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2014/02/25 ye' e-H.H.Hzttze Niagaraf1alls COUNCIL MEETING February 25, 2014 PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of February 11, 2014 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REPORTS 1. CAO-2014-03 -City of Niagara Falls Agreement with Stanford Centre Volunteer Firemen's Association ( SCVFA)for the Sale and Lease Back of Firemen's Park 2014-28 A by-law to authorize the execution of a Commitment Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association. 2014-29 A by-law to authorize the execution of an Agreement of Purchase and Sale with The Stamford Centre Volunteer Firemen's Association, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2014-30 A by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association. 2. CAO-2014-01 - City of Niagara Falls Communications Plan 3. F-2014-11 - Economic Development Initiatives - Use of OLG Reserve Fund 4. CD-2014-02 - Filling the Council Vacancy - 2 - 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. F-2014-07 - Monthly Tax Receivables Report MW-2014-05 - DWQMS Operational Plan and Municipal Drinking Water Licence Renewal MW-2014-06 -North Street and Forsythe Street/Lewis Avenue Reconstruction Tender Award - Contract #2014-285-12 MW-2014-09 - 2014 Asphalt Patching - City Wide, Tender Award - Contract#2014-04 PBD-2014-15 -CB&FIG-2014-001,Commercial Building&Facade Improvement Grant 4620 Buckley Avenue Applicant: Peter Pateras and Valerie Budzinski MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Autism Ontario - requesting that April 2nd be proclaimed as "World Autism Awareness Day" with a related flag raising. RECOMMENDATION: For the Approval of Council. 2. Fresh Air Fund - requesting that March 20`h be proclaimed as "Fresh Air Fund Day". RECOMMENDATION: For the Approval of Council. 3. Frank B. Leslie-requesting that Cataract Avenue be renamed to honour Pat Simon. RECOMMENDATION: Refer to staff. 4. Sheri Kuchar - correspondence questioning why there is no by-law requiring residents to shovel the sidewalks in front of their property. RECOMMENDATION: For the Consideration of Council. - 3 - Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. . . . . . RATIFICATION OF "IN CAMERA" MATTERS . . . . . PRESENTATIONS/DEPUTATIONS 6:30 P.M. Niagara Workforce Planning Board Adam Durrant, Research Associate, of the Niagara Workforce Planning Board, will do a presentation on labour trends. . . . . . BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2014-31 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. 2014-32 A by-law to amend By-law No. 79-200, to regulate the development of the German Village Estates plan of subdivision on the Lands (AM-2013-017). 2014-33 A by-law to amend By-law No. 79-200, to permit a five unit on street townhouse dwelling on the Lands (AM-2013-020). 2014-34 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of February, 2014. . . . . . NEW BUSINESS CAO-2014-03 Niagarafalls February 25, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2014-03 City of Niagara Falls Agreement with Stanford Centre Volunteer Firemen's Association (SCVFA) for the Sale and Lease Back of Firemen's Park RECOMMENDATION 1) Council authorize the purchase of land, known as "Firemen's Park" from the SCVFA; 2) Council authorize the lease of the parkland back to SCVFA; and further 3) The Mayor and Clerk be authorized to sign any necessary agreements. EXECUTIVE SUMMARY On December 10, 2013, Council instructed Staff to negotiate an agreement with the Stamford Centre Volunteer Firemen's Association (SCVFA) for the purchase of approximately 105 acres of land, know as Firemen's Park. This agreement will see the City purchase 105 ± acres of land for the purchase price of $900,000.00. The Club will retain ownership and control of the main Clubhouse building. In return, the City will lease back the park to the SCVFA for nominal consideration for a period of 99 years. The purchase of this property will ensure that the property stays in the public domain for generations to come and will always remain in a natural state. BACKGROUND Staff has had ongoing discussions with the SCVFA for several months regarding the future of the Firemen's Park property. In December 2013, Council authorized staff to finalize the agreement for the purchase of the lands by the City for the purchase price of$900,000.00. The City will then immediately lease the land back to the SCVFA for nominal consideration. The SCVFA will retain ownership of the "Clubhouse" on the site; however, should the SCVFA cease to exist at some time in the future, the Building will be transferred to the City at no cost and the lease of the parkland will lapse putting full control of the Clubhouse and the property back to the City of Niagara Falls. Other provisions of the agreement are as follows: February 25, 2014 -2 - CAO-2014-03 1) the SCVFA will continue to maintain Firemen's Park as a public park, 2) the City of Niagara Falls will provide a maintenance fee ($20,000 annually, plus inflationary increases) over the term of the agreement to assist with ongoing maintenance within the park, 3) the City will agree to keep the name "Firemen's Park" in perpetuity, 4) the land may never be severed or developed and must be maintained as a natural park setting — open to the public for their use and enjoyment 5) the SCVFA will use the proceeds of the sale to complete the Clubhouse currently under construction on the site, 6) the Clubhouse will serve as the base of operations for the SCVFA who will maintain and occupy the building, 7) the SCVFA agrees that the building will be available for community uses and meetings, 8) the City and the SCVFA will continue to explore other improvements to the park that are of benefit to the community. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The purchase of the Firemen's Park property will be accommodated from the City's Special Purpose Reserve (Surplus Land Sales). The annual operating fee ($20,000, plus inflationary adjustment) has already been incorporated into the 2014 Operating Budget. The building will be classified as a "municipal capital facility"and, therefore be exempt from taxes. CITY'S STRATEGIC COMMITMENT The purchase of the Firemen's Park property is in keeping with the Council's strategic practices and the Recreation Master Plan. The purchase will ensure that the 105 ± acres of land are preserved for public use for generations to come. Respectfully submitted: //'r✓r�U'�'` Ken odd, Chief Administrative Officer CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Commitment Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Commitment Agreement made between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association, respecting the purchase by the City of Firemen's Park located in the City of Niagara Falls; the completion of the construction of The Stamford Centre Volunteer Firemen's Association new headquarters building within Firemen's Park; and the Lease back of Firemen's Park to The Stamford Centre Volunteer Firemen's Association, subject to such terms and conditions as set out in the Commitment Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Commitment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Commitment Agreement. 4. This by-law will come into force when the Commitment Agreement has been properly executed by the parties thereto. Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014 THIS COMMITMENT AGREEMENT made this day of February, 2014. BETWEEN: THE CORPORATION OF THE CTY OF NIAGARA FALLS Hereinafter referred to as the "City" - and - THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Hereinafter referred to as the "SCVFA" RECITALS: A. For many years the SCVFA has undertaken, supported and facilitated programs and events in the City of Niagara Falls that the Council of the City considers to be in, and to serve, the public interest; B. The SCVFA is the owner of a parcel of land, which parcel of land is described in Schedule"A"to this Agreement and has an area of approximately 40.1 hectares(99 acres); C. The parcel of land referred to in recital "B" is known as "Firemen's Park"; D. As a part of its program of community service, the SCVFA has maintained Firemen's Park as a public park; E. The City is currently maintaining two specific areas of Firemen's Park pursuant to the terms of a Lease dated April 1, 2012, and made between the SCVFA as Lessor and the City as Lessee; these areas of Firemen's Park being known as the "Youth Complex Area" and the "Dog Park Area"; F. The part of Firemen's Park that is leased by the City from the SCVFA for the Youth Complex Area is described as Part 1 on Registered Plan 59R-12575; G. The part of Firemen's Park that is leased by the City from the SCVFA for the Dog Park Area is described as Part 1 on Registered Plan XXXXX; H. The SCVFA is in need of a headquarters building from which to continue to carry out their program of community service; - 2 - I. The SCVFA has partially completed the construction of a new headquarters building (the "Building") upon and within Firemen's Park; J. The Council of the City considers completion of the Building to be in the public interest; K. The Council of the City has agreed to purchase Firemen's Park from the SCVFA on the terms described in the Agreement of Purchase and Sale attached to this Agreement as Schedule "B"; L. The City will then immediately lease back Firemen's Park to the SCVFA for a term of ninety-nine (99) years on the terms set out in the form of Lease attached to this Agreement as Schedule "C"; M. The SCVFA will then complete and occupy the Building; N. Once completed, the Building will then serve as the base of operations for the SCVFA; O. The SCVFA will continue to maintain Firemen's Park to the same high standard that it has to date; P. The City will continue to maintain the Youth Complex Area and the Dog Park Area according to the terms of the Lease that is currently in place and as is described in recitals E through G, inclusive, of this Agreement; Q. The City will make all reasonable efforts to secure municipal capital facility status for Firemen's Park and the Building. PURPOSE: The parties acknowledge and agree that the purpose of this document is: (a) To record the agreement of the SCVFA with the City to apply all of the funds that the SCVFA receives from the City for the sale of Firemen's Park, to the completion of the construction of the Building and to use that Building as the headquarters of the SCVFA and for other community functions and events; (b) To record the commitment of the City and the SCVFA to ensuring that all of Firemen's Park achieves and continues to enjoy the status of a municipal capital facility as that term is defined in the Municipal Act, 2001, S.O. 2001 , c. 25, as amended, and the benefits, such as exemption from the municipal taxation and development charges, that attach to that status; and - 3 - (c) To record the ongoing commitments of the City with respect to the naming and development of Firemen's Park. TERMS: 1. The SCVFA agrees that it will apply all of the funds it receives from the sale, to the City, of the real property known as Firemen's Park (the "Funds"), to the completion of the Building. 2. The SCVFA acknowledges and agrees that the Building will be used for community functions and events, including the meetings and other operations of the SCVFA. 3. The SCVFA acknowledges and agrees that it must comply with paragraph 2 of this Agreement in order for the property and the Building to be operated as a municipal capital facility as that term is defined in the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 4. The SCVFA acknowledges and agrees that it understands that municipal capital facility status must be maintained in order for the Building and the balance of Firemen's Park to be exempt from municipal taxation, while leased to the SCVFA. 5. The City acknowledges and agrees that the funding requirements of the SCVFA occasionally requires the SCVFA to charge fees for the Building and other SCVFA property. 6. The City acknowledges and agrees that paragraph 1 of this Agreement does not obligate the SCVFA to expend all of the Funds upon the Building and that any part of the funds remaining after the Building is complete may be spent by the SCVFA as it sees fit, in its absolute discretion. 7. For greater certainty, it is acknowledged and agreed that the SCVFA must expend the Funds exclusively upon the Building prior to any expenditure of the Funds on any other function, operation or thing and that it is only upon completion of the Building that the SCVFA can engage in any form of discretionary spending of the Funds. 8. It is acknowledged and agreed that Firemen's Park will remain a public park. 9. It is acknowledged and agreed that Firemen's Park will not be subdivided. 10. It is acknowledged and agreed that Firemen's Park will not be further improved and will remain a natural area. 11. It is acknowledged and agreed that the City will not rename Firemen's Park. - 4 - 12. The City agrees that it will retain ownership of and will not convey all or part of Firemen's Park. 13. The City and the SCVFA agree to make all reasonable efforts to secure municipal capital facility status for Firemen's Park and the Building. 14. It is acknowledged and agreed that the recitals to this Agreement are true and as such, constitute a part of this Agreement. IN WITNESS WHEREOF the parties hereto have duly executed this Commitment Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Per: Name: Title: Name: Title: SCHEDULE "A" Firstly: Part of Township lots 6, 15 & 26 Stamford; part of the road allowance between Township Lots 15 and 26 Stamford designated as Part 1 on Reference Plan 59R-2933 except Parts 3 and 4 on Reference Plan 59R-3274; Part 3 on Reference Plan 59R-14103 except Part 1 on Reference Plan 59R-14683;subject to Instrument Number RO333097; Part Township Lot 6 Stamford subject to an easement over Part 1 on Reference Plan 59R-12397 as in Instrument Number SN44114; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64268-0452(LT). Secondly: Part of the road allowance between Townships of Niagara and Stamford; part Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4, 5) Stamford as in AA22173 & BB23108, lying south of the centerline of the road allowance between Townships of Niagara and Stamford, except BB52809& BB52810; part of Township Lot 6 Stamford; part of the road allowance between Township Lot 6 Stamford and Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4, 5) Stamford as in AA12580 &AA22173, subject to the interest of the Municipality, if any; all in the City of Niagara Falls, Regional Municipality of Niagara. Being all of PIN 64268-0014(LT). CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of an Agreement of Purchase and Sale with The Stamford Centre Volunteer Firemen's Association, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between The Corporation of the City of Niagara Falls as Purchaser, and The Stamford Centre Volunteer Firemen's Association as Vendor, for the property known as Firemen's Park, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. 4. This by-law will come into force when the Agreement of Purchase and Sale has been properly executed by the parties thereto. Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014 AGREEMENT OF PURCHASE AND SALE BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Purchaser") -and - THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION (hereinafter referred to as the"Vendor") WHEREAS the Vendor has agreed to sell and convey the Property(as hereinafter defined) to the Purchaser, on the terms and subject to the conditions hereinafter set forth; NOW THEREFORE this Agreement witnesses that in consideration of the covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows: 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and the Vendor hereby agrees to sell to the Purchaser, the lands legally described in Schedule "A", and being approximately+/-99 acres(40.1 hectacres,together with all easements,rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof), (hereinafter called the "Property"), upon the terms, conditions and provisions set forth in this offer(herein called the"Agreement"). 2. THE TRANSACTION BETWEEN THE VENDOR AND PURCHASER Title to the Property shall be transferred to the Purchaser in exchange for the purchase price,as a component of the entire transaction between the Parties to this Agreement. The entire transaction between the parties shall consist of: (a) the transfer of the title to the Property from the Vendor to the Purchaser in exchange for the purchase price, in the manner and upon the terms described in this Agreement; (b) the execution of a Lease of the property by the Purchaser to the Vendor upon the terms and in the form attached as Schedule"C"to the Commitment Agreement between the Purchaser and the Vendor; upon the terms and in the form to which this Agreement is attached as Schedule"B"; (c) the Vendor taking all reasonable steps to declare the Property, and any facilities operated by the Vendor upon the Property, to have the status of being declared a Municipal Capital Facility as that the term is defined in the Municipal Act,2001, S.O. 2001, c. 25,as amended,with all of the rights and privileges that are a part of that status; and (d) the Vendor and Purchaser entering into the Commitment Agreement between the Purchaser and the Vendor upon the terms and in the form to which this Agreement is attached as Schedule"B". 3. PURCHASE PRICE 3.1 The purchase price for the Property (herein called the "Purchase Price") shall be NINE HUNDRED THOUSAND DOLLARS ($900,000.00) in lawful money of Canada. -2 - 3.2 Upon acceptance of this Agreement, the sum of NINETY THOUSAND DOLLARS ($90,000.00)shall be paid in cash or by certified cheque to the Vendor, in trust, as a deposit pending completion or termination of this transaction. The deposit shall be placed in interest bearing form with a chartered bank or trust company and interest earned thereon shall form part of the deposit. The deposit and interest earned thereon shall hereinafter be referred to as the"Deposit'. The Deposit shall be held in trust pending completion or termination of this Agreement and shall be paid to the Vendor on the Closing Date and the full amount so paid shall be credited against the Purchase Price. If this Agreement is terminated prior to the Closing Date, the Deposit shall be forthwith returned to the Purchaser, without deduction. 3.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft,subject to adjustment to the Closing Date as provided hereafter in section 5. 3.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 4. HARMONIZED SALES TAX The Purchase Price does not include Harmonized Sales Tax ("HST") and, if this transaction is subject to HST, then applicable HST shall be in addition to the Purchase Price. All HST shall be collected and remitted as required by law. The Purchaser shall provide the Vendor with the Purchaser's HST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. The Vendor agrees to cooperate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to HST and to minimize the effect of the HST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of HST payable on closing to the Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any HST in respect of this transaction of purchase and sale. The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to HST, the Vendor agrees to provide to the Purchaser on or before the Closing Date, a written certificate certifying that the transaction is not subject to HST. 5. CLOSING 5.1 The closing of the transaction contemplated herein shall take place no later than thirty(30)days following the approval of this Agreement by the Council of the City of Niagara Falls at a time mutually agreed upon by the parties hereto and not later than 4:30 p.m. local time. "Business" day means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario. 5.2 The date agreed upon by the parties pursuant to section 5.1 above shall be known as the"Closing Date". 5.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L.4,as amended, and the Electronic Registration Act, 1991, S.O. 1991, c. 44, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non-registerable documents and other items (the "Non-Registered Deliveries") and the release thereof to the Vendor and Purchaser may, at the discretion of each parties' respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other documents to be registered in this transaction); and -3 - (b) be subject to conditions whereby the solicitor(s) receiving the Non- Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Vendor's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non-Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 5.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non-Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement;and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; and (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory/' for the Transfer/Deed has been electronically "signed' by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non-Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 5.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of the Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared, satisfactory to the Vendor at the Purchaser's expense. 5.6 The Vendor shall have the right, at its sole option, to terminate this Agreement or extend the Closing Date for a period or periods of time in the aggregate not exceeding ninety (90) days by notice in writing delivered to the Purchaser or its solicitor, at any time on or before the Closing Date or on or before any extended Closing Date, as the Vendor may determine in its sole and absolute discretion. If this Agreement is so terminated the Deposit shall be returned to the Purchaser without interest or penalty and the Vendor shall be wholly released from all liability whatsoever. In no event shall the Vendor be responsible for any costs, expenses, loss or damage incurred by the Purchaser and in any way related to this Agreement. 6. TITLE 6.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair,defects in workmanship and location of structures and subject to,without limitation,all easements,rights-of-way,rights of re-entry,by-laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use, and (a) any registered restrictions or covenants that run with the land providing that such are complied with and which are acceptable to the Purchaser, in its sole and absolute discretion,and which,in the Purchaser's view,do not adversely affect the intended use of the Property; -4 - (b) any registered municipal agreements and registered agreements with publicly regulated utilities, providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view,do not adversely affect the intended use of the Property: (c) any minor easements for the supply of domestic utility or telephone services to the Property or adjacent properties and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines,cable television lines or other services which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property. 6.2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with any copies of surveys, declarations of possession and environmental reports in the Vendor's possession or control or other statutory declarations relating to the Property with originals to be delivered on the Closing Date, if possible. 7. NO CHATTELS No chattels or equipment are included in the Purchase Price. 8. UFFI The Vendor has no knowledge of the presence of hazardous formaldehyde foam insulation in or upon the Property. 9. SURVEY The Vendor shall not be obliged to produce any survey,title deed, abstract or other evidence of title to the Property, save that which may actually be in its possession. 10. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 11. VACANT POSSESSION The Vendor represents and warrants that, subject only to the terms of the Lease and Commitment Agreement referred to in section 2 hereof, vacant possession of the Property will be delivered on the Closing Date. 12. VENDOR'S REPRESENTATIONS AND WARRANTIES The Vendor represents and warrants to the Purchaser that: (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement; (b) there is no pending or threatened litigation of any type against or relating to - 5 - the Property or which might impair the Vendor's ability to sell the Property; (c) the Vendor has not installed upon the Property, any underground storage tank or facility for the storage or use of any Hazardous Substances (as defined below)and, as far as the Vendor is aware, it has no knowledge that any underground storage tank or facility for the storage or use of any Hazardous Substances exists upon the Property; (d) there are no outstanding work orders or deficiency notices or any other written notice from any authority advising of any outstanding breach of any law, by-law, code or regulation; (e) there are no existing, pending or contemplated condemnation or expropriation proceedings with respect to the whole or any part of the Property; (1) the Vendor has not entered into any agreements relating to the Property with any governmental authority relating to environmental, zoning and land use laws, or pursuant to any other municipal, provincial or federal laws or regulations; (g) as far as the Vendor is aware the Property is not subject to or affected by any non-governmental restrictions limiting or restricting the use of the Property; (h) the current zoning of the property is Open Space (OS); (i) the Vendor is now, and at the Closing Date will be, a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; (j) to the best of the Vendor's knowledge the Vendor will, at the Closing Date, have full and absolute right and power to convey and transfer the Property to the Purchaser or cause to be conveyed or transferred to the Purchaser, good and marketable title as provided in section 6.1; (k) to the best of the Vendor's knowledge there are no encroachments onto or from the Property; and (I) all requirements,terms and conditions of any relevant authority pursuant to any agreement or by-law affecting the Property have been satisfied or complied with as of the Closing Date. 13. ADJUSTMENTS Any realty taxes, water and unmetered utility charges, as applicable, shall be apportioned and adjusted by the parties as of the Closing Date (the Closing Date being for the Purchaser's account). The parties undertake to readjust as of the Closing Date any such item where the amount of such item is not known on the Closing Date and such obligation to readjust shall survive the Closing Date. No insurance shall be transferred to or assumed by the Purchaser on the Closing Date. 14. LAND TRANSFER AND RETAIL SALES TAXES The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act, R.S.O. 1990, c. L.6, as amended, and, as applicable, all retail sales taxes as required pursuant to the Retail Sales Tax Act, R.S.O. 1990, c. R.31, as amended, which are payable in connection with transfer of the Property under this Agreement. -6 - 15. RESIDENCY The Purchaser shall be credited towards the Purchase Price with the amount,if any, which it shall be necessary for the Purchaser to pay to the Receiver General of Canada in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act, R.S.C. 1985,c. 1, as amended, by reason of this sale. The Purchaser shall not claim such credit if the Vendor delivers, on completion, the prescribed certificate or its statutory declaration that it is not then a non-resident of Canada. 16. RISK OF VENDOR All buildings on the Property and all other things being purchased shall remain at the risk and for the benefit of the Vendor, pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser,the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages. 17. PLANNING ACT(ONTARIO)AND BULK SALES ACT (ONTARIO) 17.1 This Agreement shall be effective to create an interest in the Property for the Purchaser only if the Vendor complies with the subdivision control provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, prior to the Closing Date. The Vendor covenants to proceed diligently and at its expense to obtain all necessary consents prior to the Closing Date. 17.2 The Vendor covenants to comply with the Bulk Sales Act, R.S.O. 1990, c. B.14, as amended, if applicable, prior to the Closing Date. 18. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given(i)by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be; or(iii) by fax as follows: If to the Vendor at: The Stamford Centre Volunteer Firemen's Association 2377 Dorchester Road Niagara Falls, ON L2E 6S4 If to the Purchaser at The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No. (905) 371-2892 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason,then no such notice shall be deemed to have been given until actually received by the intended party,whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed -7 - after 4:30 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and/or fax number by providing a notice in accordance with this section. 19. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof, provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered in Canadian funds by bank draft or cheque certified by a chartered bank or trust company. 20. ASSIGNMENT This Agreement can be assigned by the Purchaser without the consent of the Vendor, which can be unreasonably withheld. 21. BROKERAGE The parties represent and warrant to each other that no fees or commissions are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 22. REGISTRATION OF AGREEMENT The parties agree that the Purchaser shall be permitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located. 23. NON-FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Purchaser in its capacity as a municipality and any decision of the Purchaser in its capacity as a municipality shall not be deemed as contrary to the Purchaser's obligations to the Vendor, if any, under this Agreement. 24. BINDING AGREEMENT 24.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 24.2 This Agreement contains the entire agreement between Vendor and Purchaser,and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs,executors,personal representatives,successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 25. ACCEPTANCE The Purchaser agrees that this offer shall be irrevocable by it until p.m. on , 2014 after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties,this transaction shall be binding on both parties. -8 - 26. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to,without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by-laws. The Property is being sold"as is"with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters, prior to submitting this Agreement to the Vendor; (b) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; and (c) that it shall after closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land. 27. NON-RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non-resident of Canada as defined in the Income Tax Act, R.S.C. 1985, c. 1, as amended. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non-resident as defined in the Land Transfer Tax Act, R.S.O. 1990, c. L.6, as amended. 28. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by the Purchaser. HST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non-payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. IN WITNESS WHEREOF this Agreement has been duly executed by the Vendor on , 2014. THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Per: Name: Title: Name: Title: We have authority to bind the Corporation -9- ACCEPTANCE The foregoing Agreement is accepted by the Purchaser on , 2014. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk SCHEDULE "A" Firstly: Part of Township lots 6, 15 &26 Stamford; part of the road allowance between Township Lots 15 and 26 Stamford designated as Part 1 on Reference Plan 59R-2933 except Parts 3 and 4 on Reference Plan 59R-3274; Part 3 on Reference Plan 59R-14103 except Part 1 on Reference Plan 59R-14683;subject to Instrument Number RO333097;Part Township Lot 6 Stamford subject to an easement over Part 1 on Reference Plan 59R-12397 as in Instrument Number SN44114; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64268-0452(LT). Secondly: Part of the road allowance between Townships of Niagara and Stamford; part Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4, 5) Stamford as in AA22173 & BB23108, lying south of the centerline of the road allowance between Townships of Niagara and Stamford,except BB52809&BB52810;part of Township Lot6 Stamford;part of the road allowance between Township Lot 6 Stamford and Gore Lot between Stamford and Niagara (known as Gore Lots 3,4, 5)Stamford as in AA12580&AA22173, subject to the interest of the Municipality, if any;all in the City of Niagara Falls, Regional Municipality of Niagara. Being all of PIN 64268-0014(LT). CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement made between The Corporation of the City of Niagara Falls as Landlord, and The Stamford Centre Volunteer Firemen's Association as Tenant, for the property known as Firemen's Park, in the City of Niagara Falls, subject to such terms and conditions as set out in the Lease Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. 4. This by-law will come into force when the Lease Agreement has been properly executed by the parties thereto. Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014 LEASE BETWEEN THE CORPORATION OF THE CITY OF NIAGARA FALLS - AND - THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION INDEX ARTICLE 1 DEFINITIONS AND INTERPRETATION 2 1.1 Definitions 2 1 .2 Schedules 7 1 .3 Meaning of Including 7 ARTICLE 2 DEMISE AND TERM 8 2.1 Demise 8 2.2 Term 8 2.3 Right to Renew 8 2.4 Quiet Enjoyment 8 2.5 Overholding 8 2.6 Landlord's Representations and Warranties 9 ARTICLE 3 COMPLETION OF BUILDING 9 3.1 Completion of Construction 9 3.2 Costs and Liabilities 9 3.3 Construction of the Building 9 ARTICLE 4 RENT 10 4.1 Covenant to Pay, Net Lease 10 4.2 Amount of Rent 10 ARTICLE 5 ADDITIONAL RENT 11 5.1 Additional Rent 11 5.2 Business and Other Taxes 11 5.3 Harmonized Sales Tax 12 5.4 Utilities and Services 12 5.5 Municipal Capital Facility 12 ARTICLE 6 OWNERSHIP, MAINTENANCE AND REPAIR OF THE BUILDING 12 6.1 Ownership of the Building 12 6.2 Maintenance and Repair of the Building 13 6.3 Inspection by Landlord 13 6.4 Repairs or Replacements 13 6.5 Waste, Nuisance 13 6.6 Lien Claims 13 6.7 Ownership of Building at End of Term and in Event of Default 14 6.8 Right to Reconstruct 14 ARTICLE 7 USE, COMPLIANCE WITH LAWS 14 7.1 Use 14 7.2 Compliance with Laws 14 -i- ARTICLE 8 INDEMNITY 14 8.1 Indemnification and Claims 14 ARTICLE 9 INSURANCE 15 9.1 Tenant's Insurance 15 9.2 Landlord's Insurance 16 9.3 Insurers 16 9.4 Landlord's Right to Insure 16 9.5 Evidence of Insurance 17 9.6 Proceeds of Insurance 17 ARTICLE 10 ASSIGNMENT AND SUBLETTING 17 10.1 No Assignment 17 ARTICLE 11 RIGHT TO PLACE SECURITY UPON THE BUILDING 17 11.1 Security 17 ARTICLE 12 DEFAULT 18 12.1 Default and Right to Re-enter 18 12.2 Remedies of Landlord 20 12.3 Distress 21 ARTICLE 13 SETTLEMENT OF DISPUTES 21 13.1 Arbitration 21 13.2 Arbitration Act 21 ARTICLE 14 GRANT TO TENANT 21 14.1 Grant During Term 21 14.2 Amount of Grant 22 14.3 Indexing of Grant 22 14.4 Payment of Grant 22 14.5 Withholding of Grant 22 ARTICLE 15 EXISTING YOUTH COMPLEX AND DOG PARK 22 15.1 Acknowledgement 22 15.2 Identity of Existing Lease 22 15.3 Status Quo 22 15.4 Deemed Amendment 23 15.5 Existing Buildings 23 ARTICLE 16 GENERAL 23 16.1 Force Majeure 23 16.2 Effect of Waiver or Forbearance 23 16.3 Notices 24 16.4 Survival of Provisions 25 -ii- 16.5 Further Acts 25 16.6 Interest 25 16.7 Costs 25 16.8 Continuing Obligations 25 16.9 Registration 26 16.10 Number, Gender, Effect of Headings 26 16.11 Severability, Subdivision Control 26 16.12 Entire Agreement 26 16.13 Successors and Assigns 27 16.14 Truth of Recitals 27 16.15 Schedules Part of Lease 27 16.16 Counterparts 27 16.17 Facsimile Execution 27 SCHEDULE "A" LEGAL DESCRIPTION OF PROPERTY 29 SCHEDULE "B" LEGAL DESCRIPTION OF LANDS COMPRISING THE YOUTH COMPLEX 30 SCHEDULE "C" LEGAL DESCRIPTION OF LANDS COMPRISING THE DOG PARK 31 SCHEDULE "D" DISPUTE RESOLUTION PROCEDURE 32 SCHEDULE "E" SITE PLAN 37 SCHEDULE "F" PHOTOGRAPH OF THE BUILDING TAKEN 38 SCHEDULE "G" YOUTH COMPLEX AND DOG PARK LEASE 39 -iii- THIS LEASE is made on the day of , 2014. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS, an Ontario municipal corporation, Hereinafter called the "Landlord" - and - THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION, a corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Tenant" RECITALS: WHEREAS: A. The Landlord is the registered owner in fee simple of the land situated in the City of Niagara Falls, Ontario, legally described on Schedule "A" (the "Property"), having purchased the property from the Tenant; B. The Tenant has, for more than XX years, operated a public park upon the Property with the assistance and approval of the Landlord; C. The Landlord and the Tenant agree that it is in both of their interests and in the interest of the general public as users of the public park situate upon the Property that the Tenant continue in its role as the caretaker and operator of the public park situate upon the Property; D. The Tenant is a volunteer organization that does not currently have a headquarters building; E. The Landlord and the Tenant agree that a headquarters building would serve to facilitate the operations of the Tenant; those operations including, without limiting the generality of the foregoing, the maintenance and operation of the public park situated upon the Property; F. The Tenant is currently in the process of constructing a headquarters building upon the Property; -2- G. It is the express intention of the Landlord and the Tenant that the Tenant shall complete the headquarters building described in recital F of this Agreement utilizing the proceeds of the sale of the Property by the Tenant to the Landlord; H. The Landlord, pursuant to a Lease between the Tenant as Lessor and the Landlord as Lessee, has erected and operates and maintains two facilities within Firemen's Park that are known as the "Youth Complex" and the "Dog Park": The Youth Complex is located upon the land described in Schedule "B"; J. The Dog Park is located upon the land described in Schedule "C; K. It is the express intention of the Landlord and the Tenant that the Youth Complex and the Dog Park continue to be operated and maintained by the Landlord in the same manner and upon the same terms as set out in the Lease between the Tenant as Lessor and the Landlord as Lessee, save and except rent will not be paid by the Landlord as Lessee to the Tenant as Lessor. NOW THEREFORE IN CONSIDERATION of the covenants, obligations and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Lease, unless there is something in the subject matter or context inconsistent therewith, the following terms have the following respective meanings: (a) "Building"means the building currently under construction upon the Property and which is illustrated in Schedule "F"; (b) "Business Day" means a day other than a Saturday, Sunday or other day which is a statutory holiday in the Province of Ontario; (c) "Claim" means a claim or cause of action in contract, in tort, under any laws and regulations or otherwise; (d) "Changes" has the meaning set out in section 6.4; (e) "Commencement Date" means the day after the day that the title of the Property is transferred from the Tenant to the Landlord; -3- (f) "Control" means, with respect to a Person, having ownership, whether beneficial or otherwise, of, or direct or indirect power to vote a majority of the votes attaching to the shares or units of ownership of that Person; (g) "Encumbrance" means a mortgage, lien, judgment, execution, pledge, charge, security interest, restriction, claim, trust, deemed trust, licence, lease, option, deposit or other encumbrance of any nature whatsoever, whether arising by operation of law or statute or otherwise created; (h) "Environmental Laws" means: (i) all requirements and provisions under or prescribed by the common law and any and all applicable federal, provincial, regional, local or municipal laws, statutes or by-laws; (ii) all applicable rules, regulations, protocols, guidelines, procedures, judgments, concessions, grants, franchises, licenses, agreements and any other governmental requirements, promulgated under or pursuant to any law referred to in clause (i); (Hi) all applicable orders, decisions and exemptions rendered by any Government Authority; and (iv) any other applicable laws, rules, regulations, orders and decisions relating to environmental matters that pertain to the Property. (i) "Expiry Date" means the date on which the Term expires, or would expire assuming that no early termination of this Lease occurs in accordance with this Lease; (j) "Force Majeure"means the occurrence of an act or circumstance beyond the reasonable control of a party to this Lease affected by such act or circumstance(the"Affected Party"), including an Act of God or public enemy, war, invasion, armed conflict, act of foreign enemy, blockade, revolution, act of terror, sabotage, civil commotions, interference by civil or military authorities, governmental expropriation or confiscation of property or equipment by any Government Authority, nuclear or other explosion, radioactive or chemical contamination or ionizing radiation, fire, tidal wave, earthquake, epidemic, quarantine restriction, stop-work order or injunction issued by a court or public authority having jurisdiction, governmental embargo, flood, ice storm, blizzard or other disaster, strike, walk-out, communication line or power failure, that results in or would result in delay or interruption in the performance of any obligation under this Lease, provided that such delay or the cause thereof is not specifically dealt with in this Lease or does not arise by reason of: -4- (i) the negligence or wilful misconduct of the Affected Party or those for whom it is in law responsible; and (ii) any act or omission by the Affected Party (or those for whom it is in law responsible) in breach of the provisions of this Lease. (k) "Government Authorization" means any approval, certificate of approval, authorization, consent, waiver, variance, exemption, declaratory order, license, filing, registration, permit, notarization, special lease or other requirement of any Government Authority or any utility or service supplier, whether existing or to be obtained, which is necessary in connection with the Substantial Completion of the Building or any part thereof; (I) "Government Authority" means a federal, provincial, territorial, regional or municipal governmental, quasi-governmental, judicial, public or statutory authority, board, commission, tribunal, agency, department, ministry, body or other organization or entity; (m) "Interest Rate" means the interest at a variable nominal rate per annum equal on each day to the Prime Rate then in effect plus three percent (3%); (n) "Laws and Regulations" means: (I) applicable federal, provincial, regional, local or municipal laws, orders- in-council, by-laws, codes, rules, policies, regulations or statues; (ii) applicable order, decisions, judgments, injunctions, decrees, exemptions, awards or writs of any court, tribunal, arbitrator, Government Authority or other Person having jurisdiction; and (iii) any requirements under or prescribed by applicable common law; (o) "Lease" means this Lease including the schedules referred to herein, as amended from time to time; (p) "Losses" means losses, compensation, damages, expenditures, costs (including administrative costs), expenses, liabilities, judgments, awards, Taxes, fines, penalties, charges and amounts paid in settlement (net of insurance proceeds actually received), including: (i) reasonable legal fees on a solicitor and his own client basis so as to provide full indemnity (and not only substantial indemnity) and reasonable fees or other charges of accountants and other advisors; and -5- (ii) interest on money paid by a Person in respect of any of the foregoing at the Interest Rate computed from the date such payment is made by such Person until the date of demand for reimbursement; (q) "Permitted Encumbrance" means: (i) a security interest taken by a Person who gives value for the purpose of enabling the Tenant to acquire rights in or to personal property for use in the Building to the extent that the value is applied to acquire such rights; (ii) an inchoate or statutory lien for Taxes or utility rates or charges not at the time overdue; (iii) an inchoate or statutory lien for overdue Taxes or utility rates or charges the validity or amount of which the Tenant is contesting in good faith, but only for so long as such contestation effectively postpones enforcement of any such liens; (iv) a statutory lien incurred or deposit made in the ordinary course of the operation of the Building in connection with worker's compensation, employment insurance and similar legislation; (v) a lien arising out of any judgment with respect to which the Tenant intends to prosecute or is prosecuting an appeal or a proceeding for review, but only for so long as there is a stay of execution pending the determination of such appeal or proceeding for review; (vi) security given by the Tenant to a public or private utility or common carrier or any Government Authority when required by such utility, carrier or Government Authority in the ordinary course of operating the Building; (vii) a construction, repair or storage lien arising in the ordinary course of the Tenant's business for sums that are not overdue or the validity or amount of which is being contested in good faith, but only for so long as such contestation effectively postpones enforcement of any such lien; (viii) a good faith deposit made in the ordinary course of business to secure the performance of bids, tenders, contracts (other than for the payment of borrowed money), leases, surety, customs or performance bonds and other similar obligation; -6- (ix) a right reserved to or vested in any Government Authority by any statutory provision; (x) an Encumbrance permitted under this Lease; or (xi) an amendment, extension, renewal or replacement of any of the foregoing; (r) "Person" means an individual, corporation, partnership, joint venture, association, trust, pension fund, union, or Government Authority, and the heirs, beneficiaries, executors, legal representatives or administrators of an individual; (s) "Prime Rate" mean the rate of interest per annum which The Royal Bank of Canada has established at its head office in Toronto, Ontario as a reference rate of interest that will be charged on that day for loans, in Canadian dollars to Canadian customers and that it refers to as its "Prime Rate"; (t) "Property" means Firemen's Park as illustrated in Schedule "A"; (u) "Realty Taxes" means all real property taxes, rates, duties and assessments (including local improvement rates), impost charges or levies, whether general or special, that are levied, charged or assessed from time to time by any lawful authority, whether federal, provincial, municipal, school or otherwise, and any taxes payable by the Landlord which are imposed in lieu of, or in addition to, any such real property taxes, whether of the foregoing character or not, and whether or not in existence at the date thereof, and any such real property taxes levied or assessed against the Landlord on account of its ownership of the Property or its interest therein, but specifically excluding any taxes assessed upon the income of the Landlord,and includes taxes for municipal and school purposes as described in section 110(6) of the Municipal Act, 2001, S.O. 2001 c. 25; (v) "Rent" means all rent and Additional Rent; (w) "Replacement Cost" means the entire costs, from time to time, of repairing, replacing or reinstating any item of property with materials of like kind and quality on the same site without deduction for physical, accounting or any other depreciation; (x) "Taxes" means Taxes and related governmental charges (including assessments, duties, rates, fees, imposts, levies and interest, penalties or additions associated therewith), including Canadian federal, provincial, or foreign income, franchise, capital, land transfer, real property, personal property, tangible, withholding, payroll (including Canada Pension Plan), -7- employment insurance and employer health contributions, transfer, sales, use, consumption, excise, duties and value added Taxes, and all other Taxes of any kind, but does not include Realty Taxes; (y) "Tenant Default" has the meaning in Article 12; (z) "Term" means the term set out in section 2.2 and, where the context requires, any renewal, extension or overholding thereof; (aa) "Termination Date" means the date this Agreement is terminated for any reason other than the expiry of the Term; and (ab) "Zoning By-law" means By-law No. 79-200, as amended by The City of Niagara Falls and any amendment or successor thereto. 1.2 Schedules The following schedules for part of the Lease: Schedule "A", Legal Description of the Property; Schedule "B", Legal Description of lands comprising the Youth Complex; Schedule "C", Legal Description of lands comprising the Dog Park; Schedule "D", Dispute Resolution Procedure; Schedule "E", Site Plan; Schedule "F", Photograph of the Building taken XXXX; and Schedule "G", Youth Complex and Dog Park Lease. 1.3 Meaning of Including In this Lease the words "include", "includes" or "including" mean "include without limitation", "includes without limitation" and "including without limitation", respectively, and the words following "include", "includes"or"including"shall not be considered to set forth an exhaustive list. -8- ARTICLE 2 DEMISE AND TERM 2.1 Demise The Landlord demises and leases the Property to the Tenant and the Tenant leases the Property from the Landlord, as of and with effect on the Commencement Date and in accordance with the provisions of this Lease, to have and to hold for the Term. 2.2 Term The Term of this Lease shall commence on the Commencement Date and shall expire on the day preceding the ninety-ninth (99`h) anniversary of the Commencement Date, unless terminated earlier pursuant to the provisions of this Lease. 2.3 Right to Renew The Tenant shall have the right to extend the Term of this Lease for five (5) further Terms of five (5) years each commencing on the ninety-ninth (99`h) anniversary of the Commencement Date under the same terms and conditions as contained herein. The Tenant shall have the right to exercise such right only if it gives the Landlord notice of its intention to do so not later than two (2) years before the expiration of the initial ninety-nine (99) year Term referred to in section 2.2, failing which this right to renew shall be null and void. 2.4 Quiet Enjoyment Subject to the provisions of this Lease, the Tenant shall have and may peaceably enjoy and possess the Property during the Term, without any interruption or disturbance whatsoever from the Landlord or any Person lawfully claiming from or under the Landlord. The Landlord shall defend its title to the Property against any Person claiming any interest adverse to the Landlord in the Property during the Term, save and except where such adverse interest arises as a result of the act, omission, negligence or wilful misconduct of the Tenant or those for whom the Tenant is in law responsible. 2.5 Overholding If, at the expiration of the initial Term or any subsequent extension thereof, the Tenant shall continue to occupy the Property without further written agreement, there shall be no tacit renewal of this Lease, and the tenancy of the Tenant thereafter shall be from month to month only, and may be terminated by either party -9- on one (1) month's notice. Rent shall be payable in advance on the first day of each month equal to the sum of one hundred and fifty percent (150%) of the monthly installment of Rent payable during the last year of the Term and one- twelfth (1/12) of all Additional Rent provided for herein, determined in the same manner as if this Lease had been renewed, and all terms and conditions of this Lease shall, so far as applicable, apply to such monthly tenancy. 2.6 Landlord's Representations and Warranties The Landlord makes the following representations and warranties with respect to itself to the Tenant, and acknowledges that the Tenant is relying upon such representations and warranties in entering into this Lease: (a) the Landlord has the power and authority to enter into this Lease and to do all acts and things and execute and deliver all other agreements, instruments, undertakings or documents as are required under this Lease to be done or executed and delivered by it; and (b) the Landlord has taken all necessary action to authorize the execution, delivery and performance of this Lease. ARTICLE 3 COMPLETION OF BUILDING 3.1 Completion of Construction The Tenant will complete construction of the Building as soon is reasonably possible following the Commencement Date. 3.2 Costs and Liabilities The Tenant shall be responsible for all costs and liabilities associated with the design and construction of the Building. 3.3 Construction of the Building The Tenant, through its retained professionals, shall perform and comply with the following covenants and requirements in the construction of the Building: (a) the Building shall be constructed in all respects in accordance with the site plan, subject to such changes as may be required by any Government Authority or otherwise as approved in writing by the Landlord; -10- (b) all necessary Building Permits shall be obtained and all municipal by-laws and legal requirements pertaining to the conduct of the work shall be complied with; (c) the construction work shall be conducted expeditiously in a good and workmanlike manner and otherwise in accordance with the provisions of this Lease; (d) any contractor engaged on the work shall be required to observe all provisions of its contract, and to furnish and maintain all security, indemnity, insurance and performance bonds required by the contract; (e) without in any way limiting the generality of the requirements of section 7.2 of this Lease, the Tenant shall provide or cause its contractors and professionals to provide any and all documentation required to assure the Landlord, acting reasonably, as to compliance of those contractors and professionals with the requirements of the Worker's Safety Insurance Board; (f) the Building shall be constructed entirely at the expense of the Tenant using, among other sources of funding, if required, the proceeds of the sale of the Property by the Tenant to the Landlord; and (g) throughout the Term and for so long as this Lease remains in effect, the Tenant will be the owner of the Building. ARTICLE 4 RENT 4.1 Covenant to Pay, Net Lease The Tenant covenants to pay Rent as provided in this Lease. It is the intention of the parties that, this is a net and carefree lease and that the Rent provided to be paid shall be net to the Landlord and clear of all Taxes, costs and charges arising from or relating to the Property and the Builidng, and that the Tenant shall pay as Additional Rent all charges, impositions and expenses of every nature and kind relating to the Property as if it were an owner thereof in the manner hereinafter provided, and the Tenant hereby covenants with the Landlord accordingly. 4.2 Amount of Rent The rent shall consist of services by the Tenant to the Landlord. The services shall consist of: (a) maintaining the Property, including the Building once completed, for use as a public park to the same high standard the Tenant has demonstrated during its operation of the public park currently situate upon the Property and known as Firemen's Park; -11- (b) staging, organizing or facilitating public events, and meetings upon the Property and in the Building; and (c) continuing its community work for the benefit of the citizens of and visitors to the City of Niagara Falls ARTICLE 5 ADDITIONAL RENT 5.1 Additional Rent 1. In addition to the Rent described in Article 4 reserved in favour of the Landlord, the Tenant shall, throughout the Term, pay to the Landlord or as otherwise provided in this Lease, in lawful money of Canada, without any deduction, abatement or set-off whatsoever, as Additional Rent,the following costs incurred and attributable to the Property and Building: all other sums, amounts, costs, cost escalations and charges that are, to be or have been imposed upon or charged to the Landlord, the Tenant or the Building by reason of the existence or operation of the Building. 2. All of the payments set out in this Lease shall constitute Rent or Additional Rent, as applicable, and shall be deemed to be and shall be paid as Rent, whether or not any payment is payable to the Landlord or otherwise, and whether or not as compensation to the Landlord for expenses to which it has been put. The Landlord has all the rights against the Tenant for default in payment of Additional Rent that it has against the Tenant for default in payment of Rent. 5.2 Business and Other Taxes In each and every year during the Term, the Tenant shall pay as Additional Rent, discharge within thirty(30) days after they become due, and indemnify the Landlord from and against payment of, and any interest or penalty in respect of, the following: (a) every Tax, licence fee, rate, duty and assessment of every kind with respect to any business carried on by the Tenant on the Property or by any subtenant, licensee, concessionaire or franchisee or anyone else, or in respect of the use or occupancy of the Property by the Tenant, its subtenants, licensees, concessionaires orfranchisees, or anyone else(other than such Taxes as income, profits or similar Taxes assessed upon the income and/or profits of the Landlord); and -12- (b) all Rental or other Taxes in respect of the Tenant's fixtures, improvements, equipment or facilities on or about the Property, and any Rental Taxes occurring as a result of any reason peculiar to the Tenant. 5.3 Harmonized Sales Tax For greater certainty and without in any way limiting the generality of sections 5.1 and 5.2, the Tenant shall pay all Harmonized Sales Tax levied in relation to any Additional Rent. 5.4 Utilities and Services The Tenant shall be solely responsible for and shall promptly pay to the appropriate utility suppliers, as Additional Rent, all charges for water, gas, electricity, telephone and other utilities and services used or consumed in, and any other charges levied or assessed on or in respect of or services supplied to, the Building. In no event is the Landlord liable for, nor has the Landlord any obligation with respect to, an interruption or cessation of or a failure in the supply of any utilities, services or systems in, to or serving the Property. 5.5 Municipal Capital Facility Notwithstanding the requirement for the Tenant to pay Additional Rent, and provided that the Tenant uses and permits the use of the of the Property and Building in accordance with the requirements of section 7.1 of this Lease, the Landlord covenants and agrees to make best and continuing efforts to obtain and maintain the status of Municipal Capital Facility for the Property and Building throughout the Term of this Lease. ARTICLE 6 OWNERSHIP, MAINTENANCE AND REPAIR OF THE BUILDING 6.1 Ownership of the Building 1. The Tenant shall own all aspects of the Building. 2. Notwithstanding subsection 6.1.1 of this Lease, at the end of the Term or any extension or renewal of the term, the Building shall become the property of the Landlord. 3. Notwithstanding subsection 6.1.1 of this Lease, in the event of a breach of this Lease by the Tenant, which breach is not rectified by the Tenant in accordance with the terms of this Lease or rectified on any other terms, the Building shall become the property of the Landlord. -13- 6.2 Maintenance and Repair of the Building The Tenant shall, at the Tenant's sole expense, at all times during the Term, continuously, actively and diligently keep and maintain the Building in good order and first class condition. 6.3 Inspection by Landlord The Landlord, its servants, agents and contractors shall be entitled, on reasonable notice provided in writing, to enter the Building to inspect the condition of the Building. The Tenant shall not be entitled to compensation for any inconvenience, nuisance or discomfort occasioned thereby. The Landlord shall take reasonable precautions and attempt to schedule such inspections so as not to unreasonably interfere with the operation of any aspect of the business of the Building and to minimize interference with the Tenant's use and enjoyment of the Building. 6.4 Repairs or Replacements 1. The Tenant shall not make any repairs, additions, alterations, replacements or improvements (the "Changes") to or of any part of the Building unless the Changes comply with all applicable by-laws, zoning regulations, site plan, other governmental requirements, Government Authorizations, Environmental Laws and the requirements of the Tenant's and Landlord's fire insurance underwriters. 2. The Changes shall be constructed by the Tenant, without cost to the Landlord, in a good and workmanlike manner, using first-class materials. 6.5 Waste, Nuisance The Tenant shall not commit or suffer any waste or injury to the Property and Building or any part thereof, save and except any demolition and alteration respecting the Property and Building as herein permitted, and shall not use or occupy or permit to be used or occupied the Property and Building or any part thereof so as to constitute a nuisance or for any illegal or unlawful purpose, nor in any manner which may contravene any lawful restrictions of the use thereof by any Government Authority. 6.6 Lien Claims Except for Permitted Encumbrances, the Tenant shall not permit any lien to be registered against the Building for any labour or materials furnished to, or with the consent of, the Tenant, its agents or contractors, in connection with any work performed or claimed to have been performed on the Property or the Building by or -14- at the direction or sufferance of the Tenant and shall take immediate steps to remove any such lien filed against the title to the Property or the Building forthwith upon receiving notice of the existence of the lien. 6.7 Ownership of Building at End of Term and in Event of Default In the event of an unremedied Tenant Default or at the end of the Term or any renewal of the Term, the Building shall become the property of the Landlord. 6.8 Right to Reconstruct In the event of the loss of the building by fire, wind, storm or other such cause, the Tenant, acting reasonably, shall have the right to construct a replacement for the Building, which replacement for the Building shall be in the same location as and have the same footprint as, the Building. ARTICLE 7 USE, COMPLIANCE WITH LAWS 7.1 Use The Tenant covenants that the Property and the Building shall be used for the operation, promotion and facilitation of meetings and other social activities of the Tenant, public events and the raising of funds for community, non-profit, causes. 7.2 Compliance with Laws The Tenant covenants that at all times the use made of the Property shall be in conformity with all of the requirements of the Zoning By-law, all applicable Environmental Laws and any other Laws and Regulations which may affect the Property. The Tenant shall comply with all police, fire and sanitary regulations imposed by any municipal or provincial or federal authorities or recommendations or requirements made by fire insurance underwriters, and observe and obey all Laws and Regulations and the terms of any Government Authorizations governing the conduct of any businesses carried out on the Property or with respect to the use of the Property. ARTICLE 8 INDEMNITY 8.1 Indemnification and Claims 1. The Tenant shall indemnify and save harmless the Landlord from and against any Claims, demands, award, judgments, actions and proceedings -15- by whomsoever made, brought or prosecuted in respect of loss or damage to or destruction of property, or personal injuries, including death, and from and against any and all loss of damage to or destruction of property and expenses and costs suffered or incurred by the Landlord by reason of the negligence, misconduct, any willful act or omission, or otherwise howsoever of the Tenant, its servant, agents, invitees and licensees or any of them, arising out of the use of the Property, except that this covenant to indemnify shall not apply to Claims, demands, award,judgments, actions, proceedings, loss, damage or destruction, expenses and costs suffered or incurred by the Landlord which are caused or contributed to by the negligence, willful act or omission of the Landlord, its servants, agents, licensees and invitees. 2. The Tenant agrees to make no Claim or demand against the Landlord, its servants or agents for any loss or damage to or destruction of property, or personal injuries, including death, suffered or sustained by the Tenant, its servants or agents, while upon the Property, except that the waiver shall not apply to such injury or loss which is caused or contributed to by the negligence, willful act or omission of the Landlord, its servants or agents, licensees and invitees. ARTICLE 9 INSURANCE 9.1 Tenant's Insurance 1. The Tenant shall, at its sole cost and expense, take out and maintain in full force and effect, at all times throughout the Term, the following insurance: (a) fire and extended perils, including flood, earthquake, collapse and sewer back-up, under a standard extended form of fire insurance policy, in such amounts and on such terms and conditions as would be carried by a prudent owner of a similar Building, having regard to the size, age and location of the Building on the Property, and such insurance shall add the Landlord as an additional insured, with coverage to the full insurable value thereof at all times (to be computed upon a Replacement Cost basis with deduction only of the cost of excavation and foundations); (b) general liability and property damage insurance, including personal liability, contractual liability, tenants' legal liability, non-owned automobile liability and owners' and contractors' protective insurance coverage with respect to the Property, written on a comprehensive basis with inclusive limits of at least Five Million Dollars ($5,000,000) for each occurrence, or such higher limit as the Landlord, acting reasonably, or any mortgagee requires from time to time; -16- (c) broad form comprehensive boiler and machinery insurance on a blanket repair and replacement basis, with limits for each accident in an amount not less than the full Replacement Costs of the Building, with respect to any boilers and machinery upon the Property or relating to or serving the Building or the Property, and such insurance shall add the Landlord as an additional insured; and (d) any other form of insurance with whatever limits the Tenant, the Landlord, acting as a prudent owner reasonably requires from time to time, in such form and amounts and for risks against which a prudent Tenant under similar circumstances would insure. 2. All general liability insurance shall contain a provision for cross liability or severability of interest as between the Landlord and the Tenant. All the foregoing property policies shall contain a waiver of any right of subrogation or recourse by the Tenant's insurers against the Landlord or its contractors, agents and employees, whether or not any loss is caused by the act, omission or negligence of the Landlord, its contractors, agents or employees or those for whom the Landlord is in law responsible. The Tenant shall obtain, from the insurers under the building coverage, undertakings to notify the Landlord in writing at least thirty (30) days prior to any cancellation thereof. The Tenant shall furnish to the Landlord, upon written request, certificates of all such policies. 9.2 Landlord's Insurance The Landlord shall maintain throughout the Term such general liability insurance as is reasonable for an Ontario municipality of the size and sophistication of the Landlord. 9.3 Insurers All contracts of insurance required to be maintained under the provisions of this Lease shall be with a company or companies licensed to do business within the Province of Ontario engaged, inter alia, in the business of insuring against the risks herein described. 9.4 Landlord's Right to Insure If the Tenant fails to obtain any or all of the policies of insurance required hereunder, the Landlord may itself, after not less than twenty-four(24) hours' notice to the Tenant, obtain such policies and shall give the Tenant a notice setting out the amount and dates of payment of all costs and expenses incurred by the Landlord in connection therewith to the date of such notice; the Tenant shall, with the next installment of Rent which becomes due, pay the same to the Landlord with interest -17- at the Interest Rate, calculated on the various amounts from the respective dates of payment thereof by the Landlord. Any sum so expended by the Landlord, together with such interest, shall constitute Rent hereunder and be collectible as Rent payable on demand. 9.5 Evidence of Insurance The Tenant shall furnish the Landlord with certificates or other acceptable evidence of all required insurance promptly upon request. Such insurance shall show the Landlord as a named insured and shall provide for a waiver of subrogation among insureds, and liability insurance shall provide for severability of interests and cross liability among insureds. 9.6 Proceeds of Insurance Ali proceeds of any insurance shall first be used by the Tenant for the costs of repairing, reconstructing or replacing, as the case may be, the damaged or destroyed portions of the Building to the standard set out herein, except as otherwise provided for in this Lease. ARTICLE 10 ASSIGNMENT AND SUBLETTING 10.1 No Assignment The Landlord and the Tenant acknowledge and agree that the benefits and burdens of this Lease cannot be assigned, sublet, or otherwise conveyed to any third party without the express written consent of the Landlord or the Tenant as the case may be. ARTICLE 11 RIGHT TO PLACE SECURITY UPON THE BUILDING 11.1 Security 1. Subject to the approval of the Landlord, which approval shall not be unreasonably withheld, the Tenant shall have the right to secure its borrowing needs with the Building. 2. The Landlord shall provide whatever documentation the Tenant reasonably requires to put in place the security described in subsection 11.1.1. -18- ARTICLE 12 DEFAULT 12.1 Default and Right to Re-enter The occurrence of any one or more of the following events shall constitute a "Tenant Default" under this Lease: (a) the Tenant fails to make payment of any Rent owing to the Landlord under this Lease when due; (b) the Tenant fails to provide any or all of the insurance required by this Lease; (c) the Tenant fails to maintain the Property or the Building as required by this Lease; (d) there is a pattern over a rolling period of twenty-four (24) consecutive full calendar months of the Tenant Defaults referred to in this section 12.1 repeatedly occurring and the Landlord has given thirty (30) days' notice of such pattern to the Tenant; (e) the Tenant fails or neglects to comply with the requirements or directives of a final award, order or decision in a matter arbitrated in accordance with Article 13 within the period of time for compliance stated in such award, order or decision or, if no such period of time is stated in the award, order or decision for fifteen (15) days after the date of the decision; (f) any resolution is passed for the dissolution, liquidation or winding-up of the Tenant or for the suspension of operations of the Tenant; (g) a decree,judgment or order of a court having jurisdiction is issued or entered adjudging the Tenant bankrupt or insolvent, ordering the winding-up or liquidation of the Tenant or approving any reorganization, arrangement, compromise, composition, compounding, extension of time, moratorium or adjustment of some or all of the liabilities of the Tenant under the Companies' Creditors Arrangement Act (Canada), the Bankruptcy and Insolvency Act(Canada) or the Winding-up and Restructuring Act(Canada) or any other bankruptcy, insolvency, moratorium, reorganization or analogous law of any applicable jurisdiction and such decree, judgment or order continues unstayed and in effect and is not withdrawn, dismissed, overturned or set aside within the period of ninety (90) days following its issuance or entry; -19- (h) execution or any analogous process is issued or filed against the Tenant or against all or a substantial part of its property or assets and such execution or other process continues unstayed and in effect and is not withdrawn, dismissed, overturned or set aside within the period of sixty (60) business days following its issuance or filing and the same has a material and adverse effect on the performance of the obligations of the Tenant under this Lease; (i) a trustee, receiver, receiver and manager, interim receiver, custodian, liquidator, provisional liquidator, agent for a secured creditor or other Person with similar powers is appointed in any manner (judicially or extra-judicially) in respect of the Tenant or in respect of all or a substantial portion of the property or assets of the Tenant and such appointment continues unstayed and in effect and is not withdrawn, overturned, set aside or revoked within the period of ninety (90) days following the appointment; (j) the Tenant becomes insolvent, admits its inability to pay or fails to pay its debts generally as they become due, acknowledges its insolvency, makes an assignment in bankruptcy or any other assignment for the benefit of creditors generally, or files any proposal, notice of intention or petition or otherwise commences or consents to or acquiesces in the commencement of any proceeding seeking any reorganization, arrangement, compromise, composition, compounding, extension of time, moratorium or adjustment of some or all of the liabilities of the Tenant under the Companies' Creditors Arrangement Act(Canada), the Bankruptcy and Insolvency Act(Canada), or the Winding-up and Restructuring Act (Canada) or any other bankruptcy, insolvency, moratorium, reorganization or analogous law of any applicable jurisdiction, or applies for, consents to or acquiesces in the appointment in any manner (judicially or extra-judicially) of a trustee, receiver, receiver and manager, interim receiver, custodian, liquidator, provisional liquidator, agent for a secured creditor or other Person with similar powers in respect of the Tenant or in respect of all or a substantial portion of the property or assets of the Tenant; (k) a Change in Control of the Tenant; (I) a request by the Tenant for any kind of funding or assistance in kind from the Landlord; (m) the Tenant ceases to operate the Building; (n) the Tenant ceases to operate as a non-profit organization; and (o) the Tenant vacates or parts with possession of the Building. -20- 12.2 Remedies of Landlord 1 . Upon the occurrence of a Tenant Default, the Landlord may by notice to the Tenant,terminate this Lease by giving fifteen (15)days' notice to the Tenant. 2. If the Tenant is in default under this Lease by reason of the failure to pay any amount due to a Person other than the Landlord, the Landlord may (without obligation to do so) make payment on behalf of the Tenant of such amount. Any amount so paid by the Landlord shall be payable by the Tenant to the Landlord on demand. 3. The Landlord may cure or attempt to cure the Tenant Default (but this shall not obligate the Landlord to cure or attempt to cure a Tenant Default or, after having commenced to cure or attempted to cure a Tenant Default, to continue to do so) and all costs incurred by the Landlord in curing or attempting to cure the Tenant Default shall be payable by the Tenant to the Landlord on demand. No such action by the Landlord shall be deemed to be a termination of this Lease. The Landlord shall not incur any liability to the Tenant for any act or omission of Landlord or any other Person in the course of curing or attempting to cure any Tenant Default. 4. The Landlord may seek specific performance, injunction or other equitable remedies. 5. The Landlord may seek to recover its Losses and any amounts due and payable under this Lease and, in connection therewith, exercise any recourse available to any Person who is owed damages or a debt. 6. With respect to those Tenant Defaults which entitle the Landlord to terminate this Lease, the Landlord may re-enter the Property and enter the Building in the name of the whole and have again, repossess and enjoy the Property and the Building as of the Landlord's former estate. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a notice of such intention is given to the Tenant. Despite a reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for the previous breach. Any re-entry or termination of this Lease made in accordance with this Lease as against the Tenant shall be valid and effectual against the Tenant. 7. The Landlord may exercise any of its other rights and remedies provided for in this Lease. 8. In any case involving a Tenant Default listed in subsections 12.1(m), (n) or (o), the Landlord shall have the right to terminate this Agreement forthwith and to enter and take possession of the Property and Building. -21- 9. In the case of any other Tenant Default, in the event that the Tenant makes reasonable efforts to remedy the Tenant Default during the fifteen (15) day notice period described in subsection 12.2.1 above, the Lease shall not be terminated unless the remedy of the Tenant Default is not completed within the forty-five (45) days next following the expiration of the fifteen (15) day notice period. 12.3 Distress Notwithstanding any provision of this Lease or any provision of any applicable legislation, none of the goods and chattels of the Tenant on the Property or in the Building at any time shall be exempt from levy by distress for Rent in arrears, and the Tenant waives any such exemption. If the Landlord makes any Claim against the goods and chattels of the Tenant by way of distress, this provision may be pleaded as an estoppel against the Tenant in any action brought to test the right of the Landlord to levy such distress. ARTICLE 13 SETTLEMENT OF DISPUTES 13.1 Arbitration Unless otherwise provided in this Lease, any dispute between the parties hereto concerning any matter arising under this Lease, except for issues related to payment of a liquidated sum of money, shall be submitted to a private and confidential arbitration dispute resolution procedure in accordance with the provisions of this Article 13, and the rules and procedures described in Schedule 13.2 Arbitration Act The provisions of the Arbitration Act, 1991, S.O. 1991, c. 17, as amended, shall apply to the extent that they are not inconsistent with this Article 13 or Schedule"D". ARTICLE 14 GRANT TO TENANT 14.1 Grant During Term Throughout the Term and the through any renewal or extension of the Term, the Landlord shall provide the Tenant with an annual operating grant. _22_ 14.2 Amount of Grant The operating grant shall be TWENTY THOUSAND DOLLARS ($20,000.00) in the first year of the Term. 14.3 Indexing of Grant In each year subsequent to the first year of the Term, the annual operating grant shall be increased by a percentage equal to the annual percentage increase in the All Items Consumer Price Index maintained by Statistics Canada for the Province of Ontario, that occurs in the year prior to the year in which the grant is calculated. 14.4 Payment of Grant The annual operating grant shall be paid by the Landlord to the Tenant on or before the 31st day of March of each year of Term, renewal of the Term or extension of the Term. 14.5 Withholding of Grant Notwithstanding any provision of this Lease, in the event of an unresolved dispute concerning a Tenant Default, the Landlord may withhold the annual grant at its absolute discretion, which discretion may be exercised unreasonably. ARTICLE 15 EXISTING YOUTH COMPLEX AND DOG PARK 15.1 Acknowledgement The Landlord and Tenant acknowledge and agree that the relationship between the Landlord and the Tenant concerning the operation and maintenance of the Youth Complex and the Dog Park is governed by an existing Lease wherein the Tenant is Lessor and the Landlord is Lessee. 15.2 Identity of Existing Lease A copy of the Lease governing the operation and maintenance of the Youth Complex and the Dog Park is attached as Schedule "G". 15.3 Status Quo It is the express intention of the Landlord and the Tenant that the Youth Complex -23- and the Dog Park shall continue to be operated in accordance with Schedule "G", save and except that the Landlord as Lessee will not be required to pay rent to the Tenant as Lessor. 15.4 Deemed Amendment Section 15.3 shall be deemed to be an amendment, in writing, of Schedule "G". 15.5 Existing Buildings The Tenant shall continue to have the right to use the existing quonset hut, washrooms, amphitheatre and other improvements to Firemen's Park in the same manner and upon the same terms as it has been using these improvements prior to and as of the date of this Lease. ARTICLE 16 GENERAL 16.1 Force Majeure Notwithstanding any other provision contained herein, in the event that either the Landlord or the Tenant should be delayed, hindered or prevented from the performance of any act required hereunder by reason of any unavoidable delay, including strikes, lockouts, unavailability of materials, inclement weather, acts of God, governmental restrictions or any other cause beyond its reasonable care and control, but not including insolvency or lack of funds, then performance of such act shall be postponed for a period of time equivalent to the time lost by reason of such delay. The provisions of this section 16.1 shall not, under any circumstances, operate to excuse the Tenant from prompt payment of Rent and/or any other charges payable under this Lease. 16.2 Effect of Waiver or Forbearance No waiver by any party hereto of any breach by any other party of any of its covenants, agreements or obligations contained in this Lease shall be or be deemed to be a waiver of any subsequent breach thereof or the breach of any other covenants, agreements or obligations, nor shall any forbearance by any party hereto to seek a remedy for any breach by any other party be a waiver by the party so forbearing of its rights and remedies with respect to such breach or any subsequent breach. The subsequent acceptance of Rent by the Landlord shall not be deemed a waiver of any preceding breach by the Tenant of any term, covenant or condition regardless of the Landlord's knowledge of such preceding breach at the time of the acceptance of such Rent. All Rent and other charges payable by the Tenant to the Landlord hereunder shall be paid without any deduction, set-off or -24- abatement whatsoever, and the Tenant hereby waives the benefit of any statutory or other right in respect of abatement or set off in its favour at the time hereof or at any future time. 16.3 Notices 1. Unless otherwise provided in this Lease, all notices, requests, Claims, reports, certificates, other communications, consents and approvals required or permitted by this Lease shall be in writing and shall be given by personal delivery, or sent by electronic facsimile, or mailed by prepaid registered mail, or delivered by courier service. Notices shall be addressed to a party at its address as follows (or at such other address as that party specifies by written notice in accordance with this section 16.3): To Landlord: The Corporation of the City of Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Chief Administrative Officer E-mail: ktodd @niagarafalls.ca To the Tenant: The Stamford Centre Volunteer Firemen's Association 2377 Dorchester Road Niagara Falls ON L2E 6S4 2. A notice, request, Claim, report, certificate, other communication, consent or approval shall be deemed to have been received: (a) on the day it is delivered or on the day on which transmission is confirmed by the sender's telecopier records, if telecopied, or if such day is not a Business Day or if the notice, request, Claim, other communication, consent or approval is received after ordinary office hours (time of place of receipt), the notice, request, Claim, report, certificate, other communication, consent or approval shall be deemed to have been received on the next Business Day; or -25- (b) on the Business Day it is opened by the recipient it the notice, request, Claim, report, certificate, other communication, consent or approval is sent by e-mail; or (c) on the fifth Business Day after the date of mailing, if sent by prepaid registered mail. 16.4 Survival of Provisions All obligations under this Lease which expressly or by their nature survive the Termination Date or the Expiry Date, as applicable, shall continue in force until they are satisfied or by their nature expire. 16.5 Further Acts The parties shall do or cause to be done all such further acts and things as may be reasonably necessary or desirable to give full effect to this Lease. Without limiting the foregoing, each party shall at any time and from time to time execute and deliver or cause to be executed and delivered such further instruments and take such further actions as may be reasonably requested by the other party or parties in order to cure any defect in the execution and/or delivery of this Lease. 16.6 Interest Any amount not paid when due under this Lease shall bear interest at a variable nominal rate per annum equal on each day to the Interest Rate then in effect, from the date such payment is due until payment and both before and after judgment. 16.7 Costs Except as otherwise provided in this Lease, each party shall be responsible for its own costs incurred in connection with performing its obligations under this Lease. 16.8 Continuing Obligations Except as otherwise provided in this Lease: (a) termination of the Lease or the expiration of the Term shall be without prejudice to any accrued rights and obligations under this Lease as at the Termination Date or the Expiry Date, as applicable; and (b) termination of the Lease or the expiration of the Term shall not affect the continuing rights of the Landlord under this Agreement or under any other -26- provision of this Lease that is required to give effect to such termination or expiry or the consequences of such termination or expiry. 16.9 Registration 1. Neither the Tenant nor anyone on the Tenant's behalf or claiming under the Tenant (including any Transferee) shall register in full this Lease or any Transfer against the Property. The Tenant may register a notice or caveat of this Lease provided that: (a) a copy of the Lease is not attached; and (b) the Landlord gives its prior written approval of the notice or caveat, which shall not be unreasonably withheld. 2. Upon the expiration or earlier termination of the Term, the Tenant shall immediately discharge or otherwise vacate any such notice or caveat. 16.10 Number, Gender, Effect of Headings Words importing the singular number only shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders, and words importing Persons shall include firms and corporations and vice versa. The division of this Lease into Articles and sections and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Lease. 16.11 Severability, Subdivision Control Should any Article or section or part or parts of an Article or section in this Lease be illegal or unenforceable, it or they shall be considered separate and severable from the Lease and the remaining provisions of this Lease shall remain in full force and effect and shall be binding upon the Landlord and the Tenant as though such Article or section or part or parts thereof had never been included in this Lease. It is an express condition of this Lease that the subdivision control provisions of the applicable provincial legislation be complied with, if necessary. If such compliance is necessary, the Tenant covenants and agrees to diligently proceed, at its own expense, to obtain the required consent. 16.12 Entire Agreement 1. Landlord and Tenant warrant that the terms and conditions of this Lease were fully read and understood and this Lease, including the Schedules and any other documents referred to herein, constitutes the entire Agreement and understanding among the parties with respect to the subject matter hereof, and shall supersede all prior oral and written agreements or understandings of the parties relating hereto. -27- 2. There are no covenants, representations, warranties, agreements or other conditions expressed or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Lease, save as expressly set out or incorporated by reference herein, and this Lease constitutes the entire Agreement duly executed by the parties hereto, and no amendment, variation or change to this Lease shall be binding unless the same shall be in writing and signed by the parties hereto. 16.13 Successors and Assigns The rights and liabilities of the parties shall enure to the benefit of their permitted successors and assigns, subject to any requirement for consent by the Landlord hereunder. 16.14 Truth of Recitals The Landlord and Tenant each acknowledge and agree that the recitals of this Lease are true and that the recitals form a part of this Lease. 16.15 Schedules Part of Lease The Schedules to this Lease form a part of this Lease. 16.16 Counterparts This Lease may be executed in any number of counterparts that, taken together, shall constitute one and the same Agreement. This Lease shall be effective when it has been executed by each of the parties and delivered to all parties. 16.17 Facsimile Execution To evidence the fact that it has executed this Lease, a party may send a copy of Its executed counterpart to all parties by facsimile or e-mail transmission. Such party shall be deemed to have executed and delivered this Lease on the date it sent such facsimile transmission. In such event, such party shall forthwith deliver to the other parties an original counterpart of this Lease executed by such party. IN WITNESS WHEREOF the parties hereto have duly executed this Lease. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk -28- THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Per: Name: Title: Name: Title: -29- SCHEDULE "A" LEGAL DESCRIPTION OF PROPERTY Firstly: Part of Township lots 6, 15 & 26 Stamford; part of the road allowance between Township Lots 15 and 26 Stamford designated as Part 1 on Reference Plan 59R-2933 except Parts 3 and 4 on Reference Plan 59R-3274; Part 3 on Reference Plan 59R-14103 except Part 1 on Reference Plan 59R-14683; subject to Instrument Number R0333097; Part Township Lot 6 Stamford subject to an easement over Part 1 on Reference Plan 59R-12397 as in Instrument Number SN44114; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64268-0452(LT). Secondly: Part of the road allowance between Townships of Niagara and Stamford; part Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4, 5) Stamford as in AA22173 & BB23108, lying south of the centerline of the road allowance between Townships of Niagara and Stamford, except BB52809&BB52810; part of Township Lot 6 Stamford; part of the road allowance between Township Lot 6 Stamford and Gore Lot between Stamford and Niagara (known as Gore Lots 3, 4, 5) Stamford as in AA12580 &AA22173, subject to the interest of the Municipality, if any; all in the City of Niagara Falls, Regional Municipality of Niagara. Being all of PIN 64268-0014(LT). -30- SCHEDULE "B" LEGAL DESCRIPTION OF LANDS COMPRISING THE YOUTH COMPLEX -31- SCHEDULE "C" LEGAL DESCRIPTION OF LAND COMPRISING THE DOG PARK -32- SCHEDULE "D" DISPUTE RESOLUTION PROCEDURE 1. Amicable Negotiations 1. Unless otherwise provided in this Lease, in the event of any dispute arising between the Landlord and the Tenant under or relating in any way to this Agreement, its negotiation, the performance of obligations thereunder or to any relationships or legal obligations created thereby, such dispute shall be referred, in the first instance, by notice from the Landlord or the Tenant requiring the dispute to be resolved by negotiation. 2. If the dispute is not resolved to the mutual satisfaction of the Landlord and the Tenant within fifteen (15) Business Days (or such longer period as the Landlord and the Tenant may agree) following such notice, the Landlord or the Tenant may by notice to the other require that the dispute be resolved by mediation as set out below, unless both the Landlord and the Tenant waive such requirement in writing. If both the Landlord and the Tenant waive the mediation requirement, either of them may by notice to the other require the dispute to be resolved by arbitration as set out below. 2. Mediation The mediation shall be held within thirty(30) Business Days following the end of the fifteen (15) - Business Day period. Within seven (7) Business Days following the end of such fifteen (15) - Business Day period, the Landlord and the Tenant jointly shall select and appoint a skilled and experienced commercial mediator to assist them to reach an agreement through mediation. The mediation shall be conducted under such mediation rules as the mediator recommends and the cost of the mediation shall be shared as to one-half by the Landlord and as to one-half by the Tenant. Any settlement reached by mediation shall be reduced to writing, shall be signed by the Landlord and the Tenant and shall be final and binding on the Landlord and the Tenant. If the Landlord and the Tenant fail to agree on a mediator within seven (7) Business Days or the dispute is not resolved to their mutual satisfaction within thirty (30) Business Days following the date of receipt of the notice of mediation, either may by notice to the other require the dispute to be resolved by arbitration as set out below. 3. Initiation of Arbitration Proceedings 1. If the procedures described above do not result in the resolution of the dispute, mandatory arbitration proceedings may be commenced by the Landlord or the Tenant (the "Initiating Party") giving notice (the "Initiation Notice") to the other party (the "Responding Party"). The Initiation Notice must state the nature of the dispute, the amount involved, if any, and the remedy sought and request such arbitration. -33- 2. The place of arbitration shall be Niagara Falls, Ontario. 3. The Single Arbitrator or panel of arbitrators appointed to act hereunder (the "Arbitrator") shall have appropriate qualifications by profession or occupation to decide the matter in dispute. 4. Within fifteen (15) Business Days following receipt of the Initiation Notice by the Responding Party, the Initiating Party and the Responding Party shall designate one arbitrator (the "Single Arbitrator") acceptable to both of them. If the Initiating Party and the Responding Party fail to appoint a Single Arbitrator within such period of time, the Initiating Party shall, by notice to the Responding Party, appoint an arbitrator. The Responding Party shall, within fifteen (15) Business Days following receipt of such notice, appoint an arbitrator by notice to the Initiating Party and the two arbitrators so appointed shall select a third arbitrator acceptable to both arbitrators. 5. If the Responding Party fails to appoint an arbitrator within such period of time (or such additional period of time as the Initiating Party and the Responding Party may agree) the Initiating Party may appoint an arbitrator on behalf of the Responding Party and is hereby appointed the agent of the Responding Party for such purpose. If the two arbitrators so appointed are unable to agree upon the third arbitrator (the "Presiding Arbitrator") within fifteen (15) Business Days following the appointment of the arbitrator by the Responding Party, either of such parties shall be entitled to make application under the Arbitration Act, 1991 (Ontario) for the appointment of the third arbitrator. 6. The fact that a person was proposed by a party as a potential Single Arbitrator shall not by that fact disqualify the person from being appointed by a party or the Court as an arbitrator. 4. Basic Procedure 1 . Within fifteen (15) Business Days following the appointment of the Arbitrator, the Initiating Party shall send to the Responding Party and the Arbitrator a statement of claim (the "Statement of Claim") stating in sufficient detail the facts and any contentions of law on which the Initiating Party relies and the relief that it Claims. 2. Within thirty (30) Business Days following the receipt of the Statement of Claim, the Responding Party shall send to the Initiating Party and the Arbitrator a statement of defence and, if applicable, counterclaim, (collectively, the "Statement of Defence") stating in sufficient detail which of the facts and contentions of law in the Statement of Claim the Responding Party admits or denies, on what grounds, and any other facts and contentions of law on which it relies. -34- 3. Within fifteen (15) Business Days following receipt of the Statement of Defence, the Initiating Party may send to the Responding Party and the Arbitrator a statement of reply and, if applicable, defence to counterclaim (collectively, the "Statement of Reply"). 4. Within fifteen(15) Business Days following receipt of the Statement of Reply, the Responding Party may send to the Initiating Party a statement of reply to counterclaim (the "Statement of Reply to Counterclaim"). 5. Every Statement of Claim, Statement of Defence, Statement of Reply and Statement of Reply to Counterclaim shall be accompanied by copies (or, if they are especially voluminous, lists) of all essential documents and other materials on which the party concerned relies. Documents so listed shall be produced for inspection and copying within twenty (20) days of a request for production. The costs of reproduction shall be borne initially by the party listing the documents. 6. After submission of the Statement of Claim, the Statement of Defence, the Statement of Reply and the Statement of Reply to Counterclaim, if any, the Arbitrator shall forthwith meet with and give directions to the parties to the arbitration for the further conduct of the arbitration. 7. There shall be no oral discovery. 5. Meetings and Hearings 1 . Although the place of arbitration shall be Niagara Falls, Ontario, meetings and hearings of the Arbitrator may take place in such other place or by such mode as the parties to the arbitration agree. Meetings and hearings shall be conducted in the English language unless otherwise agreed by the parties to the arbitration and the Arbitrator. Subject to the foregoing, the Arbitrator may at any time fix the date, time and place of meetings and hearings in the arbitration, and shall give the parties to the arbitration adequate notice thereof. Subject to any adjournments that the Arbitrator allows, the arbitration hearing shall be continued on successive Business Days until it is concluded. 2. Subject to the duties of the Landlord and Boards of Management of the Business Improvements Areas as public bodies, all meetings and hearings and all materials related to the meetings and hearings shall be in private unless the parties to the arbitration otherwise agree. 3. Each party to the arbitration may be represented at any meetings or hearings by legal counsel. -35- 4. Each party to the arbitration may examine and re-examine its witnesses and cross-examine those of the other parties at the arbitration, but nothing herein shall prevent the parties from agreeing to have the arbitration proceed on the basis of documents only, in whole or in part by telephone, video or electronically or to presenting the evidence in-chief of witnesses in written form. 6. The Decision 1. The Arbitrator shall send a decision in writing (the "award") to the parties to the arbitration within thirty (30) Business Days following the conclusion of all hearings referred to in section 5 unless such period of time is extended for a fixed period by agreement of the parties to the arbitration in writing or by the Arbitrator on written notice to the parties to the arbitration because of illness or other cause beyond the Arbitrator's control. 2. The Arbitrator shall state the reasons for the award. 3. If the Arbitrator is a panel, the decision of the majority of the panel shall be deemed to be the decision of the Arbitrator. If there is no majority, the decision of the Presiding Arbitrator shall be the decision of the Arbitrator. 4. If the decision is alleged to have been based upon an error in law, a party may appeal the award in that regard pursuant to section 45(2) of the Arbitration Act, 1991 (Ontario). 7. General 1 . The object of an arbitration hereunder shall be to ensure the just, expeditious, economical and final determination of any dispute. 2. The Arbitrator shall include as part of any award, the payment of interest at the rate set out in this Lease from an appropriate date as determined by the Arbitrator. 8. Provisional Remedies No party hereto shall be precluded from and shall not waive its right to arbitrate by reason of initiating a proceeding in a court of competent jurisdiction for the purpose of obtaining any emergency or provisional remedy to protect its rights, including temporary and preliminary injunctive relief and restraining orders. 9. Costs of Arbitration Pending determination by the Arbitrator,the parties shall equally and be responsible for their respective shares of all costs relating to the Arbitrator. The Arbitrator shall be entitled to award costs in accordance with the provisions of the Arbitration Act, 1991 (Ontario). -36- 10. Continuing Performance 1. Notwithstanding the existence of a dispute, the Landlord and the Tenant shall continue to perform their respective obligations in accordance with the provisions of this Lease without prejudice to the right to contest, dispute and challenge the relevant matter in accordance with the provisions of this Lease. 2. Subject to the express provisions of this Lease, where there is any dispute as to the amount of monies owing by a party to another party, the portion of the amount owing that is not contested, disputed or challenged, if any, shall be paid when due hereunder, but without prejudice to the rights of the parties to contest, dispute or challenge the disposition of the remaining portion of the monies claimed. -37- SCHEDULE "E" SITE PLAN -38- SCHEDULE "F" PHOTOGRAPH OF THE BUILDING TAKEN XXXX -39- SCHEDULE "G" YOUTH COMPLEX AND DOG PARK LEASE CAO-2014-01 Niagarafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Chief Administrative Office SUBJECT: CAO-2014-01 City of Niagara Falls Communications Plan RECOMMENDATION It is recommended that the attached Communications Plan be adopted by City Council and, that by adopting the report, Council is authorizing the staff complement to be increased by one person to accommodate a new non-union Communications Support Staff position, dedicated to communicating City Council's and the Corporation's message. EXECUTIVE SUMMARY Niagara Falls City Council's 2011 — 2014 Strategic Priorities identified a commitment to provide excellent customer service to our community. The City's success in this priority area is highly dependent upon creating a culture of communication within the organization and with the community. In September 2012, Council requested that staff report back on the possibility of a communications piece/newsletter. During the course of this Council term, staff has made substantial enhancements to the City's website and its content, and has commenced improvements to our communications efforts in a number of areas. However, during the process it has become apparent that only through developing and implementing a plan for corporate communications, and committing the appropriate resources to the effort, will the City be able to produce regular news pieces like a newsletter, enhance our approach to managing issues, to be bold about sharing good news about the City, its people and programs, and to engage in two-way communications with the community. The attached document provides an overview of key communication goals and strategies, and suggests actions for implementing a full City of Niagara Falls Communications Plan. February 25, 2014 CAO-2014-01 BACKGROUND Our Current State The City of Niagara Falls currently manages the corporate communications function using a distributed approach that places responsibility for budgeting, and implementation of, communications activities directly in the hands of each department. Communications are carried out using a number of traditional channels with varied degrees of success. There is no formal communication plan in place for the City. The independence that accompanies this approach can cause discrepancies across the organization including: • inconsistent procedures. • pockets of excellence that are not adopted corporately. • department-focused messaging that emphasizes promotion of specific departments, programs and services but underemphasizes strategic priorities and key corporate messages. • absence of corporately applied best practices in organizational communications and public engagement. The City faces complex issues in a climate of diminishing resources alongside increased public expectations to be proactive in our communications practices. There is opportunity to build on existing practices, as well as to create new approaches, to better meet stakeholder communication needs. The City has an abundance of information and positive news to share with the community, however it takes the right tools, the appropriate skill set and dedicated time to develop and communicate messages clearly and with the desired impact. Moving towards a Corporate Communications Culture The Communications Plan establishes the City of Niagara Falls' coordinated and centralized approach to corporate communications, emphasizing an organizational culture that values two way communications in how it listens to citizens, provides information and plans projects. An October 2013 Angus Reid poll concluded that two—way communication is the number one driver of citizen satisfaction. Communications is a core business for municipal governments. A well-managed communications effort is reflected in high resident and business satisfaction levels with municipal operations. February 25, 2014 CAO-2014-01 Municipalities are often taken to task for having a "nine-to-five" approach to citizen engagement. It is therefore important to think like a customer and consider how to design and deliver communications that reach residents where, when and how they live. The Plan describes how the City of Niagara Falls communicates with residents, employees and other stakeholders through: • ensuring effective, responsive, informative and consistent communications. • providing honest and responsive communication that will help us increase trust and credibility. • connecting with, and engaging, the public to build and improve our community. Benefits of a Communications Plan Effective two-way communication benefits citizens and helps the City meet strategic priorities by: • Encouraging informed participation. Citizens can more effectively express their needs and work cooperatively with the City when they know the facts about City plans and actions. Communication from the City can start a dialogue and encourage citizen involvement. • Building community pride and satisfaction. The more citizens learn about City services, they better they understand how their tax dollars are used and the better they feel about their government. Educating citizens about City services and successes helps develop a positive reputation for the City and helps build pride in the community. • Encouraging growth, attracting good employees, and improving service. A good reputation can also draw people to the community, encourage business development and attract capable employees who will ultimately strengthen City services. • Achieving a more informed and engaged workforce. The desired outcome is a workforce that understands the City's mission and vision, exemplifies the Corporate Values, and actively communicates key strategic messages. Keeping staff informed also builds morale and heads off misinformation. The Plan recognizes emerging trends and introduces new ways to connect with residents and employees that generate dialogue, mutual understanding and genuine confidence. CITY OF NIAGARA FALLS STRATEGIC COMMITMENT Under the Council's 2011 — 2014 Strategic Priorities - Customer Service Excellence priority, it states that the following goals will be addressed: February 25, 2014 CAO-2014-01 Staff and Community Engagement • Creating a plan for both internal and external communications. • Developing an effective model for civic engagement that leads to more open, transparent, and inclusive municipal government. • Re-launching a more engaging City of Niagara Falls website complemented by other social media communication tools. The Communications Plan addresses each of the above noted goals under Council's 2011 — 2014 Strategic Priorities. The success of the Plan depends on: staff understanding how their roles — individually and collectively — impact the City in communicating its message; and having the appropriate staff resources in place to coordinate the expanded communications functions described in the Plan effectively and efficiently. ANALYSIS/RATIONALE The Communications Plan The Communications Plan outlines the comprehensive goals, and strategies required to move the City forward with respect to the communications function, as follows: GOAL ONE Recognize communications between Council, staff and the community as a core City function. Objective Develop a centralized approach to communications. Strategies • Establish an organizational structure and responsibilities that support the communications function. • Determine annual Council and departmental communications priorities. Objective Build better understanding of the organization's communications function. February 25, 2014 CAO-2014-01 Strategy • Facilitate a cultural shift about the role of corporate communications and clarify departmental and individual responsibilities in the City's communications efforts. GOAL TWO Enhance Internal Communications Objective Ensure that employees are well informed about City programs, issues and initiatives. Strategies • Determine the best strategies to keep employees informed. • Make information about Council's strategic priorities, decisions and corporate initiatives more accessible to staff. • Improve employee knowledge of departmental functions and responsibilities across the corporation. • Increase opportunities for employees at satellite locations to feel connected. GOAL THREE Improve the City's ability to effectively communicate with, and engage, the public. Objective Increase and improve use of social media to inform, and communicate with, residents and other stakeholders. Strategies • Actively manage corporate Facebook and Twitter accounts through dedicated Communications Staff. • Use business oriented social networking tools in on-line recruitment efforts and to facilitate business development relationships. Objective Provide consistent, reliable City news and information that are effective and efficient. Strategies • Enhance and expand the range and use of on-line tools for information sharing. • Update the City's traditional current methods of communications. • Develop a more effective plan for advertising in local media. • Provide local media with timely and accurate information. February 25, 2014 CAO-2014-01 Objective Develop a consistent approach to how we engage the public. Strategies • Develop a Public Engagement Strategy to guide the public consultation process. • Make City information more accessible. • Increase awareness and understanding of Council's strategy, corporate commitments and accomplishments. • Provide front-line staff with information and updates on topics of public interest to capitalize on engagement opportunities. GOAL FOUR Improve the City's ability to anticipate and respond to issues. Objective Identify potential issues early and response in a timely manner. Strategies • Anticipate potential public relations challenges before they become problems. • Be prepared to communicate during expected reoccurring events. Detailed actions to implement the goals and strategies are included in the Communications Plan as attached. Online Communications Strategy Online communications have fundamentally changed the way the public accesses and exchanges information. The Internet and social media (e-Communications) have become necessary communication tools for government organizations to provide information to the public in an effective and efficient manner. The role of communications has evolved and continues to progress with the exponential growth of social media and the continual advancement of web technologies. The growing popularity of smartphones (such as Blackberries, Androids, and iPhones) and the increasing availability of Wireless Internet (WiFi) means that the public now has the ability to access, customize, and forward information however, wherever and whenever they want. Individuals can choose to receive information and instant updates on topics they have decided are beneficial and relevant to them (i.e. news feeds on a specific topic, up-to-the-minute traffic reports, weather alerts, etc.). Research demonstrates that citizens expect relevant information to be available online and readily accessible within a few clicks on websites and on e-communications channels such as Twitter and Facebook. Online communications has created an February 25, 2014 CAO-2014-01 opportunity for governments to connect and engage with their citizens in new, timely, and innovative ways such as UserVoice, an on-line civic engagement tool recommended in the Plan. E-Communication is an effective medium for municipalities to provide relevant information to residents on news items, public service announcements, special events, meetings, road closure notices, employment opportunities, and city emergency situations/major incidents. It is also an effective communication tool to provide timely information to media on news items, as well as business updates to stakeholders who are located outside of the municipality (i.e. business developers). Using on-line communications tools as described requires daily dedication of staff time to manage the accounts and properly engage the public. City of Niagara Falls Newsletter An email newsletter, which members of the public subscribe to from the city's website, can be a powerful marketing and communications tool and an important way to communicate. One of the greatest benefits of e-newsletters is that they are open opportunities for citizens to interact with the city and to promote dialogue. E-newsletters also have a social aspect to them, as users often forward them to friends and colleagues. People tend to value e-newsletters because they are: • Informative — they keep users up to date on what is happening • Convenient — they are delivered straight to the user's inbox • Timely — they offer current information and real-time delivery The Communications Plan recommends development of a monthly e-newsletter containing information from Council and across city departments, key details on important projects, initiatives, events etc. and contact information. The newsletter would always drive the subscriber to the City's website for more information. The e-newsletter would be supplemented by news updates (breaking news) and alerts (adverse weather information) as needed. Users would be able to subscribe to the e-newsletter on the City's website and have it delivered directly to their inbox. It is suggested that any time the public registers for programs, applies for memberships, or makes a purchase (i.e. iRide card), an email address would be requested so they could be added to our subscription list. Hard copies of the newsletter could be printed in house, and would be made available in limited quantities at City facilities. In addition to the e-newsletter, a hard copy newsletter (4 issues per year) could be produced and delivered as an addition to a newspaper or as a direct mail piece to all households in Niagara Falls, and could be retained by the homeowner. This is a more costly alternative, starting at $30,000 for four issues per year. Staff is not recommending this option at this time, however, Council may wish to include it in the overall communications strategy. February 25, 2014 CAO-2014-01 Advertising The local newspapers are a popular local source for City news and information. Like newspapers across the country, hard copy circulation has declined in recent years. However, it is recommended that a coordinated corporate advertising program be established with weekly ads to promote City website resources and feature high impact information about upcoming meetings and events or items of note, without extraneous information. This advertisement will be placed once a week, with free of charge delivery to each household in Niagara Falls. The weekly ad would feature a consistent placement in the paper, and a template designed to make it easy to recognize. It would contain informational snapshots, with a strong push to the website, or Facebook for details. A Request for Proposals (RFP) would be issued for this weekly print advertisement. Limited additional paid newspaper advertising will be required as dictated by law (Official Plan amendments) or the specific needs of a project (i.e. changes in bus routing). In general, advertising should only be considered a support vehicle of other tactics employed in this plan, and not as a key means of communications. Each request for additional ad placement needs to be evaluated by Corporate Communications and the requesting department. Efforts will be made to garner editorial and social media coverage on openings and events. Engaging our Employees Communication between management staff and employees must be open, timely and collaborative to achieve municipal goals and to ensure quality communications to the public. Internal communications must be a two way process. Inviting and listening to employee ideas, concerns and suggestions for achieving results, avoiding and resolving problems and improving service are important and proven management practices that can contribute to the maximization of staff performance and workplace satisfaction. There is considerable room for improvement in the way we communicate with, and engage, staff. Staff dedicated to this purpose is necessary to ensure a consistent approach that is carried throughout the corporation. The desired outcome is a workforce that understands the City's mission and vision, exemplifies the Corporate Values, and actively communicates key strategic messages. At the same time, keeping staff informed also builds morale and heads off misinformation. February 25, 2014 CAO-2014-01 FINANCIAL IMPLICATIONS A Centralized, Strategic Approach to Communications The first steps in the plan centralize communications under Corporate Administration, call for the establishment of a Communications Staff position, and institute an internal communications team made up of existing key contacts within the various municipal departments. In order to carry out the Communications Plan it is imperative that a full time Communications Support Staff position be created. Many of the tactics proposed in the report require dedication of time and skills not currently available in all departments. Reporting to and, in concert with, the Manager of Strategic and Corporate Initiatives, the communications staff responsibilities would include: • managing internal/employee communications. • creating and overseeing web content. • managing corporate social media activity in coordination with the Website Administrator. • copywriting, photography and graphic design. • preparing a monthly Corporate e-Newsletter content, including copywriting, graphics and photographs. • media monitoring. • providing departmental communications expertise and guidance, and, in cooperation with the Senior Management Team, creating departmental communications plans to address their specific needs, upcoming events and programs, and messaging. • coordinating corporate advertising • acting as a central resource and clearinghouse for all corporate communications. • reviewing and analyzing analytics on various tactics Funding for the new position will come from the 2014 advertising allocation of $263,246 within the current approved operating budget. Staff believe that, by reallocating existing resources, a more coordinated and effective advertising message can be achieved. By establishing a Communications Support Staff position, the City will be able to streamline communications, provide a consistent voice and visual identity for the February 25, 2014 CAO-2014-01 corporation, and ensure more strategic and focused communications that support Council's Strategic Priorities. Through more efficiently managing our advertising budget by planning and consolidating media buys, staff believe that the economies will cover the costs of the new staff position. Also, one key individual with the appropriate skill set from each department will be selected to act as the key contact on communications matters within their department. . They would be responsible for: • collaborating with the Communications staff and their Department Director to develop a yearly departmental communications plan focusing on messaging, upcoming projects and public engagement. • acting as general liaison between the department and Communications Staff. • participating in bi-monthly communications committee meetings. • assisting in development of social media content when required. Some additional graphic design assistance and software will also be required. It is anticipated that savings realized through reduced print advertising costs will be sufficient to cover these expenses. Conclusion Communication with citizens is a sound investment of City of Niagara Falls resources and deserves a place amongst the City's primary functions. The City should not rely on anyone else to tell our story — we should — continuously, comprehensively and enthusiastically. LIST OF ATTACHMENTS: City of Niagara Falls Communications Plan Respectfully submitted: I .`/I tip'► ' �I - "" KerNTodd, Chief Administrative Officer Submitted by. Dale Morton, Manager of Strategic and Corporate Initiatives n JJ of Niayura Palis ' City of Niagara Falls Vision A great city...for generations to come! CORPORATE VALUES We believe that people are our most important resource in striving for the Corporation's mission and common goal of Service Excellence.The City of Niagara Falls is committed to enhancing: the quality of our workplace; and service to our residents through a corporate culture that demands and rewards our Core Values of: • ACCOUNTABILITY • LEADERSHIP • TEAMWORK • RESPECT .,a Ai YIN rd The City has identified key principles for the foundation of our Customer Service Standards.These core principles include the following: We will... ✓ greet customers in a professional, positive, open - minded and friendly manner. ✓ endeavor to meet, or exceed our customers' expectations in a timely, efficient and effective manner. ✓ ensure all customers (internal and external) are treated fairly, and with courtesy and respect. ✓ be knowledgeable, and endeavor to provide our staff with the tools and resources necessary to serve our customers. ✓ work to ensure the integration of services for our customers with disabilities. ✓ be patient, understanding and empathetic with all customers. ■ LI ✓ acknowledge any mistakes made and take corrective measures. ✓ take steps to ensure our facilities are clean, tidy, safe and rt- accessible for our customers. ✓ strive to seek regular customer feedback. V 0 U L) V RECOGNIZE COMMUNICATIONS BETWEEN COUNCIL, STAFF, AND THE COMMUNITY AS A CORE CITY FUNCTION. Develop a centralized approach to comp nicat ion. Build better understanding of the organization's cornnn wt. function. ),) L / vv/ ENHANCE INTERNAL COMMUNICATIONS. Ensure that employees are well informed thole. Ci Issues, and initiatives. )n!, 7 1 11(1;" IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. i. Increase and improve use of ',octal media to Inform communicate with residents and other stakeholders, 11. Provide consistent, reliable City news and information in an effective and efficient manner. lil Develop a consistent approach to how we engage thr= FiUbI" );( )r)K IMPROVE THE CITY'S ABILITY TO ANTICIPATE AND RESPOND TO ISSUES. identify potential issues early and r ='',;1 n',, is= RECOGNIZE COMMUNICATIONS BETWEEN COUNCIL, STAFF, AND THE COMMUNITY AS A CORE CITY FUNCTION. C }311C:;?j!c e, =rraiitecf approach to rornrnurtitatoms Establish an organizational structure and responsibilities that support the communications function. Determine annual Council and departmental communications priorities. Et' kn ! in t1t r , tior tangling of the aryanitariorn r urrarriiarttr.:!{ios;, Facilitate cultural shift about the role of corporate communications and clarify departmental and individual responsibilities in the City's communications efforts. ENHANCE INTERNAL COMMUNICATIONS. J en,pdoyees are well informed about City programs iseue, .nnd in Determine the best strategies to keep employees informed. alba AMIN r" t" 0' 3 .SJ ream V Make information about Council's strategic priorities, decisions and corporate initiatives more accessible to staff. • ENHANCE INTERNAL COMMUNICATIONS. 7+�If Iv : ,en s- tlr.tt ployees are well informed about City program., isties arm Improve employee knowledge of departmental functions and responsibilities across the corporation. Increase opportunities for employees at satellite locations to feel connected. Asir Irr 'He - ,i�_�si, d J 3 r V IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. a,{ *I VI ... ±ud imot NH-t .�ala6- tu)Irirr�, it it media r,) i niurry UCH( a3+ Actively manage corporate Facebook and Twitter accounts through dedicated Communications Staff. Use business oriented social networking tools in on -line recruitment efforts and to facilitate business development relationships. J Iona arm 7- IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. O131F:c TI Provide ' n.isrent, reliable City news and information in an effective and efficient +panne -r. Enhance and expand the range and use of on -line tools for information sharing. r IMPROVE THE CITY'S ABILITY TO EF.FECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. r+-hable City news and infurrnan.in thal Aro r<vi- Enhance and expand the range and use of on-line tools for information sharing. Update the City's traditional current methods of communications. r a.; IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. OBJECTIVE 2 Priivide msistent, reliable City news and information that are effective and efficient Update the City's traditional current methods of communications, continued. • (I.• (• • • (•(-1+-0 • 1 ••1■•= ti• - • If?. f y.e 11`;.- _12 14)! • IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. .'Vr 2 :,+•,iste „n_ reliable City news and fnforn ation rhar are eft tow. .4rut r 0 JJ V E Update the City's traditional current methods of communications. Develop a more effective plan for advertising in local media. IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. Provide local media with timely and accurate information. OBJECTIVE. Develop a I om,istent approach to how we engage the public. Develop a Public Engagement Strategy to guide the public consultation process. 0 ,• • IMPROVE THE CITY'S ABILITY TO EFFECTIVELY COMMUNICATE WITH AND ENGAGE THE PUBLIC. Make City information more accessible. 0 ras Dat V re- approae tt to Yi,,w we> engage the irutlic Increase awareness and understanding of Council's Strategic Priorities, corporate commitments and accomplishments. Provide front -line staff with information and updates on topics of public interest to capitalize on engagement opportunities. • IMPROVE THE CITY'S ABILITY TO ANTICIPATE AND RESPOND TO ISSUES. ()Bur r Idently issues early and response in a timely manner. Anticipate potential public relations challenges before they become problems. Be prepared to communicate during expected reoccurring events. . 1' j Dit JJ F-2014-11 Niagarrafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F-2014-11 Economic Development Initiatives - Use of OLG Reserve Fund RECOMMENDATION That Council approve funding requests. EXECUTIVE SUMMARY In 2013, the City's contribution agreement with Ontario Lottery and Gaming Corporation (OLG)was revised to provide additional funding to the host municipality. In October 2013, staff presented a report outlining a series of opportunities for Council to consider. Included in these opportunities were funding economic development initiatives. The City has received two requests for funding that match monies raised by the tourism partners and may result in increased investments by other levels of government. Staff believe this is an investment consistent with staff's original recommendation regarding use of the OLG reserve fund. BACKGROUND The City of Niagara Falls has received two requests from Niagara Falls Tourism for funding support. These requests relate to a partnership opportunity for a destination marketing campaign and a funding partnership for Rendevous Canada 2015. The attached letters explain in detail the funding requests. In spring 2013,the City entered into a Revised Contribution Agreement with Ontario Lottery and Gaming Corporation (OLG) for hosting the City's two casinos. As Council is aware, the City can receive up to $18 to $20 million per year as a result of this agreement. Staff outlined for Council opportunities for the utilization of these funds. In these discussions, staff have indicated that it would be prudent to utilize some of these funds for economic development opportunities. The justification for these investments are based on the fact that the City's annual revenue from the Contribution Agreement is determined by revenues generated in the casinos. As a result, staff believe the City should participate in promotional activities that will attract additional visitors to the municipality in the hopes of increasing revenues at the casino. February 25, 2014 -2 - F-2014-11 ANALYSIS/RATIONALE Both requests are similar in that the City is being requested to provide matching funding to offset investments made by the City's tourism partners. The first proposal relating to destination marketing requires the City to match the $250,000 raised by the industry. In addition, this combined investment of $500,000 will be used to apply for an additional federal grant of $200,000. The second request for funding relates to the City's responsibilities to host the 2015 Canadian Tourism Commission(CTC)Rendevous Canada Showcase. Niagara Falls Tourism is requesting the City contribute $50,000. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Contribution Agreement with OLG has provided funding opportunities for a variety of municipal intiatives. In report F-2013-68, staff identified a number of uses for Council's consideration. This request is consistent with the Economic Development Initiatives section. Since the requests appear to meet these requirements and result in matching funds from industry partners and other levels of government, staff recommend that the requests be considered. Since the funding requirements are over two years, the impact on the reserve fund is different for both requests. The attachment shows the impact. LIST OF ATTACHMENTS Letter from Niagara Falls Tourism re: Destination Marketing Campaign for 2014 Letter from Niagara Falls Tourism re: Rendez-vous Canada - Niagara 2015 Chart 1 - Summary of OLG Reserve by Year Recommended by: To d Harris , Dir ctor of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer 5400 ROBINSON STREET,NIAGARA FALLS ON L2G 2A6 P:905 356-61 NIAGARA :r:; FALLS F:905356-5567 N IAGARAFALLSTOURISM.COM February 6`h, 2014 Serge Felicetti Director Business Development City Hall - City of Niagara Falls 4310 Queen St., P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Serge: Re: Destination Marketing Campaign for 2014 The Niagara Falls Tourism general membership has worked extremely hard this year to build revenue and reduce operating expenses. With additional member support and extreme fiscal responsibility we are able to report an investment of$200,000 towards a destination marketing campaign. Niagara Falls has suffered for over a decade with the rapid decline in U.S. visitation coupled with significant tourism marketing funds being reduced at a Federal level. The CTC (Canadian Tourism Commission) removed their advertising presence from the United States over 3 years ago. In 2013 we experienced an unusual upswing and renewed interest from visitors across the border. We also saw an increase in U.S. residents acquiring their passports! Now is the time to invest back into the U.S. market, and we have great news to share! Hornblower Niagara Cruises and the Niagara Outlet Mall are examples of game changing venues that will encourage new or repeat visitation. Now is a pivotal time for a collaborative effort to invest. The Seneca Casino has become a very aggressive competitor stealing our coveted Ontario visitors across the border. Are you aware that our own Casinos have experienced a decline in visitation of approximately 30,000 a month! We need a plan to ensure that the OLG hosting fees are secured and grown for future City investment. We can't do it alone. We need your assistance. Niagara Falls tourism respectfully requests a matching funds endeavour with the Tourism Parntership of Niagara, the Ontario Tourism Marketing Partnership Corporation, and the City of Niagara Falls. Time is of the essence. In order to have all partners in place and advertising placements be secured. We anticipate an answer from the OTMPC mid March, can we anticipate the same time frame from the City of Niagara Falls as well? For your consideration: Revenue Model: Niagara Falls Tourism membership investment $200,000 Tourism Partnership of Niagara $50,000 City of Niagara Falls $250,000 matching funds Possible Additional Funds Grant Application to OTMPC for an additional $200,000 Sincerely, Toni Williams Director, Operations & Consumer Marketing 73500. 0C S/00,000 ;L:21 $200,000 $50,000 $250,000 $200,000 • FAMILY FUN • GEARED PREDOMINANTLY • COUPLES/ROMANCE • MID MAY TO END OF FEMALE SEPT • MEDIAN-HIGH INCOME 65k+ • AGES 34-55 • HIGHLY LIKELY TO HAVE A PASSPORT • TECH SAVVY • BOOKED A TRIP IN PAST 3 YEARS . .:„ NEW YORK MICHIGAN • TRIP ADVISOR • New York • Detroit PENNSYLVANIA NEW JERSEY • EXPEDIA • Philadelphia • Jersey City • TRAVELOCITY • Pittsburgh MASSACHUSETTS OHIO • Boston • SAY MEDIA • Cincinnati • ILLINOIS • TRAVEL ZOO • Cleveland • Chicago • Columbus NIAGARAIO. C18 FALLS February 2014 Serge Felicetti Director Business Development City Hall—City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Serge: RE: Rendez-vous Canada — Niagara 2015 It's with great anticipation and excitement that I announce Niagara Falls has been selected as the host destination of the 2015 Canadian Tourism Commission (CTC) Rendez-vous Canada Showcase. 2015 will mark the first time this event has been held in our iconic region. "We feel strongly that Niagara Falls would be one of the most awesome destinations for the biggest tourism trade show in Canada simply because it is so iconic—the birthplace of Canadian tourism known around the world and a tremendous draw for visitors, expresses Interim CTC President and CEO Greg Klassen. "It's a fantastic opportunity for some of the world's top travel buyers to experience first-hand the amazing tourism experiences Canada offers." Collectively, the key stakeholders of Niagara Falls and Niagara Falls Tourism (NFT) have put forth a substantial amount of time and effort into securing this tourism business developmental event for Niagara. Rendez-vous Canada will bring 1200 — 1400 attendees with 600 - 700 of them being qualified travel buyers and travel media to Niagara. A successful RVC marketplace typically generates awareness of the destination to these travel buyers, which in turn results in increased RFP's for the host destination and immediate ROI. It's a big win for Niagara Falls, and a bigger win for the Niagara Region. A quick snap shot of the RVC'15 event program is included at the end of this document for your review and reference. You'll notice that the majority of the program is being executed directly in Niagara Falls. This iconic event will require hefty financial subsidy by the industry to ensure a seamless and second to none outcome. Historically, based on CTC reports, the host destination should expect their event budget to run at $750K. Financial partnerships are already underway with the Tourism Partnership of Niagara (TPN) and the Ontario Tourism Marketing Partnership Corporation (OTMPC). To take advantage of the government "matching funds" program through the TPN, Niagara Falls Tourism is reaching out to other pertinent municipalities, BIA's and industry partners for their assistance. With the TPN's Matching Funds Program any monies received from the municipalities will be doubled. It is our intent to raise the all the funds from Niagara Partners negating the need to expand into other competitive regions, such as Hamilton and/or Toronto. 5400 Robinson Street I Niagara Falls,ON I L2G 2A6 I Canada I www.NiagaraFallsTourism.com NIAGARA � ' FALLS Revenue Model: Tourism Partnership of Niagara -$200K OTMPC -$250K TPN's Matching Funds Program -$300K($150K government&$150 industry partners) Please HELP!! Respectfully, Niagara Falls Tourism is reaching out to the City of Niagara Falls for a partnership contribution of $50,000 to be applied towards the TPN's Matching Funds Program payable by March 31s`, 2015. As an event partner and stakeholder, you can be assured that the City of Niagara Falls will become a vital part of the RVC'15 planning committee and be extended destination exposure opportunities in line with your marketing strategies to which you see best. Serge, can Niagara Falls Tourism count on the City's support for Rendez-vous? I just know that the Niagara hosted Rendez-vous 2014 program will be as iconic as our destination and go down in CTC's history as their most successful and unforgettable event to date. I await your favourable response and look forward to our continued partnership. Yours very truly, ikpyt Vittoria A.Wikston,CMP Director, Business Development Niagara Falls Tourism Co-Chair—CSAE 2014 Annual Conference 5400 Robinson Street I Niagara Falls,ON I L2G 2A6 I Canada I www.NiagaraFallsTourism.com y a i i I (C Event Date: May 26th—29th, 2015 � ICJ � �.. �,.'� � sue LA�r Audience: Tour Operators a' }• t rm,Travel Trade Media ,.) {a L 6 Industry Suppliers Expected Attendance: 1200—1500 Conference Co-Chair: Vittoria Wikston,CMP—Niagara Falls Tourism Program Schedule: Friday, May 22"d— Monday, May 25th, 2015: Pre-FAM Trips j Show Move-in Tuesday, May 26`h, 2015: City Tours, CTC Sessions &Official Welcome Reception Wednesday, May 27th, 2015: Marketplace Day One & Niagara Night I Ontario Night Thursday, May 28th, 2015: Marketplace Day Two& Free Night Friday, May 29th, 2015: Marketplace Day Three, Closing Reception &Show Tear Down Saturday, May 30th, 2015: Post-FAM Trips The Venues: Marketplace Scotiabank Convention Centre Accommodations (Fallsview only) Marriott Gateway Marriott Fallsview Radisson Embassy Suites Hilton Hotel &Suites DoubleTree Resort Sheraton on the Falls Opening Reception-will be held at Table Rock Complex as an exclusive event. The group will then move down to Hornblower Niagara Cruises via the WEGO Bus system for a night-time fireworks cruise. Niagara Night-Every hotel (of the seven)will be going to a different winery,for a 4-course,wine-pairing meal. Then the participants will be loaded back on the bus to return to Niagara Falls for the Gala dance party at the Fallsview Casino. If not in the Grand Ballroom,then the Party will be held in the Dragonfly night club. Participating wineries: (1) Chateau Des Charmes(2)Jackson Triggs(3) Ravine Vineyard(4) Peller Estates (5) Trius Winery at Hillebrand Free Night-NFT has provided the CTC with a list of very unique venues that can be used for other DMOs to host events Pre I Post FAM tours will be planned; but exact details are yet unknown. 5400 Robinson Street I Niagara Falls,ON I L2G 2A6 I Canada I www.NiagaraFallsTourism.com F-2014-11 Summary of OLG Reserve by Year Year Ending March Year Ending 31, 2014 March 31, 2015 Funds received to date 16,811,126 - Funds estimated to be received 3,188,874 20,000,000 Balance Received 20,000,000 20,000,000 Less: Operating Budget Commitment (3,000,000) (3,000,000) NRP Commitment (under review) (4,200,000) (4,200,000) Election Funding (one time use) - (156,000) Engineering Commitment (F-2013-54) (2,217,275) - Hospital Allocation TBD TBD Debt Retirement (under review) (6,400,000) - Additional Available for Use: Proposed Redevous 2015 (50,000) Proposed Destination Marketing 2014 (250,000) (16,067,275) (7,406,000) Remaining Balance $ 3,932,725 $ 12,594,000 1 A CD-2014-02 Niagarafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-02 Filling the Council Vacancy RECOMMENDATION 1. That Council formally declare the Council seat vacant; and 2. That Council, based on past practice, appoint the runner-up from the last general election, Shirley Fisher, to fill the vacancy, effective the next Council meeting. EXECUTIVE SUMMARY Council has two options when filling a vacancy: appoint a person, who is eligible to hold the seat as per the Municipal Elections Act or hold a by-election. A by-election has significant costs associated with this it. There are no costs associated with appointing a person to fill the vacancy. In a review of all previous Councillor/Alderman or regional Council vacancies, going back to 1980, the runner-up from the previous general election was appointed to fill the vacancy. Staff would recommend following this past practice. BACKGROUND On February 13, sitting City Council member, Wayne Gates won the Provincial by-election for Niagara Falls. By becoming an M.P.P., he is effectively ineligible to hold his Council seat and it becomes vacant. As per section 2630) of the Municipal Act, Council has two choices on how to fill the vacancy. Council can appoint a person, who is eligible to hold the seat as per the Municipal Elections Act or hold a by-election. Council does not have the option of keeping the seat vacant unless it is within 90 days of the next general election (October 27), as per section 263(5)(3) of the Municipal Act. Council has sixty (60) days from declaring the seat vacant to either appoint a person or pass the by-law to hold a by-election. February 25, 2014 -2 - CD-2014-02 ANALYSIS/RATIONALE Holding a by-election, naturally, has costs, which would not be incurred if Council was to appoint someone to fill the vacancy. Advertising, voter notification (VIN) cards for the City's 60,000 eligible voters and wages of election workers are just some of the expenses associated with an election. The cost for postage, alone, related to the VIN cards would be approximately $36,000. Also, sufficient time has to be afforded to hold a by-election. A nomination date has to be fixed within two months of the vacancy but a minimum forty-five (45) days has to be set between the end of nominations and voting day. The earliest the municipal by-election could be held would be May. Although a by-election is the best gauge of the will of the electorate, voter turnout in by- elections is substantially lower than in general elections. As 2014 may see a general Provincial election, in addition to the recent Provincial by-election, and the municipal general election slated for October 27, a municipal by-election is unlikely to generate much interest amongst the electorate. Past practice, when there has been a vacancy on City Council, has been to appoint the "next person in line", i.e., the candidate who was the runner-up in last general election. Similarly, this practice has been followed when there have been vacancies for the Niagara Falls representatives on Regional Council. Staff reviewed the filling of vacancies since 1980 and, in all cases, Council filled the vacancy with the runner-up from the previous general election. The only exception to this practice was related to the Mayor's seat. A by-election occurred in 1984 when there was a vacancy. A by-election has never been called to fill a Council or regional Council vacancy. The benefits of going to the runner-up are obvious: the person being appointed contested the seat that is now vacant and, therefore, campaigned and incurred expenses for the position in question. Appointing the runner-up is the most expeditious and least costly solution to filling a vacancy. Also, in all cases where the runner-up was selected, they had some "legitimacy" or electoral support. An argument could be made that the last general election was nearly three and half years ago and, therefore, the will of the electorate from 2010 may not be the same as in 2014. In addition, there may be a view that Council should not appoint someone who will have the perceived advantage of incumbency going into the 2014 election. The City of Toronto, this term, solicited applications to fill a Council vacancy from eligible individuals who vowed that they would not run in 2014, though such a pledge is not binding. Based on the fact that the Council's practice has always been to go to the runner-up from the general election, when they have a substantial amount of votes, and the lack of cost associated with appointing a person to fill the vacancy, staff would recommend that Council appoint the runner-up from the 2010 election. Shirley Fisher, who has sixteen (16) years of past Council experience, finished ninth in 2010 with more than 7500 votes. February 25, 2014 -3 - CD-2014-02 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Costs associated with a by-election are not currently contemplated in the operating budget. A by-election would not be much cheaper than a general election. The cost could be close to $100,000. The legal requirements, as set out in the legislation, have been outlined earlier in the report. LIST OF ATTACHMENTS • Chart outlining past runners-up that were appointed to fill vacancies. • 2010 General Election results for City Councillor • Pertinent sections of the Municipal Act Recommended by: - Dean lorf da City lerk Respectfully submitted: I Ke Todd, Chief Administrative Officer DI Past Filling of Vacancies For 2000 Alderman Ward 3 (electing 2) election (2001-2003 Council term) Gary Hendershot 2179 Carolynn loannoni 1780 Paisley Janvary-Pool 1741 Frank De Luca 1448 Paisley Janvary-Pool was appointed after the passing of Gary Hendershot in April, 2002. For 1997 Alderman Ward 3 (electing 2) election (1998-2000 Council term) Pat Cummings 2555 Paisley Janvary 2232 Carolynn loannoni 1619 Carolynn loannoni was appointed upon the passing of Pat Cummings in Jun, 1999 For 2003 Regional Council (electing 3) election (2004-2006 Council term) Rob Nicholson 18,315 Bill Smeaton 16,425 George Bailey 13,683 Anne Angelone 8,817 Doug Peck 4,146 Anne Angelone was appointed by Regional Council upon the election of Rob Nicholson to Federal Parliament in August 2004. Staff reviewed the filling of vacancies since 1980 and, in all cases, Council filled the vacancy with the runner-up from the previous general election. Results from last election. City Councillor I To Be Elected: 8 qq ` Candidates: 30 12923 5,• r '01,"E y 1367 . •i3 1 .:. . . ,*Mtn, 11063, .& 10879 7.7% 78 eilmbilnut 2092111411 9896 nal=� 6.8it 9720 Start 9564 63$ s : . x4 f.. 1051 6. t8 5.3% 'Shirley FISHER 7539 4% en FEREN 5659 3. 6% rich MERLINO 5100 2. 9% Irony BIANCO 4057 2 . 7% ony CARUSO 3872 2 .5% eter T . DYCHTIAR 3601 2 . 5% eena SHAHANI 3537 2% randy BIRD 2855 1 . 6% .aren FRASER 2298 1. 6% ennis BOWERS 2217 1 . 4% ebbie TREDWELL 1951 1 .4% rater PALERMO 1923 1 . 3% parry BECK 1874 1 .2% 'Terry O ' REILLY 1718 1 . 1% Tames C . KANG 1618 1 . 1% hristian BELL 1526 City Councillor To Be Elected: 8 Candidates: 30 0 . 9% crank HERMAN 1346 0 . 88 harvey GORDON 1088 0.88 (Jeannette TOSSOUNIAN 1077 0 .7% kobert PAQUETTE 1017 0 . 6% ermod GOYAL 783 0.48 Mervyn SENIOR 543 VACANCIES Vacant seat 259. (1) The office of a member of council of a municipality becomes vacant if the member, (a) becomes disqualified from holding the office of a member of council under section 256. 257 or 258; (b) fails to make the declaration of office before the deadline in section 232: (c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council: (d) resigns from his or her office and the resignation is effective under section 260: (e) is appointed or elected to fill any vacancy in any other office on the same council; (f) has his or her office declared vacant in any judicial proceeding: (g) forfeits his or her office under this or any other Act; or (h) dies, whether before or after accepting office and making the prescribed declarations. 2001, c. 25, s. 259 (1). Exception (2) Clause (1) (e) does not apply to vacate the office of a member of an upper-tier council when the member is appointed head of council if the composition of council requires or permits the member to hold both offices. 2001, c. 25. s. 259 (2). Dual vacancies (3) If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section. the other office also become vacant. 2001. c. 25. s. 259 (3). Exception (4) Subsection (3) does not apply to vacate an office of a member when another office of the member becomes vacant if the composition of the councils does not require the member to hold both offices. 2001, c. 25, s. 259 (4). Resignation as member 260. (1) A member of council of a municipality may resign from office by notice in writing filed with the clerk of the municipality. 2001, c. 25, s. 260 (1). Restriction LINK"http://www.e- laws.gov.on.ca/html/statutes/french/elaws_statutes_O1m251htm"(2) Despite subsection (1), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum. 2001. c. 25, s. 260 (2). Restriction RLINK 'http://www.e- laws.gov.on.calhtml/statutes/frenchlelaws_statutes_0 I m25f.htm"261. (1) Except where otherwise provided, no person may hold more than one office governed by the Municipal Elections Act, 1996 at the same time anywhere in Ontario. 2001, c. 25, s. 261 (1). Election void (2) If a person is nominated for and his or her name appears on the ballots for more than one office and he or she is elected to any of those offices, his or her election is void and the office is vacant. 2001, c. 25. s. 261 (2). Declaration 262. (1) If the office of a member of a council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings. 2001. c. 25, s. 262 (1). Upper-tier declaration (2) If an upper-tier municipality declares the office of one of its members who also holds office on the council of a local municipality to be vacant, the upper-tier municipality shall immediately forward a copy of its declaration to the council of the local municipality. 2001, c. 25, s. 262 (2). Lower-tier declaration (3) If a local municipality declares the office of one of its members who also holds office on the council of the upper-tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality. 2001, c. 25. s. 262 (3). Filling vacancies 263. (1) If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section, (a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or (b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. 2001, c. 25, s. 263 (1). Dual vacancies (2) If the offices of a person who is a member of council of both a local municipality and its upper-tier municipality become vacant, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with subsection (I). 2001. c. 25. s. 263 (2). Court-ordered election (3) If an order is made in any judicial proceeding requiring a by-election be held to fill a vacancy on a council, the clerk shall hold the by-election in accordance with the Municipal Elections Act, 1996. 2001. c. 25. s. 263 (3). Vacancy, head of council RLINK"http://www.e- laws.gov.on.ca/html/statutes/french/elaws_statutes01m25_f.htm"(4) Despite subsections (1) to (3). if the head of council of an upper-tier municipality is required to be appointed by the members of the upper-tier council, the upper-tier municipality shall till a vacancy in the office of head of council by appointment in the same manner as the head was originally appointed. 2001. c. 25, s. 263 (4). Rules applying to filling vacancies (5) The following rules apply to filling vacancies: 1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall, i. appoint a person to fill the vacancy under subsection (1) or (4). or ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1). 2. Despite paragraph 1. if a court declares an office to be vacant, the council shall act under subsection (1) or (4) within 60 days after the day the court makes its declaration. 3. Despite subsections (1) to (4), if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy. 2001, c. 25. s. 263 (5). Term 264. A person appointed or elected to fill a vacancy under section 263 shall hold office for the remainder of the term of the person he or she replaced. 2001. c. 25. s. 264. Application to court 265. (1) Any elector entitled to vote at the election of members of a council may apply to the Superior Court of Justice for a declaration that the office of a member of the council has become vacant in accordance with this Act. 2001. c. 25, s. 265 (1). Judicial finding (2) If the court finds that the office of a member of the council has become vacant, it may order the member removed from office and declare the office vacant. 2001, c. 25, s. 265 (2). Application of S.O. 1996, c. 32 (3) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act. 2001. c. 25, s. 265 (3). Combined application (4) The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed of together. 2001, c. 25, s. 265 (4). Minister's order 266. (1) If the council of a municipality is unable to hold a meeting for a period of 60 days because of a failure to obtain a quorum. the Minister may by order declare all the offices of the members of the council to be vacant and a by-election shall be held in accordance with the Municipal Elections Act, 1996. 2002. c. 17, Sched. A, s. 45 (1). Timing (2) The 60-day period referred to in subsection (1) commences on the day of the first meeting that could not be held because of a failure to obtain a quorum. 2001, c. 25. s. 266 (2). f� F-2014-07 Niagarrafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-07 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 January 31, 2014 were $15.6 million compared to $15.2 million in 2013. During January, tax receivables as a percentage of taxes billed increased slightly from 8.8% in 2013 to 9.1% in 2014. The City's finance staff has begun the tax collection process for properties that are subject to registration for 2014. There are currently forty-two 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 2014 lags slightly behind the collection history for 2013. Table 1 shows that taxes outstanding at January 31, 2014 are $15.6 million. This represents an increase from $15.2 million in arrears for the same period in 2013. 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 decreased from a year ago, whereas the residential property class has increased. 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 , 2014, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after one month of activity. This table shows 43.7% of the tax accounts or 170 properties have been paid in full or the owners have made suitable payment arrangements. During January, twenty-three accounts were paid in full. 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. February 25, 2014 -2 - F-2014-07 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of January, two registered properties were redeemed and three properties were registered. The outstanding taxes for registered properties represents 10.0% 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 January 31, 2014 is 9.1% which is a slight increase from 2013's value of 8.8%. 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 January 31 , 2014 Table 2 Taxes Receivable by Property Class at January 31, 2014 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: , iql Todd Harrison, irector o Finance Respectfully submitted: ) %44A)1 Ken To , Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at January 31,2014 2014 2013 Outstanding Taxes @ January 1,2014 $ 16,418,414 $ 16,115,681 Penalty charged in January $ 171,817 $ 168,519 Taxes Collected during January $ 974,729 $ 1,107,956 Outstanding Taxes @ January 31, 2014 $ 15,615,503 $ 15,176,251 TABLE 2 Taxes Receivable by Property Class as at January 31,2014 2013 %of Class 2013 %of Class Taxes Owing Taxes Owing Residential $ 8,387,369 53.71% $ 7,523,478 49.57% Multi-Residential $ 99,127 0.63% $ 147,632 0.97% Commercial $ 6,752,643 43.24% $ 6,990,724 46.06% Industrial $ 356,604 2.28% $ 496,672 3.27% Farmlands $ 19,760 0.13% $ 17,745 0.12% Total Receivables $ 15,615,503 100.00% $ 15,176,251 100.00% TABLE 3 Properties Subject to Registration as at January 31, 2014 Initial Amount 389 Paid in Full 23 5.9% Payment Arrangements 147 37.8% Ongoing Collection 219 56.3% Action Registered 0 0.0% 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount May 2014 9 $ 1,163,319 November 2014 24 $ 205,885 May 2015 9 $ 196,373 Totals 42 $ 1,565,577 MW-2014-05 Niagarafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW-2014-05 DWQMS Operational Plan and Municipal Drinking Water Licence Renewal RECOMMENDATION 1) That City Council as Owners of the Niagara Falls Water Distribution System endorse the Drinking Water Quality Management System Operational Plan, and 2) That staff be authorized to make the appropriate application to renew the City's Municipal Drinking Water Licence. EXECUTIVE SUMMARY In accordance with the Safe Drinking Water Act, 2002 the City of Niagara Falls is required to re-apply for its Municipal Drinking Water Licence. This is will be the first time the City has to renew its Municipal Drinking Water Licence under the Provinces new Drinking Water Licence and Drinking Water Works Permit program. BACKGROUND On April 6, 2009 Council endorsed MW-2009-21 DWQMS Operational Plan. This report authorized staff to submit the newly created DWQMS Operational Plan to the Ministry of the Environment and to the Canadian General Standards Board for review and accreditation. By submitting the Operational Plan and undergoing a document audit the City of Niagara Falls received a Drinking Water Works Permit and Municipal Drinking Water Licence from the Ministry of the Environment, as well as accreditation from the CGSB. In order maintain a Drinking Water Licence each Municipality must apply for renewal every five years. The City's Licence comes due in September, however the application date is made for six months prior to Licence expiry. February 25, 2014 -2- MW-2014-05 ANALYSIS Over the past five years the City's quality management system has been accredited by NSF International, and has been audited by both internal and external auditors to ensure conformance with the Provinces Drinking Water Quality Management Standard. In addition to ensuring accreditation of the QMS, annual Provincal inspection occurs to ensure complaince with the Safe Drinking Water Act, 2002. The aforementione audits and inspections act as checks and balance to ensure all drinking water meets or exceeds the Provincial standards. LEGAL IMPLICATIONS By not submitting the DWQMS Operational Plan and appropriate applications the City will have its Drinking Water Works Permit and Municipal Drinking Water Licence revoked. Revocation of these permits and licences prohibits the City from operating its own Drinking Water System. Additionally, revocation subjects the Drinking Water System Owner, Top Management and QMS Representative to charges and fines under the Safe Drinking Water Act, 2002. CITY'S STRATEGIC COMMITMENT This report is to ensure adherence to Provincial Legislation and is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations in doing so. ATTACHMENTS 1. DWQMS Operational Plan Recommended by: L '.. Geoff Holman, director df Municipal Works Respectfully submitted: tik1)-1j Ken Tod , Chief Administrative Officer James Sticca Atzt The Corporation Niagarajalls of the City of Niagara Falls City of Niagara Falls Water Distribution System Operational Plan r • „ I;in. .., g . is i `a w .: - I R �i.y: if +. - , • 1 _r liiiiiTh ' 4 ,g 3 TM ,f 9 tf ti Niagararalls CITY OF NIAGARA FALLS DRINKING WATER QUALITY MANAGEMENT SYSTEM: OPERATIONAL PLAN TABLE OF CONTENTS 1.0 Quality Management System 1 1.1 Purpose 1 1.2 Scope 1 1.3 Definitions 1 2.0 Quality Management System Policy 3 3.0 Commitment and Endorsement 4 4.0 Quality Management System Representative 5 5.0 Document and Records Control 6 5.1 Control of Documents 6 5.2 Control of Records 7 6.0 Drinking Water System 8 6.1 General 8 6.2 Niagara Falls Water Treatment Plant (WTP) 9 6.3 Niagara Falls WTP Source Water 9 6.4 Niagara Falls DWS 9 6.5 System Crosspoints and Interconnections 10 6.6 Description of Niagara Falls DWS Water Source 11 6.7 Common Event-Driven Fluctuations 11 6.8 Operational Challenges 11 7.0 Risk Assessment 12 8.0 Risk Assessment Outcomes 13 9.0 Organizational Structure, Roles, Responsibilities and Authorities 14 9.1 DWQMS Organizational Structure 14 9.2 DWQMS Roles, Responsibilities and Authorities 14 10.0 Competencies 15 11.0 Personnel Coverage 16 12.0 Communications 17 13.0 Essential Supplies and Services 18 14.0 Review and Provision of Infrastructure 19 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal 20 15.1 Infrastructure Maintenance Programs 20 15.2 Infrastructure Rehabilitation & Renewal Programs 24 16.0 Sampling, Testing and Monitoring 25 17.0 Measurement and Recording Equipment Calibration and Maintenance 26 18.0 Emergency Management 27 19.0 Internal Audits 28 20.0 Management Review 29 21.0 Continual Improvement 30 t NiagararailS CITY OF NIAGARA FALLS DRINKING WATER QUALITY MANAGEMENT SYSTEM: OPERATIONAL PLAN LIST OF FIGURES Figure 9-1: DWQMS Organizational Chart 14 Figure 14-1: DWQMS Infrastructure Review 19 LIST OF TABLES Table 6-1: Niagara Falls WTP Source Water Characteristics 9 Table 6-2: Niagara Falls DWS Connections 10 Table 13-1: Quality Assurance Review - Vendor Rating Criteria 18 LIST OF APPENDICES Appendix A: DWQMS System-Level Procedures and Supporting Documentation Appendix B: DWQMS Risk Assessment Results Appendix C: Procedures for Critical Control Point Monitoring and Response Appendix D: Niagara Falls Emergency Response Procedures Manual for Drinking Water �* Drinking Water Quality Management System:Operational Plan iaga rajii lls MW-ES-DWS-OP-001-001 1.0 Quality Management System 1.1 Purpose The purpose of this Operational Plan is to document the City of Niagara Falls' Drinking Water Quality Management System (DWQMS). The DWQMS provides a set of procedures, monitoring tools and evaluative methods that document the City's efforts to ensure that clean, safe and reliable drinking water is supplied to all of its customers. This Operational Plan was developed in alignment with the requirements of the Ministry of the Environment's Drinking Water Quality Management Standard and the accompanying Guidance Document'. 1.2 Scope This Operational Plan applies to all drinking-water-related operations at the City of Niagara Falls. The contents of the DWQMS Operational Plan include the following: Part Title Part DWQMS Operational Plan Summary Report Main Report DWQMS System-Level Procedures and Supporting Documentation , Appendix A DWQMS Risk Assessment Results Appendix B Procedures for Critical Control Point Monitoring and Response Appendix C Water Operations — Contingency Plan Appendix D 1.3 Definitions NSF NSF International is the selected Accreditation Body for City's International DWQMS auditing. City City of Niagara Falls Critical Control A point or step in a process at which a control can be applied in Point (CCP) order to prevent a hazardous event from occurring, eliminate a hazard, or reduce the hazard to an acceptable level. DWQMS Drinking Water Quality Management System DWS Drinking water system DWS Vendor Supplier or service provider that provides a product or service related to the water distribution system Hard-Copy Paper copy of a document MOE Ministry of the Environment. The MOE developed the DWQMS Standard and requires select Ontario municipalities & utilities to develop and implement a DWQMS as a component of the Municipal Drinking-Water Licence Program. "Implementing Quality Management:A Guide for Ontario's Drinking-Water Systems." Ministry of the Environment,July 2007. This document is CONTROLLED unless otherwise noted. Rev 3, Page 1 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan \iaga raJ-irf Is MW-ES-DWS-OP-001-001 Operator-in- Operator designated by the Owner or Operating Authority to Charge (OIC) perform duties as outlined in O. Reg. 128/04, s. 25 (SDWA) and as per applicable City procedures and guidelines. Overall Operator designated by the Owner or Operating Authority to Responsible perform duties as outlined in O. Reg. 128/04, s. 23 (SDWA) and as Operator (ORO) per applicable City procedures and guidelines. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. The Chief Administrative Officer has been identified as an Owner Representative. QMS Quality Management System Region Niagara Region Soft-Copy Electronic copy of a document SOP Standard Operating Procedure Top Person(s) at the highest management level within the Operating Management Authority that makes decisions respecting the DWQMS and recommended actions to the Owner regarding the DWS. For the City of Niagara Falls, Top Management has been identified as the the Director of Municipal Works. This document is CONTROLLED unless otherwise noted. Rev 3, Page 2 DO NOT PHOTOCOPY Drinking Water Quality Management System.Operational Plan iagaraJ'uIls MW-ES-DWS-OP-001-001 2.0 Quality Management System Policy The City of Niagara Falls owns and operates the Niagara Falls drinking-water distribution system (DWS #260002304). The City of Niagara Falls has adopted the Environmental Services Mission Statement (MW-ES-DWS-VIS-001-001) as its quality management system policy. This is an integrated policy statement that applies to both Water & Wastewater Operations2. With respect to Water Operations and the DWQMS, the City's Mission Statement is as follows: "Environmental Services, a combination or Water and Wastewater Services, strives to protect human health, the environment and public property in the City of Niagara Falls, in compliance with legislation and regulations and in an efficient, effective manner. Water Services: - Providing a reliable and dependable drinking water system delivering safe, potable water; - Maintaining and continuously improving the City's Drinking Water Quality Management System (DWQMS)." The City of Niagara Falls' Environmental Services Mission Statement (MW-ES-DWS-VIS- 001-001) has been approved by the Owner and Top Management of the DWS3 and is endorsed along with this DWQMS Operational Plan. The Mission Statement is posted internally at both City Hall and the Municipal Service Centre. The Mission Statement is also posted on the City's website for public viewing. 2 The Wastewater components of the Environmental Services Mission Statement(MW-ES-OWS-VIS-001-001)fall outside of the scope of the DWQMS and are not auditable. 2 Community Services Committee Report#CAO-2008-04, September 22,2008 This document is CONTROLLED unless otherwise noted. Rev 3, Page 3 DO NOT PHOTOCOPY _St It Drinking Water Quality Management System:Operational Plan Niagara/41M MW-ES-DW S-OP-001-001 3.0 Commitment and Endorsement This Operational Plan has been reviewed and approved by the City of Niagara Falls' Mayor, Council and Operating Authority Top Management. A resolution was passed by Council endorsing the Operational Plan and its contents on April 24, 2012 as per Report to Council MW-2014-05 DWQMS Operational Plan and Municipal Drinking Water License Renewal (see Appendix A). This document is CONTROLLED unless otherwise noted. Rev 3, Page 4 DO NOT PHOTOCOPY y-* Drinking Water Quality Management System:Operational Plan \iagaraJ'aIIs MW-ES-DWS-OP-001-001 4.0 Quality Management System Representative The Department of Municipal Works' DWQMS Coordinator has been appointed as the Quality Management System Representative for the City of Niagara Falls' DWQMS, and has been granted the authority to carry out all of the duties associated with this role. In addition to other components of his role, the DWQMS Coordinator holds the following responsibilities as QMS Representative: • Ensuring that the DWQMS is established, implemented and maintained; • Reporting to Top Management regarding the status and performance of the DWQMS and any need for improvement; • Ensuring that current versions of DWQMS documentation are in use at all times; • Ensuring that staff are aware of all applicable legislative and regulatory requirements that pertain to their duties in the operation of the City's drinking-water system; and • Promoting awareness of the DWQMS throughout the Operating Authority. This document is CONTROLLED unless otherwise noted. Rev 3, Page 5 DO NOT PHOTOCOPY Sit Drinking Water Quality Management System:Operational Plan \iaga raf nlls MW-ES-DWS-OP-001-001 5.0 Document and Records Control 5.1 Control of Documents A procedure has been developed that outlines document control processes for the Operating Authority. The purpose of DWQMS Control of Documents (MW-ES-DWS-PRO-002-001 — see Appendix A) is to provide a controlled process for the creation, modification, review, approval, distribution, retrieval and protection of DWS-related documentation at the City of Niagara Falls. DWS-related documentation is identified using a unique numbering system specified in DWQMS Control of Documents (MW-ES-DWS-PRO-002-001). The task of creating internal DWS-related documentation is delegated to an appropriately-qualified Municipal Works staff member according to the staff member's level of expertise in the subject matter to be documented. When a draft document has been prepared, it is reviewed and approved as specified in DWQMS Control of Documents (MW-ES-DWS-PRO-002-001). Revisions to existing documentation are completed by the Document Author and reviewed and approved as specified in DWQMS Control of Documents (MW-ES-DWS-PRO-002-001). Master copies of documentation are signed by the Document Author and the Final Approver and provided to the DWQMS Coordinator. The DWQMS Coordinator ensures that all hard- copy and soft-copy master documents are safely stored and protected from damage, deterioration and unintended circulation. As documentation is revised, any old master hard- copies are disposed of and replaced with the new version; soft-copies of documentation are archived and retained as specified in the DWQMS Record Control Matrix (MW-ES-DWS-LM- 003-001). The DWQMS Coordinator creates a read-only version of the electronic document and saves it to the City's U: drive (U:\DWQMS). Operating Authority staff members who have computer accesses/logins can view soft-copies of documentation at this location. Electronic copies of master documentation are controlled by the DWQMS Coordinator and are protected from distribution or editing. The DWQMS Coordinator prints the required number of controlled copies of the document and ensures that they are distributed according to the DWQMS Document Control Matrix (MW- ES-DWS-LM-002-001 — see Appendix A). Obsolete versions of documentation are marked as "OBSOLETE", removed from circulation, and archived or shredded. This document is CONTROLLED unless otherwise noted. Rev 3, Page 6 DO NOT PHOTOCOPY Drinking Water Quality Management System.Operational Plan \iagarafa lls MW-ES-DW S-OP-001-001 5.2 Control of Records A procedure has been developed that outlines record control processes for the Operating Authority. DWQMS Control of Records (MW-ES-DWS-PRO-003-001 — see Appendix A) specifies processes for the collection, identification, storage, maintenance, protection, retention and disposal of DWS-related records at the City of Niagara Falls. The DWQMS Coordinator holds responsibility for the oversight of record control processes. The DWQMS Record Control Matrix (MW-ES-DWS-LM-003-001— see Appendix A) lists DWS records managed under this procedure. Each record profile within the Matrix lists the record name, minimum record retention time, record owner (i.e., person responsible for the record), and physical form of storage including the storage location(s). Where required by legislation and/or regulations, DWS records are made available for review by customers and/or stakeholders. Once the indicated minimum retention time has been reached, drinking-water system records are destroyed. Records should be disposed by the end of the calendar year in which their minimum retention time elapses, as stated in DWQMS Record Control Matrix (MW-ES-DWS- LM-003-001— see Appendix A) This document is CONTROLLED unless otherwise noted. Rev 3, Page 7 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan \iagar;.f uIls MW-ES-DWS-OP-001-001 6.0 Drinking Water System 6.1 General The City of Niagara Falls owns and operates the Niagara Falls Drinking Water System (Niagara Falls DWS). This is a distribution system only; water treatment falls outside of the scope of City operations. The City receives its treated drinking-water from the Niagara Falls Water Treatment Plant (Niagara Falls WTP), which is owned and operated by the Regional Municipality of Niagara (Region). The Niagara Falls DWS distributes drinking water to approximately 28,000 households and 70,300 residents4 through approximately 450 km of City-owned and 65 km of Regionally- owned watermains. The service area is bounded by the Town of Niagara-on-the-Lake to the north, Garner Road to the west, Weinbrenner Road to the south, and the Niagara River to the east as shown in the Niagara Falls DWS Map (MW-ES-DWS-VIS-001-002 — see accompanying CD). Letter of Understanding A "Letter of Understanding — Water Servicing" (March 22, 2007) exists between the Region and the City of Niagara Falls that documents activities and processes undertaken to ensure the continued supply, operation and delivery of water services to City residents and customers. This Letter of Understanding outlines the following: • Ownership of Infrastructure: The Region is understood to own and operate all drinking- water system infrastructure up to and including the first valve on any connections to Regionally-owned transmission mains. • Supply Requirements: Supply requirements are outlined including quantity of water to be delivered by the Region, system pressure requirements, and operation and continued supply. • Maintenance Requirements: Outlined requirements provide details of watermain break protocols, communication of system isolation and watermain flushing activities. • Water Quality Requirements: Details include potable water/drinking water quality requirements, water testing requirements, and requirements for sharing of test results and adverse water quality event notifications. It is stated that potable/drinking water quality shall meet or exceed all regulatory requirements, operational guidelines, and aesthetic objectives as detailed in the Ontario Drinking-Water Standards. • Emergency Response Requirements: Outlined are requirements for contingencies, responsibilities and support requests/contact list availability. Plans for Emergency Response Procedures must be shared with all parties and maintained and updated as required. Service population data as of November 2008. This document is CONTROLLED unless otherwise noted. Rev 3, Page 8 DO NOT PHOTOCOPY Z. Drinking Water Quality Management System:Operational Plan iagaraJ•ails MW-ES-DW S-OP-001-001 6.2 Niagara Falls Water Treatment Rant (WTP) The Niagara Falls DWS receives its water from the Niagara Falls WTP. While the City is not responsible for the treatment of water, a description of the Niagara Falls WTP is included for informational purposes. Owned and operated by the Regional Municipality of Niagara, the Niagara Falls WTP is a water intake and treatment facility serving the City of Niagara Falls, the City of Thorold (via the City of Niagara Falls and the Region), and the Town of Niagara-on-the-Lake (also via the City of Niagara Falls and the Region). The facility is rated at a maximum capacity of 145ML/day. Raw water is introduced via a 1,200mm diameter intake pipe extending approximately 140m into the Welland River. Water treatment processes include pre-chlorination, conventional screening, coagulation, flocculation, sedimentation, filtration, ultra-violent disinfection and post- chlorination. The water then travels through a high-lift pumping station before transfer to the Region's transmission system. Two Regionally-owned water storage facilities, the Kent Avenue Reservoir and the Lundy's Lane Elevated Tank, store treated water for City distribution. 6.3 Niagara Falls WTP Source Water Raw water for the Niagara Falls WTP is drawn from the Welland River at the mouth of the Niagara River; this location is locally known as Chippawa Creek. The intake pipe is located at an approximate depth of 5.5m. Source water characteristics are outlined in Table 6-1 as follows5: Table 6-1: Niagara Falls WTP Source Water Characteristics Parameter Minimum Maximum Average (based on 2009 data) /based on 2009 data) (based on 2009 data) Turbidity (NTU) 0.7 81.792 7.367 pH 6.5 8.390 8.060 Temperature (°C) 0.0 25.5 10.162 6.4 Niagara Falls DWS The Niagara Falls DWS includes two treated water storage facilities: the Lundy's Lane Elevated Tank (capacity: 2.455ML) and the Kent Avenue Reservoir (capacity: 20.4ML); the latter of these also houses a pumping and re-chlorination station. All of these storage and pumping facilities are owned and operated by the Region. The City of Niagara Falls does not complete any additional pumping, treatment or re-chlorination activities. 5 Source. Regional Municipality of Niagara This document is CONTROLLED unless otherwise noted. Rev 3, Page 9 DO NOT PHOTOCOPY ft-{ Drinking Water Quality Management System:Operational Plan lagarai-411 s MW-ES-DWS-OP-001-001 The Region's Niagara Falls WTP connects to the City's DWS via three trunk watermains. These include a 675mm watermain that services the City's tourist area, a 750mm watermain that supplies the Lundy's Lane Elevated Tank, and a 1050mm watermain that supplies the Kent Avenue reservoir and services areas west of the QEW. Niagara Region owns and maintains a total of approximately 65 km of trunk watermain within City boundaries as referenced in the Niagara Falls DWS Map (MW-ES-DWS-VIS-001-002). The Region has three chlorine booster stations located at Montrose Road (north of Lundy's Lane), Stanley Avenue (at Highway 405) and Brown Road (at Thorold Townline Road). The City operates two bulk water filling stations on Stanley Avenue: one is located at the Municipal Service Centre and the other is located at Chippawa Parkway and Stanley Avenue. The City does not complete any treatment or rechlorination activities. There are approximately 27,000 City-owned water meters in the Niagara Falls DWS. The City's DWS infrastructure includes approximately 440km of watermains, 3,060 fire hydrants and 4,600 valves. City watermains range in size from 25mm to 450mm, and approximately 97% of these are between 100mm and 300mm in diameter. An estimated 40% of the City's watermains are constructed in cast iron and an estimated 35% in poly vinyl chloride, with the majority of the remaining watermains constructed in ductile iron, asbestos cement or polyethylene. 6.5 System Cross Points and Interconnections The City of Niagara Falls' drinking water system includes the following Regional and intermunicipal connections as listed in Table 6-2 below: Table 6-2: Niagara Falls DWS Connections From To Niagara Falls WTP (Regional) Niagara Falls DWS (City-Owned) (over 110 connections as noted on map) Niagara Falls DWS (City-Owned) Niagara-on-the-Lake DWS (Mewburn Road at City Limits) Niagara Falls DWS (City-Owned) Bevan Heights DWS — Niagara-on-the-Lake (Niagara Townline Road at Melrose Drive) Niagara Falls DWS (City-Owned) Niagara Region (Brown Road at Garner Road) — transmission to Port Robinson (City of Thorold) Niagara Falls DWS (City-Owned) Niagara Region (McLeod Road at Montrose) — transmission to City of Thorold This document is CONTROLLED unless otherwise noted. Rev 3. Page 10 DO NOT PHOTOCOPY .�* Drinking Water Quality Management System:Operational Plan \iaga raFal is MW-ES-DWS-OP-001-001 6.6 Description of Niagara Falls DWS Water Source Treated water from the Niagara Falls WTP serves as the drinking-water source for the Niagara Falls DWS. The quality of the drinking water leaving the WTP must meet or exceed all regulatory requirements. Regional data reflecting turbidity and chlorine residual levels at WTP discharge is provided to the City on a weekly basis as per the "Letter of Understanding —Water Servicing" (see Section 6.1). 6.7 Common Event-Driven Fluctuations As the City of Niagara Falls is not responsible for water treatment, the City's operations are not directly impacted by fluctuations in raw water quality. Event-driven fluctuations affecting raw water quality, such as storms, do not typically affect the City's operation of the drinking-water distribution system as the impacts of these fluctuations are managed by the Region at the treatment stage. Water volume has not been an issue in past for the City. The Niagara River serves as the raw water source for the Niagara Falls WTP, and river levels do not fluctuate to a degree that would compromise WTP operations. The two Regionally-owned and operated treated water storage facilities provide a limited backup supply of treated water for the distribution system. In past summers, the City has occasionally experienced a decrease in levels of residual chlorine in the distribution system. The City has seen a significant improvement in chlorine residuals since the Region increased chlorine dosing at the Niagara Falls WTP and installed a chlorine booster station at the Kent Avenue Reservoir. Monitoring practices are in place to ensure that levels do not drop below regulatory limits. 6.8 Operational Challenges The City does not experience any significant operational challenges related to the fluctuations identified in Section 6.7 above. This document is CONTROLLED unless otherwise noted. Rev 3, Page 11 DO NOT PHOTOCOPY IS} Drinking Water Quality Management System:Operational Plan N hlga r•aJvdtti MW-ES-DWS-OP-001-001 7.0 Risk Assessment A procedure has been created to describe the City of Niagara Falls' DWQMS Risk Assessment process. DWQMS Risk Assessment (MW-ES-DWS-PRO-004-001 — see Appendix A) documents the process for completing the City of Niagara Falls' DWQMS Risk Assessment, including the legislative, regulatory and internal requirements for this risk assessment and the criteria for assessing risk. Members of the City's Risk Assessment Team are outlined in DWQMS Risk Assessment (MW-ES-DWS-PRO-004-001). Before the risk assessment is initiated, the Risk Assessment Team reviews the description of the drinking-water system contained in the Operational Plan and identifies high-risk and/or high quantity users of drinking water in order to ensure their unique requirements are taken into account, where required, in completing the risk assessment. The Risk Assessment Team then examines the City's drinking water system for potential hazards6 that could compromise the performance of the system and/or the quality of the drinking water. The Risk Assessment Team evaluates each identified hazard against evaluation criteria outlined in DWQMS Risk Assessment (MW-ES-DWS-PRO-004-001). The Team assesses the likelihood of the occurrence of the hazard, the consequences of the hazard's effects, and the detectability of the hazard were it to occur. Using these three criteria, a Risk Rating is determined for each hazard. Hazards with greater Risk Ratings are evaluated to determine whether a Critical Control Point (CCP) can be established at the hazard location. Where a CCP is identified, critical control limits and monitoring/response procedures are developed to ensure that rapid action can be taken to eliminate or reduce the hazard when it is identified. Regardless of Risk Rating, any hazards relating to disinfection processes are identified as CCPs. The DWQMS Risk Assessment is reviewed annually by the DWQMS Risk Assessment Team. Once every three years, a new Risk Assessment is completed. Details of these reviews and reassessment processes are contained in DWQMS Risk Assessment (MW-ES-DWS-PRO- 004-001). For the purposes of this Section,"hazard"is understood to mean"hazard and/or hazardous event". This document is CONTROLLED unless otherwise noted. Rev 3,Page 12 DO NOT PHOTOCOPY -# Drinking Water Quality Management System:Operational Plan ::\iagarafiills MW-ES-DWS-OP-001-001 8.0 Risk Assessment Outcomes The City of Niagara Falls' DWQMS Risk Assessment was completed on May 13th, 2008. Results of the Risk Assessment are documented in Appendix B of this Operational Plan. All hazards' were identified, assessed and addressed according to Section 7.0 of this Operational Plan and the City's DWQMS Risk Assessment procedure (MW-ES-DWS-PRO-004-001). The City's Critical Control Limit Monitoring and Response SOPs can be found in Appendix C unless otherwise noted and include monitoring and response requirements for critical control limit exceedances. These SOPs are identified as follows: Watermain Break Repair(MW-ES-DWS-SOP-011-001) - Winter Inspection— Black Ring Hydrants (MW-ES-DWS-SOP-011-012) - Hydrant— Inspection, Flushing and Repair(MW-ES-DWS-SOP-011-014) - Hydrant— Painting (MW-ES-DWS-SOP-011-015) - Hydrant— Thawing Frozen Hydrants (MW-ES-DWS-SOP-011-016) - Distribution System Pressure Model(MW-ES-DWS-SOP-011-035) - Microbiological Sampling— Weekly Sampling (MW-ES-DWS-SOP-012-003) - Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) - Lead Sampling (MW-ES-DWS-SOP-012-005) - Suspected Backflow or Cross Connection (MW-ES-DWS-SOP-014-002) — see Appendix D For the purposes of this Section,"hazard"is understood to mean"hazard and/or hazardous event". This document is CONTROLLED unless otherwise noted. Rev 3, Page 13 DO NOT PHOTOCOPY Drinking Water Quality Management System.Operational Plan lag:ma/it/is MW-ES-DWS-OP-001-001 9.0 Organizational Structure, Roles, Responsibilities and Authorities 9.1 DWQMS Organizational Structure The DWQMS Organizational Chart for the City of Niagara Falls' DWS is shown in Figure 9-1 below. Figure 9-1: DWQMS Organizational Chart z Director,Municipal Works Operating Authority (Top Management) Operations Superintendent Environmental Services Coordinator Manager (QMS Representative) ES Supervisor— ES Supervisor— ES Supervisor Water Operations Dig Crews Water Operations Water Operations Wien—petations Water Operations Staff Staff Stall The DWQMS Organizational Chart is reviewed on an annual basis, and may be reviewed more frequently if significant organizational changes occur within the Operating Authority. 9.2 DWQMS Roles, Responsibilities and Authorities The DWQMS Roles, Responsibilities and Authorities Matrix (MW-ES-DWS-LM-005-001 — see Appendix A) outlines the roles, responsibilities and authorities of drinking-water system personnel at the City of Niagara Falls. The descriptions contained within this matrix are not intended to be comprehensive descriptions of Water Section roles within the City's Municipal Works Department; rather, the descriptions highlight only those responsibilities relating to the operation & maintenance of the City's drinking-water system. Job descriptions are to be observed as the primary source for inclusive summaries of the listed roles. This document is CONTROLLED unless otherwise noted. Rev 3, Page 14 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan iagaraf Falls MW-ES-DWS-OP-001-001 10.0 Competencies A procedure has been developed to outline processes followed by Operating Authority staff in planning, scheduling and tracking training activities. DWQMS Competencies and Training (MW-ES-DWS-PRO-006-001 — see Appendix A) applies to staff performing work directly affecting drinking water quality (i.e., Certified Water Operators). The DWQMS Competencies Matrix (MW-ES-DWS-LM-006-001 — see Appendix A) outlines the competencies of those Operating Authority Personnel whose work directly affects drinking- water quality. The descriptions highlight only those required competencies relating to work affecting drinking-water quality; job descriptions are to be observed as the primary source of inclusive summaries for the listed positions. The DWQMS Coordinator is responsible for planning and scheduling training, and completes this exercise in consultation with Certified Water Operators. Training is planned and scheduled in alignment with the applicable requirements of O. Reg. 128/04. On an annual basis, Water Operators are consulted to identify training topics of interest. Training programs and courses are selected for staff based on training topic, location, and Operator training hour requirements. The DWQMS Coordinator maintains records of Operator training, and uses the City's "InfoHR" database program for this purpose. When training activities have been completed, the DWQMS Coordinator creates a training record in InfoHR that includes the number of training hours completed, the name of the training provider and the trainer, and the number of CEUs obtained (if applicable). InfoHR training records can be printed for review upon request. The DWQMS Coordinator also maintains a binder for each Operator that includes copies of training certificates, confirmations for upcoming training events, and other hard-copy records. Each Certified Water Operator at the City of Niagara Falls is required to complete the Ministry of the Environment's mandatory renewal course course8. Completion of this course is required in order to maintain Drinking Water Operator certification. The course focuses on the essentials of safe drinking water and the maintenance of drinking water quality by ensuring distribution system integrity, and ensures that Water Operators are aware of the relevance of their duties and how they affect safe drinking water. e Course is re-designed and re-named every 3 years. This document is CONTROLLED unless otherwise noted. Rev 1 Page 15 DO NOT PHOTOCOPY .lam Drinking Water Quality Management System:Operational Plan iagarafalls MW-ES-DW S-OP-001-001 11.0 Personnel Coverage A documented procedure, DWQMS Personnel Coverage (MW-ES-DWS-PRO-007-001 — see Appendix A), has been developed to document the processes used by the City of Niagara Falls to ensure that adequate staffing & personnel coverage is maintained in order to effectively operate and manage the DWS. The procedure details measures to be followed during regular business hours as well as evenings, weekends and holidays. An Environmental Services Supervisor is appointed as the Primary ORO for the City of Niagara Falls' DWS. In the absence of the appointed Environmental Services Supervisor (i.e., due to training, vacation, illness, etc.), an appropriately-qualified Environmental Services Supervisor is appointed to act as an Alternate ORO for the City. Operator-in-Charge duties are assigned to qualified Certified Water Operators on a rotating basis. For any given date, the Operator-in-Charge is identified in the Operator logbook. Typically, Operator-in-Charge duties are assigned to an appropriately-qualified Environmental Services Supervisor. The Operating Authority operates one day shift only. Day shift hours of operation are Monday to Friday, 8:00am — 4:00pm. Certified Operators are identified in Certified Drinking-Water System Personnel(MW-ES-DWS-LM-007-001) along with the licence held by each operator. Environmental Services Supervisors are assigned on-call responsibilities on a weekly rotation from November to Mid-March (weather dependant) as per the DWS On-Call Schedule (MW- ES-DWS-LM-007-002). The On-Call Supervisor is contacted as required for after-hours issues, and assumes responsibility for contacting additional Water Operations staff as required for the after-hours response. Where required, staff are contacted for overtime as per the requirements of the Collective Bargaining Agreement. The Department may also request contractor assistance as needed. The City operates two bulk water filling stations; these sites are inspected on a weekly basis by qualified Water Operations staff. In the event of a labour disruption affecting the operation of the DWS, non-unionized staff with appropriate Drinking Water Operator Certifications will be assigned to operate the DWS. Additional contractual labour may be acquired to perform work under the supervision of Certified Water Operators, where required. This document is CONTROLLED unless otherwise noted. Rev 3, Page 16 DO NOT PHOTOCOPY pLiCt Drinking Water Quality Management System:Operational Plan \iaga raj ally MW-ES-DWS-OP-001-001 12.0 Communications A procedure, DWQMS Communications (MW-ES-DWS-PRO-008-001 — see Appendix A), has been developed to outline the processes and methods used by the Top Management of the City of Niagara Falls' DWS Operating Authority in communicating with the Mayor and Council, Operating Authority staff, DWS Vendors, and the public on matters relating to the City's drinking-water system and drinking-water quality. DWQMS Awareness Training has been developed by the DWQMS Implementation Team on behalf of Top Management. This training is used as a tool to communicate fundamentals of the DWQMS to Operating Authority staff, and can be presented to other parties as required. Training includes details of the legislative framework of the DWQMS, the purpose and scope of the DWQMS, a review of the Environmental Services Mission Statement (MW-ES-DWS- VIS-001-001), details of DWQMS roles and responsibilities, and other information. Details of this training are provided in DWQMS Awareness Training (MW-ES-DWS-PRO-006-002— see Appendix A). Top Management communicates the DWQMS to the Owner through presentations at Council Meetings and/or Committee of the Whole meetings, Reports or Update Documents to Council or to the Committee of the Whole, and informal day-to-day communications. Top Management communicates with Operating Authority staff in the operation and maintenance of the drinking-water system in a variety of ways, including but not limited to verbal communication, formal and informal written communication, the development and implementation of DWQMS procedures and policies, provision of DWQMS Awareness Training, communication at meetings, and communication of internal and external audit results. The Operating Authority completes the majority of its communication with DWS Vendors through the Environmental Services Manager. The Manager works with the DWQMS Coordinator and the City's Purchasing Department to coordinate communication with DWS Vendors. DWS Vendors whose products or services may affect drinking-water quality are identified and evaluated on an annual basis (refer to Section 13.0 of this Operational Plan). Top Management and the Operating Authority communicate with the public about the DWQMS via the City of Niagara Falls' website and through media releases. Copies of the DWQMS Operational Plan are also made available for public review at selected City offices. This document is CONTROLLED unless otherwise noted. Rev 3,Page 17 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan N iaga raFa lls MW-ES-DWS-OP-001-001 13.0 Essential Supplies and Services The DWQMS Essential Supplies and Services procedure (MW-ES-DWS-PRO-009-001 - see Appendix A) describes the processes by which the City of Niagara Falls' DWS Operating Authority identifies the supplies and services that it deems essential to its water-related operations. The procedure also documents the process followed by the Operating Authority in verifying the quality of the supplies and services insofar as they impact drinking-water quality. The List of Essential DWS Supplies and Services (MW-ES-DWS-LM-009-001 - see Appendix A) lists Niagara Falls' drinking-water system essential supplies and services, identifies the primary Vendor (and alternate, where available), and specifies the mode of delivery, desired inventory levels, and reordering thresholds for supplies. The list also identifies the Operating Authority's minimum quality requirements for each essential supply or service. A Quality Assurance Review of all DWQMS essential supplies and services is undertaken at least once per year. During this review, Vendor performance and supply/service quality is assessed against the minimum quality requirements as identified in the List of Essential DWS Supplies and Services (MW-ES-DWS-LM-009-001). Each Vendor is rated according to the criteria listed in Table 13-1 below. Table 13-1: Quality Assurance Review - Vendor Rating Criteria Rating Criteria 1 (Good) — Vendor/product has relevant certifications (ANSI-NSF, AWWA, etc.). — Minimal to no non-conformances have been issued relating to the vendor's performance or the quality of the supplied good/service. — Vendor response to non-conformances is satisfactory. 2 (Adequate) — Vendor/product does not have relevant certifications (ANSI-NSF, AWWA, etc.). — Several non-conformances have been issued relating to the vendor's performance or the quality/quantity of the supplied good or service. — Vendor response to non-conformances requires improvement. 3 (Action — Multiple non-conformances have been issued relating to the vendor's Required) performance or the quality/quantity of the supplied good or service. — Vendor response to non-conformances is unsatisfactory. Wherever action is required with respect to a DWS Vendor (i.e., a rating of 3 is assigned), Top Management and any other affected Managers/Supervisors must be informed. Results of the QA Review are forwarded to Top Management along with any recommendations for Vendor non-conformances, Vendor continual improvement initiatives or Vendor exclusions. Non-conformances may be issued to DWS Vendors. Non-conformances are communicated to Vendors with requested date for response. Vendor nonconformance reports (with corrective actions) are reviewed on an annual basis as part of the Vendor QA Review. This document is CONTROLLED unless otherwise noted. Rev 3,Page 18 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan \iagarajulis MW-ES-DWS-OP-001-001 14.0 Review and Provision of Infrastructure A procedure has been developed to outline the process followed by the City of Niagara Falls in reviewing the adequacy of its drinking-water system infrastructure. DWQMS Review and Provision of Infrastructure (MW-ES-DWS-PRO-010-001 — see Appendix A) provides details of the infrastructure review process, including review participants, input data and formation of recommendations as input to budgeting processes. The DWS infrastructure review process is shown in Figure 14-1: Figure 14-1: DWQMS Infrastructure Review y Compile infrastructure review documentation ?' v V g d Assemble DWS Infrastructure Review Team N� Conduct annual DWS infrastructure review m V C WWW C Revise associated documentation — W Report to Council Members of the City of Niagara Falls' DWS Infrastructure Review Team are listed in DWQMS Review and Provision of Infrastructure (MW-ES-DWS-PRO-010-001). The DWS Infrastructure Review Team meets on an annual basis to review the previous year's operational history and proposed infrastructure rehabilitation plans for the subsequent year. Necessary documents compiled for the annual DWS Infrastructure Review meeting are listed in the DWQMS Review and Provision of Infrastructure (MW-ES-DWS-PRO-010-001). Where deemed necessary, the DWQMS Coordinator may circulate selected documentation to the DWS Infrastructure Review Team in advance of the meeting for their review and consideration. Infrastructure replacement strategies are developed and prioritized based on known water quality issues and ability to maintain fire flows. Other criteria that may be considered include but are not limited to watermain break history, knowledge of watermain C-factor information, lack of redundancy in feeds to system areas, and/or coordination with other proposed infrastructure projects within the City (i.e., roadwork). A Municipal Works Asset & Infrastructure Report is prepared annually for the Owner. The DWS Infrastructure Review Report is provided to the Owner. This document is CONTROLLED unless otherwise noted. Rev 3, Page 19 DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan Niagara/41M M W-ES-DWS-OP-001-001 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal The City of Niagara Falls' DWS Operating Authority has established several infrastructure maintenance, rehabilitation and renewal programs to protect the integrity of its drinking-water system infrastructure and the quality of its drinking-water. 15.1 Infrastructure Maintenance Programs Table 15-1 (following page) summarizes the drinking-water system infrastructure maintenance programs that are in place at the City of Niagara Falls. Infrastructure maintenance programs are completed according to the levels of service outlined in Table 15-1. Deficiencies are corrected on a priority basis. Deficiencies in fire hydrant function are considered to be of high priority and are repaired as soon as possible. The City of Niagara Falls strives for continuous delivery of clean, safe drinking water. To this end, the City has established Operational Performance Indicators as a means of ensuring the continued performance of its infrastructure and the effectiveness of its maintenance programs. Table 15-1 includes a summary of the Operational Performance Indicators established for each listed infrastructure component. Operational Performance Indicators are established based on unexpected failures in infrastructure, and do not include deficiencies discovered during the completion of routine maintenance programs. This document is CONTROLLED unless otherwise noted. Rev 3, Page 20 DO NOT PHOTOCOPY DWS Infrastructure Maintenance Programs — City of Niagara Falls Tracking Method N 12 O E Y N O u) 4) 72 O E Y a) OO to Q) E O E Y N OO v) Work order system Work order system Operational Performance Indicator' • Less than 75 service interruptions permitted per year due to watermain breaks. • 8 hours permitted per watermain break event. • 20 service interruptions permitted per year due to water service breaks. • 8 hours permitted per water service break event. • Ongoing elimination of substandard services (i.e., galvanized, lead, 5/8" copper, cast -iron, etc.) • 100% of known lead water services to be replaced. • 8 hours permitted per water service replacement. • 10 valve seizures permitted per year. • 8 hours permitted per valve seizure event. • 2 valve chamber deficiencies permitted per required use. Level of Service Applicable Procedures Watermain Break Repair (MW-ES- DWS -SOP- 011 -001) cc 1 T Q`o sz E.J. t. d0 co • owamH y'0p O)N3 m CD d QQ Er; 3coU�W °o Valve Turning — 100mm -300mm (MW-ES- DWS -SOP- 011 -019) Frequency As required by unplanned emergency events. As required by unplanned emergency events. 0) c C f0 D_ 0 Q 20% of system per calendar year. At valve operation. Maintenance Activities Complete emergency watermain break repairs. Complete emergency water service repairs. Replace water services within road allowance. Exercise valves. Inspect valve chambers for deficiencies. Infrastructure Component Watermains N N U N N m 06 ` N j To N L > U DO NOT PHOTOCOPY Tracking Method Work order system 00 0 E Y 0 O U) co i 1 o f Y O w vTi CID CZ w 0 C to >. C M N ._ -� 0 0. -00 = U 0 7 O Q d C 2 U 0 d 12 o j Operational Performance Indicators • 8 hours permitted per valve replacement or repair event. • 4 hours permitted per curb stop or curb box repair event. • 8 hours permitted per curb stop or curb box replacement event. • Zero adverse water quality incidents permitted as a result of low chlorine residuals. • 2 coloured water and /or turbidity complaints permitted per 100 hydrants flushed. • 6 hours permitted per hydrant Level of Service Applicable Procedures Distribution Valve Repair (MW-ES- MS-SOP-011-017) Distribution Valve Replacement (MW- ES-DWS- SOP -011- 018) Curb Box Repair — Dig Crew (MW-ES- DWS -SOP- 011 -020) Curb Box Repair - Hydrovac (MW-ES- DWS -SOP- 011 -021) Curb Stop Replacement 1 (MW-ES- DWS -SOP- 011 -022) Hydrant Inspection, Flushing and Repair (MW-ES- DWS -SOP- 011 -014) Hydrant Inspection, 0 0 6 0 LL As planned or as required by unplanned emergency events. 0 o o c c N Q 0 a m o c y Q Once annually. As required — resulting from Maintenance Activities Repair or replace valves. Repair curb stops and /or curb boxes. d 3 O U O 0 C O (p co N N N 0 0 0 cc y a Flush and inspect hydrants (City - owned). Repair damaged or malfunctioning cu o c V C O E O c U a2$ ch d • N O X o n m 7 U c 11_3 N > = 0 E m a a This document is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Tracking Method E a) in a Work order system Work order system Work order system a) co iti N C m >.c • E m = N -° O a > CO 7 `0 N E -0 3 0 0 7 0 Bulk water station checklists Operational Performance Indicator' repair event. • 2 working days permitted per hydrant replacement event. • 1 bagged hydrant permitted per 10,000 service population. • Zero frozen hydrants permitted at time of use. • Zero hydrants permitted with unmarked flow rates. • Zero adverse water quality incidents permitted as a result of low chlorine residuals. • 2 coloured water and /or turbidity complaints permitted per 100 blow -offs flushed. No issues identified during bulk water station inspections. Level of Service Applicable Procedures Flushing and Repair (MW-ES- DWS -SOP- 011 -014) Hydrant Replacement (MW -ES -DWS -SOP- 011 -037) Winter Inspection — Black-Ring Hydrants (MW-ES- DWS -SOP- 011 -012) Hydrant — Painting (MW-ES- DWS -SOP- 011 -015) Blow -Offs (MW -ES- DWS- SOP- 011 -007) Bulk Water Station (MW- ES -DWS- FRM- 014 -004) Frequency inspected defects or water modelling results. As needed (usually planned, but may require emergency replacement). Annually (fall /winter) and after hydrant use during winter months. As needed. Minimum once every 5 years. Once annually. Once annually. Maintenance Activities hydrants Replace irreparable hydrants. Inspect and drain/ winterize black - ring hydrants. Hydrant painting Flush blow -offs. Inspect bulk water stations L — w LI c Q CL N E co 4EU C t 0 o m Bulk water stations Rev 2, Page 23 This document is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan iagaraja Its MW-ES-DWS-OP-001-001 15.2 Infrastructure Rehabilitation & Renewal Programs Table 15-2 documents drinking-water system infrastructure rehabilitation and renewal programs in place at the City of Niagara Falls. Table 15-2: DWS Infrastructure Rehabilitation & Renewal Programs — City of Niagara Falls Infrastructure Component Rehabilitation & Renewal Activities Water Meters • Small Water Meter Replacement Program: Life cycle replacement of (New Program) aging residential or small commercial meters (50mm or smaller). Residential and small commercial meters have a maximum life cycle of 15 years. Backflow • Backflow Prevention Program in the development stage. Prevention Devices Lead Service • 100% of lead service lines to be replaced up to customer property, as Replacement discovered. Program This document is CONTROLLED unless otherwise noted. Rev 2, Page 24 DO NOT PHOTOCOPY * Drinking Water Quality Management System:Operational Plan \iagara)'alis MW-ES-OW S-OP-001-001 16.0 Sampling, Testing and Monitoring The DWQMS Sampling, Testing and Monitoring procedure (MW-ES-DWS-PRO-012-001 — see Appendix A) applies to all sampling, testing and monitoring conducted or delegated by the City of Niagara Falls' Operating Authority as required by the applicable regulations and/or for the operation of the drinking water system. This procedure describes the required distribution system sampling, testing and monitoring activities completed by City of Niagara Falls' Operating Authority Staff, including the types and numbers of samples required, frequency of sampling and Standard Operating Procedures to be followed. Sampling and monitoring requirements for the City's drinking-water distribution system are identified in DWQMS Sampling, Testing and Monitoring procedure (MW-ES-DWS-PRO- 012-001). The procedure includes details of regulatory sampling requirements as well as sampling protocols relating to distri bution system construction or repair and sampling relating to customer complaints. As per O. Reg. 170/03, selected samples are required to be taken at a point in the system where conditions are most challenging. Where this is a requirement for the sample in question, sample location conditions are also specified in the procedure. Treated water is provided to the City of Niagara Falls by the Niagara Region; as such, the City's Operating Authority Staff are responsible for distribution system sampling as required by O. Reg 170/03. The Niagara Region is required to conduct raw water and treated water sampling activities. As per O. Reg. 170/03, Niagara Region is required to conduct raw water and treated water sampling activities. Related sampling requirements for the Region are outlined in O. Reg. 170/03 On accordance with the Schedules applicable to a "Large Municipal Residential System" that uses surface water as source water). The City of Niagara Falls is responsible to complete distribution system sampling only. Results of selected Regional testing are shared with the City as per the Letter of Understanding— Water Servicing between Niagara Region and the City of Niagara Falls (February 6, 2006). In the event of an adverse drinking water test result, the City's contracted accredited laboratory provides immediate oral notification of the result to the City. The City then provides immediate oral notification to the Niagara Medical Officer of Health and the Ministry of the Environment Spills Action Centre. Further Adverse Water Quality Incident reporting and corrective action procedures are summarized in Adverse Water Quality Incident Reporting (MW-ES-DWS- SOP-012-001). The Drinking-Water System Annual Report summarizes all drinking-water system sampling and testing results, including any adverse results; this report is prepared and made available to the public by February 28th of each calendar year. The Drinking Water System Annual Summary Report is prepared and provided for Council review by March 31st of each calendar year. This document is CONTROLLED unless otherwise noted. Rev 2, Page 25 00 NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan \iagaraj'all.v MW-ES-DWS-OP-001-001 17.0 Measurement and Recording Equipment Calibration and Maintenance A procedure has been developed to describe requirements for the calibration and verification of measurement and recording equipment used by the Operating Authority in the operation of the drinking-water system. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-ES-DWS-PRO-013-001 — see Appendix A) outlines required frequencies of calibration/verification, methods to be employed, and personnel responsible for conducting and/or arranging calibrations and verifications and for ensuring their completion. All measurement, monitoring and recording devices owned by the City of Niagara Falls and used in the Water Distribution Operations are subject to periodic calibration by Operating Authority Staff and to occasional calibration by the manufacturer, where deemed necessary. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-ES- DWS-PRO-013-001) lists the measurement and recording equipment used by the Operating Authority in respect of the drinking-water system and the associated calibration requirements for each piece of equipment. Types of equipment used for DWS sampling, testing and monitoring and included within the scope of this procedure include: • Pocket Chlorine Colorimeters; • pH Meters; • Flow Meters. For each equipment type, DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-ES-DWS-PRO-013-001) provides information including equipment manufacturer & model number, serial/unit number(s), calibration frequency and relevant SOPs. This document is CONTROLLED unless otherwise noted. Rev 2, Page 26 00 NOT PHOTOCOPY Drinking Water Quality Management System:Operational Plan \iagararalls MW-ES-DWS-OP-001-001 18.0 Emergency Management A procedure has been developed to outline the contents and provisions for use of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-ES-DWS-MAN- 014-001). The purpose of Emergency Management (MW-ES-DWS-PRO-014-001 — see Appendix A) is to identify the emergency response SOPs developed in respect of the City's DWS, to specify related training and testing requirements, and to outline emergency communication protocols and emergency contacts. The Niagara Falls Emergency Response Procedures Manual for Drinking Water(MW-ES- DWS-MAN-014-001) includes the documentation listed below. These documents are provided as Appendix D. - Water Quality Complaint Based Sampling (MW-ES-DWS-SOP-011-034) - Boil Water Do Not Use Water Advisory(MW-ES-DWS-SOP-014-001) - Suspected Backflow or Cross Connection (MW-ES-DWS-SOP-014-002) - Source Failure - Widespread Water Loss (MW-ES-DWS-SOP-014-003) - Suspected Tampering of Distribution System (MW-ES-DWS-SOP-014-004) - Adverse Water Quality Incident Reporting (MW-ES-DWS-SOP-012-001) - Water Conservation (MW-ES-DWS-FRM-014-001) - Do Not Use Water Form (MW-ES-DWS-FRM-014-002) - Drinking Water Emergency Contact List(MW-ES-DWS-LM-014-001) - Boil Water Notice and FAQ (MW-ES-DWS-VIS-014-001) Owner and Operating Authority responsibilities and communication requirements for each emergency scenario are embedded in the respective emergency response procedure. A list of emergency contacts is found in Drinking Water Emergency Contact List (MW-ES- DWS-LM-014-001 — see Appendix A). The Contact List includes contact information for both internal and external Water Operations contacts that may be required in an emergency. Emergency training and testing requirements are outlined in Emergency Management (MW- ES-DWS-PRO-014-001). The DWQMS Coordinator is responsible for developing and facilitating emergency response training and/or testing. This may involve presentations, group review of procedures, facilitation of table-top exercises, and/or development of mock drills of emergency scenarios. Training activities may be completed in conjunction with testing activities. Responses to Corporate-level emergencies are documented in the City of Niagara Falls Emergency Plan (Corporate document). Emergencies of a major nature that cannot be sufficiently managed by Departmental staff, or that require significant external resources, are understood to fall within the scope of the City of Niagara Falls Emergency Plan. Similarly, emergencies of a Regional nature are managed according to the Regional Municipality of Niagara Emergency Response Procedures Manual for Water/Wastewater (external document). This document is CONTROLLED unless otherwise noted. Rev 2, Page 27 DO NOT PHOTOCOPY Drinking Water Quality Management System.Operational Plan Niagara/44/1s MW-ES-DW S-OP-001-001 19.0 Internal Audits A procedure has been created to describe the City of Niagara Falls' DWQMS Internal Auditing Program & associated processes. DWQMS Internal Auditing (MW-ES-DWS-PRO-015-001 - see Appendix A) documents required activities & processes relating to the planning, execution and documentation of DWQMS Internal Audits, including recording of non-conformances and reporting of results to Top Management and the Owner. DWQMS Internal Auditors are appointed to the Internal Audit Team by Top Management, and must achieve and maintain defined competency requirements including the following: - Internal Auditors must possess an understanding of both the requirements and the intent of the DWQMS Standard; - Internal Auditors must be competent (i.e., must receive Internal Auditor Training); - Internal Auditors should have a good knowledge of the drinking-water system operation and of drinking water quality requirements; - Internal Auditors must be familiar with the Municipal Works Department's DWQMS auditing procedures and protocols. The City of Niagara Falls' DWQMS must be audited in its entirety once every 12 months. The DWQMS Coordinator is responsible for planning and executing the annual DWQMS Internal Audit with the assistance of the Internal Audit Team. The DWQMS Coordinator appoints, or acts as, Lead Auditor for each audit. Internal Auditors must remain objective and impartial throughout the audit process, and cannot audit their own work or work areas. Audit conclusions may identify actual or potential non-conformances in current operations or processes, indicating the need for corrective action or preventive action, respectively. Auditors may also suggest potential improvement initiatives. Actual and potential non-conformances must be documented and resolved according to the Operating Authority's defined Continual Improvement process (refer to Section 21 of this Operational Plan). Completion and effectiveness of corrective and preventive actions are verified by the Lead Auditor or an Internal Audit Team delegate. Upon completion of scheduled internal audits, the DWQMS Coordinator (or designate) reviews audit findings and compiles the information for presentation to Top Management as part of the annual DWQMS Management Review (refer to Section 20 of this Operational Plan). Audit findings must be considered in future relevant audits. This document is CONTROLLED unless otherwise noted. Rev 2, Page 28 DO NOT PHOTOCOPY .�* Drinking Water Quality Management System:Operational Plan Niagarapills MW-ES-DWS-OP-001-001 20.0 Management Review DWQMS Management Review (MW-ES-DWS-PRO-016-001 — see Appendix A) has been developed to document the process followed by Top Management in planning, executing and documenting DWQMS Management Reviews, including provision of feedback to the Operating Authority and reporting of review results to the Owner. The Management Review process ensures that all levels of the organizational structure are kept informed and aware of the DWQMS and DWS performance. The DWQMS Coordinator has a significant role in the DWQMS Management Review process, compiling all required input data for presentation to Top Management and attending Management Review meetings as a facilitator. (Required inputs to Management Review are listed in DWQMS Management Review (MW-ES-DWS-PRO-016-001). Other City staff may be invited to assist in presenting information to the Management Review Team, or in reviewing the information presented, where they offer additional expertise or insight regarding the subject matter. Top Management is responsible for reviewing the input materials presented and generating outputs as specified in DWQMS Management Review (MW-ES-DWS-PRO-016- 001). Management Review meetings can be conducted as one meeting per year or split into several smaller meetings over the course of the year. Either method is acceptable as long as all required review inputs and agenda items are addressed over the course of the year. DWQMS Management Review outputs must be documented and retained as proof of completion, and results of the Management Review must be communicated to the Owner. This document is CONTROLLED unless otherwise noted. Rev 2, Page 29 DO NOT PHOTOCOPY Drinking Water Quality Management System.Operational Plan i aga ra/adls MW-ES-DWS-OP-001-001 21.0 Continual Improvement A procedure has been developed to document the process followed to ensure effective resolution of DWQMS nonconformances. DWQMS Preventive & Corrective Action (MW- ES-DWS-PRO-017-001 — see Appendix A) is used to address both potential and actual nonconformances and includes root cause analysis, identification and implementation of preventive or corrective actions, and verification of their effectiveness. The handling of Adverse Water Quality Incidents (AWQIs) is not included in the scope of the DWQMS Preventive & Corrective Action procedure (MW-ES-DWS-PRO-017-001). A separate procedure, Adverse Water Quality Incident Reporting (MW-ES-DWS-SOP-012- 001 — see Appendix D) has been developed to document processes for addressing these occurrences. Potential and actual DWQMS nonconformances are identified through several different means, including but not limited to DWQMS audits, internal and external communication, monitoring and measurement of DWQMS performance, employee observations/suggestions, and DWQMS Management Reviews. A DWQMS Preventive Action Request Form (MW-ES- DWS-FRM-017-001) and/ or a DWQMS Corrective Action Request Form (MW-ES-DWS- FRM-017-002) is used to document the non-conformance, the Root Cause Analysis, development & implementation of a Preventive or Corrective Action Plan, and follow-up verification activities. Designated Operating Authority Staff may be delegated to implement preventive or corrective actions. The DWQMS Coordinator (or designate) verifies the effectiveness of the preventive or corrective action. The DWQMS Coordinator is responsible for approving and closing DWQMS Preventive and Corrective Requests, and will only do so once the effectiveness of the implemented solution has been verified. The DWQMS Coordinator retains completed documentation of DWQMS Preventive & Corrective Action Requests and generates an annual summary of the status of nonconformances, preventive actions and corrective actions for presentation as an input to DWQMS Management Reviews. This document is CONTROLLED unless otherwise noted. Rev 2, Page 30 DO NOT PHOTOCOPY MW-2014-06 Niagaraaalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-06 North Street and Forsythe Street/Lewis Avenue Reconstruction Tender Award - Contract#2014-285-12 RECOMMENDATION 1. That the contract be awarded to the lowest bidder Nexterra Substructures Inc. at the tendered price of $1,396,192.40. 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY North Street and Forsythe Street/Lewis Avenue has been identified by Infrastructure staff as needing sewer separation and full reconstruction. The roads and sidewalks are in poor condition and residents experience basement flooding during large storm events. Reconstruction of these streets will help to alleviate these issues. This is the first of two project slated for this area. Once North Street and Forsythe Street are completed the reconstruction of Desson Avenue, Buchanan Avenue and Slater Avenue from Spring Street to Kitchener Street can be completed. This will separate all of the sewers in this area alleviating any basement flooding and reducing the flows to the sewage treatment plant. BACKGROUND The Tender Opening Committee in the presence of the Deputy Clerk, Bill Matson and the Project Manager, Chris Anders, opened tenders on Tuesday, February 4, 2014 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (9) contractors and seven (7) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. February 25, 2014 -2 - MW-2014-06 Contractor City Tender Price Corrected Bid Nexterra Substructures Niagara Falls $1,396,192.40 Demar Construction Niagara Falls $1,396,307.80 $1,396,309.25 V. Gibbons Contracting Stevensville $1,402,541.10 Centennial Infrastructure Niagara-on-the-lake $1,499,999.00 Alfidome Construction Thorold $1,515,169.00 Trenchline & Roads Beamsville $1,543,425.00 Peter's Excavating Stevensville $1,604,139.00 $1,603,739.00 ANALYSIS/RATIONALE The lowest tender was received from Nexterra Substructures in the amount of $1,396,192.40. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $1,700,000.00. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within 110 working days of construction start. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2013 with a budgeted expenditure of $1,726,270.00. An additional $3,600.00 of funding for this project was collected from the Motel 6 at 5700 Stanley Avenue. This money was obtained during the site plan process and was intended to be used to improve the sidewalk on Forsythe Street. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1 . Location Plan � a! 1 Recommended by: ° Geoff Holman, Director of Municipal Works Respectfully submitted: 14A4 Ken Todd, Chief Administrative Officer Geoff Holman r "E a) E ÷-- 4 _c o ca :_ tc, -.. co 9 , , •a- 0 ,,, , o . 0 -.... r 7., ' Tr. , . , , _ ,' 2 g _ _ SLATER AV i i S'^ - - I I - I- 'i NS> ,SLATER Ay 1 CA I • Ili 1.- • j 1 14> ••,-. 4 L 1 1 1 ir_,, ' 4 1.1 r i , 1 O I 1 i 'I 1.- -4----j--—r iii PI I I II_ 1 2 ii __i _i .. i.. i , - - , , . .. :. i - - DESSON AV DESSON .V I T..7• SON AV f 11 —t : I „._ _ LI , ___L____h_L, , 5, ' , , I i ; i I, 1 is 0 , 1 1 i t. ,. i_ I -1 -u- -- 1 - .. - - BUCHAN• AV E- • 1ANAN AV t- Cin tn • BUCHAN' ANIL-AV O ■ R— g: 1 ce 1 :61' 1111 1 4 i ; STANLEY AV STANLEY AV • _ -- - ,- - * 1 - 7 1 6T4 •T ANLEY AV ' ; Wit II ' g ' ■ I _ 1 cl) 1 _________ __ _ _1 1 i __---; __. k __A 4:4 __ ----- .____i O 1 ___---- z 4 v, c'72 7. MW-2014-09 Niagaarraaralls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-09 2014 Asphalt Patching - City Wide Tender Award - Contract #2014-04 RECOMMENDATION 1. That the contract be awarded to the lowest bidder Circle P Paving, at the tendered price of $411,970.00 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is an integral part of the City of Niagara Falls' road maintenance program. The purpose of this program is to provide permanent restoration to sections of roadways that have been disturbed or compromised as a result of emergency infrastructure repairs as well as areas experiencing severe cracking, settling or poor drainage conditions. The proper restoration of these areas provides a better driving surface, extends the service life of the roadway and minimizes the City's exposure to liability due to poor roadway conditions. This type of work requires specialized equipment (milling machines, asphalt pavers) and is therefore not feasible for the City to undertake on its own. This contract is for a one year term which will expire on December 31, 2014 with an option to extend to 2015 and 2016 upon mutual agreement between the City and the Contractor. The recommendation is to award the contract to the lowest bidder: Circle P Paving. BACKGROUND The Tender Opening Committee in the presence of the Deputy Clerk, Bill Matson and the Supervisor of Construction Services, Eric Lallouet, opened tenders on Tuesday, February 18, 2014 at 1:30 p.m. for the above noted contract. Tender documents were picked up by five(5) contractors and three (3) bids were received. Listed on the following page is a summary of the tender prices, excluding HST, received from the Contractors. February 25, 2014 -2 - MW-2014-09 Contractor City Tender Price Corrected Bid Circle P Paving Stevensville $411,970.00 - Brennan Paving Port Colborne $431,016.50 - Norjohn Contracting Niagara Falls $573,698.21 - ANALYSIS/RATIONALE The lowest tender was received from Circle P Paving in the amount of$411,970.00. This contractor has successfuly performed similar type projects for the City in the past, thus, we are of the opinion that this contractor is capable of undertaking the project. The Engineer's estimate for this project was $415,000.00 however the actual amount of asphalt patching work performed will be determined by the approved budget for the work. Municipal Works staff will facilitate asphalt patching work up to the full approved budgeted amount. The contract unit prices for the supply and placement of asphalt material are subject to the asphalt cement adjustment provisions as per the special provisions of contract Item B14 of the Niagara Peninsula Standard Contract Document. As a result, these prices could fluctuate throughout the duration of the contract due to market conditions. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The funding for this project is budgeted in the General Purposes and Municipal Utility budgets. As the budgets are not yet approved, the award of this contract will require Council to pre-approve spending for this project. The requested funding amount from each budget is shown below. 2014 Paved Surface Asphalt Patching $200,000.00 (Account No. 11-3-311000-040000) 2014 System Maintenance Waterworks $60,000.00 (Account No. 15-3-431000-040000) 2014 System Maintenance Sewers $70,000.00 (Account No. 16-3-411000-040000) Total $330,000.00 This project is scheduled to commence as soon as possible, subject to the availability of asphalt (early Spring 2014) and will continue throughout the 2014 construction season. The option to continue the contract into 2015 and 2016 will be discussed between the City and Contractor prior to the expiry of this contract at the end of 2014. Should either party not wish to extend the contract, the contract will expire and a new contract will be created and tendered. February 25, 2014 -3 - MW-2014-09 Patching will be completed up to the full budgeted amount utilizing the unit prices in the contract. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. Recommended by: Geoff Holman,,Director of Municipal Works Respectfully submitted: Ken T d, Chief Administrative Officer Geoff Holman PBD-2014-15 Niagarafalls February 25, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-15 CB&FIG-2014-001 Commercial Building Improvement Grant 4620 Buckley Avenue Applicant: Peter Pateras and Valerie Budzinski RECOMMENDATION That Council approve the Commercial Building Improvement Grant Application for 4620 Buckley Avenue, subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY The application can be supported because: • the proposed commercial building work complies with the City's grant program; • the funding will assist in improving the structural component of a building in the Downtown; and • the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4620 Buckley Avenue. The ground floor of the structure previously contained a commercial laundromat. Upon the exit of the commercial tenant, the laundromat equipment was removed in a way that left plumbing and electrical wiring exposed. The owners chose to remedy this situation immediately for the safety of the residential tenant on the second floor. The works included the replacement of missing plumbing, upgrading of the electrical system and the replacement of the hot water tank and HVAC system. The applicants are aware that grant approval should be given by Council prior to any construction, however they have requested that the immediate need of the works for the sake of their tenant be taken into consideration. The total cost of renovations/replacements related to the plumbing, electrical, water tank, HVAC and windows/doors was $33,476. These items are eligible for funding under the Commercial Building Grant to a total of 50% or$10,000 whichever is lesser. The Region's portion of the grant is $5,000. In addition to the works referred to above, the owners have already invested over$30,000 in the past four years with the replacement of the roof, fencing, paving and retaining wall. Further works are intended to improve the facade of the structure. This investment illustrates a commitment to the improvement of a property within the City's downtown that is the goal of the City's financial incentives programs under the Community Improvement Program. February 25, 2014 -2 - PBD-2014-15 Previous Council approvals for grants have been conditional on the completion of application requirements including permits and an agreement with the City. The owners have submitted the estimates required under the Commercial Grant Program that they obtained prior to completing the works as well as the invoices showing payment in full of the works completed and a complete record of inspections by the City and utilities. Should Council support the grant request for 4620 Buckley Avenue the usual condition for an agreement would not be needed. FINANCIAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. This reserve has been established to provide funding for the City's expenses related to non-interest loans and for qualified grants. There are sufficient funds available for the application being considered this evening. The successful approval of the recommended grants will result in an unencumbered balance of $286,259. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as of December 2013 $296,259 Less: CB&FIG-2014-001 $ 10,000 Balance Remaining $ 286,259 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS Appendix 1 - Location map of the subject property Appendix 2 - Photograph of 4620 Buckley Avenue . Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 6 L1/44411) Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2014\PBD-2014-15,CB&FIG-2014-001, 4620 Buckley Ave.wpd February 25, 2014 - 3 - PBD-2014-15 APPENDIX 1 ; • 1 PAP 4, PARK 5T Wr .4 • z. 4420 4 QUEEN I- 1I nt- a(, .'. .' } : ' tr , 1 February 25, 2014 -4- PBD-2014-15 APPENDIX 2 ;11::I, . Original Facade , Y ui( > IA' ' >, _� . _ n �- l I I :11II)11�� i i�� • - Current Facade P5 r Interior after renovations k? y C) 0 3 3 C z C) D 0 z N November 27, 2013 ? Autism ONTARIO CityNiagara Falls 4310 Queen Street Niagara Falls, Ontario Canada L2E 6X5 To Whom It May Concern: April 2, 2014, marks a historic day in Canada for the autism community. For the second year, Canadians will officially recognize World Autism Awareness Day. As a means of increasing public awareness about Autism Spectrum Disorder (ASD) and the day-to-day issues faced by people with autism and their families, Autism Ontario is inviting municipalities across the province to raise awareness of ASD by participating in our 2014 "Raise the Flag" campaign. By officially proclaiming April 2, 2014 as World Autism Awareness Day and participating in Autism Ontario's "Raise the Flag" campaign, your message to the people and families affected by ASD living in your community and province-wide is loud and clear that their struggles matter to all Ontarians. Autism Ontario is the leading source of information on autism and one of the largest collective voices representing the autism community in Ontario. Today, 1 in 94 children are diagnosed with autism in Canada. Through improved public awareness, Autism Ontario strives to increase opportunities and acceptance for over 100 000 people living with Autism Spectrum Disorder in Ontario, ensuring that each person with ASD is provided the means to achieve quality of life as a respected member of society. If your community is interested in supporting autism awareness by participating in Autism Ontario's "Raise the Flag" campaign on April 2, 2014, please register your municipality at ‘vw v.raisetheflagforautism.com or email us at Natasha@autismontario.com For questions regarding participation, please contact Autism Ontario at 1-800-472-7789 and ask to speak with Natasha Bowes (x233) or Shane Cunningham (x223). Sincerely, Natasha Bowes Fundraising Coordinator FACTS ABOUT THE FRESH AIR FUND THE FRESH AIR FUND, an independent, not-for-profit agency, has provided free summer experiences to more than 1.7 million New York City children from low-income communities since 1877. More than 9,000 New York City children enjoy free Fresh Air Fund programs annually. Each summer,over 4,000 children visit volunteer host families in rural,suburban and small town communities across 13 states from Virginia to Maine and Canada. 3,000 children also attend five Fresh Air camps in the summer on a 2,300-acre site in Fishkill, New York. Close to 2,000 young people participate in year-round educational programs at camp and in New York City. FRESH AIR CHILDREN Children are selected to participate in The Fresh Air Fund's programs based on financial need. Children are from low-income communities. Fresh Air youngsters are registered by more than 90 social service and community organizations in all five boroughs of New York City. FRESH AIR FUND VOLUNTEER HOST FAMILY PROGRAM Fresh Air boys and girls from six to 18 years old visit over 300 rural,suburban and small town communities, called Friendly Towns, during the summer. Fresh Air children on first-time visits to Friendly Town host families are six to 12 years old and stay for one to two weeks. Sixty-five percent of all children are reinvited to stay with the same host families,year after year. Reinvited youngsters may continue with The Fresh Air Fund through age 18, and many spend the entire summer in the country. Fresh Air children and volunteer families often form bonds of friendship that last a lifetime. VOLUNTEER HOST FAMILIES Fresh Air Fund volunteer host families open their homes to inner-city children for one to two weeks or more in the summertime. Each Friendly Town community is supervised by a committee of volunteer leaders. Committee members select host families after reviewing their applications,visiting them in their homes and checking their personal references. There are no financial requirements for hosting a Fresh Air child.The majority of hosts simply want to share their homes with inner-city youngsters. Host families are not paid.The Fresh Air Fund has a program for placing children who have special physical or emotional needs. FRESH AIR FUND CAMPING PROGRAM 3,000 New York City youngsters, ages eight to 15, attend five Fresh Air camps on a 2,300-acre site in Fishkill, New York. Camp Hidden Valley is for boys and girls with and without special needs, eight to 12 years old; Camp Tommy is for 12- to 1S-year-old boys; Camp Hayden-Marks Memorial is for nine- to 12-year-old boys; Camp Mariah is a coed camp for 12-to 14-year-old career campers; and Camp Anita Bliss Coler is for girls, nine to 15 years old. For 13- to 15-year-olds at Camp ABC,The Fresh Air Fund has established the Precious Center for Teen Leadership intended to give young women a safe, nurturing environment to focus on their futures.Additionally, many young people participate in year-round weekend camping experiences. Special features shared by all camps include a planetarium, model farm, wilderness trail and ropes course. Camp Tommy is named in honor of designer Tommy Hilfiger for his dedication and support of Fresh Air children. CAREER AWARENESS PROGRAM The Fresh Air Fund's innovative Career Awareness Program is designed to help New York City youngsters understand the relationship between school and work and how to make choices that will determine their futures. In New York City, 7th- to 9th-graders participate in job shadowings that offer close-up views of business, receive after-school tutoring with volunteer tutors, and attend a career fair. The year-round program includes weekend camping trips and an intensive three-and-a-half week summer session at the Career Awareness Camp - Camp Mariah, named in honor of Board member/singer Mariah Carey for her dedication, support and commitment to Fresh Air youngsters.After 9th grade, participants continue to receive support through College Connections and benefit from the guidance of volunteer mentors. FRESH AIR FUND HISTORY In 1877, the Reverend Willard Parsons, minister of a small rural parish in Sherman, Pennsylvania, asked members of his congregation to provide country vacations as volunteer host families for children from New York City tenements. This was the beginning of The Fresh Air Fund tradition. By 1884, Reverend Parsons was writing about The Fund for New York's Herald Tribune, and the number of children served grew. In 2011, close to 9,000 New York City children experienced the joys of summertime in Friendly Towns and at five Fresh Air Fund camps in upstate New York. FRESH AIR FUND CONTRIBUTIONS The Fresh Air Fund is a not-for-profit agency, depending primarily on support from private contributions. It costs The Fresh Air Fund $917.00 for a visit with a volunteer host family and $1,655.00 to send a child to Fresh Air camp. Over 75% of The Fund's contributions come from individual donors.Tax-deductible contributions may be sent to The Fresh Air Fund, 633 Third Avenue, 14th Floor, New York, NY 10017. Families who wish to be hosts, or parents who would like to sign up their children, may call The Fresh Air Fund at (800) 367-0003 or visit www.freshair.org. NEW YORK CITY VOLUNTEERS The Fresh Air Fund has an active group of New York City volunteers. Metropolitan area volunteers help reach out to New York City parents and children, support Camping, Career Awareness and Volunteer Host Family programs and seek in-kind donations.To volunteer, call (212) 897-8900 or visit www.freshair.org. SPOKESPERSON FOR THE FRESH AIR FUND Jenny Morgenthau, Executive Director (212) 897-8898 PUBLICITY CONTACTS Jake Grinsted, Director of Public Relations (212) 897-8890 Andrea Kotuk,Andrea &Associates (212) 353-9585 The Fresh Air Fund S 633 Third Avenue, 14th Floor, New York, NY 10017 • (800) 367-0003 • www.freshair.org PROCLAMATION WHEREAS The Fresh Air Fund provides free summer experiences in the country to more than 9,000 New York City children each summer, and WHEREAS The Fresh Air Fund allows city children to visit the homes of volunteer host families in 13 states from Virginia to Maine to Canada, and WHEREAS Niagara Falls families have been participating in The Fresh Air Fund's Volunteer Host Family Program for over 130 years, and WHEREAS The Fresh Air Fund allows New York City children to enjoy Niagara Falls backyards, parks, and wide open spaces, and WHEREAS The Fresh Air Fund is celebrating its 138th summer, NOW, THEREFORE BE IT RESOLVED THAT I, Mayor James M. Diodati, and Niagara Falls City Council, do hereby proclaim March 20, 2014 to be: "FRESH AIR FUND DAY" in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. Frank B. Leslie February 5, 2014 Mayor Diodati & Members of Council City of Niagara Falls, Ontario Dear Mayor Diodati & Members of Council, Just days ago we lost a one-of-a-kind, beloved member of our Community. The accolades by many as well as the many stories in local and distant media have praised Pat Simon. I have been encouraged by Mayor Diodati to submit the following suggestion: As Pat spent almost his whole life living on that little street (Cataract Avenue) at the corner of Bridge Street, I suggest that it be renamed "Pat Simon Way". I hope this suggestion meets with your approval. Sincerely, `r ?! Fr rtcuvE U -3/ ` W Frank B. Leslie FEB 0 6 2014 R_ ''\ MAYOR'S OFFICE `I7\l C, i19' _ Dean Iorfida From: Carey Campbell Sent: Friday, February 07, 2014 7:20 PM To: 'Sheri Kuchar' Cc: Dean Iorfida Subject: RE: By-Laws Dear Ms. Kuchar: Thank you for your email to Mayor Diodati. As you addressed your email to all Council Members, the mayor asked me to forward to our City Clerk, Dean lorfida, who is copied here, so your request is included on an upcoming City Council agenda. Many thanks for writing. I trust that Council will give your request every consideration. Carey Campbell CIA_c c LAM'2E11 wean[ .e Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafalls.ca See more of Mayor Jim at ( You From: Sheri Kuchar [mailto:sherikuchr©gmail.com] Sent: Tuesday, February 04, 2014 4:33 PM To: CouncilMembers Subject: By-Laws To whom it may concern: I am wondering why there is no by-law for residents of Niagara Falls to sholve their property in winter? I had to walk on the streets with cars passing by me, because no resident of Niagara Falls seem to care if their sidewalks are sholved or not. It is hard to walk on the snow (ice) covered sidewalks. They do not plow, sholved or anything. So till there is a by law forcing the residents of Niagara Falls to actually do something. I am forced to walk on the streets (least they get plowed and sanded) somewhat. Am I going to have to hurt myselfjust to have myself heard? 1 Dean Iorfida To: Selene Tudini; 'sherikuchr @gmail.com' Cc: Geoff Holman; Carey Campbell Subject: RE: Sidewalk Snow Clearing By-law I'd like to echo Selene's comments: I have been at the city for close to 20 years and every few years there is a request for staff to report back on Sidewalk Snow Ploughing By-law. The various Councils of the day have chosen not to enact such a by-law because of our older demographic and others who are simply unable to do their sidewalk shoveling due to disabilities. Also, it is very difficult to require compliance when a good portion of the City is on a sidewalk snow plough route. I do think most people do shovel their sidewalks either as good neighbours, for safety reasons or because they actually think such a by-law exists! This winter has seen more snow than in recent years, so, I believe, the issue of sidewalk shoveling has become exacerbated by the volumes of snow this season. Ms. Kuchr, your correspondence will be under Communications on our next agenda for Council's direction. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905-356-7521, ext. 4271 905-356-9083 (Fax) From: Selene Tudini Sent: Wednesday, February 12, 2014 3:31 PM To: 'sherikuchr @gmail.com' Cc: Geoff Holman; Dean Iorfida; Carey Campbell; Janice Wing; Janice Wing Cogeco Account; Selene Tudini Subject: Sidewalk Snow Clearing By-law Dear Sheri, Thank you for your providing your comments in support of a City sidewalk clearing by-law. You are correct that the City of Niagara Falls does not have a snow clearing by-law. There are many people that want this by-law and there are many people who are opposed. That is why it is appreciated that you have taken the time to send in your position on this issue. I can't speak to the context of the comments you mentioned from Councillor Janice Wing but I think what she may have been referring to the road plow and the sidewalk plow. There are the times when the road plow pushes some of the snow from the road onto the sidewalk. There are areas where we also plow the sidewalk(we use a different smaller plow on sidewalks,just fits one operator inside) and some sidewalks are right up against the road. This looks to be the case in pictures you attached for Drummond Road. Drummond Road, near the Delta bingo hall, is on one of the City's sidewalk snow plow routes(Beat#3, attached). This area also has sidewalks that are right against the road, compared to other sidewalks that may have a curb and a grassy boulevard between the sidewalk and the road. Operations plan so that they plow the sidewalks after the road plow has done a pass on the road, this is so our sidewalk plow doesn't have to go out twice. This doesn't always work out perfectly if there are delays (for example, equipment break down). Also some roads in the City of Niagara Falls are maintained by the Region and some by the City and staff do their best to coordinate the timing so that we plow our sidewalks after the Regional road plow go by. The City has 7 sidewalk plow routes in total. We don't plow every sidewalk because there is not enough budget resources to do so. The areas that are plowed by the city are areas that include,for example; schools, churches, hospital, medical centres, businesses and recreational centres. The City gets many request to add onto these plow routes which can be challenging to accommodate. Sometimes people feel that just a small section won't matter in the big picture, but it does have an impact. The City is bound by the Province to meet maintenance standards. The specific type of accumulation and weather determines the specific type of maintenance we provide (snow, wind-blown drifts, slush, ice). Each route has to be done to a specific standard in a specific amount of time. The type of road also determines the level of service. We have only 1 sidewalk plow for each sidewalk route and some of the equipment is old and starts to break down more frequently. So adding metres here and there truly do add up and can impact our ability to meet the standards set by the Province. If you want to read more about Provincial Minimum Maintenance Standards please click this link: http://www.e- laws.g_ov,on.ca/html/reg5/english/elaws reg_s 020239 e.htm In residential neigbourhoods it is hoped that everyone will do their part by clearing the snow from the sidewalks. There are some residents that are able but choose not to clear the snow and I understand how this can be a reason for frustration for others, especially people like yourself who is mindful of the safety impacts. There are some seniors or people with disabilities who find it difficult to clear the snow and who may not have neighbours or family that can help them. This is one of the reasons why the City has received opposition to the idea of a sidewalk snow clearing bylaw. Community Support Services of Niagara is a not for profit agency which help those in need. They are the agency that provides the more familiar "Meals on Wheels" but they also have a "Snow Buddies" program. Snow Buddies volunteers help clear the snow for those in need. It is a very good program that is in need of more volunteers. Right now there are not enough volunteers to help all the people who have reached out to the Snow Buddies program. I hope this gives you a little more information, if you need further information or clarification please contact me and I will do my best to get an answer for you. If you ever have a concern about a plowing operation you can call the Municipal Service Centre at 905-356-1355 or email mwrequests@niagarafalis.ca . You can also contact me and I will be happy to help. I will make sure Operations checks out that area of sidewalk on Drummond Road near the Bingo Hall. Thank you again for your email and as Carey mentioned it will be sent to Councillors for their information. Thank you, Selene Tudini Executive Coordinator Municipal Works City of Niagara Falls 43'C :teen 3tree(. _ C 3cx ' ,_. Niagara cads [9(C5 356-5L 3N.. a2'; studini @niagarafalls.ca From: Carey Campbell Sent: Tuesday, February 11, 2014 2:25 PM 2 To: 'Sheri Kuchar' Cc: Selene Tudini; Geoff Holman; Dean Iorfida Subject: RE: By-Laws Hi Sheri: Thanks for sending this on. I appreciate where you're coming from. I've keyed in Geoff and Selene in our Municipal Works Department so they have your photos and your subsequent comments. I have also included the City Clerk, as our office sent your first request, addressed to Mayor and Council, to him,to include on an upcoming City Council agenda. Thank you again for taking the time to send this information. carey From: Sheri Kuchar [mailto:sherikuchr @gmail.com] Sent: Tuesday, February 11, 2014 7:08 AM To: Carey Campbell Subject: Re: By-Laws Carey. First of all thank you for getting back to me regarding this. Second of all, let me tell you on how disappointed I am in this city. It is actually getting to reconsider on moving. I got told my a member of the MP office here that they are only 2 levels of government in Canada. I don't know where she was on that day in school where they teach you the levels of government, and here i thought there was more. Another thing. is that Janice Wing, pretty much is blaming the sidewalks not being cleared on the snow ploughs (Her words: the big ploughs) I have attached a couple of pictures for you to look at. I just would like to know how the "big ploughs" are covering the sidewalks? These pictures are on drummond rd. right by the bingo hall... Janice Wing is telling me that the big ploughs did this and that is why the sidewalks are not cleared. I think it maybe for the mayor to hire some new people. On Fri. Feb 7. 2014 at 7:20 PM, Carey Campbell <ccampbell iii,niagarafails.ca> wrote: Dear Ms. Kuchar: Thank you for your email to Mayor Diodati. As you addressed your email to all Council Members, the mayor asked me to forward to our City Clerk, Dean lorfida, who is copied here, so your request is included on an upcoming City Council agenda. Many thanks for writing. I trust that Council will give your request every consideration. Carey Campbell 3 CHAR 3. CAM?3 E=l Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 cca m p be l l@ n iaga rafa l l s.ca See more of Mayor Jim at You La ti From: Sheri Kuchar [mailto:sherikuchr @gmal.com] Sent: Tuesday, February 04, 2014 4:33 PM To: CouncilMembers Subject: By-Laws To whom it may concern: I am wondering why there is no by-law for residents of Niagara Falls to sholve their property in winter? I had to walk on the streets with cars passing by me, because no resident of Niagara Falls seem to care if their sidewalks are sholved or not. It is hard to walk on the snow (ice) covered sidewalks. They do not plow, sholved or anything. So till there is a by law forcing the residents of Niagara Falls to actually do something. I am forced to walk on the streets (least they get plowed and sanded) somewhat. Am I going to have to hurt myself just to have myself heard? 4 Dean Iorfida From: Deborah Corbett <dcorbett @niagaraworkforceboard.ca> Sent: Thursday, January 30, 2014 11:00 AM To: Dean Iorfida Cc: Adam Durrant Subject: RE: Presentation to Niagara Falls City Council Hi Dean, I wanted to confirm that Adam Durrant, Research Associate from Niagara Workforce Planning Board will be presenting to Council on February 25. Thank you. Deborah Corbett Project_Assistant Niagara Workforce Planning Board 905-641-0801 cst21 "Our Vision is Working" Note: Unless this is a general"communication", such as a newsletter or similar document,this message is intended only for the use of the individual or entity to whom or which it has been addressed. This message may contain information which is privileged, confidential and exempt from disclosure under applicable law. If the reader is not the intended recipient. or the agent responsible for the delivering of the message to the intended recipient. you are notified that any unauthorized dissemination, distribution or copying of this message is strictly prohibited. If you are concerned that you may have received this communication in error, please notify the sender, as above, immediately. Thank you. From: Dean Iorfida [mailto:diorfida @niagarafalls.ca] Sent: Thursday, January 23, 2014 11:16 AM To: Deborah Corbett Subject: RE: Presentation to Niagara Falls City Council Deborah: Thank you for your flexibility. Consider February 25th locked in. I will confirm time closer to the date and if you can let me know who will be attending on behalf of NWPB closer to the date, that would be great. Question: will there be a powerpoint associated with the presentation? Thanks again. Dean From: Deborah Corbett [mailto:dcorbett@niagaraworkforceboard.ca] Sent: Thursday, January 23, 2014 10:42 AM To: Dean Iorfida Subject: RE: Presentation to Niagara Falls City Council Hi Dean, 1 i lyrNiagara Workforce Planning Board Our Vision is Working December 19, 2013 Dear Mayor Diodati: The Niagara Workforce Planning Board released its latest labour market update last month. This document provides information on the Niagara workforce that is both objective and evidence-based. In order to initiate long-term collaborative projects, we are interested in meeting with you and hearing about your community regarding activities and actions upon which we can partner and/or support. We are also most interested in developing relationships with local leaders and innovators. Some examples would include sector-specific initiatives, workforce-related community priorities, evaluating the impact of programs and projects, and/or integration of our communications such as events, activities and initiatives. We are seeking opportunities to do a presentation before Council where we will provide an overview of current workforce issues, trends, concerns, and opportunities specific to your municipality. We would cover information related to population, employment, training and innovation. In preparation for this presentation, you are welcome to provide us questions in advance, as well as links to key documents and community reports. We can assist with updating relevant data and sources, for instance. Presentations and discussions can be enhanced if leaders in your community are also invited. Please feel free to circulate invitations via social media, email, etc. This includes engaging your local business groups, employers, entrepreneurs and economic stakeholders. As the labour market also depends on education and training, principals, teachers, employers and entrepreneurs should feel free to attend. We would also be interested in discussing issues prior to appearing before Council, so that we are prepared and informed about your key issues and initiatives. Our work is funded by the Ministry of Training, Colleges and Universities and we have partnerships with local Employment Service providers. These key stakeholders are valuable assets and we will be providing information that supports their efforts. We trust that you have previously found value in our analysis and initiatives, and that we can determine some key steps after we make the presentation. You are welcome to subscribe to our Labour Market Observer, published monthly, and follow our blog at niagaraworkforce.ca. Sincerely, David Alexander, Executive Director dalexanderii n iagaraworklorceboard.ca 1 St. Paul Street, Suite 605, St. Catharines, ON L2R 7L2 Tel: 901641.0801 Fax: 905.641.0308 www.niagaraworkforceboard.ca W F D N CITY OF NIAGARA FALLS By-law No. 2014 - 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"D4"and that Schedule"D4" attached hereto shall be inserted in lieu thereof. 2. By-law 2014-006 is hereby repealed. Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014. Second Reading: February 25, 2014. Third Reading: February 25, 2014. SCHEDULE "D4" HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Keith Bennett Stephanie Lampman Blair Cottage Mike Morrone Dylan Dance Dean Murray Justin Facci Carlos Peralta Abby Kapur CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend By-law No. 79-200, to regulate the development of the German Village Estates plan of subdivision on the Lands (AM-2013-017). 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 Lands shall be identified as two parcels, known as Parcels R1 E-996 and EPA- 997. 3. 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. 4. 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. 5. The permitted uses shall be: (a) For Parcel R1 E-996, the uses permitted in a R1E zone (b) For Parcel EPA-997, no person shall permit any building or structure to be erected, save and except for a chain link fence, or permit the placement of any soil, sand, gravel, rubbish or other similar material or remove any soil or trees or regrade any part, unless written approval is obtained from the Niagara Peninsula Conservation Authority or designate. 6. The regulations governing the permitted uses on Parcel R1 E-996 shall be: (a) Minimum floor area for each one family detached dwelling (i) for a 1 or 1 1/2 storey 139 square metres dwelling (h) for a 2 storey dwelling 186 square metres (b) Private garage each one family detached dwelling shall include a private garage -2- (c) Minimum number of parking 2 spaces in a private garage (d) The balance of regulations specified for an R1E use 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this By-law shall be shown on Sheet B5 of Schedule "A"of By-law No. 79-200 by redesignating the Lands from I, in part, and DI-!, in part, to R1E and numbered 996, in part, and EPA and numbered 997, in part. 11 . Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.996 Refer to By-law No. 2014- 20.1.997 Refer to By-law No. 2014- Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014 S:\ZO N I N G W MS\2013\By-laws\Bya m 017.wpd SCHEDULE 1 TO BY-LAW No. 2014- Subject Land a a• —N 1 UP, ccCam- 1 i P NOM cc I I D — q II" DR 5 i i MS k . ilk \ wall i , I 0 , , 1 1 111111 p EPA 997 Fn 88.9. WESTPORT DR 7472. I IF 3/ / / / „/ .// , / 7A, ai r si RIE 996/ i 1 2 1 Miall ril 43.8. i 1I plow 1.0 ai . sl .1. � ift MIIIIIIII II spi. CT O _=,e, D ill MA NMI a se Z , \ 1.111HH 1 \i , J imps ran ,, J, MCGARRY DR Iim II I I Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 164 Stamford As In R076128; Niagara Falls Applicant: 800460 Ontario Limited Assessment #: 272510000607000 AM-2013-017 K:\GIS_Requests\2013\Schedule VoningAM\AM_17Voning.map January 2014 CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 79-200, to permit a five unit on street townhouse dwelling on the Lands (AM-2013-020). 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 the uses permitted in a R3 zone 5. The regulations governing the permitted uses shall be: (a) Front lot line Freeman Street (b) Minimum front yard depth 7.5 metres (c) Minimum interior side yard width 1.2 metres (d) Maximum lot coverage 45% (e) Tandem parking spaces allowed (f) Fencing requirements a 1 .8 metre wood privacy fence shall be erected along the north and east lot lines, save and except where the lot line abuts the front yard of a residentially zoned lot (g) The balance of regulations specified for an R3 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. -2- 9. The provisions of this by-law shall be shown on Sheet C3 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R1C to R3 and numbered 995. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.995 Refer to By-law No. 2014- . Passed this twenty-fifth day of February, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014 S:\ZON ING W MS\2013\By-laws\Byam020.wpd N SCHEDULE 1 TO BY-LAW No. 2014- s Subject Land 1:NTS 0 0 = 45.79m p O m � 45.72m FREEMAN ST Amending Zoning By-law No. 79-200 Description: Pt Lt 3 PI 113 Stamford As In R0607392; Niagara Falls Applicant: Pinewood Homes (Niagara) Ltd. Assessment #: 272505000305900 AM-2013-020 K-\CIS Renuests\2013\Schedule\ZoninQAM\AM 20\Zoning.map January 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25`h day of February, 2014. 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 the 25' day of February, 2014 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 twenty-fifth day of February 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 25, 2014 Second Reading: February 25, 2014 Third Reading: February 25, 2014