ext. 4298
RE: Request by Taps Brewery to Utilize Portion of City Laneway
From St. Lawrence Avenue to Buckley Avenue
The City has been requested by the owner of Taps Brewery to utilize a portion of the City Laneway
that travels from St. Lawrence Avenue to Buckley Avenue for an outdoor skating rink (see attached
sketch). This is the rink that was situated in front of City Hall last winter and owned by Historic
Niagara. Taps Brewery currently operates their business from buildings located on either side of the
Laneway. The eastern portion of the Laneway will not be impacted as a result of the rink proposal and
pedestrians would still be able to travel from St. Lawrence to Buckley Avenue. The utilization ofthe
Laneway will allow Taps to strategically locate the outdoor rink (80 feet x 50 feet in size) while
maximizing the amount of land for parking and operation of the Brewery and Restaurant. It has been
learned that the Laneway is not plowed during the winter months, nor is it used for garbage pickup.
Because the Laneway is a public right-of--way, Council approval is required. If City Council supports
the request, Taps has agreed to provide suitable insurance coverage for the use of the Laneway. They
will limit the use of the rink in the evenings to minimize any potential complaints.
BB:
~~~~~~~
S:ICOMMUNITYVMPROVEMENTPLANS1Downtownl0utdoor Rink~nemo to Council on use of City laneway.wpd
Working Together to Serve Our Community
~' Falls Viewer Map Print
Page 1 of 1
~p~0 ,.3Jt(C ~G'~y G.`~~ Qf'o ~GSCC( O1~dou/
http://map. niagarafalls.ca/dialogPages/print. aspx
12/14/2009
CITY OF NIAGARA FALLS
By-law No. 2009 -
A by-lawto hereby authorize the Mayorand Chief AdministrativeOfficer toexecutethe Community
Adjustment Fund ("CAF") Agreement between Her Majesty the Queen in right of Canada ("Her
Majesty"), as represented by the Minister of Industry (the "Minister"), and the Corporation of the
City of Niagara Falls (the "Recipient").
WHEREAS on June 8, 2009, the Council approved report MW-2009-41, Community Adjustment
Fund Application (the "Report"); and
WHEREAS the Report approved the that the City make application to the Community Adjustment
Fund for the Montrose Road Business Park and the McLeod Road /Oakwood Drive Intersection
Improvement; and
WHEREAS in September 2009, the municipality received approval of the application for funding.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
An agreement under the Community Adjustment between Her Majesty the Queen in right
of Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister"), and
the Corporation of the City of Niagara Falls (the "Recipient"), as attached hereto, is hereby
approved and authorized.
2. The Mayor and Chief Administrative Officer are hereby authorized to execute the said
funding agreement.
The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
funding agreement.
Passed this fourteenth day of December, 2009.
..........................................................
DEAN IORFIDA, CITY CLERK
................................................
R.T. (TED) SALCI, MAYOR
First Reading: December 14, 2009.
Second Reading: December 14, 2009.
Third Reading: December 14, 2009.
-I-
Project Number: 845-SOS 180
Mr: Ken Todd
Chief Administrative Officex
The Corporation of the City of Niagara Falls
4310 Queen Street
Niagaza Falls, ON L2E 6X5
Deaz Mr. Todd:
Re: The Corporation of the City of Niagara Falls
In response to your application dated June 12, 2009, Her Majesty the Queen in Right of
Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister")
hereby offers to make a contribution under the Community Adjustment Fund ("CAF") to
The Corporation of the City of Niagara Falls (the "R.ecipient") (the Recipient and the
Minister collectively referred to as the "Parties" or individually as the "Parry") for the
purposes of the project described in Annex 1 (the "Project"), upon the following terms and
conditions:
1.0 The Aureemenf
Ll This Agreement including Annex 1 -The Project -Statement of Work, Annex la -
Environmental Mitigation Measures, Annex 2 -News Release Summary, Annex 3 -
Costing Memorandum, Annex 4 (as provided fox in subsection 7.1), Annex S- Monthly
Report, and Annex 6 -Monthly Employment Report upon being duly executed by the
Recipient and the Minister, constitutes the entire agreement between the Parties pertaining
to the matters contemplated hereby (the "Agreement") and' supersedes all prior
agreements, documents, undertakings and negotiations, whether oral or written of the
Parties, related to its subject matter.
1.2 Duration of Agreement. This Agreement comes into force on the Date of Acceptance
and will terminate:
(a) twelve (12) months after the earlier of. _
i) the completion of the Project to the satisfaction of the Minister; or
ii) the Completion Date.
(b) upon the date on which all amounts due by the Recipient to Her Majesty under this
Agreement, have been paid-in full,
whichever is the latter, unless terminated earlier in accordance with the terms of this
Agreement.
1.3 Date of Acceptance. The date of acceptance shall be the date the duplicate copy of this
offer, duly executed by the Recipient, is received by the Minister (the "Date of
Acceptance").
1.4 Survival. Notwithstanding the provisions of subsection 1.2 above, the rights and
obligations of the Parties set forth in the following sections, shall survive the expiry or
eazly termination of this Agreement, and shall remain-in full force and effect:
Section 4 -Other Government Financial Support
Section 6 -Monitoring, Audit and Eva]uation
Section 11 -Indemnification and Limitation of Liability
Section 12 -Default and Remedies
Section 14 -Project Assets
Section 16 -General
Subsection 16.11 -Dispute Resolution
-2-
The survival period shall lapse six (6) years after the expiry or early termination of this
Agreement.
I.5 Precedence. In the event of, and only to the extent of, any conflict or inconsistency
between the part of the Agreement that precedes the signatures of the Parties, and the
annexes that follow, the part of this Agreement that precedes the signatures of the Parties
shall apply. The order of precedence amongst the annexes of this Agreement will be:
Annex I -Statement of Work
Annex la -Environmental Assessment Act
Annex 3 -Costing Memorandum -
Annex 2 -News Release Summary
Annex 4 -Recipient representation documents per subsection 7.1
Annex 5 -Monthly Report
Annex 6 -Monthly Employment Indicator Report
1.6 Headings. The headings used in this Agreement are inserted for convenience of reference
only and shall not affect its interpretation.
2.0 The Proiect
2,1 The Project commencement date is August 27, 2009 (the "Commencement Date") and the
Recipient shall insure that the project is completed to the Minister's satisfaction no later
than Marcb 31, 2010 ("Completion Date").
3.0 The Contrihution
3.1 The Minister will make anon-repayable Contribution (the "Contribution") to the Recipient
in respect of the Project in an amount not exceeding the lesser of: -
(a) 22.39% of the eligible and supported costs outlined in Annex 1 (the "Eligible and
Supported Costs") of $2,552,555.00 of the Project incurred and paid, and
(b) $571,772.00
3.2 The Minister shall not cohtribute to any Eligible and Supported Costs incurred prior to
June 12, 2009 and later than Mazch 31, 2010.
In no circumstances shall the Minister contribute to costs incurred after March 31, 2010.
The Minister shall not consider any requests to extend this project and any underspending
cannot be carried forward to the next fiscal year.
3.3 Notwithstanding 3.2, in no event will the Minister pay more than ten percent (10%) of the
Contribution as set out under 3.1 towards Eligible and Supported Costs incurred by the
Recipient prior to the Commencement Date.
3.4 The Minister shall not contribute to any Eligible and Supported Costs incurred by the
Recipient that could cause the Contribution noted in subsection 3.1 above to exceed
$571,772.00 in the fiscal year ending Mazch 31, 2010.
3.5 The Recipient shall use the Contribution solely and exclusively to support the Eligible and
Supported Costs of the Project as detailed in Annex I and shall carry out the Project in a
diligent and professional manner, using qualified personnel.
3.6 The Recipient shall be responsible fox ail costs of the Project, including cost overruns, if
any.
_3.
4.0 Other Government FYnancial Sunoort
4.1 The Recipient hereby confirms that for the purposes of this Project, the following federal,
provincial, municipal or local govemment assistance, including tax credits, has been
requested or received:
Municina] $1,290,783
4.2 The Recipient shall promptly inform the Minister in writing in the event additional other
government financial support has been requested or received during the term of this
Agreement, and acknowledges and agrees that an adjustment to the amount of the
Contribution and a request for repayment of part or all of the amounts paid to the Recipient
maybe made as a result thereof. The amount of repayment requested will constitute a debt
due to Her Majesty and will be recovered as such from the Recipient.
4.3 In no instance will the total Canadian govemment funding towards the Eligible and
Supported Costs being supported under this Agreement be allowed to exceed one hundred
percent (100%) of the Eligible and Supported Costs under this Agreement.
5.0 Cleans and Pavments '
5.1 The Recipient shall maintain accounting records that account for the Contribution paid to
the Recipient and related Project costs in respect of this Agreement sepazate and distinct
from any other funding.
5.2 Claims Procednres. The Recipient shall submit claims for reimbursement of Eligible and
Supported Costs incurred, not more frequently than monthly and not less frequently than
quarterly, in a form satisfactory to the Minister. Each claim will include the following
information:
(a) an itemized summary of Eligible and Supported Costs incurred;
(b) for each expense being claimed, a copy of the invoice rendered to the Recipient (or
if no invoice is available, the contract vendor's name and contact information, the
date(s) that goods and services were provided, and the date the contract vendor was
paid), if required by the Minister;
(c) a brief explanation of the claim;
(d) the most current Monthly Report (Annex 5), as outlined in Section 6.1;
(e) identification of any deferred paymentamounts;
(f) a certification of the claim by an officer of the Recipient or other person satisfactory
to the Minister, confurning the accuracy of the claim and all supporting information
provided; and
(g) any other documentation in support of the claim as may be required by the Minister.
5.3 Advance Payments.
(a) Where the Minister is satisfied and has determined that the Recipient's cash flow
requirements justify the need for an advance against the Eligible and Supported
Costs payable under this Agreement, the Minister may, at his sole discrefion, pay to
the Recipient advances based on submitted cash flow requirements for Eligible and
Supported Costs to be paid during Fiscal Year 2009-10 up to twenty-five percent
(25%) of the annual Contribution as specified under provision 3.1 a) with
subsequent advances provided upon receipt of satisfactory reporting on progress and
spending to date and the following procedures:
4-
The Recipient shall submit to the Minister's satisfaction, a forecast of cash
flow requirements to be incurred during the first advance period along with
any documentation that the Minister may reasonably request.
ii) The Recipient shall account for the use of any advances within one hundred
and twenty (120) days of the beginning of the advance period.
iii) Should subsequent advances be requested, the Minister may make additional
advances provided that the Recipient shall follow the same process as outlined
under i) and ii) above and has supplied the following information to the
Minister's satisfaction:
(1) A statement of the Eligible and Supported Costs incurred during the
previous advance period, or any other advance period, certified by a
financial officer or other representative of the Recipient; and
(2) Submitted at least six (6) weeks before the start of the next advance.
iv) If the amount of the advance exceeds the amount of Eligible and Supported
Costs incurred during the previous advance period, the Minister shall deduct
the excess amount and any interest earned from any other payment under this
Agreement,
5.4 Final Claim Procedures.
(a) In addition to the requirements set out in subsection 5.2 Claims Procedures, the
Recipient's fmal claim pertaining to the final reimbursement of any Eligible and
Supported Costs previously claimed or not; and/or the reconciliation of any
outstanding advances, shall be signed by an authorized officer of the Recipient, or
such other representative of the Recipient satisfactory to the Minister, and
accompanied by the following, in a form satisfactory to the Minister in scope and
detail:
(i) a finat itemized statement of all Eligible and Supported Costs incurred and
paid by the Recipient;
(ii) a final statement of total Project costs;
(iii) the final Monthly Employment Report as outlined in section 6.3;
(iv) a statement of the total government assistance (federal, provincial and
municipal assistance) towards the eligible costs supported in the Agreement
received or requested;
(v) a final report on the Project in the form provided or in a form similar to Annex
5;
(vi) an attestation confirming the Recipient's compliance with the terms and
conditions of the Agreement; and
(vii) an attestation confirming that it is the final claim for payment. and as such, it
includes all final Eligible and Supported Costs submitted for payment.
(b) The Recipient shall submit the final claim for reimbursement of Eligible and
Supported Costs to the satisfaction of the Minister no latex than three (3) months
after the Completion Date but in any event no later than June 30, 2010. The
Minister shall have no obligation to pay any claims submitted after this date.
5.5 Payment Procedures.
(a) The Minister shall review and approve the documentation submitted by the
Recipient following the receipt of the Recipient's claim, or will notify the Recipient
of any deficiency in the documentation submitted which deficiency the Recipient
shall immediateiy take action to address and rectify.
-5-
(b) Subject to the maximum Contribution amounts set forth in subsections 3.1 and 3.4
and all other conditions in this Agreement, the Minister shall pay to the Recipient
the Minister's portion of the Eligible and Supported Costs set forth in the
Recipient's claim in accordance with the Minister's customary payment practices.
(c) The Minister may request at any time that the Recipient provides satisfactory
evidence to demonstrate that all Eligible and Supported Costs claimed have been
paid.
(d) The Minister may require that any claim submitted for payment of the Contributon
be certified by the Recipient's external auditor or by an auditor approved by the
Minister.
5.6 Holdbacks. Notwithstanding any other provision of this Agreement, the Minister may, at
the Minister's sole discretion, withhold up to ten percent (10%) of the Contribufion amount
until:
(a) the Project is completed to the satisfaction of the Minister;
(b) the final report has been submitted to the satisfaction of the Minister;
(c) audits, where required by the Minister have been completed to the satisfaction of the
Minister; and
(d) the Minister has approved the final claim described in subsection 5.4.
5.7 Overpayment or non-entitlement. Where for any reason the Recipient is not entitled to
a1L or part of the Contribution or the amount paid to the Recipient exceeds the amount to
which the Recipient is entitled, the Contribution or the amount in excess, as the case may
be, shall constitute a debt due to-Her Majesty and shall be recovered as such fromthe
Recipient. The Recipient shall repay the Minister promptly and in any case no later than
thirty (30) calendar days from the date of the Minister's notice, the amount of the
Contribution disbursed or the amount of the overpayment, as the case may be, together
with interest in accordance with the Interest and Administrative Charges Regulations, in
effect on the due date, plus three percent (3%) compounded monthly on overdue balances
payable, from the date of the notice, until payment is received by the Minister.
5.8 Sharing Ratios. If the Minister makes individual payments that represent higher sharing
ratios than those authorized for the total Contribution, in no event shalt the overall shazing
rafio calculated on the total Eligible and Supported Costs of the Project exceed the
maximum authorized shazing ratios as provided in subsection 3.1 a).
6.0 Monitorlnn, Audit and Evaluation
6.1 Monthly Report. The Recipient shall submit to the Minister monthly progress reports and
a final report, ("Monthly Report") substantially in the form of Annex 5 hereto, as provided
in section 5.2, satisfactory to the Minister in scope and detail. These reports shall include,
for capital projects only, a pictorial record of the progress, dated and time stamped,
available in electronic format. A Report of a particular month must be submitted by the
tenth (10`h) day of [he following month.
6.2 The Monthly Report referred to in subsection 6.1 shall contain information sufficient to
allow the Minister to assess the progress of the Project, including for example, a
description of work completed to date; a percentage of completion report signed-off by the
managing architect or engineer (where applicable); photos that demonstrate the progress of
the Project (where applicable); and a report on implementation of environmental
mitigation measures (where applicable). Upon request of the Minister and at no cost to
him, the Recipient will promptly elaborate upon any Monthly Report subiitted.
6.3 Monthly Employment Report. The Recipient shall submit a Monthly Employment
Report in the form of Annex 6, satisfactory to the Minister in scope and detail.
-6-
The Recipient shall submit the Monthly Employment Reports of a particular month by the
tenth (10 )day of the following month.
6.4 The Minister may request that the Recipient submit to the Minister a copy of the
Recipient's financial statements, within one hundred and twenty (120) calendar days of the
Recipient's fiscal year end or within such longer period as may be authorized by the
Minister. _
6.5 The Recipient shall provide to the Minister a copy of any report or publication produced as
a result of this Agreement, whether interim or final, as soon as the same becomes
available.
6.6 The Recipient shall for the term of this Agreement and far a period of six (6} yeazs after
the expiry or eazly termination of this Agreement, at its own expense:
(a) preserve and make available for audit and examination by the Minister's
representatives, proper books, accounts and records of the costs of the Project,
wherever such books, and records may be located, and permit any authorized
representative of the Minister to conduct such independent audits and evaluations as
the Minister in his discretion may require;
(b) permit any authorized representatives of the Minister reasonable access to the
Recipient's premises and documents to inspect and assess the progress and results of
the Project;
(c) supply promptly, on request, such other data in respect of the Project and their
results as Ure Minister may require for purposes of this Agreement and for statistical
purposes.
6.7 The Minister shall have the right, at his own expense, and as and when he detem»nes
necessary, to perform audits of the Recipient's books, accounts, records, fmancial
statements and claims for reimbursement of Eligible and Supported Costs, and the
Recipient's administrative, financial and claim certification processes and procedures, for
the purposes of verifying the costs of the Project, validating claims for reimbursement of
Eligible and Supported Costs, ensuring compliance with the terms of this Agreement, and
confirming amounts repayable to the Minister under the provisions of this Agreement.
6.8 Any audits performed hereunder wil( be carved out by auditors selected by the Minister,
which may include any of the following: Department of Industry officials, an independent
auditing firm, and the Recipient's external auditors. The Minister will provide the
Recipient with a description of the scope and criteria of the audit and the expected time
flames for completion of the audit and public release of ffie related reports.
6.9 Auditor General of Canada. The Recipient acknowledges that the Auditor Generaf of
Canada may, at the Auditor General's cost, after consultation with the Recipient, conduct
an inquiry under the authority of subsection 7.1(I) of the Auditor General Act in relation to
any funding agreement (as defined in subsection 42.(4) of the Financial Administration
Act) with respect to the use of funds received.
For purposes of any such inquiry undertaken by the Auditor General, the Recipient shall
provide, upon request and in a timely manner, to the Auditor General or anyone acting on
behalf of the Auditor General '
(a) all records held by the Recipient, or by agents or contractors of the Recipient
relating to this Agreement and the use of the Contribution; and
(b) such further information and explanations as the Auditor General, or anyone acting
on behalf of the Auditor General, may request relating to this Agreement and/or the
Contribution.
-~-
7.0 Renreaentationa
7.1 The Recipient represents, warrants and covenants that:
(a) it is a Municipally Created Organization and is in good standing under the laws of
Ontario, and has the power and authority to carry on its business, to hold its property
and to enter into this Agreement and it has the power and authority, and has met aLI
legal requirements, necessazy to carry on business, hold property, and to enter into,
deliver and perform this Agreement. The Recipient warrants that it shall remain as
such for the duration of this Agreement;
(b) the execution, delivery and performance of this Agreement have been duly and
validly authorized by the necessazy corporate actions of the Recipient and when
- executed and delivered by the Recipient, this Agreement constitutes a legal, valid
- and binding obligation of the Recipient enforceable in accordance with its terms.
The relevant by-laws and resoluton that authorize the same are attached to this
Agreement by the Recipient as Annex 4.
(c) it has acquired general liability insurance and property damage insurance, evidence
of which must be included with the first Monthly Report, that is consistent with the
level of risk exposure associated with the Project, as described in the Annex 1 -
Project Statement of Work and will maintain such from the Commencement Date to
the Project Completion Date.
(d) the signatories to this Agreement, on behalf of the Recipient, have been duly
authorized to execute and deliver this Agreement;
(e) this Agreement constitutes a IegalLy binding obligation of the Recipient, enforceable
against it in accordance with its terms, subject as to enforcement of remedies to
applicable bankruptcy, insolvency, reorganizafion and other laws affecting generally
the enforcement of the rights of creditors and subject to a court's discretionary
authority with respect to the granting of a decree ordering specific performance or
other equitable remedies;
(f) the execution and delivery of this Agreement and the performance by rite Recipient
of its obligations hereunder will not, with or without the giving of notice or the
passage of time or both:
i. violate. the provisions of the Recipient's by-laws, any other corporate
governance document subscribed to by the Recipient or any resolution of the
Recipient;
ii. violate anyjudgment, decree, order or award of any court, government agency,
regulatory authority or arbitrator; or
iii. conflict with or result in the breach or termination of any materiat term or
provision of, or constitute a default under, or cause any acceleration under, any
license, permit, concession, franchise, indenture, mortgage, lease, equipment
lease, contract, permit, deed of trnst or any other instrument or agreement by
which it is bound.
(g) there are no actions, suits, investigations or other proceedings pending or, to the
knowledge of the Recipient, threatened and there is no order, judgment or decree of
any court or governmental agency which could materially and adversely affect the
Recipient's ability to carry out the activities contemplated by this Agreement.
8.0 Federal Visibility Requirements
8.1 The Recipient agrees that its name, the amount of the Contribution and a description ofthe
general nature of the activities supported under this Agreement may be made publicly
available by the Minister.
8-
8.2 In order to promote the support received from the Government of Canada, and to raise
awareness of the CAF as part of Canada's Eeonomic Action Plan (EAP), the Recipient
agrees to the following requirements, to be implemented at the discretion of the Minister:
(a) Coordinate and participate in a public announcement of the Agreement by the
Minister or his designated representatives in the form of an event and/or news
release as provided by the Minister. The Recipient shall maintain the confidentiality
of this Agreement until such public announcement;
(b) Prominently display at the Project site in a manner prescribed by the Minister,
promotional material or signage to be provided by the Minister, communicating the
nature of the funded activities and/or the involvement of the Govemment of Canada;
(c) Invite the Minister or his designated representatives to public/media events related
to achievements or initiatives taken by the Recipient and acknowledge the role of
the Government of Canada on these occasions;
(d) Follow the Govemment of Canada protocol, as provided by the Minister, during
public/media events involving the Recipient;
(e) When providing infomration on the products and services funded in whole or in part
by this Agreement (including financial assistance for an enterprise or organization),
specify that the financial assistance is made possible through a contribution from the
Govemment of Canada; and
(f) Include the appropriate Government of Canada wordmark in all publications and
advertising describing or promoting the products and services funded in whole or in
part by this Agreement, including, but not limited to, electronic media (web,
television, video), and print media (signs, print advertising, brochures, magazines,
. maps, Posters).
The Minister may, by notice in writing given to the Recipient, require that recognition of
the support provided by the Minister not be made in any public communication of the
Recipient.
9.0 Official Languages
9.1 The Recipient in completing the Project will not be providing services to or
communicating with members of an official languages minority community. Should there
be a change in circumstances such that the Recipient will be providing services to and
communicating with an official languages minority community, the Recipient agrees to
comply with the requirements of the Official Languages Act, from that date forwazd.
10.0 Environmental and Other Requirements
10.1 The Minister has determined that the Project is a "project" as defined by the Canadian
Environmental Assessment Act, therefore the Contribution is conditional upon the
Recipient successfully implementing the mitigation measures from the environmental
assessment process, as identified in Annex la, ENVIILONMENTAL MITIGATION
MEASURES, within the time frames specified therein satisfactory in scope and detail to
the Minister, and certifies the Minister that it has done so.
10.2 The Recipient shall comply with all federal, provincial, territorial, municipal and other
applicable laws governing the Recipient or the Project, or both, including but not limited
to, statutes, regulations, by-laws, roles, ordinances and decrees. This.includes legal
requirements and regulations relating to environmental protection.
10.3 The Recipient will provide the Minister with reasonable access to any Project site for the
purpose of ensuring that the terms and conditions of any environmental approval are met,
and Orat any required mitigation measures, monitoring or program follow up have been
carried out to the satisfaction of the Minister. -
-9-
10.4 If a change that would trigger a re-assessment of the Project under the Canadian
Environmental Assessment Act is proposed fox, ox made to, the Project, The Parties agee
that despite any other provision in this Agreement, the Minister's obligations under this
Agreement will be suspended until a federal environmental assessment is completed and
the updated mitigation measures being implemented as the case may be, are unlikely to
result in any significant adverse environmental effects.
10.5 Aboriginal consultation. The Recipient acknowledges that the Minister's obligation to
pay the Contribution is conditional upon Her Majesty satisfying any obligation that Her
Majesty may have to consult with or to accommodate any Aboriginal groups that may be
affected by the terms of this Agreement.
11.0 Indemnification and Limitation of Liability -
I1.1 The Recipient shall at all times indemnify and save harmless the Minister, his officials,
employees and agents, from and against all claims and demands, losses, costs, damages,
actions, suits or other proceedings (including, wiffiout limitation, those relating to injury to
persons, damage to or loss or destruction of property, economic loss or infringement of
rights) by whomsoever brought or prosecuted, or threatened to be brought or prosecuted,
in any manner based upon, caused by, or arising directly or indirectly from:
(a) the Project, its operation, conduct or any other aspect thereof;
(b) the performance or non performance of this Agreement, or the breach or failure to~
comply with any term, condition, representation or warranty of this Agreement, by
the Recipient, its officers, employees and agents, or by a third parry or its officers,
employees, or agents; or,
(c) any omission or other wilful or negligent act or delay of the Recipient or third parry
and their respective employees, officers, or agents,
except to the extent to which such claims and demands, losses, costs, damages,
actions, suits, ox other proceedings relate to the wilful or negligent act or omission of
an official, employee, or agent of the Minister in the performance of his or her
duties.
11.2 The Minister shall have no liability under this Agreement except for payments of the
Contributon in accordance with the provisions of this Agreement. Without limiting the
foregoing, the Minister shall not be liable far any direct, indirect, special or consequential
damages, or damages for loss of revenues or profits of the Recipient.
12.0 Default and Remedies
12.1 Event of Default. The Minister may declare that an event of default has occurred iE
(a) the Project is not completed to the Minister's satisfaction by March 31, 2010;
(b) the Recipient makes a materially false or misleading statement concerning support
by rite Minister in any internal and/or public communication, other than in good
faith;
(c) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the
benefit of any statute from time to time in force relating to banlaupt or insolvent
debtors;
(d) the Recipient has made an order or passed a resolution for the winding up of the -
Recipient, or the Recipient is dissolved;
(e) the Recipient has, in the opinion of the Minister, ceased to operate or has sold all or
substantially all its assets;
lo-
(f) the Project is carried out at locations other than those mentioned in the Statement of
Work;
(g) the Recipient has submitted false or misleading information, or has made a false or
misleading representation to the Minister or in this Agreement;
(h) the Recipient has not, in the opinion of the Minister, met or satisfied a term or
condition of this Agreement;
(i) the Recipient is not eligible or is otherwise not entitled to the Contribution; and/or,
(j) the Recipient has not wmplied with the audit and evacuation requirements specified
in this Agreement.
12.2 Noflce and Rectification Period. The Minister may make a declaration of defaultfiy
providing written notice to the Recipient of the conditionor event which, in the Minister's
opinion, constitutes an event of default under subsection 12.1. Except in the circumstances
described in subsections (c) and (d) of section 12.1, the Minister may, in his discretion,
advise the Recipient of the condition or event, and allow the Recipient a period of fifteen
(15) catendaz days, or such other time as the Minister may in his sole discretion decide, to
correct the condition or event complained of, or to demonstrate to the satisfaction of the
Mister that it has taken the necessary steps to correct the condition, failing which the
Minister may immediately declare that an event of default has occurred. Notification by
the Recipient of rectificafion shall be made in writing within the period of fifteen (IS)
calendar days or such other time as the Minister decided.
12.3 Remedies. If the Minister declares that an event of default has occurred, the Minister may
immediately exercise any one ox more of the following remedies:
(a) terminate any obligation by the Minister to make any payment under this
Agreement, including any obligation to pay an amount owing prior to such
termination;
(b) suspend any obligation by the Minister to make any payment under this Agreement,
including any obligation to pay an amount owing prior to such suspension;
(c) require the Recipient to repay forthwith to the Minister all or part of the
Contribution; and
(d) exercise any other remedy available to the Minister at law.
13.0 Notice
13.1 Any notce, information or document required under this Agreement shall be effectively
given if delivered or sent by letter or facsimile (postage or other charges prepaid). Any
notice that is delivered shall be deemed [o have been received on delivery; any notice sent
by facsimile shall be deemed to have been received one (1) working day after being sent,
any notice that is mailed shall be deemed to have been received eight (8) calendar days
after being mailed.
13.2 Any notice or correspondence to the Minister shall be addressed to:
Federal Economic Development Agency for Southern Ontario
I51 Yonge Street, 3~ Floor
Toronto, ON MSC 2W7
Attention: Community Adjustment Fund
or to such other address as is designated by the Minister in writing.
11-
13.3 Any notice or correspondence to the Recipient sha1L be sent to the address indicated on the
face of the present Agreement.
13.4 Each of the Parties may change the address which they have stipulated in this Agreement
by notifying in writing the other party of the new address, and such change shall be
deemed to take effect fifteen (15) calendar days after receipt of such notice.
14.0 ProiectAssets
(a) The Recipient shall retain title to, and ownership of, the capital assets, the cost of
which has been contributed to by the Minister under this Agreement (the "Project
Assets") for a minimum of six (6) years after the expiry or early termination of this
Agreement, and shall not dispose of the same for a period of six (6) years after the
expiry or eazly termination of this Agreement, without the prior written
authorization of the Minister. As a condition of such consent, the Minister may
require the Recipient to repay the Minister the whole or any part of the Contribution
paid to the Recipient hereunder;
(b) The Recipient shall acquire and maintain on the Project Assets fox a minimum of six
(6) years after the expiry or early termination of this Agreement, property damage
insurance that is consistent with the level of risk exposure associated with the
Project.
15.0 Miscellaneous
15.1 The Recipient represents and warrants that no member of the House of Commons and
Senate of Canada shall be admitted to any share or part of this Agreement or to any tienefit
arising from it, that are not otherwise available to the general public.
15.2 The Recipient confirms that no cturent or former public servant or public office holder to
whom the Pa7ues and Ethics Code for the Public Service or the Conflict of Interest Act
applies shall derive direct benefit from the Agreement, including any employment,
payments of gifts, unless the provision or receipt of such benefits is in compliance with
such codes and legislation. Where the Recipient employs or has a major shazeholder who
is either a current or former (in the tact twelve (12) months) public office holder or public
servant in the federal government, the Recipient shall demonstrate compliance with these
codes and legislation.
15.3 The Recipient represents and warrants that:
(a) any person who, fox consideration, dvectly or indirectly, communicated- with or
arranged a meeting with a public office holder, in respect of any aspect of this
Agreement, prior to the execution of the Agreement, was in compliance with all
requirements of the Lobbying Act, as amended from time to time;
(b) any person who, for consideration, directly or indirectly, during the term of this
Agreement and in respect of any aspect of this Agreement, communicates with or
arranges a meeting with a public office holder, will be in compliance with all
requirements of the Lobbying Act;
(c) at all relevant times it has been, is and will continue to remain in compliance with
the Lobbying Act;
(d) it has not, nor has any person on its behalf, paid or provided or agreed to pay ox
provide, to any person, duectly or indirectly, a commission, contingency fee or any
other consideration (whether monetary or otherwise) that is dependant upon the
execution of the Agreement or the person arranging a meeting with a public office
holder; and
(e) it will not, during the term of this Agreement, pay or provide or agree to pay or
provide to any person, directly or indirectly, a commission, contingency fee or any
-12-
other consideration (whether monetary or otherwise) that is dependant upon the
person arranging a meeting with any official of employee of Her Majesty. -
15.4 The Recipient acknowledges that the representations and warranties in this section aze
fundamental terms of this Agreement. In the event of a breach of these, the Minister may
exercise the remedies provided under subsection 12.3.
16.0 General
16.1 Any amount owed to the Minister under this Agreement shall constitute a debt due to Her
Majesty and shall be recovemble as such. The Recipient agrees to make payment of any
such debt forthwith on demand.
16.2 Debts due to Her Majesty will accrue interest in accordance with Ore Interest and
Administrative Charges Regulations, in effect on the due date, plus three percent (3%) per
annum compounded monthly on overdue balances payable, from the date on which the
payment is due, until payment in full is received by the Minister. Any such amount is a
debt due to Her Majesty and is recovemble as such.
16.3 Any debt due to Her Majesty by the Recipient may be offset against any amounts payable
by Her Majesty to the Recipient. The Minister may set off against the Contribution, any -
amounts owed by the Recipient to Her Majesty under legislation or contribution
agreements and the Recipient shall declare to the Minister all amounts outstanding in that
regard when making any claim under this Agreement.
16.4 Neither this Agreement nor any par[ thereof shall be assigned by the Recipient without Ore
prior written consent of the Minister.
16.5 Payment by the Minister of amounts due under this Agreement shall be conditional on
there being a legislated appropriation for the fiscal year of the Government in which the
payment is due. The Minister shall have the right to terminate or reduce the Contribution
in the event t(rat the amount of the appropriation is reduced or denied by Parliament. Ixa
the event that any portion of the Contribution has been paid to the Recipient and the
legislated appropriation for the fiscal year of the Government in which such payment is
made is not obtained, the Minister shall have the right to recover the amount so paid from
dre Recipient.
16.6 Phis Agreement is binding upon the Recipient, its successors and permitted assigns.
16.7 Subject to the Access to Information Act (Canada), to the Library and Archives Act of
Canada, to section 8.0 of this Agreement and to Annex 2, the Parties shall keep
confidential and shall not disclose the contents of this Agreement or the transacfions
contemplated hereby without the consent of all Parties.
16.8 Notwithstanding subsection 16.7, the Recipient waives any confidentiality rights to the
extent such rights would impede Hex Majesty from fulfilling its notification obligations to
the World Trade Organization under Article 25 of the Agreement on Subsidies and
Countervailing Measures.
16.9 This Agreement shall be subject to and constmed in accordance with the laws of Canada
and of Ontario.
16.10In the event that the Minister is prevented from disbursing the full amount of the
Contribution towazd Eligible and Supported Costs incurred prior to March 31, 2010, the
Parties agree to review the effects of such a shortfall in the Contribution on the
implementation of the Agreement and to adjust, as appropriate, the mutual obligations
specified therein.
16.11 If a dispute arises concerning the application or interpretation of this Agreement, the
Parties shall attempt to resolve the matter through good faith negotiation, and may, if
13-
necessary and the Parties consent in writing, resolve the matter through mediation or by
arhitrafion by a mutually acceptable mediator or azbitration in accordance with ilre
Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act
(Canada), and all regulations made pursuant to that Act.
16.12 No amendment to this Agreement shall be effective unless it is made in writing and signed
by the Parties hereto. -
16.13 No provision of this Agreement or action by the Parties will establish or be deemed to
establish any partnership, joint venture, principal-agent or employer-employee relationship
in any way, or for any purpose, between the Minister and the Recipient, or between the
Minister and a third party. Nothing in this Agreement shall be construed as authorizing
either Party, or any third party, to contract for, incur any obligation on behalf of, or act as
agent for a Party to this Agreement.
16.14 Any tolerance or indulgence demonstrated by one Party to the other, or any partial or
limited exercise of rights conferred on a Party, shall not constitute a waiver of rights, and
unless expressly waived in writing both Parties shall 6e entitled to exercise any right and
to seek any remedy available under this Agreement or otherwise at law. Either Party may,
by notice in writing, waive any of its rights under this Agreement.
16.15 Title tc any intellectual property created solely by the Recipient as part of or in respect of
the Project will vest with the Recipient or will be determined by applicable Canadian law,
provided that the Minister shall be given the right to the use of any of such intellecmal
property (e.g. brochures, awareness, packages, etc.) for any governmental purposes.
16.16 All reports and other information that the Minister collects, manages or has a right to
receive or produce in accordance with this Agreement, or that the Recipient collects,
creates, manages and shares with the Minister, shall be deemed to be "Canada
Information". The Minister shall have the right, subject to the provisions of the Access to
Information Act, to release to the pulilic, table before Parliament, or publish by any means,
any Canada Information, including such excerpts or summaries of the Canada Information
as he may, from time to time, decide to make.
16.17 Competitive process. The Recipient shad acquire and manage all equipment, services
and supplies required for the Project through a transparent, compefitive process that
ensures the best value for funds expended. Municipalities must follow their established
procurement protocol as directed by the Municipal Act. All other Recipients must ensure
drat for equipment, services and supplies, the estimated cost of which exceeds $25,000.00,
the Recipient shall obtain at least three written quotes, copies of which will be provided to
the Minister. A contract for these must be awarded to the lowest qualified bidder or,
where the bid price is not the sole specified selection criterion, the highest ranked bidder.
16.18 No conflict of interest. The Recipient and its consultants and any of their respective
advisors, partners, directors, officers, employees, agents and volunteers shall not engage in
any activity or provide any services where such activity or the provision of such services
creates a conflict of interest (actually or potentially in lire sole opinion of the Minister)
with the provision of services under this Agreement. For greater certainty, and without
limiting the generality of the foregoing, a conflict of interest includes a situation where
anyone associated with the Recipient is able to benefit financially from the Project or
where such a person owns or has an interest in an organization drat is carrying out work
related to the Project.
14-
16.19 Disclose potential conflict of interest. The Recipient sha1L disclose to the Minister
without delay any actual or potential situation that may be reasonably interpreted as either
a conflict of interest or a potential conflict of interest.
This offer is open for acceptance for 30 days from the date that appears on its face after
which time it will become null and void.
If further information is required, please contact Lisa Baum at (416) 954-7175.
Yours truly,
Davi lgie, Director
Community Economic Development Directorate
The Corporation of the City of Niagara Falls
Project Number: 845-505180 -
Pex:
(Signature of Recipient's Representative)
(Title)
Per:
(5i afore of Recipient's Representative)
(Title)
The foregoing is hereby accepted on this _day of
CITY OF NIAGARA FALLS
By-law No. 2009 -
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and
third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. By-lawNo. 2002-081 is amended by deleting Schedule "C" and that Schedule "C" attached
hereto shall be inserted in lieu thereof.
Passed this fourteenth day of December, 2009.
......................................................
DEAN IORFIDA, CITY CLERK
..................................................
R. T. (TED) SALCI, MAYOR
First Reading: .December 14, 2009.
Second Reading: December 14, 2009.
Third Reading: December 14, 2009.
SCHEDULE"C"
1. Parking By-law Enforcement Officers:
Beth Angle
Sam Arnold
Charles Arsenault
Sylvio Basque
James Edward Bird
Gordon Boardman
Gabe Bogucki
Jordan Brouillard
Robert Bunn
Bob Bunston
Marzenna Carrick
Julio Lavaliere
Bob Chambers
Joe Corradi
Bill Crowder
Alex DeGaust
Larry Desormeaux
Bob DiGirolamo
Larry Downing
Hanya Goforth
Kevin Howe
Les Jarvis
Erroll Kettell
Norm Leonard
David Lewis
John MacLeod
Rob McDonald
John McPherson
Kerri Michaud
Kathy Moldenhauer
Chris Nave
Reginal Osborne
AI Poisson
Stephan Portelance
Jim Reggler
Stewart Rodgers
Philip Rudachuk
Chris Russell
Chris Seabrook
David Smith
Gary Statchura
Amanda St Laurent
Matt Vandervelde
Jana Vermeulen
Brenda Wylie
CITY OF NIAGARA FALLS
By-law No. 2009-
A by-law to temporarily remove the public right ofpassage over a highway.
WHEREAS Section 35 of the Municipal Act, provides, in part, that the Council of every
municipality may pass by-laws to temporarily remove the public right of passage over a highway;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it
"expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARAFALLS ENACTS
AS FOLLOWS:
1. The public right ofpassage over the public lane connecting St. Lawrence Avenue to Buckley
Avenue, between Queen Street and Huron Street, identified by P.LN. 643290118, is hereby
temporarily removed for the period from the date ofthis by-law until Apri115, 2010 to allow
for the installation of a skating rink.
2. The area of the subject lane over which the public right ofpassage is suspended shall consist
of the area of the lane occupied by the skating rink.
3. The Corporation of the City of Niagara Falls shall enter into a licence to allow a skating rink
to be partially located on the subject lane with the person or persons who have control of the
property known municipally as 4680 Queen Street.
4. The licence agreement described in paragraph 3 shall be in a form acceptable to the Chief
Administrative Officer and the City Solicitor and shall terminate on April 15, 2010.
The Mayor and Clerk are hereby authorized to execute all documents that may be required
for the purpose of carrying out the intent ofthis by-law and the Clerk is hereby authorized
to affix the corporate seal thereto and to deliver such documents.
Passed this fourteenth day of December, 2009.
DEAN IORFIDA, CITY CLERK
........................................................
R.T. (TED) SALCI, MAYOR
First Reading: December 14, 2009.
Second Reading: December 14, 2009.
Third Reading: December 14, 2009.