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2013/09/10 4p.sier Niagara,Falls COUNCIL MEETING September 10, 2013 PRAYER: Councilor loannoni ADOPTION OF MINUTES: Council Minutes of August 13, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5:00 - 7:00 P.M. REPORTS CAO-2013-05 Municipality Contribution Agreement between the City of Niagara Falls and the Ontario Lottery and Gaming Commission (OLG) CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD-2013-03 -Tourism Partnership of Niagara (TPN) Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show F-2013-47 - Monthly Tax Receivables Report F-2013-46 - 2013 Reimbursable Mileage Two-Tier Rates MW-2013-44-2013 Sidewalk and Concrete Repair-Contract#2013-02 Tender Award - 2 - PBD-2013-58 - AM-2009-004, Zoning By-law Amendment Application North Side of Frederica Street.Applicant: 800460 Ontario Limited (Eric Henry). Removal of Holding (H) Regulations. R&C-2013-15 - Arts& Culture Wall of Fame 2013 Inductees R&C-2013-16 - Niagara Falls Canada Day Celebration TS-2013-35 - Capital Purchase - Pay & Display Parking Machines MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Ontario Multifaith Council - requesting that October 14-20, 2013 be proclaimed as "Spiritual & Religious Care Awareness Week". RECOMMENDATION: For the Approval of Council 2.a Taps Brewing Company - requesting relief to the Noise By-law to allow outdoor music until 11:00 p.m. on September 28`". 2.b Niagara Falls Night of Art - requesting relief to the Noise By-law to allow outdoor music until 10:00 p.m. on September 19`h RECOMMENDATION: For the Approval of Council 3. Regional Municipality of Niagara - requesting comments on an application by Target for a tourist exemption under the Retail Holidays Business Act. RECOMMENDATION: Council support the application. 4. Stamford Centre Volunteer Fireman's Association - requesting grants equal to road closure costs and waiver of licence requirements for vendors for their Soap Box derby and related events. RECOMMENDATION: For the Consideration of Council 5. 97.7 HTZ Falls Ice Time - requesting off-peak ice hours in exchange for radio advertising. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration - 3 - PRESENTATIONS/DEPUTATIONS 7:00 P.M. Alzheimer Society Teena Kindt, CEO of the Alzheimer Society of the Niagara Region will inform Council regarding the annual Coffee Break Event. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-134 A by-law to amend By-law No. 2010-34 to remove the holding symbol (H) on the Lands on the north side of Frederica Street, west of Glenholme Avenue, to permit the development of the Lands (AM-2009-004). 2013-135 A by-law to amend By-law No. 79-200, to permit a multiple unit residential development on the Lands, subject to the removal of a holding (H) symbol, and to repeal By-law No. 2010-34 (AM-2013-012). 2013-136 A by-law to establish Part 1 on Reference Plan 59R-14948 as a public highway, to be known as and to form part of Willoughby Drive. 2013-137 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. 2013-138 A by-law to amend by-law 2011-61 , a by-law provide for citizen appointments to certain Committees. 2013-139 A by-law to authorize the execution of an Agreement with the Federation of Canadian Municipalities (FCM) and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities'2014 Annual Conference and Trade Show, May 30 to June 2, 2014. 2013-140 A by-law to authorize the execution of an agreement between the Tourist Partnership of Niagara (TPN) and the Corporation of the City of Niagara Falls. 2013-141 A by-law to authorize the execution of a Municipal Contribution Agreement between the Ontario Lottery&Gaming Corporation"OLG"and the Corporation of the City of Niagara Falls. 2013-142 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of September, 2013. NEW BUSINESS rn m v 0 A 1 N CAO-2013-05 Niagarajlalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2013-05 Municipality Contribution Agreement between The City of Niagara Falls and The Ontario Lottery and Gaming Commission (OLG) RECOMMENDATION 1) That Council approve the Municipality Contribution Agreement between the City of Niagara Falls and the Ontario Lottery and Gaming Corporation (OLG), 2) That Council authorize the Mayor and Clerk to sign said agreement. EXECUTIVE SUMMARY In March 2013, at the request of the Premier of Ontario, OLG took a fresh look at its funding formula for host municipalities. OLG sought feedback and suggestion from existing host municipalities during the review of the formula and Municipality Contribution Agreement. The principles of fairness and equal treatment guided OLG's review of the formula and the determination of the new formula. OLG then presented the government with the results of its review. Based on the new formula and OLG's modernization, OLG would expect to provide more than $50 million more annually to host municipalities by 2017-18. On July 17, 2013, the City received a copy of the Municipality Contribution Agreement from OLG. In their correspondence to the City, OLG indicated that the document must be signed and returned to the OLG no later than September 30, 2013 and, if it is not, the previous agreement and formula would remain and the OLG will claw back any additional payments it has made to-date. The OLG has also indicated that the document is not amendable or negotiable by the municipality, due to the fact that the document is a standard agreement for all municipalities across the Province and more than 20 other communities have already signed the document. Although the OLG is willing to provide clarification to the contents of the Document, there will be no "special agreements" for Niagara Falls or any municipality. September 10, 2013 -2 - CAO-2013-05 BACKGROUND Under the new host funding formula in the Municipality Contribution Agreement (MCA), host municipalities will receive: - 5.25% on the first $65 million of Electronic Games revenue; plus - 3.0% on the next $135 million of Electronic Games revenue; plus - 2.5% on the next $300 million of Electronic Games revenue; plus - 0.5% on Electronic Games revenue above $500 million; and - 4.0% on Live Table Games revenue. Based on this new formula, the estimated hosting fee for the City of Niagara Falls will be between $18 and $20 million. The current agreement requires the payment of$3 million through 2020 and continues with similar payment beyond 2013, as long as a resort casino operates in the City of Niagara Falls. The OLG also currently pays an estimated $4.3 million to the Niagara Regional Police (NRP) toward the Casino Policing Unit. The new formula will be applied: a) to hosting fees retroactive to April 1, 2013 b) to the total Electronic Games revenue at gaming facilities within the municipality c) to the total Live Table Games revenue at gaming facilities where live table games currently exist d) utilizing the International Financial Reporting Standards (IFRS) accounting principles. Staff has had the opportunity to review the document and have raised a number of issues related to its content. These issues are outlined in a letter dated July 31, 2013 — a copy of which is attached — wherein staff submitted 25 questions to OLG for clarification and have requested that the OLG provide a written response to those questions. These responses were received from OLG on August 12, 2013, a copy of which is attached to this report. A meeting was held at the OLG offices on Wednesday, August 7, 2013, where the OLG staff did provide some clarification related to the Document. As a result of the meeting and correspondence received, there are three (3) significant terms of which Council should be particularly aware: 1) Term and Termination The OLG can provide 30 days notice, effectively, terminating the Agreement. This means that none of the funding source is guaranteed and can be withdrawn on very short notice. The current agreement provides guaranteed funding of $3 million through 2020, as long as the casino/s continue to exist in the City of Niagara Falls. September 10, 2013 -3 - CAO-2013-05 2) Successor Rights The Municipal Contribution Agreement is an agreement between the OLG and the City. OLG calculates net revenue and makes contributions based on the formula contained in the agreement. The OLG conducts and manages the casino/s. However; the day-to-day operation is already operated by a third-party service provider. 3) Community Recognition Program Although the funds can be spent at the sole discretion of Council, the OLG will have input into how the funds are allocated. OLG has indicated that Council has the sole discretion on how the funds are spent; however; the agreement contains several statements about joint initiatives and public disclosures on how the money is spent. It is evident that the money is spent on "visible" capital projects in the municipality that brings recognition to the OLG for their contributions. As indicated earlier in this report, if Council does not approve the new "Municipality Contribution Agreement" by September 30, 2013, the old agreement remains in place ($3 million per year until 2020 and thereafter, as long as the Casino remains operational in the City). OLG is creating a new Community Recognition Program (CRP) within the new MCA. The CRP is a joint initiative whereby OLG and the City will build public awareness around how MCA proceeds are put to use in the community. The CRP will provide an opportunity for the host municipality, OLG and the Government of Ontario to publicly display and communicate how hosting fees are being utilized at the local level. The revenues that are allocated through the MCA to each community will continue to be utilized at the local level and at the full discretion of the Mayor and Council. The requirements of the CRP include: 1) Collaborate in good faith to design and jointly implement the CRP to promote the positive impact of the host funding 2) An annual recognition event/communication by the municipality, at a minimum, 3) An annual letter/report from the CAO of the municipality indicating how the host funding has been allocated/distributed within the community 4) Joint OLG and municipality branding on media opportunities, public acknowledgments, etc. 5) OLG plans to use examples of local community initiatives and benefits realized from receiving OLG host funds in future communications, such as in content for advertising, examples in speeches, etc. FINANCIAL IMPLICATIONS Under the existing funding agreement, the City of Niagara Falls receives a guaranteed $3 million per year through 2020 and then every year thereafter, until such time as the casinos September 10, 2013 -4- CAO-2013-05 no longer exist in the City. The new document provides for a larger funding formula that could produce an estimated $18 to $20 million; however; there is no fixed term. The new document provided by OLG contains a termination clause of 30 days. It should be noted; however; that should Council execute the new agreement, the existing agreement will disappear, along with the guarantee of$3 million to the City and the NRP funding of $4.3 million from OLG ceasing. The expectation of OLG is that any police funding will be funded through the Municipality Contribution Agreement. Based on this, staff recommends that Council not commit to any spending of the funds under the new agreement until a full year has been completed and a complete reconciliation of the funds has occurred. This would allow Council to then allocate the funds toward capital projects based on "money in hand". A further discussion by Council of funding priorities can be undertaken, once the document has been approved and staff has a full understanding of the amount to be received. Also, based on the creation of the Community Recognition Program (CRP) in the document, it is evident that the Province expects the funds to be utilized toward tangible capital projects that are of community-wide benefit. Respectfully submitted: 144311/14 Ken Todd, Chief Administrative Officer Larry Flynn Senior Vice-President Via E-mail: ktodd"aniagarafalls.ca Gaming 4120 Vonge Street August 12, 2013 Toronto Ontario M2P 288 Ken Todd 4120.rue vonge Bureau 500 Chief Administrative Officer Toro n(Ontario) M2P 288 The City of Niagara Falls Tel.14161224-1772 4310 Queen St. Fax(4161 224-7000 Niagara Falls, ON oL, a wwvv L2E 6X5 Dear Ken: Thank you for your letter to Mr. Rod Phillips dated July 31, 2103. Please find below an item-by- item clarification to your questions of concern pursuant to the Municipality Contribution Agreement prior to execution. I understand that you. Mayor Diodati and Serge Felicetti met with Rod Phillips, Beth Webster and Jake Pastore on August 7. 2013 to further discuss these questions. Recitals: The "location" combines both casino properties when, in fact, they are two separate zones under the Modernization Plan. What is the justification for not having two separate agreements one for each zone? Ontario Lottery and Gaming Corporation ("OLG") currently intends to enter into one municipality contribution agreement ("MCA") for each host municipality, regardless of the number of gaming facilities or gaming zones that are located within such host municipality. Entering into separate agreements in respect of separate gaming facilities or gaming zones would be inefficient and would have no impact on the economic arrangements between the parties. If there are additional properties or zones added in Niagara Falls, how would these be handled through the existing agreement, or a new agreement? [here are currently no plans to add additional gaming facilities or gaming zones in Niagara Falls. OLG's policy and approach in respect of any additional gaming facility or gaming zone would be determined and communicated by OLG at the appropriate time. Why does the third recital outline examples of services? Is this meant to limit Council's discretion in the use of funds? No. they are not intended to limit Council's discretion. Funds paid by OLG to each host municipality pursuant to an MCA may be used at the discretion of the applicable Mayor Page 1 of 6 and City Council, subject to the requirements of section 5 in respect of the Community Recognition Program. OLG believes that the Mayor and City Council of each host municipality will determine appropriate municipal uses for such funds. Based on the examples of services in the third recital, are there any areas under municipal jurisdiction where the utilization of funds would be prohibited by this agreement? Please refer to the response to question 3 above. In the fourth recital, it indicates that "the parties agree as follows" yet there has been no negotiation with respect to this agreement. Is there an opportunity to amend the agreement prior to signing? OLG is pleased to have discussions with you regarding the form of the MCA. Please note. however, that OLG has or intends to enter into agreements in substantially the same form with all other host municipalities. There may be scope for minor technical amendments to reflect unique circumstances; however direction from government is for a fair and equitable formula. which means there is no allowance for"custom made" agreements. The intent is to maintain a consistent form for reasons of equity across communities. The Municipality has no obligation to sign the new MCA. Definitions: Is the definition of"Casino Games" meant to include sport wagering and, if not,what is the rationale for excluding it? In your question we assume you are referring to single event sports wagering. The definition of Casino Games does not include single event sports wagering because there is no criminal code amendments or other legislation allowing such wagering in Canada. The definitions "Electronic Games Revenue" and "Live Table Games Revenue" are based on the sum of the net revenue. What is the definition of"net revenue" for the purposes of this agreement and how is it calculated? Definition: Net revenue in a particular period for the purposes of the MCA is gaming revenue generated from Electronic Games and Live Table Games at a Location, net of: 1) prizes paid in the same period. and 2) the change in accrued jackpot liabilities and liabilities under customer loyalty incentive programs in the same period. Calculation: Please refer to Exhibit A of the MCA that was sent to you on July 19. 2013 as an example of the calculation. Page 2 of 6 The definition of"location" is not defined. If additional locations or zones are added will there be separate agreements for these? The term "Location" is defined in the second recital. There are currently no plans to add additional gaming facilities or gaming zones in Niagara Falls. OLG's policy and approach in respect of any additional gaming facility or gaming zone would be determined and communicated by OLG at the appropriate time. Term and Termination: Article 2(a) indicates that the agreement will terminate when all Casino Games are no longer conducted and managed by OLG in the Municipality. How is this clause affected by privatization of Resort Casinos and are there successor rights to this agreement? Pursuant to the Criminal Code (Canada) and certain provincial legislation (and subject to certain exceptions for charitable gaming sites), OLG is currently the only entity with the statutory authority to conduct and manage lottery schemes (as defined in the Criminal Code), including the Casino Games, on behalf of and as agent for the Province of Ontario. Under this current regime. even where OLG has or will engage a third party service provider to operate the day-to-day operations of a gaming facility, OLG will continue to conduct and manage the Casino Games in such gaming facility. Without limiting the other termination provisions of the MCA. the MCA will terminate when all Casino Games are no longer conducted and managed by OLG in the Municipality. Are the words "conducted and managed" meant to include "regulation" by OLG? The phrase "conduct and manage" is based on provisions of the Criminal Code (Canada) that, together with certain provincial legislation, provide OLG with the statutory authority to conduct and manage lottery schemes (including the Casino Games) on behalf of and as agent for the Province of Ontario. OLG is not a regulator. Regulatory activities in Ontario for casino gaming are the sole responsibility of the Alcohol and Gaming Commission of Ontario. Is the agreement terminated if the OLG ceases to exist and a different provincial regulatory body is put in its place? [he answer to this hypothetical question depends on variables that are not known at this time and over which OLG does not have control. Without limiting the other termination provisions of the MCA, the MCA will terminate when all Casino Games are no longer conducted and managed by OLG in the Municipality. The MCA contains a customary provision that contemplates the enurement of the MCA to a successor or permitted assign of each party. Whether or not an entity is, in fact. a successor or permitted assign of a party is a factual and legal question that depends on the specific circumstances. OLG is not a regulator. Does Article 2(c) mean that the agreement can be terminated without recourse on 30 days' notice? Yes. Phis clause is included in all of the Municipality Contribution Agreements. We would note however that Article 2 (c) also sets out the payment obligation of OLG in the event of such termination. Page 3 of 6 Under Article 2(c) what conditions or circumstances would have to exist for OLG to evoke such a notice? Other than the notice requirement specified in section 2(c) of the MCA. there are no conditions or circumstances applicable to OLG's right to terminate the MCA pursuant to section 2(c). This is a unilateral right of OLG that may be exercised in OLG's sole and absolute discretion. Payment: Why is there not a separate calculation for each zone? The revenue figures for the City of Niagara Falls, although reported in a consolidated format are indeed calculated on the revenue separately for each casino, to the benefit of the city. Why is there no minimum guaranteed contribution based on the current obligation under the existing agreement? No minimum guaranteed payment will be provided under the new MCA. Subject to the terms thereof the MCA contemplates payments by OLG to the Municipality based on the applicable net gaming revenue realized from the applicable gaming sites. Refer to the attached commission statement. Please define what is meant in Article 3(b) by the words "additional taxes?" The phrase "additional taxes, charges. conditions or requirements..." is meant to be interpreted broadly and will include any and all additional taxes, charges, conditions and requirements of whatever kind or nature whatsoever that are imposed by the Municipality on OLG in respect of the continued operation of the Casino Games at the Location in the Municipality. Article 8 (Normal Development Cost) identifies the imposition of taxes, fees and charges, as acceptable costs to be applied to the Casino. How does this language reconcile with the "claw back" in Article 3(b), as there appears to be a contradiction between the two Articles (8 and 3(b)). There is no contradiction between section 3(b) and section 8 of the MCA. Section 8 of the MCA acknowledges that the MCA does not operate to fetter any legislative or quasi- judicial jurisdiction of the Municipality, including in respect of the imposition of the costs contemplated by section 8. Section 3(b) entitles OLG to amend the calculation of the contribution payments contemplated by the MCA in a way that may reduce the Municipality's entitlement if any additional taxes, charges. conditions or requirements of whatever kind or nature whatsoever are imposed by the Municipality on OLG. Under the Modernization Plan, if the two Casinos (Casino Niagara and Fallsview) come under separate management or ownership, will there be separate calculations? Please refer to the response in question 14 above. Page 4 of 6 Community Recognition Program (CRP): Can the funds provided through this agreement be spent at the sole discretion of Council and, if so,what is the purpose of Article 5. Please refer to the response to question 3 above. If Council does not have the discretion, what is the approval process for the spending of the funds? Please refer to the response to question 3 above. Is there to be a separate agreement or terms of reference on how the Community Recognition Program (CRP)will function? During the term of the MCA we would like to collaborate with you in good faith to design and jointly implement the Community Recognition Program. Section 5 of the MCA sets out the basic framework of such program, with the specifics to be designed and jointly implemented between us. Normal Cost of Development: Property taxes, fees, and charges which are imposed, in accordance with applicable law, are considered normal development costs. How does this reconcile with Article 3 (b) which states that any additional taxes,charges, conditions imposed are subject to a reduction (claw back) of the Municipality's entitlement? Please see the response to question 17 above. Assignment: The agreement is not assignable by the Municipality. Is the agreement assignable by OLG? Yes. Benefit of the Agreement: Does the term "respective successors and permitted assigns" ensure that, if the Casinos are sold to private interests, the financial payment to the Municipality continues to be paid by private interests? The MCA is an agreement between OLG and the Municipality and the formula for calculating the contribution payments is based on the applicable net gaming revenue generated from the Locations. The day-to-day operations of the gaming facilities in the Municipality are already operated by a third party service provider to OLG. Please explain how Article 2(a) reconciles with Article 21? In other words, we would like confirmation that "on the date which all Casino Games are no longer conducted or managed by OLG and sold or contracted to the private sector that this agreement continues with the private operator? Section 2(a) and section 21 are unrelated. Pursuant to the Criminal Code (Canada) and certain provincial legislation (and subject to certain exceptions for charitable gaming sites). OLG is currently the only entity with the statutory authority to conduct and manage lottery schemes (as defined in the Criminal Code), including the Casino Games. Page 5 of 6 on behalf of and as agent for the Province of Ontario. Under this current regime. even where OLG has or will engage a third party service provider to operate the day-to-day operations of a gaming facility, OLG will continue to conduct and manage the Casino Games in such gaming facility. Without limiting the other termination provisions of the MCA, the MCA will terminate when all Casino Games are no longer conducted and managed by OLG in the Municipality. I hope these responses are helpful. We look forward to receiving the City of Niagara Falls signed MCA by September 30. 2013. If by chance the City has not accepted and approved the new MCA by that date please be advised that OLG will revert back to the agreement dated September I I. 2000 and make appropriate adjustments beginning with the next payment which is due to be paid on October 21, 2013. As always, we appreciate the opportunity to continue to discuss these and other items that affect your municipality and continue to build on the excellent relationship we have built over the years. Should you have any further questions, please do not hesitate to contact Mr. Jake Pastore. Director of Municipal and Community Relations at 416-224-7047. Sincerely, Larry Flynn Senior VP. Gaming cc. Rod Phillips. President& CEO Jake Pastore. Director Municipal and Community Relations Page 6 of 6 BDD-2013-03 Niagaraaalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD-2013-03 Tourism Partnership of Niagara (TPN) Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show RECOMMENDATION: Council authorize the Mayor and Clerk to sign the TPN-RTO Agreement. EXECUTIVE SUMMARY: Staff made a submission for funding to the TPN-RTO 2013 grant program for the ET Canada New Year's Eve Niagara Falls Show which is televised nationally on Global. Staff was successful in securing $50,000 for the event which will be used to secure talent for the 2013 broadcast. BACKGROUND: Staff submitted an application to RTO for this year's New Year's Eve Show and were successful in securing $50,000. The funds will be used to secure talent for this year's show. The event will be televised on Global Television this year under the "Entertainment Tonight" banner. These funds will augment the financial support provided by the City through the OPG funds, as well as, ET Canada, the Niagara Parks Commission, Fallsview Casino Resort, Clifton Hill BIA, Fallsview BIA, Victoria Centre BIA, and Lundy's Lane BIA. ANALYSIS/RATIONALE: The cost to produce the Niagara Falls New Year's Eve Show increases annually and these additional funds will assist in covering the increased expenses. CITY'S STRATEGIC COMMITMENT: Strengthen and promote economic viability within the City of Niagara Falls. September 10, 2013 -2 - BDD-2013-03 Recommended by: `l Serge Felicetti, Director of Business Development Respectfully submitted: LljAAI- Ke Todd, Chief Administrative Officer F-2013-47 Niagararalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2013-47 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of July 31, 2013 were $18.8 million compared to $18.5 million in 2012. During July, tax receivables as a percentage of taxes billed increased slightly from 32.6% in 2012 to 32.9% in 2013. The City's finance staff has had continued success in resolving properties that are subject to registration for 2013. At this stage, 87.6% of properties have developed payment arrangements or have paid in full. There are currently thirty-one properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2013 lags slightly behind the collection history for 2012. Table 1 shows that taxes outstanding at July 31 , 2013 are $18.8 million. This represents an increase from $18.5 million in arrears for the same period in 2012. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has increased from a year ago, whereas the residential property class has decreased slightly. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2013, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after seven months of activity. This table shows 87.6% of the tax accounts or 341 properties have been paid in full or the owners have made suitable payment arrangements. During July, twelve accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 86.9% (June) to 87.6% (July). September 10, 2013 -2 - F-2013-47 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of July, one registered property was redeemed. The outstanding taxes for registered properties represents 3.5%of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at July 31 , 2013 is 32.9% which is an increase from 2012's value of 32.6%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at July 31, 2013 Table 2 Taxes Receivable by Property Class at July 31 , 2013 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: .il/ /IS, Todd Harri-on, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at July 31,2013 2013 2012 Outstanding Taxes @ June 30, 2013 $ 22,922,756 $ 22,810,235 Penalty charged in July $ 202,993 $ 200,767 Taxes Collected during July $ 4,276,571 $ 4,494,060 Outstanding Taxes @ July 31, 2013 $ 18,849,178 $ 18,516,942 Taxes Billed and Due September 30, 2013 $ 22,841,570 $ 22,213,038 Total Taxes to be Collected $ 41,690,748 $ 40,729,980 TABLE 2 Taxes Receivable by Property Class as at July 31,2013 2013 %of Class 2012 %of Class Taxes Owing Taxes Owing Residential $ 32,426,879 77.78% $ 31,830,779 78.15% Multi-Residential $ 111,246 0.27% $ 188,459 0.46% Commercial $ 8,517,672 20.43% $ 8,025,967 19.71% Industrial $ 560,683 1.34% $ 616,319 1.51% Farmlands $ 74,268 0.18% $ 68,456 0.17% Total Receivables $ 41,690,748 100.00% $ 40,729,980 100.00% TABLE 3 Properties Properties Subject to Subject to Registration Registration as at June 30, 2013 as at July 31, 2013 Initial Amount 389 389 Paid in Full 94 106 27.2% Payment Arrangements 244 235 60.4% Ongoing Collection 50 47 12.1% Action Registered 1 1 0.3% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Oustanding Date Properties Amount November 2013 4 $ 795,401 May 2014 10 $ 618,566 November 2014 17 $ 60,902 Totals 31 $ 1,474,869 F-2013-46 Niagara/1al1s September 10, 2013 REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F-2013-46 2013 Reimbursable Mileage Two-Tier Rates RECOMMENDATION That effective immediately, the reimbursable mileage rate be increased to $0.54 per kilometre (from $0.52) for the first 5,000 kilometres driven and $0.48 (from $0.46) per kilometre for all kilometres above 5,000 kilometres. EXECUTIVE SUMMARY The City's mileage rates for reimbursing employees using their own vehicles while conducting City business were revised in 2011 when Council adopted F-2011-19, 2011 Reimbursable Mileage Two-Tier Rates. At that time, staff reviewed the rates approved by the CRA as well as those provided by local municipalities. In the majority of cases, municipalities are using the CRA rates. Further, staff believes that the CRA rates provide an objective guideline for rate setting and continue to recommend that the CRA rates by used. As a result, reimbursable rates will be altered based on CRA announcements. As a result of this review, the rates will be increased to $0.54 per kilometre (from $0.52) for the first 5,000 kilometres driven and increased to $0.48 per kilometre (from $0.46) for all kilometres above 5,000. BACKGROUND In some curcumstances, City employees are required to utilize person vehicles for City business. This practice is consistent with many organizations. To compensate staff for their operating costs incurred, the City has an established rate per kilometre that is reimbursed to staff. The current reimbursable rates effective in 2011 are $0.52 for the first 5,000 kilometres and $0.46 for all kilometres above 5,000. ANALYSIS/RATIONALE Utilizing the CRA's rate structure provides the municipality with a fair and objective guide. Staff believe that a third party guideline is the most effective mechanism to adjust rates in the future. September 10, 2013 -2 - F-2013-46 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff recommend to continue to use the CRA guidelines, which is consistent with other municipalities reimbursement rates. The cost impact on expenditures will be minimal and has been considered in the development of the 2013 Operating and Utility Budget. Recommended by: /dd.. Todd HaDirectIr of Finance Respectfully submitted: Ken To d, Chief Administrative Officer T-Clark MW-2013-44 Niagaraaalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-44 2013 Sidewalk and Concrete Repair - Contract#2013-02 Tender Award RECOMMENDATION 1. That the City of Niagara Falls award the contract for the Sidewalk and Concrete Repair program to Sacco Construction LTD at a tender price of$267,127.50; and, 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The City has a significant inventory of sidewalks throughout the municipality. The City has responsibility to repair or replace damaged surfaces, as well as provide new sidewalks. The Sidewalk Repair program is completed each year with the goal of improving the sidewalk network within the City of Niagara Falls. Sidewalk repairs are typically funded from the Operating Budget. The lowest tender was received from Sacco Construction LTD in the amount of $267,127.50. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking these projects. BACKGROUND Sidewalk Replacement Program: Municipal Works staff inspect the City's sidewalks in order to identify hazards, these are then put on work lists to make them safe. These hazards include cracked, missing panels and panels that might have settled or heaved creating a trip and fall risk. Before these sections are permanently repaired, staff use temporary measures such as grinding, patching and ramping to make these areas safe. There comes a point where these temporary measures are no longer viable and the panels must be replaced. As streets are completed, new ones are added to the list. Where possible, permanent repairs are coordinated with other Capital Works required in that area. The goal of this program is to reach a point where hazards identified each year are repaired the following year under the Sidewalk and Concrete Repair contract. This will September 10, 2013 -2 - MW-2013-44 reduce the time and cost associated with performing temporary measures year after year, until a permanent fix is completed. The proposed work for 2013 consists of some of the streets that were not completed under the 2012 program as well as streets that have been identified by our Inspector as needing repairs which are beyond the capabilities of our staff. Street From To Side 1. Biamonte Crescent Biamonte Parkway Limit Both 2. Biamonte Parkway Biamonte Parkway Biamonte Crescent Both 3. Biamonte Parkway Biamonte Parkway Valley Way Both 4. Clark Avenue Ferry Street Robinson Street Both 5. Armoury Street Victoria Avenue Approx. 100m West South Side 6. Main Street Ferry Street Spring Street East Side Staff will coordinate the installation of these sidewalk replacements until the value of the contract reaches the allocated funding of $375,000.00. The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida and the Construction Services Supervisor, Eric Lallouet, opened tenders on Tuesday, September 3, 2013 at 1:30 p.m. for the above noted contract. The contract tender documents were picked up by six (6) contractors and four (4) bids were received. Listed below is a summary of the totalled tender prices, excluding HST, received from the Contractors: FIRM TENDER PRICE CORRECTED BID 1 . Sacco Construction LTD. $267,127.50 - 2. Alfidome Construction $318,214.00 - 3. Steed & Evans $382,935.00 - 4. Curbline Inc. Informal Tender - The submission received from Curbline Inc was deemed to be an informal tender. Curbline failed to provide a unit price for item B2(a) iv. Under the Niagara Peninsula Standard Contract Documents (NPSCD) Section 4.0 Instructions for Bidders subsection 6.0, the following constitute an informal tender: A tender shall be rejected as informal for any of the following reasons: a) Late bid b) Incorrect tender form or envelope c) Bids completed in pencil d) Incomplete bids, including failure to include addendum e) Bids with qualifications f ) Bids not signed and/or sealed g) Erasures, overwriting or strikeouts not initialled September 10, 2013 -3 - MW-2013-44 Tender award will be made on the basis of the specified items. Item g) above applies to the tender received from Curbline Inc, thus rendering the submission informal. ANALYSIS/RATIONALE The sidewalk and concrete repair program targets streets where existing sidewalks are considered to be unsafe for public use and a potential liability for the City. Over and above the streets included in this contract, there are several other streets and areas throughout City that currently meet the criteria for spot repairs or even 100% replacement of their existing sidewalks. However, in consideration of the allocated budget and time of year, it would not be feasible to perform any work in addition to the scope of work currently defined under this contract. In consideration of the amount of sidewalk repairs required throughout the City, the budget requested for the sidewalk and concrete repair program for 2013 was $500,000.00, however, the actual amount approved was $375,000.00. The scope of work for the 2013 contract has therefore been defined in accordance with the smaller budgeted amount. If however, a larger budget could be made available for the sidewalk and concrete repair program early next year, a significantly larger contract for the replacement of sidewalks could be prepared for the Spring of 2014. With plenty of favourable weather on the horizon, a Spring 2014 contract, if properly funded, could yield a much larger replacement program than a typical contract utilizing a Summer/Fall construction timeline. A larger contract awarded earlier in the construction season would be advantageous to the City by addressing a significant amount of hazardous sidewalks and reducing potential liabilities before the time of year with the highest levels of pedestrian traffic. FINANCIAL IMPLICATIONS A total amount of $375,000.00 has been allocated for the 2013 Sidewalk and Concrete Repair contract under the operating budget. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. Recommended by: I Geoff Holmen, Di ctor of Municipal Works Respectfully submitted: Ken T d, Chief Administrative Officer PBD-2013-58 Niagara/if lls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-58 AM-2009-004, Zoning By-law Amendment Application North Side of Frederica Street Applicant: 800460 Ontario Limited (Eric Henry) Removal of Holding (Ii) Regulations RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation from the subject lands currently zoned R4(H)-894. EXECUTIVE SUMMARY • In 2010, Council passed a zoning by-law that allows the lands on the north side of Frederica Street (see Schedule 1) to be developed for residential purposes. The lands formerly served as a parking area for the Stamford/Jack Bell Arenas. • Council included a holding (H) regulation in the by-law to ensure that a noise study would be completed to address potential noise impacts from Highway 420 before the lands were developed. • The applicant has obtained Committee of Adjustment approval (B-2013-005-008) to sever the lands into 5 parcels for semi-detached dwellings. One of the conditions of approval is that the applicant enter into a development agreement to secure any recommendations of the required noise study. • The holding (H) regulation can be lifted from the by-law because the applicant has satisfactorily completed a noise study which concludes that semi-detached dwellings can be built on the lands subject to a number of noise mitigation measures. The mitigation measures will be secured in a development agreement. BACKGROUND Proposal The subject lands were formerly a parking area for the Stamford/Jack Bell Arenas. In 2010, Council passed Zoning By-law No. 2010-34 to zone the lands Residential Low Density, Grouped Multiple Dwellings (R4(H)-894). A holding (H) regulation, requiring the completion of a noise study to the satisfaction of the Regional Municipality of Niagara, was included in the by-law because the lands abut Highway 420 and there is the possibility of noise impacts on future residents. The applicant (800460 Ontario Limited) purchased the lands from the City earlier this year. September 10, 2013 - 2 - PBD-2013-58 The lands were recently approved to be severed into 5 parcels for 5 semi-detached dwellings (10 units in total) subject to a number of conditions including the applicant entering into a development agreement to address the requirements of a noise study. The developer has completed the required noise study which concludes that semi- detached dwellings can be developed on the lands subject to a number of mitigation measures and the inclusion of warning clauses on title. As such the holding (H) regulation is requested to be lifted to permit development to proceed. Circulation Comments The Planning Act requires notice of the lifting of a holding regulation to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the lifting of the holding regulation was circulated to the applicant and the Regional Municipality of Niagara. The following comments were received: Regional Municipality of Niagara has no objections to the lifting of the holding regulation, provided the mitigation measures recommended in the Environmental Noise Assessment submitted by the applicant are incorporated into the appropriate development agreement for the lands. ANALYSIS In June, the Committee of Adjustment approved four consent applications (B-2013-005- 008) to sever the land into 5 parcels for semi-detached dwellings (10 units in total). The applicant is required to enter into a development agreement with the City to secure, among other things, any mitigation measures identified in a noise study. The completion of a noise study would satisfy the requirements of the holding (H) regulation on the lands and allow it be lifted from the Zoning By-law. The applicant has submitted an Environmental Noise Assessment completed by Valcoustics Canada Limited. The study indicates that the lands can be developed for semi-detached dwellings subject to the following measures to meet the minimum noise mitigation standards of the Ontario Ministry of the Environment: • Mandatory air conditioning for all the units. • Exterior wall and window construction to meet the minimum non-acoustical requirements of the Ontario Building Code. • The rear yard grade of the two easternmost units is to be lowered by 0.3 metres (1 foot) to a grade not exceeding 193.49 metres (635 feet) above sea level. • Warning clauses, advising future owners/residents of potential noise impacts from Highway 420, should be registered on title or included in Offers of Purchase and Sale or leases. As the requirements of the holding regulations have been met, they can be lifted from the lands. The requirements of the noise study will be secured in a development agreement which is a condition of the severance of the lands. September 10, 2013 - 3 - PBD-2013-58 CITY'S STRATEGIC COMMITMENT Removal of the holding regulation will allow the development, as approved by Council and permitted by the Official Plan, to proceed. LIST OF ATTACHMENTS Schedule 1 - Location Map Recommended by: /ILL Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: j1'2n4iikl K en odd, Chief Administrative Officer A Bryce Attach. S:\FOR\2013\PBD-2013-58, Removal of a Holding Symbol. Frederica Street.wpd September 10, 2013 -4 - PBD-2013-58 SCHEDULE I LOCATION MAP Subject Land i) . j 1136 �t ' r, 2 D FRE:ERICA --1 3 < .._ August 2013 Amending the Zoning BV-iaw No 79-200 Location: North Side of Frederica St West of Glenhoime Ave Applicant: 800460 Ontario Ltd. AM-2009-004 R&C-2013-15 Niagaraflalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-15 Arts & Culture Wall of Fame 2013 Inductees RECOMMENDATION That Council approve the following 2013 Arts & Culture Wall of Fame Inductees: • Keith Campbell • James Kerr • Kevin Lafferty • George Seibel • Derek Tidd • Tony Urquhart • Niagara Concerts EXECUTIVE SUMMARY The Arts & Culture Committee hosts the Niagara Falls Arts & Culture Wall of Fame Induction Ceremony, annually each Fall. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year's Induction Ceremony is scheduled for Saturday, October 26, 2013. BACKGROUND On August 1, 2013, the Arts & Culture Awards Sub Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2013 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1 . To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) Outstanding achievement in their artistic or cultural field. b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. September 10, 2013 -2 - R&C-2013-15 c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. ANALYSIS/RATIONALE The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $1800.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees, and food and refreshments. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture's contribution to our daily lives and will hopefully inspire future artists, community builders, and communities sponsor. LIST OF ATTACHMENTS 1 . Background Information on 2013 Arts & Culture Wall of Fame Inductees �`t '�` f%%'/ Recommended by: � '� t 11 Kathy Moldenhauer, Director of Recreation & Culture Approved by: ‘ti1/4)(filij Ken Todd, Chief Administrative Officer Attachment 1: R&C-2013-15 2013 Arts & Culture Wall of Fame Inductees Background Information Keith Campbell • lived in Niagara Falls for 22 years • ceramic artist • works exhibited nationally and internationally • long time professor and artist in residence at Canadore College • his artwork is included in the Royal Ontario Museum, National Museum of Civilization, and the Archives of Ontario among many others • multi award winner (over 50 honours and awards) James Kerr • lived in Niagara Falls for over 30 years • artist working in water colour, pencil, pen and ink • teaches many adult classes in Niagara Falls and throughout the Region • active community volunteer in Niagara Falls and throughout the Niagara Region • Past President of the Parkway Artists Guild Kevin Lafferty • lived in Niagara Falls for 15 years • 25 years of film and television production experience • has worked on feature films and television series on a variety of networks • worked on many well known Disney productions such as Camp Rock and Wizards of Waverly Place. • Emmy Award and Director Guild of Canada Award winner George Seibel • lived in Niagara Falls for 66 years • active community volunteer dedicated to recording and saving stories of Niagara's Heritage • driving force behind the Kiwanis Tour Map, since 1961 in excess of 3 million copies of the map were sold • responsible for the production of the book Niagara Falls, Canada published by the Kiwanis Club • became the City of Niagara Falls Official Historian and for the Niagara Parks Commission. • authored The Niagara Falls Portage Road— 200 years 1790-1990 and Bridges Over the Niagara Gorge Derek Tidd • lived in Niagara Falls for 23 years • first officially appointed Town Crier for Niagara Falls • has competed in World Town Crier competitions in Canada, USA, UK, and Europe. • Active in theatre for most of his adult life • Winner of the Diploma of Honor for Best Actor at the 2012 Annual Fajr International Film Festival in Tehran for his role in Black Noise • Active in the community on several heritage related committees and particularly with the Royal Canadian Naval Association Tony Urquhart • Lived in Niagara Falls for 20 years • One of Canada's Pioneers in abstract art • Work in New York's Museum of Modern Art, Victoria and Albert Museum in London, England, the Hirshhorn Collection of the Smithsonian Institution in Washington, DC, the National Gallery of Canada in Ottawa, and more • One of the founders of the Canadian Artists Representation (CAR/FAC) • Order of Canada in 1995 and Governor Generals Award in Visual Arts in 2009 Niagara Concerts • Providing high quality professional concerts for 40 years with roots going back to 1947 when a few Niagara residents formed a group dedicated to bringing professional concerts to Niagara Falls • Non-profit charitable organization dedicated to bringing the arts to the community at affordable prices • Run by a dedicated volunteer board and volunteer team • Seasons sell out annually • Give back to the community in many ways including a scholarship program. R&C-2013-16 Niagaraaalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-16 Niagara Falls Canada Day Celebration RECOMMENDATION That Council approve Downtown Niagara Falls as the location forthe Niagara Falls Canada Day Celebration. EXECUTIVE SUMMARY The mandate of the Niagara Falls Canada Day Planning Team is to facilitate a community wide event that promotes maximum community involvement, instills civic and national pride on Canada Day for the citizens and visitors of Niagara Falls. The Niagara Falls Canada Day Planning Team reviewed the recent Canada Day Celebration and recommend that the Canada Day Celebration be held in Downtown Niagara Falls. BACKGROUND The City of Niagara Falls, Recreation & Culture Department is committed to provide optimum leisure services which enhance the quality of life, health and well-being of our people, our communities, our environment and our economy. Recreation & Culture staff work with the Canada Day Planning Team to create the Niagara Falls Canada Day Celebration. The City's Canada Day Celebration is an opportunity to celebrate life in Niagara Falls and provide an inclusive, fun and free event for the residents and visitors of our City, in order to celebrate civic and national pride on Canada Day. In 1982, the City's Civic Committee provided an official activity program for the community. The activity program promoted events running throughout the City from June through early July. In 1983, the Liberal Association together with the City of Niagara Falls, held the first Canada Day celebration at Optimist Youth Park. This tradition continued for 30 years. Due to the sale of the Optimist Youth Park property, a new location was sought for the 2013 Canada Day Celebration. The Downtown location was selected after surveys were conducted, a Canada Day Forum was held, and staff input received. September 10, 2013 -2 - R&C-2013-16 ANALYSIS/RATIONALE The 2013 Niagara Falls Canada Day Celebration was held in Downtown Niagara Falls with more than 20,000 people in attendance. The following activities took place: • 5km Run/Walk for St. John Ambulance • Canada Day Parade • Classic Car Show • Culinary Demonstrations • Opening Ceremonies with the Canadian National Anthem in English and French • Good Canadian Citizen Awards Presentation on the Main Stage • Free entertainment with World Renowned Magician Greg Frewin • Free entertainment and activities along Queen Street • Free entertainment and displays at the Rosberg Family Park • Free Children's Inflatables at the former Rosberg property • Inter-active Community Displays along Queen Street Overall, the Canada Day Planning Team felt the 2013 Canada Day Celebration was a success. A short survey was conducted on Canada Day. 72% of the respondents were from Niagara Falls. 28% were visitors from the following locations: St. Catharines, Thorold, Welland, Cambridge, London, Toronto, Montreal, Houston and New York. The most popular activities included: the Canada Day Parade with Marching Bands and live music on Queen Street. The majority (95%) of respondents stated they would come to the Niagara Falls Canada Day Celebration again. A post event meeting was held with representatives from the Niagara Regional Police Service, St. John Ambulance, Niagara Peninsula Amateur Radio Club, Downtown B.I.A., Canada Day Planning Team, and City staff members from the following departments: Fire, Niagara Transit, Parks, Parking and Traffic and Recreation & Culture. It was recommended that future Niagara Falls Canada Day Celebrations be held in Downtown Niagara Falls. The Canada Day Planning Team is in support of the Downtown area for the Niagara Falls Canada Day Celebration location. The Canada Day Planning Team and Staff recommend that the Parade route be extended one block in order to end the Parade at Queen Street and St. Clair Avenue. This corner is larger than the corner at Queen Street and Crysler Avenue and will allow more room for large floats and transport trucks to safely make a turn off Queen Street, keeping spectators and participants a safer distance from the Parade. September 10, 2013 -3 - R&C-2013-16 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff will work with the 2014 budget to create the Niagara Falls Canada Day Parade and Celebration. The total cost to the City is $16,000, as more than $10,000 is fundraised toward the event. The cost will be included in the Recreation & Culture 2014 budget. CITY'S STRATEGIC COMMITMENT As per the City's strategic commitment, the City is committed to enhancing the quality of life of, and service to, its customers. Staff will continue to plan and host a free, fun, safe and inclusive Canada Day Celebration for our residents and visitors, in order to celebrate our civic and national pride. Additionally, Staff will continue to evaluate and implement cost effective strategies for this event. Recommended by: /`Z• l`rlA,( 7(/ ( Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: PA4.4i Ken Todd, Chief Administrative Officer S:\Council\Council 2013\R&C-2013-16-Niagara Falls Canada Day Celebration.wpd TS-2013-35 Niagaraflalls September 10, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-35 Capital Purchase - Pay & Display Parking Machines RECOMMENDATION 1. Council approve the purchase of twenty-six (26) new Citea model Hectronic parking machines from Hectronics, USA in order to meet the new wireless credit card processing protocols established by the banking industry. 2. That the Mayor and Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY In the Fall of 2012, the banking industry introduced new security protocols (PCI-DSS compliance) for the wireless transmission of credit card information. As a result of these changes, our credit clearing house has indicated that they can no longer support credit card transactions at Pay and Display parking machines that do not meet the new security requirements. However, our Credit Card clearing house has indicated that they will continue to permit access their service with the outdated machines for a limited time (October 2013), to allow the City to explore available options. To achieve acceptable security protocols the existing machines would require replacement of inner components, leaving the outer shell of the machine as is. Currently, we have 72 PA2 Hectronic Pay & Displays machines, which are approximately eight years old. Conversion of all the machines would cost approximately $288,000 and may extend the useful life by approximately five years. Staff have determined that based on current credit card usage, approximately 26 machines would require conversion to the new security protocols, while the remaining 46 machines can be downgraded to coin only and used in lower volume and lower parking rate areas. Staff have explored three options to update the Credit Card Protocols; replace internal components on eight year old machines; accept one time offer from Hectronics USA to trade in 26 existing P & D machines for the newest model available or proceed with an RFP for replacement machines at current market value. Staff is recommending the purchase of 26 new Hectronic Citea Pay and Display machines directly from Hectronic, USA, with consideration for a trade-in value for 26 existing PA2 Hectronic Pay & Displays machines, as the best alterative. September 10, 2013 - 2 - TS-2013-35 BACKGROUND In late 2012, Six Card Solutions, the data processing centre for credit card transactions from Hectronic Pay & Display machines, notified the City of Niagara Falls that the credit card security increased encryption standards for credit card processing. As a long-standing client of Six Card Solutions they have agreed to keep the processing active for a limited time (October 2013) to allow staff the opportunity to assess resolution options. Staff have determined, that based on current credit card usage, approximately 26 machines would require conversion to the new security protocols, while the remaining 46 machines be downgraded to coin only. The credit card payment option would be disabled on parking machines in areas experiencing little to no use of credit cards such as Queen Street and Main Street, until parking rates increase. The current Hectronic machines have reached their capacity for increasing the security encryption and can no longer be updated without a change of hardware parts in the machines. Staff have reviewed three options to address the new wireless credit card security protocols for Pay and Display machines. Electromega Inc, our Hectronic parking machine provider and Hectronic, USA, have offered two options to address the credit card issue of security compliance: 1) Replace the internal components of existing P&D machines at a cost of$3,995 each. 2) Trade in 26 older model PA2s for the new Citea model at a cost of $6,700 per machine, a saving of approximately $4,300 per machine. The new machines have an expected life span of twelve years, have better security features and are more user friendly. The third option would be to issue a Request for Proposal for new Pay & Display machines from all parking machine providers. Based on our experience and discussions with other municipalities the cost for new machines without trade-in would be approximately $10,000. If this option was chosen, then only 16 of the 26 machines required, would be replaced, thereby, not meeting our current credit card machine needs. ANALYSIS/RATIONALE Trade in of 26 Hectronic PA2s for the new Citea machines (at a reduced cost) provides the City with machines that will withstand long term use and seasonal wear and tear for more than twelve years as opposed to upgrading the internal workings of the machines in their existing housing and would allow the city to maintain credit card service in high volume credit card usage areas. New machines would also provide increase customer service options such as Pay by Plate, pay by phone services as well as increased data and financial tracking opportunities. September 10, 2013 - 3 - TS-2013-35 FINANCIAL IMPLICATIONS An expenditure of$175,000 was approved by Council in the 2013 Capital Budget for Pay & Display machine upgrades and replacements. Since many of the locations in question are for the high volume credit card usage in the tourist areas, If credit card PCI compliance not addressed, there are risks regarding the loss of revenue due to limited options for public service. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, continue the parking operations user-pay philosophy through the development and implementation of a 10-Year Parking Capital Infrastructure Program and Rate Stabilization Plan. Recommended by: /r Karl Dren, Director of Transportation Services Respectfully submitted: Ken odd, Chief Administrative Officer Paul Brown S\General Administration\GA 1.01 Reports\2013 Council\9 Sep 10\TS-2013-35 Capital Purchase-Pay&Display Parking Machines.wpd f) 0 3 3 c z a D 0 z Ontario Multifaith Council n August 28, 2013 a© u Mayor Jim Diodati ii 4310 Queen Street 0 P.O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Jim: CORe: Proclamation for Spiritual & Religious Care Awareness Week October 14— 20, 2013 The Ontario Multifaith Council (OMC) is a registered, non-profit, charitable t organization representing a wide-range of faith groups in the province of Ontario. The OMC is comprised of representatives from 30 faith groups with 185 Regional Multifaith Committee members throughout Ontario who give support to our vision and mandate. OMC is dedicated to the promotion and facilitation of equal access to adequate and appropriate spiritual care and religious accommodation for persons in government operated/funded institutions and organizations, in context with the (19- Ontario Human Rights Code. OMC initiates and organizes an annual celebration of Spiritual and Religious Care Awareness Week (SRCAW) which provides an opportunity to recognize the value and dedication of Spiritual and Religious Service Providers of all faiths who work in specialized settings such as, hospitals, long-term care facilities, mental health centres and correctional facilities. We are asking that consideration be given for SRCAW to be proclaimed throughout Canada during the week of October 14 - 20 this year. Spiritual and .=• Religious Care is supported through the Human Rights Code not only in the •■∎ • province of Ontario but throughout the mosaic of Canada. Regardless of age, race, social or political standing, whether interfaith or multifaith, the celebration of SRCAW gives support to those who provide and receive Spiritual and Religious care. It is our hope that your response to our request will be positive. We would be most pleased to provide any additional information that is required to enable 6 you to process our request. Sincerely, -'I Pandit Roopnauth Sharma President WiW Ontario Multifaith Council 207 - 3570 Victoria Park Avenue, Toronto, Ontario M2H 3S2 Tel: 416-422-1490 Email: omcsrc @omc.ca Website: www.omc.ca l l ONTARIO MULTIFAITH COUNCIL _ F Spiritual and Religious Care Awareness Week "Healing Journey: Spiritual Responses to People in Crisis" • October 14 - 20, 2013 PROCLAMATION WHEREAS across the province of Ontario there is concern about the necessary and important place of spirituality in the provision of care in hospitals, long term care facilities, correctional settings, mental health centres and facilities for people with intellectual disabilities, AND WHEREAS the need for and work of dedicated, qualified and competent spiritual and religious caregivers in society and particularly in our provincial institutions of care needs to be officially recognized and applauded, AND WHEREAS the multicultural mosaic of Ontario demands diversity in the provision of spiritual and religious care and the protection of religious rights, this unique provincial phenomenon, having been recognized and provided for by the Ontario Multifaith Council, AND WHEREAS throughout the province there will be a celebration of SPIRITUAL AND RELIGIOUS CARE AWARENESS WEEK during October 14 - 20, 2013. THEREFORE be it resolved that the (name of municipality, e.g. City of Cornwall) join with other like-minded political jurisdictions in the Province of Ontario (or the name of the OMC region) and declare the week of October 14 - 20, 2013 as Spiritual and Religious Care Awareness Week and to support all local observances pertaining thereto. Ontario Multifaith Council 207-3570 Victoria Park Avenue, Toronto, Ontario M2H 3S2 Tel: 416-422-1490 Email: omcsrc @omc.ca Website: www.omaca Taps Brewing Co. Inc. t�-7�`///�� 4680 Queen St , � Niagara Falls, ON L2E 4680 2L8 BREWING CO. INC. 289-477-1010 Dean lorfida, City of Niagara Falls, Taps on Queen is adding one more event to our list of outdoor concerts/events this year. I'm writing to request an exemption from the noise by-law so that we can have live music on the parking lot stage from noon until 11 pm on Saturday September 28th The event on the 28th is a concert with a few Niagara local bands as well as bands from Toronto and Guelph. We have partnered with Big Brothers and Big Sisters of Niagara Falls for this event to help raise funds for them. Please feel free to contact me if you have any question or need any other information. Sincerely, Eric Martin Taps On Queen Brewhouse and Grill 289-477-1010 Cell: 905-380-2708 Dean Iorfida From: Beth Angle Sent: Thursday, September 05, 2013 9:05 AM To: Dean Iorfida Subject: Noise By-Law Exemption Request Good Morning Dean We are hosting a Niagara Falls Night of Art on Thursday, September 19, 2013 at the Niagara Falls Farmers Market and Niagara Falls History Museum. The event will run from 5 pm until 10 pm with music being played outside. I would like to request that we have an exemption of one additional hour, until 10 pm, on the above date. Please let me know if you require a memo or any other information for the consideration of Council. I apologize for this late request. I had wrongfully thought that the restriction started at 10 pm. Beth Beth Angle Community Development Coordinator Recreation & Culture Department City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, ON L2H 3N3 905 356 7521 X 3336 905 356 7404 fax www_niag_arafalls.ca bangle @niagarafalls.ca 1 Clerks Department Inter-Department Memorandum TO: Mayor James Diodati DATE: September 10. 2013 & Members of Council FROM: Dean lorlida City Clerk Ext. 4271 RE: Tourist Exemption - Target, 7190 Morrison Whether a business is allowed to open on a statutory holiday is determined by The Retail Business Holidays Act. The Act does not allow holiday openings except for certain exemptions. which are outlined in the Act. There is a process to apply for a tourist exemption. The exemption is done through Region not the City. There is a fee and the Region will hold a public meeting before granting the exemption. The Region asks the lower tier municipality to sign off on the application first. The regulations of the legislation state that a retail establishment has to be located within 2 km of a tourist attraction and relies on tourists visiting the attraction for business on a holiday. Most applications for such an exemption in Niagara Falls have been approved. Niagara Falls City Council has gone on record in the past asking that the Province to give the City the authority to determine statutory holiday openings. As a tourist community, where many businesses are already legally open on statutory holidays, there seems to be less of a desire to maintain the former"pause"days under the legislation. Council has supported other similar requests of this nature. RECOMMENDATION: That Council support the request. it Working Together to Serve Our Community Office of the Regional Clerk 2201 St, David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Niagara f Region Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-687-4977 janet.pilon@niagararegion.ca www.niagararegion.ca August 23, 2013 Mr. Dean lorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: Request for Comments on Application for Tourism Exemption for Holiday Openings — Target, 7190 Morrison Street, Niagara Falls I am attaching an application from Target Canada Co. operating the Target retail store located at 7190 Morrison Street, Niagara Falls requesting a tourism exemption under the Retail Business Holidays Act to permit Target retail store to open on New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 9:00 a.m. to 5:00 p.m. I would kindly request that you arrange to provide me with the comments from the City of Niagara Falls regarding this application by Friday September 20, 2013 so that they may be included as a correspondence item for the public meeting to be held before the Region's Integrated Community Planning Committee on Wednesday, October 2, 2013 at 1:00 p.m. If you have any questions regarding this matter, please do not hesitate to contact me at 905-685- 4225 ext. 3220. Yours very truly, Janet Pilon Regional Clerk cc. Jonathan Redberg, Target Steven Chisholm, Legal Services Patrick Robson, Integrated Community Planning Natasha Devos, Integrated Community Planning Bill 6715 THE REGIOAAL MUNICIPALITY OF NIAGARA APPLICATION FOR TOURISM EXEMPTION RE ROLIDAY OPENINGS The undersigned hereby applies to the Council of the Regional Municipality of Niagara for an exempting by-law under subsection 4(1) of the Retail Business Holidays Act, R S 0 1990, Chapter R 30 If more than one person carrying on retail business is represented in this application, please list information for each on a separate page and attach to form Pursuant to the Regulations under the Act, an application relating to a retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public shall be made only by that retail business establishment, (PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARY) PART I - APPLICANT INFORMATIOJ 1 Type of applicant (please check one) : one or more persons carrying on retail business in the Regional Municipality of Niagara an association, whether or not incorporated, representing persons carrying on retail business in the Regional Municipality of Niagara a council of a local municipality 2 Name of Applicant: Mailing Address of Applicant: l200 Nacsais5 " _ 09 Telephone No of Applicant: 512 Fax --- 3 Applicant's Authorized Agent (to whom all correspondence will be sent) : im Mailing Address: Telephone No. : _. Fax No._ 4. Location of Retail Business Establishment Municipal Address 71a0 ton Street Street Number , Municipality .ra Falls, ON 1.2E 755 5. If you wish the exemption to apply to one or more classes of retail business establishments, please define and specify the classes: The Target Store in Niagara Palls holds 2 licences: Cap. Shop - p :<age 7, xery items. =xd Shop - St art:05a cafe owned and spa cposated by Target Bill 6715 2 _ Total No of Sq. Ft normally used for serving the public: _ - Total No of Employees normally serving the public: -30-35 PART II - TOURISM CRITERIA Tourist attractions are limited to: I a) natural attractions or outdoor recreational attractions; b) historical attractions; and II c) cultural, multi-cultural or educational attractions ry The two (2) kilometre restriction set out in the Regulations to the l Act does not apply to a retail business establishment located in a local municipality within the Region of Niagara, having a population of less than 50,000 Is business located within two kilometres of a tourist attraction? yes If yes, describe the nature of tourist attraction: Lundy's Lane Niagara Falls and Clifton Hill attractions are nearby 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday Providing general merchandise and food products to potential tourists in the area. 3- Where the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public, or normally has four or more employees serving the public, please outline the goods or services provided primarily to tourists. Groceries such as baked goods and beverages Pharmacy supplies Photo products General merchandise such as batteries, sunscreen, barbecue and picnic items, sunglasses, swimwear, sports team branded apparel. Bill 6715 - 3 - This section relates only to applications to grant exemptions on an area basis. - Section N/A to Target . 4 a) In what local municipality is it located? b) Describe subject area (in words) : Please attach a map or sketch) c) How many businesses are included in this application? d) Are all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Does the area exceed that necessary to encompass all of the retail business establishments for which an exemption is sought? If not, explain how it does not: f) How many of the businesses are dincctly associated with the tourist attraction or rely on tourists visiting the tourist attraction for business on a holiday? (Regulations to the Act require at least 25% of the businesses) g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents PART III GENERAL Indicate which holidays, and which specific times or specific number of hours you wish to be open on those holidays: New Years Days Family Day , 'ictOLra Day, Canada Day, Label: Day, ua nLsgi ,_nq, Good Friday Coors would, be gam - Spa. 7. Is request seasonal in nature, e g summer months only? YES NO X If yes, what time period is sought? -`%" 3. What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? Bill 6715 - 4 - 4 Is request related to a special event? Yes No X (NOTE: A retail business establishment may be exempted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality For what holidays is exemption being sought? N/1,1, - Not a scecial event_ Describe special event, duration and time of year NSA - Nor a special event. 5 Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: J 1 , 6. What justification is there for the opening of the retail business establishment(s) on holidays in light of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause days? This _ oscanliane pra;t _ in nener __. r La . con tars t n a, both - 'f eto ::_r go e s. as . u_. compe otter r oilers ho .ai.L - or these hr_i -_ increasing 7ilk .__ - nevi: . shopping__. .p t:ins lanaiian shiix rs ins scuilsrs ,_sic_ng ihe Niagara area tgr t exibiliic stay rng snip. she area anti contribche t_ Lae . iraL ecesprund vs. g .n5 hsrrer. B11.1 6715 EXECUTION BY APPLICANT Heather Vincent of the Cit-y________„ of Minneapolis in the _CeunCv of Hennepin, MN USA _ do solemnly declare that all of the statements contained in this application are true and I make this solemn declaration conscientiously, believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act Declared before me at the Ci_Cy ) ofM'nneapc_is in the ) }} of Hennepin, MN ❑SA this 29-= ) (P'PPl icant) day of • $E_ ) v Notary Public-Minnesota JANELL R. NILES co$mrssioner, etc wC0 0" � 8tms APPOINTMENT OF AUTHORIZEED AGENT I/We, _._ hereby appoint of to act as my/our authorized agent in this application Witness: _ Signed (Applicant) Date: NOTES:, 1 It is required that the original application be filed with the Regional Clerk, together with appropriate documentation, accompanied by a cheque in the amount of $750, made payable to: THE REGIONAL MUNICIPALITY OF NIAGARA This fee will cover the following: - publication costs - legal costs to review applications - administrative costs i e printing, mailing 2 Applications are to be filed at the Clerk's Department, the Regional Municipality of Niagara, 2201 St David's Road, Thorold, Ontario, L217 4T7 to the attention of the Regional Clerk (685-1571) . 3 This application and any by-law passed by the Region are subject to the provisions of the Retail Business Holidays Act It is strongly suggested that Applicants contact their solicitor with respect to the provisions of the Act. 4 It is preferred where possible that applicants submit a proposed exemption by-law with their applications 5 Each application must be accompanied by a scaled plan or map of the area covered by the proposed by-law showing: (a) the retail business establishment(s) ; (b) the tourist attraction; and (c) the scale of the plan or map enabling the distances to be measured aer.,> ? r:a;:n. 1 , - i.4 . - T - 3 O \ ,\ c3...,-\ V 1 di l Y ii cc ft zi '4 —I f — ;r C.35 a e a. c '' } I ` { _ iQ O J — 1/A30)AV/ -11333:Z113 N33100 S:ISIIN MMNa 90 N rid •f ...ainpap{ps as 11 c. .m 410 136J 101 IMCA+ e003 APPENDIX "A" 14864 00 Li or li Jao ant 61o't-G191E\got cpE\sWNIO\5 Caw [ ' g i J14 a 5 - e N W I m v E (wiunl3�ewiJ E i S (rot .c t.ta ) Caz*va ■OW m 0. O W _ a po:oeJ as}sat}aa®® � =�A 11-4 2 1� \ H � `'® cQ! L ■ ~< s �� ` ° V \ v 1 "' 7 y \ A H s 3 W. a� a g g b I. y_T `L Ica it i \ q `9' S•`_ nanii L bl lirod 1 411`. '`.\\ s ffi 7t \ g £ a V, ® a i \ \' R \ _gm ck M 41 i Q_ �'. \ a 7%t6 I ��yn'1"°0 uaann .n - e'°. aM�Zal.7 esa \0 July 10, 2013 Dear Mr Dean Iorfida The Stamford Centre Volunteer Firemen's Association is hosting our third annual Harvestfest on September 21, & 22nd 2013. We are working hard to build this event to be a destination event that will attract people from throughout Southern Ontario, to Firemen's Park and Niagara Falls. We are adding new things every year to grow the Harvestfest. Last year we added a 5km Adventure Run. This year we are adding a Soap Box Derby and Car show on the Saturday. On the Sunday we are adding a Motorcycle show & bicycle race. We are also continuing with our Craft Venders, Hay rides, Corn Maze, Food Venders, & entertainment. We are still struggling to make this event financially sustainable and are asking for your consideration in waiving the fees for closing Dorchester Road to hold the Soap Box Derby. We would like to thank you in advance for your consideration. If you have any questions please ask. Thank you Mike Glazier ( Harvestfest chairman ) 3367 Eleanor Crescent, Niagara Falls, Ontario, L2J-2 S 1 Phone 905-357-3391 Email harvestfest©scvfa.ca July 10, 2013 Dear Mr Dean Iorfida The Stamford Centre Volunteer Firemen's Association is hosting our third annual Harvestfest on September 21, & 22nd 2013. We are working hard to build this event to be a destination event that will attract people from throughout Southern Ontario, to Firemen's Park and Niagara Falls. We are adding new things every year to grow the Harvestfest. Last year we added a 5km Adventure Run. This year we are adding a Soap Box Derby and Car show on the Saturday. On the Sunday we are adding a Motorcycle show & bicycle race. We are also continuing with our Craft Venders, Hay rides, Corn Maze, Food Venders, & entertainment. We are still struggling to make this event financially sustainable and are asking for your consideration in waiving the Vender fees. We would like to thank you in advance for your consideration. If you have any questions please ask. Thank you Mike Glazier ( Harvestfest chairman ) 3367 Eleanor Crescent, Niagara Falls, Ontario, L2J-2S 1 Phone 905-357-3391 Email -larvestfest @scvfa.ca Dean Iorfida From: Kathy Moldenhauer Sent: Wednesday, September 04, 2013 11:29 AM To: Dean Iorfida Cc: Ken Todd Subject: FW: 97.7 HTZ Fall Ice-Time Attachments: Niagara Falls Hockey Fall 13.pptx Hi Dean Communication attached for the next Council meeting. Ice time is available, non-prime adult fall/winter rate is $100.00 plus hst, total $113.00 per hour. Thank you Kathy Moldenhauer Director of Recreation &Culture Department City of Niagara Falls 905-356-7521 ext 3348 From: Alton, Jamie [mailto:jalton @htzfm.com] Sent: Thursday, August 29, 2013 10:37 AM To: Kathy Moldenhauer Subject: 97.7 HTZ Fall Ice-Time Hi Kathy. The Biggs and Barbarian hockey initiative thus far has been a great success. With the summer season finishing up it's time to play some games and raise money for charity. Attached is an application for ice time. You'll notice we requested 2 hrs of training time during off-peak low usage hours. We only need 1 day for training this time around. Idealy we would like Tuesdays from 1pm to 3pm. Thank you for your continued help. JAMIE ALTON THE BIGGS AND BARR SHOW PRODUCER SOUTHERN ONTARIO'S BEST ROCK 97.7 HTZ FM 1 The Biggs & Barr-Barians With The City Of Niagara Falls As you know, we have formed a hockey team comprised of adults who never learned how to play hockey, for the purpose of competing in a series of SOUTHERN ONTARIO'S charity games in the fall/winter versus other local team. Those teams will pay BEST ROCK a $500 fee to play. 100% of the proceeds will go to the Jumpstart initiative which provides hockey equipment to deserving kids who can't otherwise afford it. We are coming to The City Of Niagara Falls asking for 2 hours of otherwise unused ice time (off peak daytime hours), from September 10th onward, so we can continue to train our team. We would also require 2 hours of ice time every second Thursday evening to play the charity games. We would be honoured to have Niagara Falls as our home city for these games. Our goals are raising money for children to play hockey, and to encourage healthy, active living for all members of the Niagara region. This is a proven fund raising model that has been used by other media outlets in the past and has been extremely successful over many years. Monthly Promotional Value for The City Of Niagara Falls 50 Live Mentions per week @ $100 per = $ 5,000.00 4 Weeks Online link from htzfm.com = $ 2,000.00 Minimum Monthly Promotional Value: $ 7,000.00 Please note that this is a minimum value only. We will find multiple ways to build our association with Niagara Falls. Best regards, TBruce Gilbert 44/` 4 Program Director/ 97.7 HTZ-FM • Dean Iorfida From: Shelley Schaubel <ShelleySchaubel @alzheimerniagara.ca> Sent: Wednesday, August 28, 2013 11:57 AM To: Dean Iorfida Subject: RE: Delegation Request Attachments: image001.gif; image002.png; CB flyer FINAL.pdf; Coffee Break Form.pdf Hi Dean, Teena Kindt the CEO of the Alzheimer Society of Niagara Region and Alzheimer Society Niagara Foundation will be doing the presentation on Sept 10th r 7:00pm She will not need any audio/visual equipment and will be presenting the Mayor with a Coffee Break kit at the end of the presentation. Also will you be having a Coffee Break Event and is so have you pick a date? The Mayor of St. Catharines will be issuing a City Challenge to the rest of the Mayors in Niagara to see who can raise the most. I have attached the flyer and registration form. Please let me know if you need anything. Cheers! Shelley Schaubel Fundraising Events Coordinator Alzheimer Society Niagara Foundation 403 Ontario St. Unit#1 St Catharines, ON, L2N 1L5 905-687-3914 Ext. 562 schaubel @alzheimerniagara.ca ofEEE BREHH Thursday, September 19, 2013 I A JIVE CO( CAMPAIGN RUNS SEPT - DEC 2013 LU ;waif. r rd 08 5105, 000! 3. =a'-CroCe AS 3 ^"e' 0 'cc 'Pig e1 C ) [slay J. :y' d3 Sc oar Sot �r �p• 1 3a-. • .1-• i. Confidentiality Notice: The information contained in this communication, including any attachments that may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution, disclosure, or ® Help us COFFEE BREAK® reach our of ii ( L i .c -,. 'K, f- Register today for your Annual Coffee Break® 3'}; to support local programs & services & provide SP� - 1 Help For Today. Hope for Tomorrow...® yi �e F i'w 3k �".. �„ I I., I C y CAMPAIGN RUNS SEPTEMBER - DECEMBER 2013 National Kickoff: Thursday, September 19, 2013 Coffee Breaks are any type of social activity hosted by people who want to make a difference in their community. From a small gathering at the workplace, home or other venue, to a larger organized event, all funds raised from these events stay in the Niagara Region to directly support programs and services offered by our Chapter. •stto G COFFEE CP DECALS or• BOSS O COOK BREAKFAST •• GARAGE SALE •• BAKE SALE • B-B-Q NN CH ARAti e- Lipr h , ) 44 -k a pSH • SOCIAL DINNER • DRESS D OWN • •Cn ti DAYS REFRESHMENT BREAK • CASH REGISTER ROUNDUP It's fun, social, and easy to organize at your office, school, To register for a Coffee Break kit, call: church, or home. We provide 905-687-6856 ext. 562 the kit, you provide the social email: schaubel @alzheimerniagara.ca environment. Order a kit today! '4 N p jy �f y \s",,44. ,. Prin[Ing proudly;p, so dby 3 2," ,k 4 y-. '4'� 1 -e rs^^wsw 'a'*1r. °p nT S""a .r 'k,ate' F411-1 a i j�l f T McLeod Pd N gw FIIs 905-374-7127 co r D I co CITY OF NIAGARA FALLS By-law No. 2013- A by-law to amend By-law No. 2010-34 to remove the holding symbol (H) on the Lands on the north side of Frederica Street, west of Glenholme Avenue, to permit the development of the Lands (AM-2009-004). WHEREAS By-law No. 2010-34 includes land use holding prohibitions that have the effect of zoning the lands R4(H) 894; AND WHEREAS the lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the"Lands". Schedule 1 is a part of this by-law. AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2010-34 on the Lands, to have the effect of zoning the Lands R4 894; AND WHEREAS the purpose of this by-law is to amend By-law No. 2010-34 such that the provisions of By-law No. 2010-34 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2010-34 has been achieved and that the condition required for the removal of the holding provisions of By-law No. 2010-34 has been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2010-34 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the condition set out in By-law No. 2010-34 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2010-34 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2010-34 is hereby declared to be in full force and effect on the Lands. Passed this tenth day of September, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013 S:2ZONI NG WMS\2009\BY-LAW S\Byam004a_#2.wpd SCHEDULE 1 TO BY-LAW No. 2013- Subject Lands j// 420 HWY 93.45m r " 93.43-m _asigaiiiill FREDERICA ST I Mall LU lial Mil Q Sill wl Q _ O -- — c — z NISI L3 SI � tu � 0 S LiJ 0 k Z EMI Sil a COOK ST w SI � Z a SI 1 SI co i Sill 1 1 SI SI s Amending Zoning By-law No. 79-200 N Description: Lt 60 PI 44 Stamford; Lt 61 PI 44 Stamford; Lt 62 PI 44 Stamford; Pt Lt 63 PI 44 Stamford; Pt Lt 64 PI 44 Stamford; Pt Lt 65 PI 44 Stamford As In R0145214; Pt Twp Lt 125 Stamford As In R0155323; Niagara Falls s Applicant: City of Niagara Falls 1:NTS Assessment #s: 272506001304500; 272506001304400; 272506001304300; 272506001304200 AM-2009-004 K:',GIS Requests\2009\Schedules\ZOningAM\AM-04\mapp,ng.map August 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend By-law No. 79-200, to permit a multiple unit residential development on the Lands, subject to the removal of a holding (H) symbol, and to repeal By-law No. 2010-35 (AM- 2013-012). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) Townhouse dwellings (b) Semi-detached dwellings (c) Accessory buildings and accessory structures 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 300 square metres per dwelling unit (b) Minimum front yard depth 4.5 metres (c) Minimum rear yard depth 1.8 metres (d) Minimum interior side yard 1.8 metres width (e) Minimum exterior side yard 3.0 metres width (f) Maximum lot coverage 45% (g) Minimum distance between 3 metres buildings (h) Minimum number of parking 1.4 spaces per dwelling unit, which spaces may be provided in tandem (i) Minimum private garage 1 per dwelling unit -2- (j) Minimum setback between the 6 metres front wall of a private garage and a private or municipal street (k) Screening of parking in front a decorative fence, wall or landscaped and exterior side yards berm, with minimum height of 1 metre above the average level of a parking area located in such front or exterior side yard, shall be erected between such parking area and the front or exterior side lot line, save and except for any driveways (I) The balance of regulations specified for a R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R4(H) and numbered 991 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall submit a Noise Study and a Phase 1 and Phase 2 Environmental Site Assessment to the satisfaction of the Regional Municipality of Niagara and shall file a Record of Site Condition with the Ministry of the Environment. 10. The provisions of this By-law shall be shown on Sheet C4 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from OS, in part, to R4 and numbered 991 and by renumbering the Lands, in part, from 895 to 991. 11 . Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.991 Refer to By-law No. 2013-_ 12. By-law No. 2010-35 is repealed. Passed this tenth day of September, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013 S:\ZO N I NG W MS\2013\By-laws\Bya m 012.wpd SCHEDULE 1 TO BY-LAW No. 2013- Subject Land FREDERICA ST 134.69m 0 r 7.04m . - m O rn rn R4(H) 991 Oj 65.4m _. -o .. ----. o Z 'n n rn rn 0 65.93m 8.77m COOK ST 2.44m s 1:NTS Amending Zoning By-law No. 79-200 Description: Pt Lots 35-39, Pt Lot 70 and Lots 71-74, Pt Byng Av Plan 51; Lots 32-44 Plan 63 Being Parts 2 and 8 on 59R-14430; City Of Niagara Falls Pt Lots 35-39 & 70 and Pt Byng Av Plan 51 Being Parts 2, 3 & 6 on 59R-14882; City Of Niagara Falls Applicant: 800460 Ontario Ltd. AM-2013-012 August 2013 K:\GIS_Reguests\2013\Schedule\ZoningAM\AM_12\Zoning.map CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to establish Part 1 on Reference Plan 59R-14948 as a public highway, to be known as and to form part of Willoughby Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by-law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part 1 on Reference Plan 59R-14948 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 1 on Reference Plan 59R-14948 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Willoughby Drive. Passed this tenth day of September, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013. Second Reading: September 10, 2013. Third Reading: September 10, 2013. CITY OF NIAGARA FALLS By-law No. 2013 - 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-law No. 2002-081 is amended by deleting Schedule"A"and that Schedule"A" attached hereto shall be inserted in lieu thereof. 2. The amendment to Schedule"A" is hereby effective as of July 15, 2013. 3. By-law 2013-45 is hereby repealed. Passed this tenth day of September. 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10. 2013 SCHEDULE "A" Chief Building Official: Jeff Menard 3. Inspectors: Tammy Agnoletto Wayne Allan Louie Baldinelli Luciano Chieca Frank Devereaux Brian Dickson Effat Effat Sandro Elia Jim Jessop Kellie Kubick Christel Meyer Carmen Mignelli Belinda Philips Nick Pietrangelo Roger Pigeon Franco Piscitelli Ellen Roupas Fred Sacco Ben Trendle Ron Waters 3. Property Standards Officers: James Cerminara Brian Sparks CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend by-law 2011-61. a by-law provide for citizen appointments to certain Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. That Paragraph #1. being appointments to the Arts and Culture Committee, be amended to add the names Debra Attenborough, Lynzey Ruscitti, Daniel F. Manchego-Badiola, Barbara Buetter, and Laurie Crain-Anez. 2. Chat the appointments are effective August 13. 2013. the date of Council's approval. Passed this tenth day of September. 2013 DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10. 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Agreement with the Federation of Canadian Municipalities (FCM) and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities' 2014 Annual Conference and Trade Show, May 30 to June 2, 2014. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between the Corporation of the City of Niagara Falls, the Federation of Canadian Municipalities(FCM)and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities' 2014 Annual Conference and Trade Show. May 30 to June 2, 2014, as attached hereto, is hereby approved and authorized. 2. The Mayor is hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this tenth day of September, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10. 2013 Second Reading: September 10. 2013 Third Reading: September 10, 2013 AGREEMENT BETWEEN THE FEDERATION OF CANADIAN MUNICIPALITIES (FCM) AND THE CITY OF NIAGARA FALLS AND THE REGIONAL MUNICIPALITY OF NIAGARA RELATIVE TO THE FEDERATION OF CANADIAN MUNICIPALITIES' 2014 ANNUAL CONFERENCE AND TRADE SHOW TO BE HELD IN THE CITY OF NIAGARA FALLS FROM MAY 30 TO JUNE 2, 2014 AGREEMENT BETWEEN THE FEDERATION OF CANADIAN MUNICIPALITIES Herein referred to as "FCM"; AND THE CITY OF NIAGARA FALLS AND THE REGIONAL MUNICIPALITY OF NIAGARA Herein referred to collectively as the "Host Municipality" FCM and the Host Municipality hereafter collectively called "the Parties". THE PARTIES, before concluding the Agreement in this document, declare the following: WHEREAS FCM and the Host Municipality agree to work together in order to hold FCM's 2014 Annual Conference and Trade Show from May 30 to June 2 2014, in Niagara Falls, ON; WHEREAS each of the Parties must assume certain financial and operational responsibilities; and WHEREAS it is necessary to determine the terms and conditions of this Agreement; THIS BEING STATED, the Parties agree to the following: 1. OBJECTIVE The objective of this Agreement is to determine the terms and conditions for FCM and the City of Niagara Falls ("Niagara Falls") and The Regional Municipality of Niagara (the "Region") in order to hold FCM's 2014 Annual Conference and Trade Show from May 30 to June 2, 2014, in Niagara Falls, ON (herein referred to as "the Conference"). 2. DURATION AND EFFECTIVE DATE OF THE AGREEMENT This Agreement comes into force and takes effect on the date of its signature by all Parties, and unless there is a provision to the contrary, ends on the date when the obligations of each of the Parties are fulfilled. 3. OBLIGATIONS OF FCM 3.1. FCM agrees to assume the following financial, organizational and operational obligations: Preliminary Conference program (on-line); Final Conference Program; Trade Show; Page 3 of 10 ✓ Delegate Luncheon at the Trade Show on Friday; r Pre-Conference and on-site registration process; • Financial responsibility for rental of facilities required for the FCM Conference Program; r Delegate Luncheon during elections on Sunday; r Audio-visual equipment; ✓ Simultaneous interpreters and equipment; • Recruitment of all workshop speakers; • National sponsorship program: FCM Secretariat, Media Room and Staff Workrooms; All costs related to FCM staff participation (compensation, travel, and accommodations); ▪ French and English translation for the conference programs, signage, and all FCM documents related to the Conference. 3.2. Host Municipality Complimentary Passes FCM will provide the Host Municipality with a maximum of twelve (12) complimentary full registration passes for the 2014 Annual Conference and a maximum of four (4) complimentary full registration passes for the 2013 Annual Conference. A list of names for complimentary passes must be provided to FCM prior to the event. These passes have no dollar value and the Host Municipality will not be entitled to a credit should it not make use of the full allotment. 3.3. Host Municipality Transfer Payment - Paid Registrations FCM will collect delegate fees from each registered delegate and will transfer a per capita amount to the Host Municipality (the amount to be approved by the FCM Board in September 2013 and to be no less than the per capita for 2013 - $138.00 per delegate attending the conference) as follows: a) Within sixty (60) days of the closing date of the Annual Conference, FCM will forward a first payment to the Host Municipality of ninety percent (90%) of the per capita amount for each registered delegate whose account is paid in full and who attended the event. b) Within one hundred and twenty (120) days of the closing date of the Annual Conference, FCM will forward the final payment to the Host Municipality of the total per capita amount for each registered delegate whose account is paid in full and who attended the event, less the initial payment previously submitted, as set out in paragraph 3.2(a). 3.4. Host Municipality Transfer Payment - Companion Tours and Social Events Within sixty (60) days of the closing date of the Annual Conference, FCM will forward a payment to the Host Municipality for companion (and/or additional) tickets to participate in Host Municipality organized tours and social events. This payment will cover the cost to the Host Municipality of each ticket purchased. An administration fee charged by FCM will be over and above the cost to the Host Municipality of each ticket, and will be retained by FCM. Page 4 of 10 4. OBLIGATIONS OF THE HOST MUNICIPALITY 4.1. The Host Municipality agrees to fulfill the following financial, organizational and operational obligations: At the Conference preceding theirs, the pending Host Municipality must participate in the Trade Show to promote attendance at the Conference in their municipality the following year and they also donate a prize for the Trade Show prize draw (FCM provides a complimentary booth space with one table and 2 chairs. The pending Host Municipality must pay for any other booth requirements such as audio-visual equipment, additional furniture, etc.); • At the Conference preceding theirs, the pending Host Municipality must host and pay for a reception for new Board Members to promote attendance at the next Annual Conference (approximately 150 attendees); > Welcome Reception on Friday evening; > Daily Continental breakfasts and morning coffee breaks (Friday, Saturday and Sunday): • Gala Dinner on Sunday evening; Closing Breakfast on Monday morning; • Study Tours program with service in both official languages (incl. transportation); • Companion Program (i.e. Companion Tours) with service in both official languages; > A Companion Lounge (incl. function room, lounge style furnishings, coffee/tea/water) • Transportation between hotels in the "FCM Block of rooms" and the Conference Facility (as deemed necessary by FCM, depending on distance); Transportation to and from Niagara Falls' social activities (as requested by FCM, depending on distance); > A Niagara Falls Tourism and Information booth with service in both official languages; • All costs related to the participation of Niagara Falls city staff and council members. 4.2. The Host Municipality agrees to provide FCM with a minimum of fifteen (15) volunteers to assist with on-site logistical requirements. 4.3. The Host Municipality agrees to provide FCM with all final texts and photos required to adequately describe the social activities, tourist information, as well as the content and schedule of Study Tours and Companions' Program for use in printed and promotional materials (ie: the Conference Programs) within the prescribed timelines described in the Host Municipality Handbook. 4.4. The Host Municipality agrees to provide FCM with a general liability certificate of insurance showing FCM as an additional insured for all Host Municipality responsibilities and events (i.e. Study Tours, Companion Program, Welcome Reception, Gala Dinner and Farewell Breakfast). The policy must be in effect for the dates of the Conference. Any company providing transportation for delegates must provide a certificate of automobile insurance with a minimum of $5M in coverage. 4.5. The Host Municipality agrees to provide FCM with all the final scenarios and speeches for the social events (Welcome Reception, Gala Dinner, Closing Breakfast) and any other activities to which the Host Municipality representatives will participate, for FCM's review and approval. Page 5 of 10 4.6. The Host Municipality may, at its own discretion and effort, find local sponsors to offset the cost of its financial contribution towards hosting this Conference. Agreements with any sponsors of a National scale must be pre-approved by FCM prior to entering into any type of agreement. All sponsors must follow FCM's sponsorship guidelines, as described in the Sponsorship Guide provided to the Host Municipality. 4.7. The Host Municipality agrees to provide/deliver the above in accordance with the Roles and Responsibilities document provided by FCM. 4.8. The Host Municipality agrees to provide to FCM, no later than three months following the event, the Host Municipality's financial results (revenues generated/expenses incurred for its financial commitments). 5. COMMITMENTS BY THE HOST MUNICIPALITY AND FCM 5.1. Each of the Parties agrees to maintain a cooperative and respectful working relationship between the representatives, where applicable, of one or the other Party. 5.2. Each of the Parties agrees to supply the necessary qualified personnel resources required to meet or exceed the expectations and/or fulfill the obligations and commitments provided for in this Agreement. 5.3. The Host Municipality agrees to translate into French and/or English all documents it distributes, as well as any posters, banners, signage and advertising related to FCM's Annual Conference and Trade Show. FCM agrees to provide an editing service to the Host Municipality to ensure concordance between the texts. 5.4. Each Party warrants that it has provided full disclosure to the other Party regarding any matter of which it is aware at the time of the execution of this Agreement that, to its knowledge, could harm the reputation of the other Party as a consequence of having entered into this Agreement. Without restricting the generality of the foregoing, but solely as examples, willful conduct of a Party that could reasonably be considered harmful to the environment or public health would constitute such a matter. 5.5. At all times during and subsequent to the duration of the Agreement, until such time as the information in question ceases to be confidential information or the recipient party has obtained the written consent of the disclosing party to the disclosure in question, the recipient party shall take all precautions that are reasonably required in order to keep and maintain the confidential information in strict confidence, and shall cause its elected officials, directors, officers, agents and employees to keep and maintain such confidential information strictly confidential. All such confidential information shall remain the property of the originally disclosing party and shall be used by the recipient party only as is necessary for the performance of its obligations under the Agreement. 5.6. FCM acknowledges that the Host Community, as a level of Ontario municipal government, is governed by the province of Ontario's freedom of information and protections of privacy legislation including the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA") and the Personal Health Information Protection Act ("PHIPA"); FCM agrees to abide by the tenets and requirements of such legislation when performing services and providing products for the Host Community under this Agreement. In the event that a party is requested pursuant to, or required by applicable law, regulation, or legal process to disclose Page 6 of 10 any confidential information that party agrees to notify the other party of the circumstances requiring such disclosure and will refrain from such disclosure for the maximum period of time allowed by law so that the other party may seek a protective order (whether it be injunctive or other legal or equitable remedy) or other appropriate remedy to protect the confidentiality of the information. 5.7. In the event the Conference is cancelled or otherwise not held by reason of acts of God or by reason of any other circumstance beyond the reasonable control of either party, neither party shall in no way be held liable to the other party. For more clarity, all expenses incurred by each party in advance preparation of the Conference will remain the responsibility of each party. FCM will not be held liable to reimburse any expenses incurred by the Host Municipality and the Host Municipality will not be held liable to reimburse any expenses incurred by FCM. 6. REPRESENTATIVES OF THE PARTIES - APPLICATION OF AGREEMENT For the purposes of this Agreement, the representative for Niagara Falls is James M. Diodati, Mayor, and the representative of the Region is Gary Burroughs, Regional Chair, and FCM's representative is Ms. Simone Gagnon, Director- Corporate and Member Communications. Should a replacement become necessary or selected, one or the other Party will fill the post immediately with a suitably qualified and empowered individual and will notify the other Party in writing. 7. RESPONSIBILITIES 7.1. It is understood and agreed that the Host Municipality and FCM are neither the agent nor legal representative of the other Party and no part of this Agreement grants them that authority. The Host Municipality and FCM are independent of each other and this Agreement should not be deemed in any way to be a joint venture. No part of this Agreement shall be interpreted as establishing an agency between the Host Municipality and FCM. 7.2. FCM and the Host Municipality recognize that they will assume their respective responsibilities as required by law. 7.3. Each Party assumes full financial responsibility for its activities and its operations. 8. GENERAL PROVISIONS 8.1. The preamble is an integral part of this Agreement. 8,2. This Agreement and the rights and obligations which result from the Agreement shall not be sold, assigned or transferred, in whole or in part. Any act of assignment or transfer shall be deemed null and void. 8.3. This Agreement is governed by the provisions of law applicable in the Province of Ontario. Any litigation concerning this Agreement shall be within the jurisdiction of the Province of Ontario. Page 7 of 10 8.4. This Agreement constitutes the entire Agreement between the Parties and replaces any previous agreement or contract, proposition, representation, negotiation or verbal or written agreement between the Parties. There are no representations, covenants, conditions or warranties forming part of the Agreement other than those included in it. No amendment of the Agreement will have any force or effect unless reduced to writing and signed by all parties. 8.5. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect. 8.6. The silence of a Party, its negligence or delays in exercising a right or recourse granted it by this Agreement shall never be interpreted as a renunciation of its rights and recourses. 8.7. Time is of the essence in all respects in this Agreement. The Parties will make all reasonable efforts to comply with their responsibilities and protocols as set out in the FCM Annual Conference and Trade Show Host Municipality Handbook, provided separately. 8.8. The Host Municipality remains under the obligations imposed by this Agreement, even if portions of the Agreement are assigned or subcontracted. Similarly, FCM is not responsible for any liability imposed by a subcontractor or assignee. 8.9. Subject to the preceding provisions of this section, the Agreement shall to the benefit of, and shall be binding upon, the successors and assigns of FCM and the Host Municipality. 9. INDEMNIFICATION The Host Municipality shall indemnify and save harmless FCM from and against all claims. damages, losses, costs and expenses relating to any injury or death of a person, or loss of or damage to property, caused or alleged to have been caused as a result of the Host Municipality's performance of its obligations under this Agreement. FCM shall indemnify and save harmless the Host Municipality from and against all claims, damages, losses, costs and expenses relating to any injury and death of a person, loss of or damage to property, caused or alleged to have been caused as a result of FCM's performance of its obligations under this Agreement. 10. COPYRIGHT AND PATENTS 10.1 Copyright in artistic work and text produced for FCM's 2014 Annual Conference and Trade Show, including, but not limited to, logos, brochures, photographs, and webcasts (the "Productions") will belong to FCM. FCM will acknowledge the contribution of the Host Municipality in any publication of that work, which acknowledgment will be in a form acceptable to the Host Municipality, acting reasonably. 10.2 FCM grants to the Host Municipality a perpetual, non-exclusive license to use the Productions for its municipal purposes. 10.3 FCM shall retain title to any report, photograph, drawing, or plan produced by the Host Municipality in performing the Agreement. FCM reserves the right to request this material from the Host Municipality. Page 8 of 10 10.4 FCM grants to the Host Municipality a perpetual, non-exclusive, non-transferable license to use the Productions (which shall include the right to publish the Productions or parts thereof on the Host Municipality's website and publications) (the "License"), subject to the following terms and conditions: a) the License shall commence immediately after the completion of FCM's 2014 Annual Conference and Trade Show in Niagara Falls, Ontario; b) the License shall terminate on the earlier of: (i) the Host Municipality ceasing to be a member of FCM; (ii) the breach by the Host Municipality of any term of this agreement; and (iii) the early termination of this Agreement my mutual consent of the parties or by reason of a breach of this Agreement by a party hereto; c) the Host Municipality shall not be entitled to reproduce any logo or name appearing in the Productions that is not owned by FCM; d) except as set out in paragraph 10.4(c), the Host Municipality shall not alter the Productions in any way without the prior written consent of FCM; e) the License shall be for the express and limited purpose of permitting the Host Municipality to promote itself to the citizens of the Host Municipality as well as to promote its convention centre in order to demonstrate its ability to host conventions of the size and sophistication of the 2014 FCM convention held in the Host Municipality. 10. AMENDMENTS Any amendment to this Agreement shall be the subject of a written agreement between the Parties and shall be signed by the authorized representatives of the Parties. The new agreement shall be an integral part of this Agreement and will take effect on the date agreed to by the Parties. 11. NOTICE Any authorization or approval and any notice required by this Agreement shall, in order to be valid and bind the Parties, be given in writing and be given in person or transmitted by fax, electronic mail, courier service or by regular or registered mail to the address of the concerned party, as indicated hereafter: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Ms. Simone Gagnon Director— Corporate and Member Communications Tel: 613-907-6269 Fax: 613-241-7440 Email: sgagnon @fcm.ca Page 9 of 10 The City of Niagara Falls Attention: Mayor James M. Diodati P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Tel: 905-356-7521 ext, 4201 Fax: 905-374-3557 The Regional Municipality of Niagara Attention: Gary Burroughs Regional Chair, Niagara Region 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-734-4851 Fax: 905-687-4977 Email: gary.burroughs @niagararegion.ca Any authorization or approval or any notice sent by fax, electronic mail or next day courier service shall be deemed to have been received the day after it was sent. Any other item sent by regular or registered mail shall be deemed to have been received five (5) days after being mailed out. Either Party must be notified of any change of address concerning the other Party. The Parties acknowledge having read and agreed to each and every clause contained in this Agreement. IN WITNESS THEREOF, the Parties have signed this Agreement, in two (2) copies at the dates and locations mentioned hereafter. THE FEDERATION OF CANADIAN MUNICIPALITIES Signed in Ottawa, on this-2/ day of , 20/- By: ? _ Brock Carlton — Witness Chief Executive Officer I have authority to bind the Corporation Page 10 of 10 THE CITY OF NIAGARA FALLS Signed in Niagara Falls on this day of 20 By: Mayor James M. Diodati Witness Mayor, City of Niagara Falls I have authority to bind the Corporation THE REGIONAL MUNCIPALITY OF NIAGARA Signed in Thorold on this day of 20 By: Gary Burroughs Regional Chair, Niagara Region By: Janet Pilon Regional Clerk, Niagara Region We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an agreement between the Tourist Partnership of Niagara (TPN) and the Corporation of the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between the Tourist partnership of Niagara (TPN) and the Corporation of the City of Niagara Falls respecting the annual New Year's Eve show, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this tenth day of September, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013 The Tourism Partnership of Niagara Funding Agreement—New Year's Eve Event THIS AGREEMENT made as of this day of , 2013 BETWEEN : The Tourism Partnership of Niagara (the "TPN") AND City of Niagara Falls (the 'Recipient') WHEREAS the Recipient is hosting an Event as more particularly described in Schedule "C" hereto; AND WHEREAS the TPN wishes to provide support to the Recipient for the purpose of assisting with the Event for the benefit of the people of Niagara region; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: This Agreement, including: Schedule "K - General Terms and Conditions Schedule "B" - Event Specific Information and Additional Provisions Schedule "C" - Event Description and Timelines Schedule "D" - Budget Schedule "E" - Reporting Requirements constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. There are no other agreements, understandings. representations, warranties, collateral agreements or conditions affecting this Agreement except as expressed or anticipated in it. IN WITNESS WHEREOF, the TPN and the Recipient have respectively executed and delivered this Agreement as of the date set out above. The Tourism Partnership of Niagara Authorized Signing Officers Date Janice Thomson Co-Chair, Board of Directors. I have authority to bind the Recipient Date Robin Garrett CEO. I have authority to bind the Recipient The Recipient Authorized Signing Officers Date I have authority to bind the Recipient Date I have authority to bind the Recipient 1 SCHEDULE "A" GENERAL TERMS AND CONDITIONS 1.0 Definitions 1.1 When used in this Agreement, the following terms will have the meanings ascribed to them below: (a) "Additional Funding Requirements" means the requirements referred to in paragraph 3.3(b) and as specified in Schedule "B"; (b) "Additional Provisions" means the terms and conditions referred to in section 10.1 and as specified in Schedule "6"; (c) "Agreement" means this agreement (including the cover and execution pages and all of the schedules) entered into between the TPN and the Recipient and any instrument amending this agreement; (d) "Budget" means the Event budget set out in Schedule "D"; (e) 'Claims" means any and all liability, loss, costs, damages and expenses (including legal fees), causes of action, actions, claims, demands, lawsuits or other proceedings; (f) "Expiration Date" means the date on which this Agreement will expire and is the date set out in Schedule "B"; (g) "Funding" means the funds provided to the Recipient by the TPN pursuant to this Agreement and will be payable in lawful money of Canada; (h) "Maximum Funding" means the maximum amount of the Funding to be provided as set out in Schedule "B"; and 2.0 Term of Agreement 2.1 The term of this Agreement will commence on the date set out on the first page of this Agreement and will expire on the Expiration Date unless terminated earlier pursuant to Article 17.0 or 29.0. 3.0 Funding 3.1 The TPN will provide Funding up to the Maximum Funding to the Recipient for the purpose of supporting the Event. 3.2 The TPN will disburse the Funding according to the payment schedule provided in Schedule "B". 3.3 Despite sections 3.1 and 3.2, the TPN: (a) will not provide any Funding to the Recipient until the insurance requirements described in Article 14.0 have been met and any Additional Funding Requirements have been met; and (b) shall not provide Funding instalments unless it is satisfied with the progress of the Event. 3.4 The amount of Funding to be provided to the Recipient is based on the net costs to the Recipient. net of any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. 2 4.0 Event 4.1 The Recipient will carry out the Event and will do so in compliance with the description set out in Schedule "C" and all federal, provincial or municipal laws or regulations, or any orders, rules or by-laws related to any aspect of the Event. The TPN is not responsible in any way for the carrying out of the Event. 4 2 The Recipient will not make any significant changes to the Event without the prior written consent of the TPN. 4 3 The Recipient will carry out the Event in accordance with the timelines provided in Schedule "C". 5.0 Budget 5.1 The Recipient will only use the Funding for the purpose of carrying out the Event and will expend those funds only in accordance with the Budget. 5.2 The Recipient will not make any significant changes to the Budget without the prior written consent of the TPN. 5 3 Funding cannot be used towards any costs not directly associated with carrying out the Event. 6.0 Tendering for Goods and Services and Disposal of Assets 6.1 The Recipient will manage the Event wisely and prudently achieving value for money. The Recipient will acquire all supplies, equipment and services, including any advertising-related services, purchased with the Funding through an appropriate competitive process. Subject to section 7.3, where the purchase price exceeds $5,000. the Recipient will, at a minimum, obtain at least three written quotes (a) unless the Recipient can demonstrate that the supplies, equipment or services the Recipient is purchasing is specialised and is not readily available. (b) the expertise the Recipient is purchasing is specialised and is not readily available; or (c) it is unreasonable for the Recipient to obtain three (3) written quotes because the Recipient has already researched the market for another similar purchase and knows the market. 6.2 In carrying out a competitive process, the Recipient must: a) develop a clear description of the Event which includes sufficient details concerning the requirements; and b) apply a consistent, transparent and objective evaluation criteria. 6.3 The Recipient will not without the TPN's prior written consent sell, lease or otherwise dispose of any assets purchased with the Funding, the purchase price of which exceeds $1,000. 7.0 Conflict of Interest 7.1 The Recipient will carry out the Event and use the Funding in a manner that no person associated with the Event in any capacity will have a potential or actual conflict of interest. 7.2 For these purposes, a conflict of interest includes a situation in which a person associated with the Event or any member of his or her family is able to benefit financially from his or her involvement in the Event. Nothing in this Article prevents the Recipient from reimbursing its volunteers for their reasonable 3 out of pocket expenses incurred in connection with the Event. 7.3 The Recipient will disclose to the TPN without delay any situation that may be reasonably interpreted as either an actual or potential conflict of interest. 8.0 Representations,Warranties and Governance 8.1 The Recipient represents warrants and covenants that: (a) it is, and shall continue to be for the term of this Agreement, a validly existing legal entity with full power to fulfill its obligations under this Agreement; (b) it has the experience and expertise necessary to carry out the Event; and (c) all information (including information relating to any eligibility requirements for Funding) the Recipient provided to the TPN in support of its request for funding was true and complete at the time the Recipient provided it, and shall continue to be true and complete for the term of this Agreement, in every respect except as set out to the contrary in this Agreement. (d) is financially stable to undertake this project as confirmed through their financial institution in writing. 8.2 The Recipient represents and warrants that: (a) it has the full power and authority to enter into this Agreement; and (b) it has taken all necessary actions to authorize the execution of this Agreement. 8.3 The Recipient represents, warrants and covenants that it has (a) established, and shall maintain for the period during which this Agreement is in effect, by-laws or other legally necessary instruments to: (i) establish decision-making mechanisms; (ii) provide for the prudent and effective management of the Funding; (iii) establish procedures to enable the successful completion of the Event; and (iv) establish procedures to enable the preparation and delivery of all reports required pursuant to Article 11.0. 8.4 Upon request. the Recipient shall provide the TPN with proof of the matters referred to in this Article. 9.0 Further Conditions 9.1 The Recipient will comply with any Additional Provisions. 9.2 The Recipient acknowledges that the TPN may impose further terms and conditions on the use of the Funding, which it considers appropriate for the proper expenditure and management of the Funding and the carrying out and completion of the Event. 10.0 Reporting, Accounting and Review 10 1 The Recipient will submit to the TPN: (a) Progress reports and other reports as specified in Schedule"E"; and (b) Such other reports as the TPN may require from time to time. (c) Final progress report within 45 business days of the Event. 10.2 The Recipient will deliver all reports in a form (or following templates or guidelines) satisfactory to the TPN, as may be communicated by the TPN from time to time. 10.3 The Recipient: 4 (a) will keep and maintain all financial records, invoices and other financially-related documents relating to the Event or otherwise to the Event in a manner consistent with generally accepted accounting principles and clerical practices; (b) will maintain such records and keep them available for review or investigation by the TPN for a period of seven (7) years from the date of the expiry or termination of this Agreement; and (c) will maintain all non-financial documents and records relating to the Funding or otherwise to the Event, including any records it receives about its members, in a confidential manner consistent with all applicable law. 10.4 The TPN or its authorized representatives may, upon twenty-four (24) hours' notice to the Recipient and during normal business hours: (a) enter upon the Recipient's premises to review the status and manner of operation of the Event; (b) inspect and copy any financial records, invoices and other financially-related documents in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Event; (c) inspect and copy non-financial records in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Event, except that, where such records relate to a third party served by the Event, the TPN will obtain the consent of the third person before inspecting or copying such records; and (d) conduct a full or partial audit or investigation of the Recipient in respect of the Event. 10.5 The Recipient will cooperate with the TPN in respect of the exercise of the TPN's rights set out in section 11.4, and the Recipient will provide any information in respect of the Funding or the Event that the TPN may reasonably request. 10.6 The purposes for which the TPN may exercise its rights under this Article include: (a) determining for what items and purposes the Recipient expended the Funding; (b) determining whether and to what extent the Recipient expended the Funding with due regard to economy and efficiency; and (c) determining whether the Recipient is carrying out the Event effectively and in accordance with the terms of this Agreement. 10.7 The purposes for which the TPN may exercise its rights under this Article include; (a) determining for what items and purposes the Recipient expended the Funding (b) determining whether and to what extent Recipient expended the Funding with due regard to economy and efficiency; and (c) (d) determining whether Recipient completed the Event effectively and in accordance with the terms of this Agreement. 11.0 Limitation of Liability 11.1 The TPN, its officers, employees and agents will not be liable to the Recipient. its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors for Claims howsoever caused that arise out of or are in any way related to the Event or this Agreement. 5 12.0 Indemnity 12.1 The Recipient will indemnify and hold harmless the TPN from and against any and all Claims, by whomever made, sustained, incurred, brought or prosecuted, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Recipient, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors in the course of carrying out the Event under, or otherwise in connection with, this Agreement. The Recipient further agrees to indemnify and hold harmless the TPN for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organisation, including, without limitation, the TPN, claimed or resulting from such Claims. 13.0 Insurance 13.1 The Recipient hereby agrees to put in effect and maintain insurance for the term of this Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B + or greater, or the equivalent, all the necessary insurance that is appropriate for a prudent person in the business of the Recipient would maintain including, but not limited to, the following: (a) commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence. The policy is to include the following clauses: (i) the TPN as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, this Agreement: (ii) cross-liability clause; (iii) contractual liability coverage; and (iv) thirty (30) day written notice of cancellation, termination or material change. 13.2 Before beginning the Event, the Recipient will provide the TPN with a valid Certificate of Insurance that references the Event and confirms the above requirements. The Recipient will provide the TPN with a copy of the policy and any renewal replacement certificates as may be necessary. 14.0 Acknowledgments/ Public Communications 14.1 The Recipient: (a) will acknowledge, in a format approved by the TPN, the support of the TPN in all material including but not limited to print, electronic, television and radio related to the Event; (b) will advise the TPN in writing of any public communication, interview, media Event, report or presentation that is expected to refer to the Event and provide the opportunity for the TPN to be present where appropriate. The Recipient will provide the TPN with a minimum of ten (10) business days prior written notice of such Events, or as soon as the Recipient is aware of such Events; (c) will not make any public announcement, news release, advertising or other form of publicity regarding the Funding until permission to do so is received from the TPN; and (d) where applicable, will include a statement in any materials related to the Event that the views expressed in such materials are the views of the Recipient and do not necessarily reflect those of the TPN. 15.0 Termination and Corrective Action 15.1 The TPN may terminate this Agreement immediately upon giving notice to the Recipient if: 6 (a) in the opinion of the TPN: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the TPN; (ii) the Recipient breaches any provision of this Agreement; (iii) the Recipient is unable to complete the Event or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the Event; (b) the nature of the Recipient's business, or its corporate status, changes so that it no longer meets any applicable eligibility requirements under which the TPN is providing the Funding: (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver: or (d) the Recipient ceases to carry on business. 15.2 If the TPN considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement. the TPN may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the TPN will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the TPN that the Recipient cannot completely remedy the breach within that time or such further period of time as the TPN considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the TPN. 15.3 If the TPN has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the TPN that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the TPN considers reasonable: or (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the TPN, The TPN may immediately terminate this Agreement by giving notice of termination to the Recipient. 15 4 Despite the TPN's right to terminate this Agreement pursuant to section 17.1, the TPN may, in addition to and in the alternative to section 17.2, choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the TPN determines, to ensure the successful completion of the Event in accordance with this Agreement. 15.5 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. 16.0 Funding Upon Termination 16.1 Upon termination of this Agreement pursuant to either Article 16.0 or 29.0, the TPN may: (a) cancel all further Funding instalments; and/or 7 (b) demand the repayment of any Funding (including any interest) remaining in the possession or under the control of the Recipient; and the TPN will determine the Recipients reasonable costs to terminate the Event(if such action is necessary) and allow the Recipient to set-off such costs against the amount owing by the Recipient to the TPN. In no Event will the TPN be responsible for any amount by which the costs exceed the amount owing. 16.2 Upon termination of this Agreement pursuant to Article 17.0, the TPN may: (a) cancel all further Funding instalments; and/or (b) demand the repayment of the Funding in whole or in part(including any interest), or an amount equal thereto. 17.0 Recipient's Repayment of Funds 17.1 If the TPN demands the payment by the Recipient of any Funding or interest on the Funding pursuant to this Agreement, the amount demanded will be deemed to be a debt due and owing to the TPN by the Recipient, and the Recipient will pay the amount to the TPN immediately unless the TPN directs otherwise. 17.2 The TPN may charge the Recipient interest on any amount owing by the Recipient at the then current interest rate charged by the province of Ontario on accounts receivable. 17.3 The Recipient will pay the amount demanded by cheque payable to the Minister of Finance, Ontario. 17.4 The Recipient agrees that any part of the Funding which has not been used or accounted for by the Recipient by the time this Agreement expires or is terminated will be used only for the purposes agreed upon by the TPN or will be returned to the TPN immediately on the written request of the TPN. 18.0 Notices 18.1 Any notice or communication required or permitted to be given under this Agreement will be: (a) in writing; (b) delivered personally or by pre-paid courier, or sent by facsimile, certified or registered mail or postage pre-paid mail with receipt notification requested; and (c) addressed to the other party as provided in Schedule "B" or as either party will later designate to the other in writing. 18.2 All notices will be effective: (a) at the time the delivery is made if the notice is delivered personally, by pre-paid courier or by facsimile; or (b) three (3) days after the day the notice was deposited in the mail if the notice is sent by certified, registered or postage prepaid mail, unless the day the notice is effective falls on a day when the TPN is normally closed for business, in which case the notice will not be effective until the next day that is a day when the TPN is normally open for business. 19.0 Severability of Provisions 19.1 The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement and any invalid or unenforceable provision will 8 be deemed to be severed. 20.0 Amendment and Waiver 20.1 No amendment of or addition to this Agreement will be valid unless it is in writing and signed by each party. 20.2 A waiver of any failure to comply with any term of this Agreement will be in writing and signed by the party providing the waiver. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. 21.0 Independent Parties 21.1 The parties are and will at all times remain independent of each other and are not and will not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations will be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint venture, partnership or employment and neither party will be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person nor with respect to any other action of the other party. 22.0 Assignment of Agreement or Funding 22.1 The Recipient will not assign this Agreement or the Funding or any part thereof without the prior written consent of the TPN, which consent may be unreasonably and arbitrarily withheld. 22.2 This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns. 23.0 Governing Law 23.1 This Agreement and the rights, obligations and relations of the parties to this Agreement will be governed by and construed in accordance with the laws of the province of Ontario. The parties irrevocably attorn and submit to the exclusive jurisdiction of the courts of the province of Ontario and all courts competent to hear appeals therefrom. 24.0 Further Assurances and Consents 24.1 The parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 24.2 The Recipient acknowledges that the TPN may impose conditions on any consent it provides pursuant to this Agreement. 25.0 Circumstances Beyond the Control of Either Party 25.1 Neither party will be responsible for damage caused by delay or failure to perform under the terms of this Agreement resulting from matters beyond the control of the TPN and the Recipient including strike. lockout or any other action arising from a labour dispute, fire, flood, act of God, war, riot or other civil insurrection, lawful act of public authority, or delay or default caused by a common carrier which cannot be reasonably foreseen or provided against. 26.0 Survival 26.1 Upon the expiration or termination of this Agreement, the provisions in Articles 6.0 (Holding of Funding), 11 0 (Reporting, Accounting and Review), 12.0 (Limitation of Liability), 13.0 (Indemnity), 15.0 (Credit), 18.0 (Funding upon Termination), 19.0 (Recipient's Repayment of Funds), 28.0 (Survival), 32.0 (FIPPA) and section 7.4 will survive. 9 27.0 Appropriation 27.1 Despite any other provision of this Agreement, any payment by the TPN under this Agreement is subject to there being an appropriation for the Fiscal Year in which the payment is to be made and there being funds available. Furthermore, should the TPN's funds be reduced or otherwise become unavailable by non-appropriation by the Legislative Assembly of Ontario, the TPN may (1) reduce the amount of the Funding and/or(2) in accordance with section 18.1 terminate this Agreement immediately upon giving notice to the Recipient. 28.0 Interpretative Value of Agreement Documents 28.1 In the Event of any of conflict or inconsistency between any of the Schedules to this Agreement, Schedule "A" will prevail over any of the other Schedules. 28.2 The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and will not affect the construction or interpretation of this Agreement. 29.0 Counterparts 29.1 This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Agreement will be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. This Agreement may be executed and delivered by facsimile signatures and will be binding on all parties as if executed by original signature and delivered personally. 30.0 Freedom of Information and Protection of Privacy Act (FIPPA) 30.1 The Recipient acknowledges that the TPN is bound by the Freedom of Information and Protection of Privacy Act R.S.O. 1990, c.f. 31, as amended from time to time, and that any information provided to the TPN in connection with this Agreement is subject to disclosure in accordance with the requirements of that Act. 30.2 The Recipient acknowledges that the TPN may make public the name and business address of the Recipient, the amount of the Funding and the purpose for which the Funding has been provided. 31.0 Time of Essence 31.1 Time will be of the essence in all respects. No extension of or waiver pursuant to this Agreement will operate as a waiver of this provision. 32.0 Number and Gender 32.1 This Agreement will be read with all changes in gender or number as required by the context. 33.0 Joint and Several 33.1 Where the Recipient is made up of two or more entities, each such entity will be jointly and severally liable (each completely and individually liable) to the TPN for the fulfillment of the obligations of the Recipient under this Agreement. - END OF GENERAL TERMS AND CONDITIONS - I0 SCHEDULE "B" EVENT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS EVENT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funding $ 50,000.00 Funding Instalments Dates — Amounts— Provisos (if applicable) $ 45,000.00 on Nov. 15, 2013 provided this Agreement has been signed by both parties and the requirements of subsection 3.3 of Schedule"A" of this Agreement have been met. $ 5,000.00 provided that the TPN has received an "Event Summary Report", which includes a detailed financial report within 45 days after the event. Expiration Date Dec. 31, 2013 Robin Garrett, CEO Address for notice if The Tourism Partnership of Niagara to the TPN 5881 Dunn St., Niagara Falls, ON L2G 2N9 Phone: 289.477.5344 Email: robin.garrett©niagarasrto corn Address for notice if Serge Felicetti, Director of Business Development to the Recipient City of Niagara Falls 4310 Queen St., PO BOX 1023 Niagara Falls, ON L2E6X5 Phone: 905.356.7521 Email: sfelicetti nia arafalls ca Additional Funding 1. Insurance coverage as per article 13.0 on or before Nov. 15, 2013 Requirements 2 Proof/Confirmation of funding from all partners in writing for a total of$1,202,500.00 i 3. Completed Schedules C & D (see attached) • 4. Coordination of marketing plans with TPN's Director of Marketing. 11 SCHEDULE "C" EVENT DESCRIPTION AND TIMELINES 12 SCHEDULE "D" FINAL BUDGET BOd t n. dX4it. Y r 4 tM tam REVENUE— Financial Support I i EXPENSES I � NET1 13 SCHEDULE "E" REPORTING REQUIREMENTS ReporUProduct Due Date Description/Reference Updated information Nov. 01, 2013 Completed Schedule C & D • • Insurance Coverage Nov. 01, 2013 See Article 13.0 • Marketing Components Nov. 15, 2013 Meeting with TPN's Director of Marketing Final Report Jan, 20, 2014 Must be submitted on the TPN Final Report format Requirements of a Final Report: The Final Report will include but not be limited to: 1. Description of all the activities to date linked to the Event Description as outlined in Schedule C 2. Report on milestones and performance measures 3. Detailed event expenditures and revenues, all of which are recorded using the accrual based accounting method. 4. Explanation of variance between anticipated expenditures and/or achievements and actuals 5. Copies of all advertising products produced using the funds, including hard copies of materials developed, urls etc. 6. Number and types of activities 7. Any other details that may be requested by the TPN Expected Outcomes/Performance Measurement Performance measures will include but not be limited to: • #of CDN and US TV viewers and variance (+/-) to last year's event • # in attendance and variance (+/-) to last year's event broken down by Ontario and US visitors • #of overnight stays and variance (+/-) to last year's event • Details of Global On-Air support and $$ value of same. • Details of Shaw Media support and $$ value of same. • Details of ET Canada support and $$ value of same • #of hits on GlobalTV.com and (+/-) to last year's event. 14 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a Municipal Contribution Agreement between the Ontario Lottery & Gaming Corporation"OLG" and the Corporation of the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . An Agreement made between the Ontario Lottery&Gaming Corporation"OLG"and the Corporation of the City of Niagara Falls respecting a Municipal Contribution Agreement, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this tenth day of September, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013 MUNICIPALITY CONTRIBUTION AGREEMENT THIS AGREEMENT is made as of the day of , 2013. BETWEEN: ONTARIO LOTTERY AND GAMING CORPORATION, a statutory corporation established under the Ontario Lottery and Gaming Corporation Act, 1999(Ontario)with its head office located at 70 Foster Drive, Suite 800, Sault Ste. Marie, ON P6A 6V2 and its corporate office located at 4120 Yonge Street, Suite 420, Toronto, ON M2P 2B8, facsimile number 416-224-7003 (hereinafter referred to as "OLG'-) OF THE FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, with its administrative office located at 4310 Queen Street, Niagara Falls, ON L2E 6X5, facsimile number 905-374-3557 (hereinafter referred to as the "Municipality") OF THE SECOND PART WHEREAS OLG has the authority to conduct and manage lottery schemes within the meaning of subsection 207(4) of the Criminal Code (Canada) and subject to the Gaming Control Act. 1992 (Ontario), including Electronic Games and Live Table Games; AND WHEREAS OLG conducts and manages gaming sites at 5705 Falls Avenue,Niagara Falls, ON. L2E 6T3 and 6380 Fallsview Boulevard, Niagara Falls, ON, 1.2G 7X5 (the"Location"): AND WHEREAS the parties acknowledged it would be in the public interest for the host Municipality of the Location to have access to funds which may be used, at the discretion of the or and Council, for municipal purposes such as services relating to registering property,transit services and passenger transportation services; NOW THEREFORE in consideration of the respective covenants and agreements,representations. warranties and indemnities herein contained and other good and valuable consideration(the receipt and sufficiency of which are acknowledged by each party hereto) the parties agree as follows: FINAL MCA June 2013 - 2 - 1. Definitions As used herein, including the foregoing recitals, the following terms shall have the respective meanings indicated below: (a) "Annual Contribution" has the meaning set forth in Section 3(a); (b) `'Annual Contribution Quarterly Payment" has the meaning set forth in Section 4(a); (c) "Casino Games"means Electronic Games, Live Table Games and such other casino games and promotional schemes that are, in each case, conducted and managed by OLG from time to time during the Term at the Location; (d) "Effective Date"" means April 1, 2013 or such later date as OLG may specify; (e) "Effective Date of Termination' has the meaning set forth in Section 2; (t) "Electronic Games"means all electronic gaming devices, including but not limited to reel-type and video-type slot machines,electronic table games and dealer assisted electronic games, in each case, whether or not a live dealer is present to enable or control game play; (g) "Electronic Games Revenue"" means, for any period, the sum of net revenue generated from Electronic Games at the Location, calculated in accordance with International Financial Reporting Standards or such other Canadian generally accepted accounting principles as OLG adopts from time to time in its sole discretion. For greater certainty, the Electronic Games Revenue will only include net revenue generated from the Electronic Games at the Location and will not include any revenue whatsoever from other products or services provided by OLG at the Location in the Municipality; (h) "Live Table Games- means games operated by a live dealer at a single gaming table, but excluding Electronic Games; (i) "Live Table Games Revenue"" means, for any period, the sum of net revenue generated from Live Table Games at the Location, if any, calculated in accordance with International Financial Reporting Standards or such other Canadian generally accepted accounting principles as OLG adopts from time to time in its sole discretion. For greater certainty, the Live Table Games Revenue will only include net revenue generated from the Live Table Games at the Location and will not include any revenue whatsoever from other products or services provided by OLG at the Location in the Municipality; (j) "Location' has the meaning set forth in the recitals to this Agreement; (k) "Operating Year""means each period from April I"to March 31st inclusive,during the Term, to the end of the Term, except that the first Operating Year shall be the FINAL MCA June 2013 - 3 - period beginning on the Effective Date and ending on the following March 3 IS`and if this Agreement shall be terminated effective on a date other than March 31" in any year, then the period from April 15` of the calendar year in which such termination occurs (or April 1s` of the immediately preceding calendar year if the date of termination occurs in January, February or March) to such effective date of termination shall be treated as an Operating Year; (1) "Overpayment" has the meaning set forth in Section 4(c): and (m) "Term" means the period of time referred to and described in Section 2 hereof. 2. Term and Termination The term of this Agreement (the "Term") will become effective on the Effective Date and will terminate at the earliest of (a) the date on which all Casino Games are no longer conducted and managed by OLG in the Municipality at the Location; (b) the date on which any license,permit, approval,consent and/or other permission that may be required for the continued use and operation of the Casino Games at the Location in the Municipality is no longer available, becomes invalid or ceases to have effect; (c) the effective date of written notice of termination provided by OLG to the Municipality, which effective date must be specified by OLG in such notice; provided, however, that such effective date shall be at least 30 days following the date of such notice. OLG will endeavour to provide more than 30 days' notice. and. where not practicable to do so, OLG shall: (i) explain, in said notice, why it is not practicable to do so. subject to any confidentiality concerns,as well as setting out in such notice the length of the time period equal to the difference between: (A) 365 days; and (B) the number of days' notice actually given by OLG. For greater certainty. such time period shall not exceed 335 days; and (ii) pay to the Municipality, in accordance with the timelines in Section 4. amounts which aggregate OLG's estimation of the Annual Contribution Quarterly Payment that OLG would have paid in respect of the time period referred to in subsection 2(c)(i) above had this Agreement not been terminated in accordance with this Section 2(c); and (d) the date mutually agreed to in writing between OLG and the Municipality (the"Effective Date of Termination"). FINAL MCA June 2013 - 4 - 3. Payments (a) During the Term and subject to the terms and conditions of this Agreement, the Municipality shall be entitled to receive from OLG in respect of each Operating Year the amount (the "Annual Contribution") equal to the sum of A + B, where: A is the aggregate (without duplication) of: (i) 5.25% of the Electronic Games Revenue, if any, generated in such Operating Year that is less than or equal to $65 million; plus (ii) 3.00% of the Electronic Games Revenue, if any, generated in such Operating Year, that is more than$65 million and less than or equal to $200 million; plus (iii) 2.50% of Electronic Games Revenue, if any, generated in such Operating Year, that is more than $200 million and less than or equal to $500 million; plus (iv) 0.50% of Electronic Games Revenue, if any, generated in such Operating Year, that is more than $500 million; and B is 4.00% of Live Table Games Revenue, if any, generated during such Operating Year. (b) Following the Effective Date, in the event any additional taxes, charges, conditions or requirements are imposed by the Municipality on OLG in respect of the continued operation of the Casino Games at the Location in the Municipality,the Municipality acknowledges and agrees that OLG shall be entitled to amend the calculation of the Annual Contribution in a way that may reduce the Municipality's entitlement. For greater certainty, the Annual Contribution for the first Operating Year shall be calculated based on Electronic Games Revenue and Live Table Games Revenue generated as of the Effective Date. 4. Timing and Calculation of Payments (a) Subject to Section 4(b), within twenty-one (21) days of the end of each Operating Year quarter during the Term, OLG shall pay to the Municipality the portion of the Annual Contribution (the "Annual Contribution Quarterly Payment") to which the Municipality is entitled for such Operating Year quarter. In calculating the portion of each Annual Contribution Quarterly Payment derived from Electronic Games. OLG will notionally aggregate all Electronic Gaines Revenue generated during such Operating Year in order to apply the correct percentage set out in Section 3(a). OLG will provide access to its most current audited consolidated financial statements once such are made public by the Ministry of Finance in public accounts. For example and by way of illustration only, Exhibit A to this Agreement sets out a sample calculation of the Annual Contribution. FINAL MCA June 2013 - 5 - (b) In the event the Effective Date of Termination of this Agreement occurs on or before the date that is twenty-one(21)days following the end of an Operating Year quarter, OLG shall, within fifteen(15)days of such Effective Date of Termination,pay to the Municipality the Annual Contribution Quarterly Payment to which it is entitled in respect of the period beginning on the first day of the Operating Year quarter in which such termination took place up to and including the Effective Date of Termination. (c) At any time and from time to time during an Operating Year and up to the date that is 60 days after the last day of such Operating Year, in the event OLG determines that there has been an overpayment ("Overpayment") by OLG to the Municipality of any Annual Contribution Quarterly Payment in such Operating Year, the Municipality acknowledges and agrees that OLG may deduct and set off the full amount of such Overpayment from future Annual Contribution Quarterly Payment(s) or, if there are insufficient future Annual Contribution Quarterly Payments to fully set off such Overpayment,the Municipality will promptly reimburse OLG for the full amount of such Overpayment(or the remaining amount thereof not already deducted as set-off). OLG will use its commercially reasonable efforts to effect any deduction and set-off pursuant to this Section 4 in a manner that recognizes the Municipality's desire to realize reasonable continuity in cash flow associated with the Annual Contribution. 5. Community Recognition Program (a) During the Term, the parties will collaborate in good faith to design and jointly implement the CRP for the promotion of the positive impact of the Annual Contribution on the Municipality and to promote and communicate to the public decisions made and initiatives taken by the Municipality regarding the deployment or other allocation of the Annual Contribution for municipal purposes. (b) It is expected that the CRP will include,at a minimum,one community event during each Operating Year during the Term, discussions and meetings on a regular basis between the appropriate representatives of each party relating to spending.allocation and deployment of the Annual Contribution, the allocation of responsibilities and obligations in respect of the development, operation and/or other activities and initiatives of the CRP. including but not limited to any program management functions to be performed by each party. ((2.) The Municipality will cooperate reasonably with OLG to facilitate messaging and communication of the CRP and its mandate. The Municipality will comply with all reasonable initiatives and requests proposed by OLG to the Municipality from time to time relating to the CRP and its initiatives, including but not limited to branding. marketing and public acknowledgements in respect of funding by OLG. (d) The Municipality will ensure that its marketing and advertising materials are not false, misleading or deceptive, do not portray OLG or customers of the Location or the general public in a disparaging manner, and that such marketing and advertising FINAL MCA June 2013 - 6 - materials are in compliance with the marketing and branding guidelines which OLG communicates to the Municipality from time to time. In the event the Municipality does not comply with OLG's marketing and branding guidelines, OLG may thereafter require the Municipality to submit all proposed advertising and marketing materials in relation to the matters set out herein to OLG for its review and approval not less than 15 business days prior to the expected use or distribution of such materials. 6. Entire Agreement This Agreement constitutes the entire agreement between the Municipality and OW with respect to the matters herein and, without limiting the foregoing, supersedes the reciprocal agreement dated September 11, 2000 between the parties and all prior agreements and understandings,oral or written. between the parties hereto or their respective representatives with respect thereto. 7. Further Assurances The parties agree to do,or cause to be done,all acts or things and execute all such further documents as may be necessary to implement and carry into effect this Agreement to its full extent. 8. Normal Costs of Development The parties acknowledge and agree that nothing herein shall operate to fetter any legislative or quasi- judicial jurisdiction of the Municipality, and in particular, it is understood and agreed by the parties that this Agreement does not preclude the Municipality from imposing upon occupants. owners or developers of the property at which the Casino Games are located,normal development related costs (including but not limited to the costs of infrastructure improvements under local or regional jurisdiction) arising from the Casino Games in the same manner and to the same extent as may be imposed by the Municipality on other occupants, owners or developers of land within the Municipality, and further that this Agreement does not preclude the Municipality from imposing such taxes, fees, charges. conditions or other requirements as may be imposed in accordance with applicable law upon owners, occupants, developers, properties or businesses in the Municipality (including, without limitation, realty taxes, development charges, conditions of site plan approval and sewer and water charges). 9. No liability of OLG The Municipality acknowledges and agrees that none of OLG and any provincial agency,ministry or crown corporation, nor any of their respective officers, directors, employees, agents or representatives shall be liable to the Municipality for or in respect of any claims (including but not limited to claims based in contract, tort or negligence, active or passive), any cause of action, demands, losses, liabilities or damages whatsoever (including but not limited to consequential. exemplary, special, punitive and indirect damages)arising out of,in respect of, or relating indirectly or directly to this Agreement, the Casino Games,the operation.cessation of operation or malfunction of any systems or equipment,or any injury to or death of any person. Furthermore,the Municipality releases OLG from any and all losses in respect of the foregoing. FINAL MCA June 2013 - 7 - 10. Notice Any notice or other communication permitted or required to be given by OLG to the Municipality shall be given by either posting the same by prepaid registered mail or by facsimile addressed to the Municipality at the address or facsimile number, as applicable, appearing in this Agreement or by personal delivery to the Municipality. Any notice or other communication permitted or required to be given by the Municipality to OLG shall be given by either posting the same by prepaid registered mail or by facsimile addressed to OLG at the following address or facsimile number,as applicable: 4120 Yonge Street, Suite 420,Toronto, ON M2P 2B8,facsimile number 416-224-7003. Any notice posted by pre-paid registered mail shall be deemed to have been received on the third business day following such mailing and any notice personally delivered or sent by facsimile shall be deemed to have been received at 5:00 p.m. on the day so delivered or sent by facsimile (if such day is a business day and if such notice is sent prior to 5:00 p.m. on that day, and if not, on the next following business day). During periods of a postal strike or of a general interruption of postal services, any notice shall be given by personal delivery or facsimile hereunder and shall be deemed to have been received on the second business day following posting of the same. 11. Relationship of Parties OLG acknowledges the Municipality's role as a host municipality of the Casino Games at the Location. The Municipality acknowledges and agrees that the Municipality is not an employee,agent or representative,joint venturer, or partner of OLG, and the Municipality shall not represent itself to others as being authorized to assume, incur or create any obligation of any kind(express or implied) on behal f of(or in the name of)OLG or any other provincial agency,ministry or crown corporation. or purport to bind OLG or any other provincial agency,ministry or crown corporation in any respect. For greater certainty,the Municipality acknowledges that OLG has, and shall have,the sole right to determine, from time to time and at any time,the number and type of Electronic Games operated at the Location. 12. Severability If any covenant or term herein or the application thereof to any person or entity, or in any circumstance,to any extent is held invalid or unenforceable, the remainder of this Agreement or the application of the term,covenant or condition to any person,event or circumstance,other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term.covenant and condition shall be valid and enforceable to the fullest extent permitted by law, except that if on the reasonable construction of this Agreement, as a whole, the applicability of the other provisions presumes the validity and enforceability of the particular provision, the other provisions will be deemed also to be invalid or unenforceable. 13. Governing Law This Agreement shall be interpreted and the rights of the parties shall be governed by and construed in accordance with the laws of the Province of Ontario. FINAL MCA June 2013 - 8 - 14. Attornment Each party irrevocably and unconditionally attorns to the exclusive jurisdiction of the courts of the Province of Ontario. 15. Recitals The recitals to this Agreement form part thereof, and this Agreement is to be construed accordingly. 16. Time Time shall in all respects be of the essence in this Agreement. 17. Counterparts This Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. 18. Disclosure The parties acknowledge that OLG is a Crown Agency and that it is subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, and that the Municipality is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c.M.56, as amended, and that, as a result, each party is required to observe certain legislative obligations with respect to the disclosure or non-disclosure of information, whether to government agencies or ministries, members of the public, or otherwise. 19. Modifications Excluding an amendment permitted under Sections 3(b)and 4(c), no amendment to this Agreement will be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party providing such waiver, and will be limited to the specific breach being waived. 20. Assignment No transfer, sale or assignment by the Municipality of this Agreement or the Municipality's rights hereunder is valid without the prior written consent of OLG. 21. Benefit of the Agreement This Agreement will enure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. 22. Electronic Execution Delivery of an executed signature page to this Agreement by any party by electronic transmission will be as effective as delivery of a manually executed copy of this Agreement by such party. FINAL MCA June 2013 - 9 - [Remainder of Page Left Intentionally Blank] FINAL MCA June 2013 - 10 - IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ONTARIO LOTTERY AND GAMING CORPORATION Per: Name: Rod Phillips Title: President and Chief Executive Officer I have the authority to bind OLG THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: c/s Per: Name: Title: I/We have authority to bind the Municipality. FINAL MCA June 2013 EXHIBIT A Calculation of Annual Contribution For example and by way of illustration only: if the Electronic Games Revenue and Live Table Games Revenue for an Operating Year is $650 million and$100 million respectively and as further described in Table A below, then the applicable Annual Contribution for such Operating Year would be $19,712,500: TABLE A Electronic Games Live Table Games Annual Contribution Revenue (in millions) Revenue (in millions) Quarterly Payment (in millions) Operating Year $100 $25 [0.0525 x $65) + (0.03 Quarter No. 1 (March x $35)] + [0.04 x $25] 1 —June 30) = $5.4625 Operating Year $175 $22 [0.03 x $100) + (0.025 Quarter No. 2 (July 1 x $75)] + [0.04 x $22] —September 30) = $5.755 Operating Year $170 $23 [0.025 x $170)] + [0.04 Quarter No. 3 x $23] = $5.17 (October 1 — December 31) Operating Year $205 $30 [0.025 x $55) + (0.005 Quarter No. 4 x$150)] + [0.04 x $30] (January I — March =$3.325 31) Total $650 $100 $19.7125 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10`h day of September, 2013. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the10`h day of September, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this tenth day of September 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 10, 2013 Second Reading: September 10, 2013 Third Reading: September 10, 2013