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2016/02/09 FEBRUARY 9, 2016 5:00 Council Meeting Council Chambers , . , ;F`� ms. '' 7,. _ (irr(1 ..':,,,,.''..',' ,,, i , .s 1111011.916111110 ' ., ,, , ,.,„:„.„, „ ----,„A ...apribc. .,,. .„, , . . . . . .„, , ,_ _ _. , . . , ,._ 't.,„ ,,,,,,„, :. . , . ., , , . „„ , . ,„. • , „.,, ,, , „ „ , , , _ .. ., cithAp.,tiT Y OF ,' '' --- ,3 Y COUNCIL MEETING Tuesday, February 9, 2016 Order of Business and Agenda Package Niagaraa1ls a/ ( ' \ I) :1 COUNCIL MEETING February 9, 2016 0 Canada to be sung by Ethan Richard Boc ADOPTION OF MINUTES: Council Minutes of January 26, 2016 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * BUDGET MATTERS 5:00 — 7:00 P.M. 1. TS-2016-09 — Proposed Phase Two (2) Transit Service Enhancements -AND- Related Powerpoint Presentation -AND- Request to Speak: Margaret Gilbert, President Bus. Agent, ATU Local 1582 2. F-2016-06- OLG Reserve Fund Update 3. MW-2016-07 — Parks and Playground Condition Assessment and Amenity Selection Process -AND- Memo re: Fernwood Park and Trail 4. F-2016-07 — Niagara Falls Tourism Request 5. Capital Budget presentation 1 REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS 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. PBD-2016-05, 26CD-11-2015-003, Proposed Plan of Condominium (Standard) 3710 Main Street (Chippawa), Applicant: 1515435 Ontario Ltd. (Mike Petrus) Lawyer: Brandon Boone TS-2016-07 — Ontario Electric Vehicle Charger Program (EVCO) TS-2016-08 —WEGO Advertising Contract Extension * * * * * DEPUTATIONS/ PRESENTATIONS 7:00 P.M. Women's Place of South Niagara Amanda Braet, Development Director, Women's Place of South Niagara will inform Council of their upcoming Strike Out Violence Bowling Tournament. MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Fresh Air Fund — requesting that March 20, 2016 be proclaimed as "Fresh Air Fund Day". RECOMMENDATION: For the Approval of Council. 2. Municipal Heritage Committee — requesting that February 15-21, 2016 be declared as "Heritage Week 2016", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 2 3. Heartland Forest— requesting permission to exhibit an Asian Water Monitor. RECOMMENDATION: For the Approval of Council. 4. One Foundation — requesting that Council purchase a table for the NHS Foundation fundraiser. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Golf Show at the Niagara Sportsplex as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2016-12 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways (Part 2-60 km/h)). 2016-13 A by-law to authorize the execution of an Extension Agreement with Elizabeth Fraser Beam and John William Beam respecting a tax obligation. 2016-14 A by-law to authorize the execution of a Multi-Year Governance Agreement for Joint Procurements Facilitated by Metrolinx. 2016-15 A by-law to amend By-law 2002-129, the Animal Control By-law. 2016-16 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of February, 2016. NEW BUSINESS 3 *February 9, 2016 - Ethan Richard Boc (pronounced Bock - like the composer Bach) Ethan is a grade 10 at Notre Dame College School in Welland. He enjoys swimming, playing tennis, biking, playing board games and card games, hanging out with friends and going on vacations with family and friends. He participated in Glee club in elementary school and has taken part in elementary and high school drama productions. He also has been in five musicals with "Linus Hand Productions" which included "Peter Pan", "Oliver", "Into the Woods", "Wizard of Oz", and most recently, he portrayed the role of Link in "Hairspray". TS-2016-09 February 9, 2016 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2016-09 Proposed Phase Two (2) Transit Service Improvements RECOMMENDATION That the Proposed Phase Two (2) Transit Service Improvement plan be approved and forwarded to 2016 Operating Budget deliberations. EXECUTIVE SUMMARY On October 8, 2013, Council approved Report TS-2013-40 (attached), which supported the recommendation to commence the process for the implementation of a revised Conventional Transit Routing and Scheduling Action Plan, which was implemented in January, 2014. This initial phase of service revitalization established the framework to move toward thirty minute service levels throughout the system. The move toward half hour service levels and route alignments support the Guiding Principles of GO Train connectivity/integration, Intermunicipal transit connectivity, and seamless integration of the WEGO Visitor Transportation system. On April 8, 2014 the Transit Service Update Report, TS-2014-14 (attached) highlighted further revisions to the system that were implemented in May 2014, which included integration with the WEGO Red Line. These revisions were well received and the city service operating today has remained unchanged since May 2014. Currently, twenty- seven percent (27%) of the daytime routes and thirty-three percent (33%) of the evening routes offer half hour headways. During the day, four of the fifteen routes operate every thirty minutes and are the connector routes travelling between the main Transit Hubs located at; Main St., Niagara Square, Morrison/Dorchester, and the inter-city Bus Terminal/Train Station. In 2015, a twelve point six percent (12.6%) increase in ridership over 2013 (the old route structure) was realized, which means that Council's initial investment in phase one, the introduction of the new routing structure, has been successful. To further improve the 2 TS-2016-09 February 9, 2016 service and grow ridership, approvals for the continued introduction of thirty minute headways will be required throughout the service in a phased-in approach. Therefore, it is recommended the move toward system wide thirty minute headways on routes continue in 2016, with the introduction of Phase 2 of the Phase-In Plan. This will involve further improvements to the WEGO Red Line, re-alignment and integration of the WEGO Purple Line with Route 104, and thirty minute headways implementation on Routes 203/206. Additional buses will not be required to implement the proposed changes in 2016. Every opportunity is being reviewed to lessen the requirements to purchase additional rolling stock through continued integration of services with the WEGO and Inter Municipal Transit systems. BACKGROUND In January 2014, Transit staff introduced an entirely restructured route and schedule system as outlined in Report # TS-2016-40. As anticipated, after the new system was introduced, there was a decrease in ridership during the first quarter. During this challenging time, Transit staff worked with customers to identify opportunities to refine the routes and associated schedules to strengthen the entire network for the benefit of all transit users. A review of transit ridership data indicated our residents were quick to learn the new system and by May of 2014, ridership had surpassed the levels of the corresponding months of 2013. By the end of the year, the total ridership in 2014 exceeded 2013 by over 1.3%. By the end of 2015, the overall ridership had surpassed 2014 by over 11% and collectively, ridership has increased 12.6% when compared to the old routing structure, which indicates residents are not only migrating back to Niagara Falls Transit, but we are attracting new customers as well. With a solid new service foundation in place, a proposed Phase-In Plan to further enhance the overall public transportation experience has been developed. The improvements designed to enhance the municipal transportation service will also create more seamless and attractive options for individuals to travel between municipalities for educational, health, and employment opportunities. Further, increased investment in transit service is a primary objective of the provincial Metrolinx initiative, which supports increased GO Train and GO Bus service into municipalities that make investments in their City system to better service these GO Transit hubs. All aspects of the phased-in enhancements improve service and convenience to these hubs and thus, will indicate the City is committed to public transportation and are implementing improvements to better facilitate connectivity with the Metrolinx service initiatives. 3 TS-2016-09 February 9, 2016 Continued integration with our WEGO visitor transportation system has also created efficiencies to further streamline the transportation experience for visitors and residents. In January, 2014, the Red Line, which travels the length of Lundy's Lane and servicing the hospitality sector was incorporated into our city service, which reduced the redundancy of service provided along this corridor while providing access and improved service hours to areas our municipal service had not served prior to this integration. WEGO Purple Line/Green Line Pilot Project In 2016, further efficiencies will be achieved through the integration of the WEGO Purple Line and Route 104. The Purple Line provided closed door service from the Queen St. / Bus Terminal and Train Station to the Tablerock complex via travel along River Rd. It was predominantly a seasonal service and the routing mirrored the Niagara Parks Commission's Green Line that also travelled along River Rd., past the Downtown core en route to the Tablerock complex. Effective May 2016, it is proposed, through a one year pilot initiative, that the Green Line will travel into the Train/Bus Terminal area and transport these customers directly into Queen Victoria Park when travelling southbound or all the way to Niagara-on-the-Lake when travelling northbound. The buses previously employed on the Purple Line will be redeployed onto the City's Route 104, which will provide service along Queen St. before travelling to the Main & Ferry Transit Hub along Victoria Ave./Ferry St. Thus, travellers who wish to travel directly to the Victoria/Clifton Hill/Centre St. areas can board the Route 104 and travel directly to their destination, while those wishing to travel directly to the Queen Victoria Park area can access the Green Line. This integration of services allows the City to realize a cost avoidance of $220,000 from the WEGO reserve fund, as well as benefit from the increased capacity provided by utilizing sixty foot articulated buses along busy Route 104. This revision in services between the City and Niagara Parks Commission further provides a greater level of customer service to residents and visitors while finding fiscally responsible efficiencies through increased integration of services. Both the Downtown Board Executive and the Amalgamated Transit Union President have been consulted. The Downtown Board Executive are receptive to the change as it will offer more options to visitors arriving at the Downtown Transportation hub, as well as providing greater exposure to the Downtown by routing the heavy traffic Green Line buses through this Transportation Hub. The primary objective of the Phase-In Plan is to introduce thirty minute headways throughout the daytime service. Knowing this requires a commitment of operational and capital resources, the plan has been staged over a seven year/phased-in period. The annual service enhancements and corresponding capital are outlined as follows; 4 TS-2016-09 February 9, 2016 Background Update: Phase 1 — 2014/2015 • Council supports an investment in a revitalized route and schedule structure, which is introduced in January 2014. • Based on community engagement, additional refinements are implemented in May 2014. • No capital purchases (buses) required. 2015 • There were no adjustments to the system in 2015 as staff reviewed ridership data to determine where further resources were warranted to ensure customers received an integrated and convenient service. • No capital purchases (buses) required. Proposed 2016 Improvements Phase 2 - 2016 WEGO Red Line — The Red Line is the only route which services Lundy's Lane/Ferry St. Nictoria Ave. from the Clifton Hill area through to the Garner Road turn around. This single route replaced five routes, which historically served portions of this corridor and thus, ridership is very high on the Red Line. Further, the Red Line services both the WEGO Visitor Transportation System, carrying visitors to/from the major hospitality sectors, as well as residents who utilize this route for employment commitments. This route is the major east/west spine in the system and transports approximately 25% of the overall system ridership and allows customers to make north/south connections to several Niagara Falls Transit routes at the major intersections along this route. The proposed improvements to the Red Line are; • 30 minute Monday through Saturday evening headways to 11 p.m during the Fall/Winter/Spring periods. Currently have 30 minute headways from 6 a.m. until 8 p.m. and 60 minute headways until end of service during this period. • 30 minute headways Sundays & Holidays. Currently provide hourly headways during Fall/Winter/Spring schedules on Sundays and Holidays. • 15 minute headways during the a.m. peak of 9 a.m. through noon and an additional 3 hours during the p.m. peak of 4 p.m. to 7p.m. during the July/August Summer schedule, which is required to manage passenger loads, as well as assist with schedule adherence. • No capital purchases required. • Two WEGO buses will be utilized along the Purple Line/Route 104. 5 TS-2016-09 February 9, 2016 WEGO Purple Line/104 — The WEGO Purple Line/104 serves the Bus / Train Stations and will cover the Queen Street to Victoria Ave to Ferry St. to Main St. from there it will change to Route 110 and travel to the Morrison/Dorchester Hub. The integration of the WEGO Purple Line with Niagara Falls Transit Route 104 will enable this route to utilize the much needed sixty foot articulated buses, which will assist with the large passenger loads it will experience. Routes 203/206 Interline — Routes 203/206 interline throughout the evening, and Sundays/Holidays and form the busiest spine servicing the Walmart Plaza, Niagara Square, Convention Centre, Niagara College Dunn St. Campus, the MacBain Centre while also servicing the busy Chippawa area. Collectively, these high traffic generators warrant additional buses to manage the loads while remaining on schedule. The proposed improvements to Routes 203/206 are; • This additional bus will provide 30 minute headways on the Routes 203/206 from 7 p.m. to 11 p.m. during the evening and from 7 a.m. through 7 p.m. on Sundays/Holidays to assist with the schedule adherence and passenger loads. • No additional capital required. Future Improvements Based on the future years Phase-In Plan, a total of six phases will be required in subsequent years, to move to system wide thirty minute daytime service. Morning and afternoon peak times on all daytime routes will be achieved by Phase five on all daytime routes, while he remaining three Phases will extend daytime peak hours by 'in-filling' the hourly headway gaps with thirty minute service levels. Phase 3 - 2017 Additional Thirty Minute Headways — Currently 27% of the fifteen Monday through Saturday routes feature thirty minute headways. In 2017, Transit staff propose an additional four routes operate at the increased level of headways during the morning and afternoon peak times. This would create thirty minute headways from start of service day to approximately 9 a.m. and from 3 p.m. to 6 p.m. This process will require three years to complete the eleven routes, which currently operate every hour. In addition, as per the attached Transit Fare Increase Memo of May 26, 2015, the cash fare will be increased to $3.00 (from $2.75) on July 1, 2017, which will generate additional revenue. 6 TS-2016-09 February 9, 2016 The proposed improvements features four routes operating on 30 minute headways; • Routes 101, 103, 106, and 107 will receive additional service hours. • Capital investment is required to procure one additional bus. Phase 4 - 2018 Additional Thirty Minute Headways — In 2018, Transit staff propose an additional four routes operate at the increased level of headways. The proposed improvement features the next four highest ridership routes operating on 30 minute headways; • Routes 102, 105, 108, and 112 will receive additional service hours. • Capital investment is required to procure two additional buses. Phase 5 - 2019 Additional Thirty Minute Headways — In 2019, Transit staff propose an additional three routes operate at the increased level of headways. The proposed enhancement features the last three routes operating on 30 minute headways; • Routes 109, 113, and 114 will receive additional service hours. • Capital investment is required to procure two replacement buses. Phase 6 - 2020 Extend Morning and Afternoon Peak Time Service — The previous three years ensured every daytime route realized thirty minute headways at the peak times, which added 3 hours of service at the morning and afternoon peak times. For 2020 through 2022 these peak times will extend an additional hour in the morning and an additional hour in the afternoon, thus ensuring there are thirty minute headways for eight hours of the twelve hour daytime service. The proposed enhancement in 30 minute headways includes; • The eleven routes receiving morning and afternoon thirty minute headways will receive an additional hour added to the morning and afternoon peak periods. 7 TS-2016-09 February 9, 2016 Phase 7 - 2021 Extend Morning and Afternoon Peak Time Service — For 2021 the peak times will extend an additional hour in the morning and an additional hour in the afternoon, thus ensuring there are thirty minute headways for ten hours of the twelve hour daytime service. The proposed enhancement in 30 minute headways includes; • The eleven routes receiving morning and afternoon thirty minute headways will receive an additional hour added to both periods of the day. Phase 8 - 2022 Extend Morning and Afternoon Peak Time Service — For 2022 the peak times will extend an additional hour in the morning and an additional hour in the afternoon, thus ensuring there are thirty minute headways throughout the entire daytime service. The proposed improvement in 30 minute headways includes; • The eleven routes receiving morning and afternoon thirty minute headways will receive an additional hour added to both periods of the day. ANALYSIS/RATIONALE A Routing and Scheduling Revitalization Action Plan has been supported by Council, which would provide a framework to proceed toward thirty minute headways across all daytime routes Monday through Saturday. Further to the financial and ridership metrics, in determining a future strategy for public transit in Niagara Falls, it is helpful to review the benefits of public transit to a community. Public transit provides a wide range of benefits to individuals, businesses, and the region as a whole. These benefits support the City's Strategic Priorities and include; • Support GO Train Service including seamless integration with local service. • Support Intermunicipal Service interconnectivity. • Support Seamless intergration of the WEGO Visitor Transportation System. • Business growth will be essential to the City's future economic viability and vitality. Enhanced transit service can help attract and retain these businesses by improving accessibility and reducing costs for companies. For example, construction and maintenance costs can be significantly reduced for a business along a transit line if there was no need to construct a parking lot. 8 TS-2016-09 February 9, 2016 • An efficient transit system enhances the image of a city to potential new residents, by providing options and choices in how to get around a city. The added option of transit can help families reduce costs and young workers to avoid the burden of car ownership. • Providing quality transit into newly developed areas sooner, rather than later, has proven to increase transit usage in residential and commercial areas. In addition, transit lines will influence how a community develops by encouraging transit-oriented development. • Supporting local business and the tourism industry by providing access for residents in the region to work opportunities, particularly for lower wage earners that work in the service industry who may not have access to a private vehicle. • Support the tourism industry by providing transit access to key attractions and trip generators. This would make the city more attractive to tourists who do not have access to a car or for those unfamiliar with the city. • Mobility options for the aging population whose demands for a high quality of life will require a level of mobility equal to what they experience today. • Reduction in the cost of living by reducing reliance on the automobile. • Reduction in pollution (GHG's) and resulting in improved air quality. FINANCIAL IMPLICATIONS The operational cost of Phase 2 is $498,000 and there are no capital purchases required. This cost has been included in the 2016 Operating Budget provided to Council on January 26, 2016. CITY'S STRATEGIC COMMITMENT Council is committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. Objective: Make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally, and provincially. Objective: Ensure barrier free accessibility. 9 TS-2016-09 February 9, 2016 ATTACHMENTS Ridership Chart 2013 - 2015 Transit Fare Increase Memo — May 26, 2015 Council Report TS-2013-40 Council Report TS-2014-14 Recommended by: ' J'� ? I`r Karl Dren, Director of Transportation Services I Respectfully submitted: Ken Todd, Chief Administrative Officer DS NFT Annual Ridership, 2013- 2015 2013 - 1,136,711 2014 - 1,151,800 2015 - 1,279,832 12.6 % Increase from 2013 to 2015 120,000 115,000 110,000 1 • 105,000 1 ` / •♦ / •• ` 100,000 / �.%` /1 ^ , •• •i• / • 95,000 \ / ••• ,�� • • / / • • ♦/ 90,000 ` / /1 ` 1 / / / 85,000 / 80,000 •• 75,000• • 70,000 65,000 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER -2013 - - - 2014 2015 Percentage Increase Year over Year 2014 exceeded 2013 by 1.32% 2015 exceeded 2014 by 11.11% City of Niagara Falls Transportation Services Department Inter-Department Memorandum TO: Mayor James M. Diodati DATE: May 26, 2015 and Members of Municipal Council FROM: Karl Dren, C.E.T. Director of Transportation Services Ext. 4509 RE: Transit Fare Increase — July 1, 2015 In April 2015, Council approved the annual operating budget, which included additional Transit revenue generated from a fare increase. The revised fare schedule along with the plan to inform residents/customers of the changes to be introduced effective July 1, 2015, is outlined below. The previous fare increase was implemented in April, 2011 and was presented as a five year plan with established annual increases to accompany the associated operating expenditures required to introduce thirty minute headways throughout the daily service. Schedule "A" outlines the revisions to the transit fares for each category. The new routing structure, introduced in January, was designed to include thirty minute headways on all the routes throughout the day. At present, 30% of our routes, which connect our main transfer hubs, are operating on thirty minute headways while the balance operate every hour. With the new system gaining acceptance and ridership showing gains, the four year plan provides for the fare structure to be amended every second year as new service hours (30 min. headways) are introduced. The fare increases bring Niagara Falls Transit more in line with what St. Catharines and Welland Transit are recouping from their customers. At the present time, St. Catharines Transit charges a $3 cash fare and Welland Transit charges $2.75. Both St. Catharines and Welland Transit systems do provide 30 minute headways on all routes throughout the day. Prior to the implementation of the new transit fares an advertising campaign will begin as outlined below to ensure the residents are made aware of the changes. • Notification posters on the buses/municipal facilities • Advertisements in the newspapers • Employing City website and social media • Media Releases to print and radio organizations • Information updates to all Transit fare vendors Working Together to Serve Our Community Parking Control • Parking Operations • Traffic Operations • Transit Services • Transportation Planning SCHEDULE "A" TRANSIT FARE STRUCTURE 2015 - 2018 FARE CATEGORY Apr-11 Jul-15 2016 Jul-17 2018 Cash (existing fare) Adult $2.50 $2.75 $2.75 $3.00 $3.00 Seniors (65 and beyond) $2.25 $2.50 $2.50 $2.75 $2.75 Student (13 to 19) $2.25 $2.50 $2.50 $2.75 $2.75 Child (6 to 12) $1.25 $1.50 $1.50 $1.75 $1.75 Infants (5 and under) Free Free Free Free Free 10 Ride Passes Adults $23.00 $25.00 $25.00 $28.00 $28.00 Seniors $20.50 $22.50 $22.50 $25.00 $25.00 Students (13 to 19) $20.50 $22.50 $22.50 $25.00 $25.00 30 Day Passes Adults $70.00 $75.00 $75.00 $80.00 $80.00 Seniors $54.00 $58.00 $58.00 $65.00 $65.00 Students (13 to 19) $54.00 $58.00 $58.00 $65.00 $65.00 Student Semester Pass* $192.00 $216.00 $216.00 $260.00 $260.00 Adult Day Pass** $6.00 $7.00 $7.00 $8.00 $8.00 * Semester Passes are valid for high school students for 5 months. 20% discount. ** Day Passes allow unlimited travel on Niagara Falls Transit for one calendar day. These increases would also be applicable to the Chair-A-Van rates as there has to be fare media parity amongst the municipality's conventional and specialized services to comply with the Accessibility for Ontarians with Disabilities Act (AODA). Estimations indicate the additional revenue generated by the increased fares will be approximately $30,000.00 for the period July 1st to December 31st, 2015 as identified in the budget presentation. This initiative is supported by Council's Strategic Priority regarding Convenient, Accessible, and Sustainable Transportation, specifically, continue to generate revenues, which keep pace with rising operational costs to ensure our community is provided with; Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Working Together to Serve Our Community Parking Control• Parking Operations • Traffic Operations • Transit Services • Transportation Planning TS-2013-40 Niagarapalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Coun City of Niagara Falls, Ontario The rei:ochinendation;s contained in this >por-t were adopted as ��ie�9ed * City C,�sant: i SUBMITTED BY: Transportation Services SUBJECT: TS-2013-40 Conventional Transit Routing and Scheduling Revitalization Action Plan RECOMMENDATION 1) That the Conventional Transit Routing and Scheduling Revitalization Action Plan be received for the information of Council. 2) That Council approve the process for the implementation of the Conventional Transit Routing and Scheduling Revitalization Action Plan; And that Council endorse a week of free service as a promotion to the routing changes EXECUTIVE SUMMARY The Transit Routing Ad Hoc Advisory Committee, in consultation with Transportation Staff, undertook an extensive outreach program to develop a revitalized routing structure to better meet our Community's public transportation needs. This revitalized routing structure ensures service to our community centres, retail sectors, transportation hubs, secondary and post secondary student needs, and the hospitality sector. Although the Committee's proposal included proceeding to half hour service levels as quickly as possible, this recommendation adheres to Council's direction to address the operational challenges the system currently faces with the route structures proposed by the Ad Hoc Committee in a balanced delivery manner. Thus, the proposed routes have all been designed and thoroughly reviewed with staff to ensure the timing is manageable and customer transfers between buses are convenient, but the frequency of service on routes have not been increased. Currently, 30 day pass holders have full access to the Red, Blue and Purple WEGO lines, as an enhancement to the Niagara Falls Transit service area. The Revitalization Action Plan provides for further seamless integration between the two systems. Now the WEGO Red Line, with proposed enhanced operating hours, will accept single transit fare rides from Niagara Falls residents that originate along the route. The WEGO Red Line services the full length of Lundy's Lane, the Fallsview area, Queen Victoria Park, Clifton Hill, and the Victoria/Ferry Street Centres. This connectivity between our Niagara Falls Transit buses and the WEGO Red Line buses will enable residents to access areas for employment and recreation they previously could not travel to on our municipal service. October 8, 2013 - 2 - TS-2013-40 The new services will commence operation on January 5, 2014. The launch will include one week of free rides on the updated Conventional Transit System to help residents familiarize themselves with the revitalized routing structure and service levels. BACKGROUND The Transit Routing Ad Hoc Advisory Committee engaged the residents and stakeholders of Transit through multiple channels to ensure all comments and issues were incorporated in the formulation of a revitalized service. As per Council direction,this Transit Routing and Scheduling Revitalization Action Plan is a balanced recommendation, which ensures the services have been designed to meet the evolving public transportation needs of our residents while addressing the current challenges the Bus Operators face regarding maintaining their schedules and making seamless connections for customer transfers. These revisions include a redeployment of the service hours for greater efficiency by migrating route redundancy to new community facilities, evolving retail centres, and growing neighbourhoods. As noted above, the new services will commence operation on January 5, 2014. The routes have been designed to allow residents to move as efficiently as possible through our community by providing convenient connection points at the major traffic generator's such as:the Target Plaza, Niagara Square,Walmart Plaza, Main Street Market Square, and the Downtown Bus/Train Terminals. Staff is also communicating with the owners of many of these retail centres to enhance the Transit Hub facilities currently in operation as they recognize the mutual benefit of enhancing the infrastructure in place. In addition to better servicing the retail centres, the routes will better serve our secondary schools and allow for greater connections and possible headway enhancements for the large post secondary inter municipal market Transit currently serves. Utilizing these transit hubs will also enhance our services to Fort Erie and the Niagara Region Transit routes to St. Catharines and Welland. To further improve the services provided to residents,the WEGO Red Line buses travelling along Lundy's Lane will accept customer transfers to/from our municipal Transit routes travelling north and south along the major arteries. Bus Operators will accept single ride cash fares (when the customer displays proof of residency, such as a Student I.D., Senior's, or Health Cards) and ten ride iRide cards, at all stops along the Red Line. Further, all printed transfers from Niagara Falls Transit fareboxes will be accepted when customers transfer onto the WEGO Red Line buses from a municipal bus. Since the WEGO system will not accept one way cash fares from visitors, it is important to provide proof of residency to board with a single cash fare to protect the integrity of this premium system. In addtion, holders of 30 Day iRide Cards would be able to seamlessly access the WEGO Red, Blue, and Purple Lines without proof of residency. To fully facilitate the new routes and schedules, Transit staff has reviewed all the current infrastructure within our system to determine what stops and shelters will remain, which will be removed, and where new stops will be installed. Further to this exercise, staff has been working with the Mayor's Accessibility Committee and a contingent from the Canadian National Institute for the Blind to design new bus stop signs and ensure all facets of this deployment meet the needs of those members of our community with visual impairments. Not only will these new signs be easily read and distinctive on our streets, they will replace faded, non uniform versions, which are difficult to locate and read. This exciting new design will also signal changes are taking place with our community's bus service. October 8, 2013 - 3 - TS-2013-40 Action Plan To ensure the residents are fully informed of the enhancements prior to the January implementation, Transit staff will be marketing the services utilizing the following; Media Release -An initial Corporate Media Release will be issued Wednesday, October 16t1 to inform the community of the January 5'h implementation of the Revitalization Action Plan. This Release will encourage the media to contact Transit staff for information regarding the new services and how residents can access this information. City Website - The Transit site will feature all the routes and schedules to better inform customers and allow them to make inquiries of Transit staff prior to the launch. Open Houses-Transit staff will conduct Open House presentations 5:00 p.m. to 8:00 p.m. at the Victoria Street Library and MacBain Centre for residents to engage staff with questions and comments. These sessions will take place the last week of October and first week of November. Rider's Guide-Our comprehensive customer information guide will be updated to reflect all the changes. These Guides are distributed in many locations and can be mailed as well. They will be printed and ready for distribution by November 15`h. Print Media - Newspaper advertisements and flyers will be employed to supplement the website information as many residents do not have internet access. The flyers will encourage those residents without website access to call for a Rider's Guide to be mailed to their home. Radio Media - A campaign will be created to further enhance the reach of the message and inform the community of the changes through local radio media. Social Media - Twitter and Facebook will be utilized to inform residents who look to these media forms for information. Bus Marketing - All available space on and within our buses will be employed to inform our customers and community. Current Transit customers will notice all changes displayed on posters in the buses Transit staff will also be utilized throughout November on the buses to better assist our customers with any questions they may have. School Outreach Sessions-Transit staff will make themselves available to all secondary and post secondary schools based on their schedules to ensure this large segment of our ridership is thoroughly informed of all changes to their services. Cogeco Community T.V. - Transit enhancements will be communicated to the staff at Cogeco to broadcast throughout the city. Business Improvement Area's - Transit staff will make themselves available to all our community's BIA's to ensure they are aware of the changes and how they may impact their respective customers and employees. Introduction Promotional Period -To allow our loyal riders and residents to fully become familiar with the new services, commencing January 5`h for a one week period, residents will be allowed to ride on Niagara Falls Transit at no charge. October 8, 2013 -4- TS-2013-40 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The financial implications of the routing changes were identified for Council in the Fall of 2011 . The routing changes were approved at this time and the implementation plan was developed. implementation was planned for July 1, 2013 and as such the costs associated with a mid year start were included and approved in the 2013 General Purposes Budget. In 2014, the full cost of the implementation will be included in the budget. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority regarding Convenient.Accessible, and Sustainable Transportation, specifically, from an Advisory Committee of transit users and stakeholders to provide input on transit service to Council and Staff. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: C� Ken Todd, Chief Administrative Officer Dave Stuart S\General Administration\GA 1 01 Reoorts\2013 Council\10 Oct 8\TS-2013-40 Conventional Transit Routing and Scheduling Revitalization Action Plan wpd TS-2014-14 lliagararalls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-14 Transit Service Update RECOMMENDATION That this report be received for the information of Council. EXECUTIVE SUMMARY A completely revised routing system was implemented January 5, 2014. The new services are a departure from the historical system and residents are finding some of the routes and schedules challenging. To address the concerns, four Open House sessions took place to listen to the residents and assure them Transit is endeavouring to assist them with their public transportation challenges. All concerns have been documented and revisions are forthcoming May 4, 2014 to resolve many of the issues brought forward. A listing of the changes being implemented for the May through September service period are presented within the Background section. In order to give riders an opportunity to familiarize themselves with the routing and scheduling structure, as well as, giving staff the opportunity to evaluate the system operation, no further complex revisions are anticipated for the remainder of this year. BACKGROUND On January 5, 2014, new Transit routes and associated schedules were introduced throughout our city. The new services were designed to better serve the entire community by addressing route redundancy issues, better facilitate connections between buses, create more linear routes to eliminate circuitous travel, provide connections to the WEGO Red Line to better serve residents wishing to travel into the hospitality areas, and provide a sound foundation to build upon through this evolutionary process of enhancing the public transportation service throughout our growing community. The new routes and schedules were introduced to the community prior to the launch of the service via updated Rider's Guides, newspaper advertisements, on-bus posters, website updates, media releases, email blasts, Open Houses (Main Library, Historical Museum, and MacBain Centre), social media updates, Transit Ambassadors on the buses for one month, secondary and post secondary school outreach sessions, Council updates, and information on bus stops to inform residents of the pending revisions. April 8, 2014 - 2 - TS-2014-14 Further to the introduction of the new Rider's Guide, a companion brochure was designed and distributed to customers to better inform them of all the revisions taking place and how the new services may affect their travel options. Since the introduction of the new services, Staff has documented all the residents' concerns and endeavored to address as many of these challenges as possible. In situations where greater adjustments were required to assist the resident, staff has been working toward resolving these concerns through slight route and schedule refinements. These revisions for the Daytime and Evening/Sunday/Holiday routes are listed below. Daytime Service Revisions Route Revision 101 Introduction of a 5:30 p.m. trip from Niagara Square to the Main & Ferry Hub to reduce wait times for service. 102 Introduction of a 6:00 p.m. trip from Main & Ferry Hub to the Bus Terminal to reduce wait times for service. Revising route #102 to capture some of the service area covered by route #108, which enhances coverage and efficiency on both routes. 103 Commence service at 6:00 a.m. from Niagara Square to Main & Ferry Hub to better facilitate early morning customers. 104 Monitor passenger loads for possible additional peak time extra service throughout Summer. 105 Revised start and departure times at Niagara Square and Mount Carmel Plaza to better connect with the WEGO Red Line on Lundy's Lane. Will commence service at 5:45 a.m. (Currently 6:00 a.m.) This route will not be interlined with another route. The route will remain on Kalar Road. between Catalina Street and Westwood Street and thus, will not travel on Pitton Road to better service assisted living residences on Kalar Road. 106 No revisions will be implemented. 107 No revisions will be implemented. 108 Commence service 1 hr earlier at 7:00 a.m. (currently starting at 8:00 a.m.). Revising route pattern to travel to Town & Country Plaza — O'Neil St. — Dorchester Rd. to Target Plaza (both ways) to provide greater access to Stamford Centre. 109 Becomes the #114 at Target Plaza for greater connectivity with Stamford Centre. Service commences at 6:15 a.m. (Used to be 6:45 a.m.) 110 No revisions will be implemented. April 8, 2014 - 3 - TS-2014-14 111 Will not be interlined with #114. Will have 30 minute headways (was 60 minutes) to create quicker transportation from north end of city to Niagara Square area. 112 No revisions will be implemented. 113 Revised start and departure times at Niagara Square and Mount Carmel Plaza to better connect with WEGO Red Line along Lundy's Lane. Will commence service at 6:15 a m. (currently 6:30 a.m.) Will not be interlined with route #103 114 Will become route #109 when it arrives at Target Plaza for greater connectivity between northwest corner of city and Stamford Centre. Red Line Starting at 6:00 a.m. (currently 6:30 a.m.) to provide greater early morning connectivity with other routes at Main & Ferry Hub and service to hospitality sector. Evening Service Route Revision Glenview Utilizing TransCab to service the Glenview area in the evening. This TransCab would carry customers from Glenview to the Bus Terminal where residents would access Transit connections throughout City. 203 Reduced run time to 15 minutes (was 30 minutes), which creates greater connectivity at Main & Ferry Hub. Commence evening service 15 minutes earlier with 7:00 p.m. trip from Niagara Square to Main & Ferry Hub to reduce wait times. Interlining of route #203 and route #206. 204 Interlining of route #204 and route #210 (consistent with daytime service). Revisions to schedules will create better connectivity at Hubs. Service will be running to 11:30 p.m. (was 11:15 p.m.) 205 Ending evening service at 10:30 p.m. (was 11:15 p.m.) 206 Interlining of route #203 and route #206 for fewer transfers at Main & Ferry Hub. 209 Interlining with route #214 at Target Plaza (consistent with daytime service). 210 Interlining of route #204 and route #210 (consistent with daytime service). Service running until 11:15 p.m. (was 10:45p.m.) Revisions to schedules and 30 minute frequency (was hourly) will create better connectivity at Hubs. April 8, 2014 -4 - TS-2014-14 213 Evening service ends at 11:00 p.m. (was 11:45 p.m.). 214 Will interline with route #209 at Target Plaza (consistent with daytime service). Sunday and Holiday Service Route Revision Glenview Utilizing TransCab to service the Glenview area Sundays and Holidays. This TransCab would carry customers from Glenview to the Bus Terminal where residents would access Transit connections throughout City. 203 Reduced run time to 15 minutes (was 30 minutes), which creates greater connectivity at Main & Ferry Hub. Service will end at 6:45 p.m. at Main & Ferry Hub (was 7:15 p.m.) Interlining of route #203 and route #206. 204 Interlining of route #204 and route #210 (consistent with daytime service). 205 Starting service at 8 a.m. (was 7 a.m.) Revisions to schedule to create better connectivity at Hubs. 206 Interlining of route #206 and route #203 for fewer transfers at Main & Ferry Hub. 209 Interlining with route #214 at Target Plaza (consistent with daytime service). Starting service at 7:15 a.m. (was 7:30 a.m.) and finishing service at 6:30 p.m. (was 7 p.m.) Revisions to schedule to create better connectivity at Hubs. 210 Interlining of route #210 and route #204 (consistent with daytime service). Starting service at 7 a.m. (was 7:15 a.m.) Revisions to schedule to create better connectivity at Hubs. 213 Revisions to schedule to create better connectivity at Hubs. Starting service at 7 a.m. (was 7:15 a.m.) and finishing service at 7:15 p.m. (was 7:45 p.m.) 214 Will interline with route #209 at Target Plaza (consistent with daytime service). Starting service at 7:30 a.m. (was 7:00 a.m.) and finishing service at 7 p.m. (was 7:30 p.m.) * Italicized text indicates these revisions were finalized due to feedback at the March 17t, 2014 Open House Session at the Main Library. April 8, 2014 - 5 - TS-2014-14 Transit staff have received approximately 200 concerns from residents expressing their challenges with the new service design. Based on the fact Niagara Falls Transit generates approximately 4,000 passenger trips per day, which would represent 2,000 residents making 2-way trips, the concerns brought forward by residents indicate roughly 10%were upset with some aspect of the implementation. The revisions listed above have been designed to remedy many of the challenges residents have brought to our attention. The revisions outlined in this report were shared at an open house that took place at the Niagara Falls Public Library on Monday, March 17, 2014. Approximately 75 people attended this open house. Transit staff will continue to monitor the ridership and concerns brought forward from the community. However, in order to give riders an opportunity to familiarize themselves with the routing and scheduling structure, as well as, giving staff the opportunity to evaluate the system operation, no further complex revisions are anticipated for the remainder of this year. FINANCIAL, STAFFING, LEGAL IMPLICATIONS There are no Financial, Staffing or Legal Implications associated with these revisions. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: ) Karl Dren, Director of Transportation Services Respectfully submitted: 1211 /44-. Ken Todd, Chief Administrative Officer S\General Administration\GA 1 01 Reports12014 Council\4 Apr 5\T5-2014-14 Transit Service Revisions wpd 02/05/2016 2016 Proposed Transit Improvements Transportation Services Department—Transit Services , ter : _ i s _ 'w• :1,..4 ,! i _1,.. 4 Y _ - _ immiiimirpiemmi,, __ . .7-y-,-4, February 9, 2016 \iagaraJtills Strategic Priorities 2015 - 2018 Convenient, Accessible & Sustainable Transportation • Council is committed to employing a safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options to the auto, thereby, creating a City that is truly accessible to locals and visitors. • Objective: Make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally, and provincially. • Objective: Ensure barrier free accessibility. ,"..7,#.:** A GREAT CITY...FOR GENERATIONS TO COME \i g rr failsi 1 02/05/2016 Guiding Principles GO Transit Further enhance seamless connectivity to the Metrolinx network of GO Transit trains and buses. Inter Municipal Working with all public transportation providers within Transit the region to ensure convenient transfers are provided between city services and the Inter Municipal service utilizing common transfer Hubs. WEGO Funding of WEGO initiative was predicated upon Integration continuing to source and implement efficiencies and seamless connectivity with City and Inter Municipal services. "Serve the local population by fully integrating with Niagara Falls Transit System" A GREAT CITY...FOR GENERATIONS TO COME \ia araralls Backgrounder — City Service January, 2014 Introduced entire new route structure and schedule. Integrated WEGO Red Line with city services. May, 2014 Implemented several refinements based on customer engagement to further enhance the system. No further revisions made beyond this date. A GREAT CITY...FOR GENERATIONS TO COME \iagaraf•ulls 2 02/05/2016 2014 Improvements / Hubs 30 Mlr 10O 1 10,111.-WE00 Rerf t Bus/Train Stations Morrison/Dorchester - - t AMain/Ferry - Niagara Square -- A GREAT CITY...FOR GENERATIONS TO COME \iauaraj-alls WEGO Integration — Red Line • Red Line ridership accounts for 25%of City service. 3"m • Addressed redundancy along this corridor allowing - resources to be reallocated. _= `: • Residents&visitors benefit from seamless service _--11-MY into hospitality sector. - ---,-:,-,-72.;--- --- ��* A GREAT CITY...FOR GENERATIONS TO COME e;;, ,,,-;f (k 3 02/05/2016 Ridership Trends NPT Annual Ridership. 2013 -2015 2015 \ / 2013-\/ 2014 A GREAT CITY...FOR GENERATIONS TO COMEN iagarafiills1s Existing Purple Line / Green Line 1190.1.,WEOO Oraar• VVEGIC.Pt flta Route Redundancy • Purple Line overlapped with Green Line on River Rd. i `,l Bus/Train Stations f r Tablerock Hub fes* A GREAT CITY...FOR GENERATIONS TO COME 4 02/05/2016 2016 Proposed Purple Line / Route 104 "Serve the local population by fully integrating with Niagara Falls Transit System" , .�, ._. Bus/Train Station Realigning Purple Line will provide Y-.-1 access to hospitality sector,as well - as Queen St./Victoria Ave./Ferry St. . Access to Green Line from Main&Ferry Hub ` • bus/train stations allows customers to travel north& Mt south along River Rd. ff-41P A GREAT CITY...FOR GENERATIONS TO COME N.iagaraf•iills 2016 Phase 2 Improvements Red Line Improvements • 30 min.headways from 7 to 11 p.m.—consistent with summer service • 30 min.headways Sundays/Holidays.-consistent with summer service • 15 min.headways during a.m.and p.m.peak periods during summer service R i 717. q - - ! — Route 206 r Route 203 Routes 203/206 • 30 min.headways from 7 to 11 p.m. • 30 min.headways Sundays/Holidays. A GREAT CITY...FOR GENERATIONS TO COME e;„_„•;,'',� 5 02/05/2016 2016 Proposed Phase-In Plan Route Improvement Phase-In Plan Additional Additional Cost of Year 30 Mlnute Additional Bus /Phase iT ype of Enhancement Service Operational Additional HeatlwaYs Purchase Hours I Costs Buses Day time. WEGO Red tine-30 min.headways ._am Mon to Sat,non summer, Phase .Not WEGO Rea mne-30 min.neadways Sunday 6 Holiday i non summer; 4,?05 5498.000, SO 2016Required WEGO Red 1 ine l5 min.headway,for 3 hours during a.mand p-m.peaks, Evenings_: Routes 203/206-30 Min 2eadways evenings su,days;holidays 15% A GREAT CITY...FOR GENERATIONS TO COME \iagaraj-alls 2017 - 2022 Future Improvements Proposed 30 Min.Headway Introductions Phase 3-2017 • Routes 101, 103, 106,and 107 will receive 30 min. headways a.m.and p.m. peaks. • Increased service will result in 40%of daytime routes at 30 min. headways. Phase 4-2018 • Routes 102, 105, 108, and 112 will receive 30 min. headways a.m.and p.m. peaks. • Increased service will result in 53%of daytime routes at 30 min.headways. Phase 5-2019 • Routes 109, 113, and 114 will receive 30 min. headways a.m.and p.m. peaks. • Increased service will result in 67%of daytime routes at 30 min. headways. cffs. A GREAT CITY...FOR GENERATIONS TO COME Niag-araj.alt, 6 02/05/2016 2017 - 2022 Future Improvements Proposed 30 Min.Headway'In Filling' Phase 6-2020 • a.m.and p.m.peak service will be extended by 1 hour on all routes. • Increased service will result in 80%of daytime routes at 30 min. headways. Phase 7-2021 • a.m. and p.m.peak service will be extended by 1 hour on all routes. • Increased service will result in 93%of daytime routes at 30 min. headways. Phase 8-2022 • a.m.and p.m.peak service will be extended by 1 hour on all routes. • Increased service will result in 100%of daytime routes at 30 min. headways. A GREAT CITY...FOR GENERATIONS TO COME \ia:arabins Thank You! A GREAT CITY...FOR GENERATIONS TO COME \i aga 7 Explore Tel: 905-356-5444 4342 Queen Street Suite 102 Fax: 905-356-5667 ._ z Niagara Falls, Ontario gm@niagarafallsdowntown.com L2E 7J7 www.niagarafallsdowntown.cotn February 4th, 2016 ATTENTION: Karl Dren, Director Transportation Services Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 The executive of the Downtown Board of Management met with Karl Dren of transportation services today to better understand and consider a realignment of the transit connectivity to our downtown. We are entirely supportive of any initiatives that increase our relevance to the community including both local stakeholders, and tourists. The removal of the Purple Line, and its replacement with a modified Green Line appears to expose our downtown to more traffic. This also increases the likelihood of our approval as a GO station site, which is also of significant importance to the downtown core. Maximizing the growing transportation hub at Erie and Bridge Street makes good sense. Our executive is supportive of these changes based upon the understanding that this is a one-year pilot program, and that further development of the transit 104 line will continue to occur with connections to the new regional transit hub located at the former Target plaza. It is critical to us that the overall transit linkages to the downtown are continually maintained and enhanced. We are also however taxpayers, and want to ensure that municipal funds are spent in the best possible way. Please keep us informed of other developments as they occur in any circumstance that would affect our downtown. Thank you for consulting with us we appreciate being part of the process. Signed, � r1 Phil Ritchie, Chairman Niagara Falls Downtown Board of Management cc. Jim Diodati, Mayor Dean Iorfida, City Clerk Member of Niagara Falls Municipal Council Ken Todd, Chief Administrative Officer Dean Iorfida From: Margaret Gilbert Sent: Thursday, January 28, 2016 7:34 PM To: ClerksStaff; CouncilMembers; Dave Stuart; Karl Dren; Trent Dark Cc: Chris Woolnough; Dave Thornton; Linda Stevens; Lucinda Thomas Subject: Council meeting on February 9, 2016 Clerk's office: I am requesting to be put on the agenda for this meeting so that I may speak to council on behalf of our members( ATU Local 1582), regarding the Transit Budget. Margaret Gilbert President Bus. Agent ATU Local 1582 Cell (905) 651-0944 Fax(289-296-7145 1 F-2016-06 Niagaraaa11s February 9, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-06 OLG Reserve Fund Update RECOMMENDATION That Council receive this update of the funding received from the OLG contribution agreement. EXECUTIVE SUMMARY In 2013, the City of Niagara Falls approved the new Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This agreement significantly increased the City's hosting fees from the previous agreement. The City has recently received the third quarter payment for the 2015-2016 year. The fourth quarter payment will be received in April and a final report will be forthcoming after that. The total amount the City received, after three quarters is $18,474,457. In the preparation of the 2016 budget, Staff has continued with Council direction for the use of the funds. These initiatives include levy reduction, capital reinvestment in infrastructure, policing, future hospital reserves and economic development initiative. At this time, Council has committed $11,104,856. In addition, staff have committed $5,417,500 of the funds towards the 2016 Capital Budget. Staff recommends that Council wait until the annual reconciliation was received from OLG before committing the balance of funds. Council directed that the eligible expenditures to be considered would be Priority 1 capital projects without funding (known as Tab 10 projects). Staff have also left a portion of funds received ($1,702,101) unallocated based on anticipated announcements from the Federal Government in regards to Infrastructure Stimulus programs that may be announced. BACKGROUND In September 2013, Council approved the Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This Agreement increased the hosting fee to the municipality for the two casinos located in Niagara Falls. The funding period is based on the Province's fiscal year, specifically April 1St to March 31st. Payments, based on a percentage of gaming revenues, are received by the City each quarter. 2 F-2015-21 May 12, 2015 ANALYSIS/RATIONALE It should be noted that revenues received from the contribution agreement have been used in a variety of ways including levy reduction, capital reinvestment, regional policing, establishment of a reserve for future hospital development and economic development initiatives. Staff are preparing a 3 year summary once the final quarter payment is received. At the inception of the agreement, Council recognized the need to establish direction for spending the increased funds generated. As a result, Council adopted six key areas of expenditures that funds should be used for. These include 1) property tax relief 2) future Niagara Falls hospital 3) Capital Asset Investments 4) Economic Development Initiatives 5) Debt retirement 6) NRPS funding. The funds received will have been used for a variety of operating, capital needs as well as for future investments. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This report is an update of the funding received up to the end of the third quarter. A summary of commitments from the 2015-2016 revenues is shown in Chart 1. Staff are proposing to allocate the balance of funds available to a number of projects previously identified in the capital budget as unfunded, Priority 1. CITY'S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure LIST OF ATTACHMENTS Chart 1 — Summary of 2015-2016 Actual Revenues and Expenditures — Third Quarter Results Recommended by: Todd Harris , Directo of Finance Respectfully submitted: Ken T dd, Chief Administrative Officer F-2016-06 CHART# 1 City of Niagara Falls OLG Contributory Agreement Summary of 2015-2016 Actual Revenues and Expenditures For the 9 month period ending December 31, 2015 2015-2016 Total Funding Received during the year $18,474,457 Expenditures Commitments during Period NRP agreement for policing $4,200,000 Historical Property Tax Subsidy $3,000,000 Additional Tax Levy subsidy due to changes in 2014 Tax Policy $2,945,000 WFOL light improvments commitment $600,000 New Hospital Commitment(1.5%) $277,117 2015-2016 Niagara District Airport Capital $82,739 $11,104,856 60.11% Balance of Funding Remaining before Capital Commitment $7,369,601 Economic Development Request (F-2016-07 pending) $250,000 Committed to 2016 Capital Projects $5,417,500 $5,667,500 30.68% Balance available for additional Capital Reinvestments under the Federal Infrastructure Program $1,702,101 9.21% �j►� MW-2016-07 Niagaraaalls February 9, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-07 Parks and Playground Equipment Condition Assessment and Amenity Selection Process RECOMMENDATION That this report be received for information. EXECUTIVE SUMMARY At its meeting on June 23, 2015, Council passed a motion directing staff to prepare a report on the condition of the current park equipment and the criteria used to determine what features and amenities are included when parks projects are constructed. The purpose of this report is to provide the requested information and a Capital forecast of projects requiring consideration in the capital budget over the next 10 years. BACKGROUND The City of Niagara Falls owns and maintains over 1000 acres of public parks, trails and play spaces providing a full range of amenities to residents and visitors of this community. The City's Official Plan provides guidance regarding the hierarchy of parks facilities primarily in three classes; Neighbourhood Parks These parks are centrally located and are designed to meet the needs of a majority of parks users. They often have street frontage to provide visibility and safe access. Amenities include active play areas, passive areas, landscaping, playground equipment and play fields. Neighbourhood Parks are established on a standard of 1.4 ha per 1000 people and are located near elementary school sites wherever possible. February 9, 2016 - 2 - MW-2016-07 Community Parks Community parks service residents within larger planning districts and accommodate the needs of the larger population base. While the emphasis is placed on providing facilities for active recreation and organized sports the design takes into consideration opportunities for landscaping, passive recreation, woodlot preservation and natural heritage features. A design standard of 1.0 ha per 1000 people has been established for this class of park. These parks are located in areas that are accessible to the public by means of automobile, public transit and through pedestrian links to public sidewalks and trails. City-Wide Parks City-wide parks are designed to meet the active and passive recreation needs of all residents including opportunities for social and cultural activities, sports, entertainment and public meeting spaces. They are designed to take advantage of prominent land forms and natural heritage features and are located in widely-distributed areas across the City. A standard of 2.5 ha per 1000 people is used for these types of facilities.. The Recreation Master Plan also provides guidance and more specific details regarding the type of amenities and service levels established for each location. The Recreation and Culture department staff is responsible for the long—term planning and program scheduling at each of the City parks and facilities and also provide maintenance and operations services at City-owned pools and arenas. Municipal Works staff is responsible for the ongoing maintenance of parkland and green spaces including trails, woodlots and sports fields. Each site is monitored and inspected on a regular basis to keep the facilities tidy and to repair and report damage. Staff has received training to become certified playground practitioners and the documentation of the park and playground equipment conditions is an important aspect of their daily work assignments. When the costs of repair are no longer affordable or cost effective the matter is referred to the Capital Budget process. Capital projects are identified and delivered through a collaborative process that balances community needs and feedback from residents and user groups. ANALYSIS/RATIONALE For the purposes of the Parks Capital Budget, projects have historically been initiated from four primary programs; 1 . Parks Infrastructure Needs 2. Growth-Related Needs 3. Joint Venture Opportunities 4. New Capital Projects February 9, 2016 - 3 - MW-2016-07 Parks Infrastructure Needs (see attachment #1) This program focuses on those park projects that require investment to retain the level of service that can no longer be provided through routine maintenance activities. These projects are prioritized based on public safety risk, public needs and replacement cost. Growth-Related Needs (see attachment#2) This program is premised on the recreational needs of new residential development projects. Lands contributed through the Parkland Dedication requirements of the Planning Act are transferred in title to the City which allocates Development Charges revenues to construct the appropriate amenities for the new neighbourhood. Joint Venture Opportunities (see attachment #3) This program contains projects that may not be identified as community needs but through cost sharing and mutual interests create a practical opportunity to make an investment. These projects are generally initiated by special interest groups who access funding through external grants and other fundraising activities. New Capital Projects (see attachment#4) This program prioritizes new park initiatives identified in processes like secondary plans, streetscape masterplans and high level recreation and transportation plans. These projects often require more detailed business cases and funding from external sources. The estimated costs provided in these forecasts represent the investment required to maintain the current level of service and are prioritized based on an annual review of the condition, risk and suitability of the existing amenities. Once the budget is approved staff engages residents through a series of Public Notices and Information sessions. The community is invited to participate in the decision regarding the type of features and amenities are to be included in the project. Modifications to comply with current AODA standards are also incorporated into the project scope. Occasionally this process leads to the need for additional funding however the finished product suits the current needs of the community and creates a sense of stewardship of the public space. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Capital forecasts are helpful in describing the long term needs of the community however these needs require annual reviews and consideration during the Capital Budget approval process. February 9, 2016 - 4 - MW-2016-07 CITY'S STRATEGIC COMMITMENT The recommendations contained within this report are in keeping with the following strategic commitments; economic vitality, financial stability and, customer service excellence. LIST OF ATTACHMENTS 1. Parks Infrastructure Needs 2. Growth-Related Needs 3. Joint Venture Opportunities 4. New Capital Projects Recommended by: ' Geoff Holman, Director of Municipal Works Respectfully submitted: Ken odd, Chief Administrative Officer MW -2016-07 - Attachment #1 02/01/2016 Page 1 PARKS INFRASTRUCTURE NEEDS ASSESSMENT Priority Project Name Description Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 Ontario Park Play Area Improvements Park improvements include; playground, tennis court, benches and accessible pathways Park improvements include; playground, tennis court, benches and accessible pathways • srrni 53 1 F.J. Miller Park Play Area Improvements 1Improvementsrk Solar Park Play Area Park improvements include; playground, basketball court, benches and accessible pathways ...:)207., 1mprovements Chippawa Lions Park Removal of existing wading pool, reconstruction of tennis courts, master plan for additional improvmements in the future - . 6 1 Oakes Park Grandstand Refurbishment Waterproof roof deck, repair masonry, refurbish seating & railings. Top -up P p Oakes Park Running Track Resurface Resurface and reline Oakes Park rubberized running track. $180,000 $180,000 Palmer Park Washroom Building Improvements to Palmer Park washroom building $50,000 $200,000 Baden Powell Park Improvements Undertake life cycle maintenance improvements at Baden Powell Park. These improvements include: Rehabilitation of existing nature hiking trails, parking lot redevelopment, controlled burn of grasslands. _ $25,000 $25,000 $25,000 Riverview Park Play Area mprovements Ipathways Park improvements include; playground, tennis court, basketball, benches and accessible $190,000 Westfield Park Play Area Improvements Park improvements include; playground, basketball court, benches and accessible pathways $177,000 Stamford Lions Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $151,000 Oakes Park Parking Lot Improvements Rehabilitate existing west and east parking lots ' ''_ $173,000 131,000 Prince Edward Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $146,000 Royal Manor Park Play Area Improvements Park improvements include; playground, benches and accessible pathways 'n $122,000 Gustavus Munroe Park Play Area Improvements Park improvements include; playground, basketball court, benches and accessible pathways .. $161,000 John N. Allan Park Play Area Improvements Park improvements include; playground, basketball court, benches and accessible pathways — $145,000 Carolyn Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $158,000 Glenview Park Play Area Improvements Wilson Park Play Area Improvements Park improvements include; playground, tennis court, benches and accessible pathways Park improvements include; playground, benches and accessible pathways 'r1;t $200,000 $127,000 Mount Forest Park Play Area Improvements Park improvements include; playground,' benches and accessible pathways Park improvements include; playground, benches and accessible pathways ir. $145,000 $120,000 Grey Robinson Park Play Area Improvements Firemen's Park Play Area Improvements Park improvements include replacement of safety surfacing "` $65,000 S \REPORTS\2016 Reports\MW-2016-07 - Attachment 1 - Parks Infrastructure Needs MW -2016-07 - Attachment #1 02/01/2016 Page 2 PARKS INFRASTRUCTURE NEEDS ASSESSMENT Priority Project Name Description Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 M.F. Ker Park Tennis Court Improvements Rehabilitate 1 tennis court and convert 1 court to basketball $52,000 Brookfield Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $146,000 Kitchener Park Play Area Improvements Park improvements include; playground, basketball court, benches and accessible pathways Park improvements include; playground, tennis court, basketball court, benches and accessible pathways Rehabilitate 1 tennis court and convert 1 court to basketball ; �' .' $132,000 $175,000 $48,000 Lind Sommerville Park Play Area Improvements E.E. Mitchelson Tennis Court Improvements Meadowvale Park Tennis Court Improvements Rehabilitate 1 tennis court and convert 1 court to basketball $59,000 Althea Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $116,000 Corwin Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $117,000 Alexander Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $110,000 Theresa Park Play Area Improvements Park improvements include; playground, tennis court, basketball, benches and accessible pathways Refurbish gazebo and associated landscaping $208,000 $60,000 Cummington Square Improvements W.L. Houck Park Tennis Court Improvements Rehabilitate 1 tennis court and convert 1 court to basketball $54,000 Russell Park Play Area Improvements Park improvements include; playground, benches and accessible pathways - $117,000 Shirley Park Play Area Improvements Park improvements include; playground, benches and accessiblepathways $113,000 A.J. McKinley Park Play Area Improvements Park improvements include; playground, tennis court, basketball court, benches and accessible pathways $204,000 Glengate Park Play Area Improvements Coronation Park Play Area Improvements Park improvements include; playground, tennis court, benches and accessible pathways Park improvements include; playground, benches and accessible pathways $205,000 $129,000 A.G. Bridge Park Tennis Court Improvements Rehabilitate 4 tennis courts $100,000 Cherry Hill Park Tennis Court Improvements Rehabilitate 1 tennis court and convert 1 court to basketball . ` $68,000 Alpine Park Play Area mprovements Ipathways Park improvements include; playground, basketball court, benches and accessible < .,`...." $145,000 Fern Park Play Area Improvements Park improvements include; playground, tennis court, basketball, benches and accessible pathways $208,000 Oakes Park Play Area Improvements Park improvements include; playground, benches and accessible pathways $171,000 TOTALS '$1,>107278 $946,000 $654,000 $503,000 $665,000 $740,000 $665,000 $434,000 $502,000 $524,000 S \REPORTS\2016 Reports\MW-2016-07 - Attachment 1 - Parks Infrastructure Needs MW -2016-07 - Attachment #2 02/01/2016 Page 1 PARKS GROWTH RELATED NEEDS ASSESSMENT Priority Project Name Description Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 Garner Recreational Trail Development -McGarry Drive to McLeod Road The extension of the Garner Trail from McGarry Drive to Mcleod Road sidewalk. This will provide a connection to City parks, schools, and the Warren Woods Trail system. q,� $90,000 1 Chippawa West Park Development Development of a new neighbourhood park in the Chippawa West Subdivision $250,000 Subject to timing of developer's work Fernwood Trail Phase 2 Completion of the traill within Fernwood Park along the SWM ponds. Establishment of the emergency access road $270;000 1 Edgewood Woodlot Development of nature trail and boardwalk in woodlot $75,000 1 Thundering Waters Trail Development Development of a new trail system within the Thundering Waters Subdivision -; y $200,000 Subject to timing of developer's work 1 Thundering Waters Park A Development Development of new neighbourhood park in Thundering Waters Subdivision $250,000 Subject to timing of developer's work 1 Warren Woods Park B Development Development of new neighbourhood park in Warren Woods Subdivision $250,000 Subject to timing of developer's work 1 Thundering Waters Park B Development Development of new neighbourhood park in Thundering Waters Subdivision $250,000 Subject to timing of developer's work TOTALS ',: 1300000 $340,000 $75,000 $200,000 $250,000 $250,000 $250,000 $0 $0 $0 S:\REPORTS\2016 Reports\MW-2016-07 - Attachment 2 - Growth Related MW -2016-07 - Attachment #3 02/01/2016 Page 1 S \REPORTS\2016 Reports\MW-2016-07 - Attachment 3 - Joint Venture PARKS JOINT VENTURE NEEDS ASSESSMENT Priority Project Name Description Budget Year Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Kalar Park Parking Lot and Park Improvements Project Completion of paving, storm services, parking space lining, curbing, lighting for the two existing stone parking lots, Design and Development of a new children's accessible playground area Kalar Park BuildingExpansion Expansion and Park Improvements to existing park clubhouse building for new referee change rooms, storage space, and maintenance space. Due to CSL and soccer league requirements. Second artificial turf sports field required due to high demand from sports groups and events. Budget for the initial consulting and site selection; potential partnership opportunities, development $380,000 $70,000 $1,800,000 $200,000 Artificial Turf Field Development Turf Sportsor Patrick Cummings Memorial Sports Complex - Baseball Facilities Expansion Planning and design for the expansion of baseball facilities in response to user group needs. r _ $160,000 Niagara Falls Lions Park Washroom Improvements Partnership with NF Lions Club to renovate the existing City park building next to the new splash pad to provide accessible public washrooms - $98,000 Mountain Road Landfill Development Creation of end use plan with region. Implementation of plan. -` $200,000 $200,000 Subtect to timing of work by the Niagara Region. TOTALS $708,000_ $1,800,000 $400,000 $200,000 $0 $0 $0 $0 $0 S \REPORTS\2016 Reports\MW-2016-07 - Attachment 3 - Joint Venture MW -2016-07 - Attachment #4 02/01/2016 Page 1 PARKS NEW CAPITAL PROGRAMS NEEDS ASSESSMENT Priority Project Name Description Budget Year Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Goner Trail (Kalar to Minor improvements to open up gravel trail 000 Project requested by PITC Committee Millennium Trail Sections 5 and 6 Development Public onsultation and conceptual design of the Millennium Trail along Ontario Power Generation Hydro Canal. Between Portage Road and Lundy's Lane $'i#30 $50,000 $546,000 $573,000 Chippawa Boat Ramp Park Phase 3 - Washroom Building Development Construction of new washroom building with attached pavillion area. Battlefield Site Development Project Planning and design of the former Battlefield School property. Implementation of site signage and landscaping $91;000 Mewburn Park Recreational Master Plan Development Planning and development of future Mewburn Park recreational area. $75,000 Planning and consultation for recreational park Rosberg Family Park Development Ongoing development of the park masterplan. This Phase includes the design and construction of the focal clock tower feature, and other park improvements _ $160,000 Part of the downtown revitalization program. A.G. Bridge Park Pathway Development Further to a request from the residents, the existing worn grassed path that runs through the park from Carlton Avenue (south) to Culp Street (north) is well used and in very poor condition. Staff propose to construct an accessible park standard asphalt paved 2.4m wide park pathway in response to this matter. Conduct an environment assessment to address requirements for signalization of intersections and other roadway improvements needed to facilitate the construction of priority trails. - $52,000 $80,000 This project was recommended as a priority by the Transportation Master Plan 2011 Major Trail Environmental Assessments NS&T Trail Development - East Phase 1 New multi-purpose trail. Alignment along NS&T rail corridor from Victoria Avenue east to Erie Avenue. On street connection from trail along Park Street/Erie Avenue to Olympic Torch Legacy Trail. $405,000 This project was recommended as a priority by the Transportation Master Plan 2011 NS&T Trail Develo ment - West p New multi-purpose trail. Alignment along NS&T rail corridor from Kalar Road East to Montrose Road $26,000 $330,000 This project was recommended as a priority by the Transportation Master Plan 2011 NS&T Trail Centre Development New multi-purpose trail. Alignment along NS&T rail corridor from Meadowvale Drive East to Drummond Road $36,000 $452,000 This project was recommended as a priority by the Transportation Master Plan 2011 Roberts Street BridgeDevelopment Development of new bridge crossing of Roberts Street. New bridge structure installed on existing railway abutments. $30,000 $59,000 $373,000 This project was recommended as a priority by the Transportation Master Plan 2011 Grand Boulevard Trail Development New plaza style walkway. Alignment along rail corridor from Clifton Hill South to Murray Hill $150,000 $1,698,000 This project was recommended as a priority by the Transportation Master Plan 2011 Fallsview Public Spaces Development New public plazas associated with Fallsview Area $350,000 Scope of work to be developed with stakeholder consultation 2nd Leash Free Dog Park Development Location to be determined ;' $35,000 $150,000 2016 -design and planning, 2017- construction Mitchell Line Trail Development New multi-purpose trail. Alignment along Hydro One transmission corridor. Trail to extend from Gary Hendershot Trail (Cuviello Court) East to Portage Road. $55,000 $860,000 This project was recommended as a priority by the Transportation Master Plan 2011 Charnwood Park Development Montrose Road Land Fill End-use Plan and deye)gpment Replace existing grass with artificial turf infield, Oakes Park Diamond #1. $80,000 $189,000 $400,000 Reduced maintenance costs, more playability, tournaments. Oakes Park Diamond Infield Improvements S:\REPORTS\2016 Reports\MW-2016-07 - Attachment 4 - New Capital Projects MW -2016-07 - Attachment #4 02/01/2016 Page 2 PARKS NEW CAPITAL PROGRAMS NEEDS ASSESSMENT Priority Project Name Description Budget Year Comments 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 MacBain Community Centre Skateboard Park Lighting Improvements Install new lighting system to allow for afterdark g g y use of the skateboard park , , tbd Requested by users Hydro Corridor 9 Trail Development - West New multi-purpose trail. Alignment along Hydro One transmission corridor. Trail to extend from Kalar Road East to Montrose Road. $30,000 $335,000 This project was recommended as a priority by the Transportation Master Plan 2011 Hydro Corridor 15 Trail Development - East New multi-purpose trail. Alignment along Hydro transmission corridor. Trail to extend from Dorchester Road to Level Avenue (Dixon Street). Trail on north boulevard on Dixon Street from Level Avenue to Stanley Avenue. - $45,000 $514,000 This project was recommended as a priority by the Transportation Master Plan 2011 NS&T Trail Development _ East Phase 2 New multi-purpose trail. Alignment along NS&T rail corridor from Drummond Road east to Victoria Avenue $80,000 $70,000 $710,000 This project was recommended as a priority by the Transportation Master Plan 2011 Hydro Corridor 8 Trail Development - East New multi-purpose trail. Alignment along Hydro One transmission corridor. Trail to extend from Olden Avenue East to Stanley Avenue. $53,000 $743,000 This project was recommended as a priority by the Transportation Master Plan 2011 M.F. Ker Park Master Plan Develop new master plan for Ker Park to better serve the sports user groups and larger community. New multi-purpose trail. Alignment along Hydro One transmission corridor. Trail to extend from Gamer East to Montrose Road. $50,000 $43,000 $491,000 This project was recommended as a priority by the Transportation Master Plan 2011 Hydro Corridor 15 Trail Development - West Millennium Trail Section 2 Development Construction of Section 2 of the Millennium Trail along Ontario Power Generation Hydro Canal. South of McLeod to Welland River. $174,000 $1,930,000 This project was recommended as a priority by the Transportation Master Plan 2011 Seneca Street Trail Development Construction of trail connection from the Olympic Torch Legacy Trail along Seneca Street to River Road (partially on -road) Phase Development of public park area adjacent to Community Centre as per Master Plan. Work includes a second park gazebo and fitness trail $ 50,000 $160,000 This project was recommended as a P yp Plani20by 1 the Trans ortation Master MacBain Community Centre Park Improvements Major Trail Lighting Lighting of existingmajor trails. These include 9 9 1 Millennium Trail Sections (1 & 4) and Olympic Torch Legacy Trail $350,000 $500,000 $350,000 This project is needed to bring existing major trails to the new standard (trail lighting) proposed by the Transportation Master Plan 2011 Gary Hendershot Memorial Trail Extension New multi-purpose trail extension southward of the existing Gary Hendershot Memorial Trail terminating at McLeod Road. Alignment to follow OPG canal. $62,000 $706,000 This project was recommended as a priority by the Transportation Master Plan 2011 Hydro Corridor 9 Trail Development -East New multi-purpose trail. Alignment along Hydro One transmission corridor. Trail to extend from E.E. Mitchelson Park East to Swayze Drive $37,000 $421,000 This project was recommended as a priority by the Transportation Master Plan 2011 George Bukator Trail Development Construction of water front trail/boardwalk system from Millennium Trail Section 2 East to Stanley Avenue f $78,000 $879,000 Planning and Development of this trail system will be an extension of the Thundering Waters Trail System. TOTALS ;9b4 $914,000 $1,946,000 $4,559,000 $972,000 $1,496,000 $1,225,000 $1,992,000 $1,321,000 $1,650,000 S:\REPORTS\2016 Reports\MW-2016-07 - Attachment 4 - New Capital Projects MUNICIPAL WORKS Inter-Departmental Memo To: Mayor James Diodati and Members of Council From: Geoff Holman, C.E.T. Director of Municipal Works Ext. 4219 Date: February 3, 2016 Re: Fernwood Park &Trail Project Our File: P0515 At the last meeting of Council on January 26th, 2016, Councillor Pietrangelo reminded me of his previous request to provide the details of the process followed to design and construct the new playground facility at Fernwood Park. This is a new Neighbourhood Park located in a new subdivision on lands dedicated as parkland and transferred to the City as a condition of the development approval. New parks are challenging to plan and design as there is no usage history or knowledge of the demographics on which to base decisions. For this reason we have to trust the feedback we receive by hosting Public Information Centers and notices to existing residents. The notices dated May 16th, 2014 (attachment #1) provided information regarding the proposed scope of the project and an invitation to attend a Public Information Centre (PIC) on May 29tH 2014 at the MacBain Centre. Alternatively, residents could submit written comments by June 6th, 2014. The PIC was attended by 21 residents (see attachment #2) and although staff didn't get a lot of written feedback the primary issues could be summarized as follows; • Add basketball courts, tennis courts and splash pads • Artificial turf or rubber matting • Trail needs re-alignment • Need a second roadway/egress to the subdivision • Speeding problems • Increased maintenance needed along trail and Storm Water Management Ponds • Concerns regarding coyotes in the area Staff took these comments and, where practical, included them into the design. The parkland dedicated through the Subdivision process did not provide much opportunity to provide active play spaces (like tennis courts) but adjustments were made to the trail alignment, seating areas added, trees added and minor grading issues addressed. The playground equipment selected was a function of the available space and the approved budget. A Great City ... For Generations To Come The project design was completed and an RFP was issued for the supply of the playground equipment. The site work and installation was tendered and closed on July 22"d, 2014. At its meeting on August 12th, 2014 Council approved report MW-2014-38 (see attachment #3) which awarded the tender to the low bidder subject to a reduction in the scope of the work as the original Capital Budget was exceeded. The balance of the project (approximately 340 meters of trail) was deferred to a second phase. This decision, a construction notice and drawing was sent to area residents on September 18th, 2014 (see attachment #4). Comments and questions were invited once again. The conceptual site layout and construction photos are attached as attachment#5, #6 and#7 respectively. Overall we have received positive comments about this project and it is well utilized by the residents in the community. The subdivision continues to grow and new ideas and amenities could be added where space and budget limitations permit. The 2016 Capital Budget lists Fernwood Park/Trail-Phase 2 as a priority project and, if approved, will give residents the opportunity to seek additional feedback about what works and what doesn't and what is required to finish the project. I am happy to answer your questions and meet with residents at their convenience if they have any questions about the process and the project details. Yours truly, Geoff Holman, .E.T. Director of Municipal Works GH/st Attachments: 1. Notice of PIC—May 16,2014 2. Sign-in Sheet—PIC May 29,2014 3. MW-2014-38—Tender Award Fernwood Park&Trail Development Project—Aug. 12,2014 4. Construction Notice to Residents—September 18,2014 5. Conceptual Site Layout 1 6. Construction Site Photo#1 7. Construction Site Photo#2 cc. Ken Todd,Chief Administrative Officer Dean lorfida,City Clerk David Antonsen, Landscape Architect A Great City ... For Generations To Come 7-- Attachment #1 ,./.-- 1. is at [.tTa.lis May 16. 2014 Dear Neighbour, Re: Fernwood Park and Trail Development Project The City of Niagara Falls is pleased to inform you that we planning for the development of the Fernwood Park and Trail. On the reverse side of this letter is a location map. This project will include: the construction of a new playground area with security lighting, the paving of the existing gravel trail,the planting of new park trees, the creation of seating areas. the installation of bike racks and waste receptacles. A colour concept sketch showing all of the proposed improvements is available for review at the City's website. www.niagarafalls_ca Construction is expected to start Summer 2014. We would like to hear your thoughts and answer your questions about this project. A Public Information Centre has been arranged for: Location: MacBain Community Centre (Multi-Purpose Room A) 7150 Montrose Road Date: Thursday, May 29, 2014 Time: 6:30pm to 8:00pm If you are unable to attend the meeting please feel free to contact me at the email or phone number below. We would appreciate your comments by Friday, June 6, 2014. Yours truly. David Antonsen, OALA CSLA Landscape Architect Manic pal Works Fxt 3335 Fax 289-296-3048 Working Together to Serve Our Community dantonsen@niagarafalls ca . � : cff *'6X5 905-356-7521 www.niagarafalls.ca w FERNWOOD PARK. AND TRAIL DEVELOPMENT PROJECT SITf LOCATTON MAP SITE LOCATION MAP .-T—T-7 - , .,.. T t i" 1 i 111 ,,,', ', '-‘4Yr—ii.Y i i \ c-, ' ,. ,,,,,.... , 1-- 1 --1. r -----, f" l' o, ._- .,- ,z,...- _.,,,,, f , i 1,...•-.1 \ ' '. ,„......e.'"' ' D \bk..,16 1 ' -7, - --. • x'....„-, -• •, -- ' „„C.) ..---' 2)---4;-', \ \ \e,.'s\-\ , •,,, ,: \ ',..,:: -- 7- -- - ' •-• -;,,,: •,, , ...-- ,. \ . --\--- , --,,,,,,,- ty... i ,,,, \ \ ,, ‘ - , ,, \ „„,•- • • -• - "7,- - -'` - • - •-)A \ , st\ ,,. . .„. \ \ , -,. ', i • 17. - •_--, •• ,A' , , \ , ,,\ ''' Y''' ''''' \ 1NVV 0 OD4',-.al<‘ - .-AA-D- TRAIL SI • ..,:- ,...,.,, .,_..,....... .....n ..., c ,, _,.._,. •• ,, ....., .,.• ,-'' ,, '• - \-- .,,,_,,,.,,--- - , 1 ' ' ''-'4N'Y , 1 i ....--- I . I LUN Dy...ts_LN cs, • •. NiOgaraf"lis Subject Land MW-2014-38 �!- Attachment #3 Niagara nils August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council Th,,F,�m City of Niagara Falls, Ontario , a;, SUBMITTED BY: Municipal Works SUBJECT: MW-2014-38 Contract # 2014-351-14 - Tender Award Fernwood Park and Trail Development Project RECOMMENDATION 1. That the tender with the revised project scope from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for the Fernwood Park and Trail Development Project in the amount of$275,895.45 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is necessary to complete development of a new neighbourhood park and a section of the new recreational trail in the Fernwood subdivision. Work will include a new playground area with accessible playground equipment, concrete curbing, asphalt pathways, seating areas and related landscaping. Furthermore work will also include drainage improvements within the Fernwood Woodlot adjacent to the rear yard of residents on Tapestry Court. All bids received were over the tender budget $315.000. To advance the project on budget. Staff reduced the project scope by deferring a portion of the trail development. Staff are recommending Contract #2014-351-14 Fernwood Park and Trail Development Project be awarded to the low bidder, Touchstone Site Contractors Inc. With the revisions to the project scope, the contract value is within overall budget forecasts. BACKGROUND Fernwood Park (9260 Hendershot Blvd) is a new neighbourhood park situated within the Fernwood Subdivision. Refer to attachment #1. The 0.1 hectare (0.25 acre) park was dedicated to the City of Niagara Falls in partial fulfilment of the statutory parkland dedication requirements. The purpose of Fernwood Park is to provide the residents of the Fernwood subdivision with the standard level of service for neighbourhood parkland. Fernwood Park will contain amenities that will include an accessible neighbourhood playground, accessible pathways, seating, picnic space, a free play area and related landscaping. Selection of the August 12, 2014 -L - 11.11:1-'OA ?vv playground equipment was conducted through RFP21-2014. The Fernwood Trail is situated adjacent to the ctnrmwater management facilities fnr the Fernwood Subdivision. Once completed, the (900 metre long) Fernwood Trail will extend from Garner Road to the West limit of Hendershot Blvd and will also connect to Fernwood Park. The trail will be paved with asphalt and feature seating areas, signage and landscaping. In 2013, City staff were made aware of drainage issues along the south limit of the Fernwood Woodlot adjacent to the rear yard limits of residences on Tapestry Court. These drainage issues caused intermittent localized ponding along the interface between the Fernwood Woodlot and properties on Tapestry Court. City staff, with assistance of the Niagara Peninsula IJula CVI IJcI VaLIVf Authority,Ily,UCVCIUIJ U a plan to resolve U Ic drainage lege IJJUGJ through ditch improvements. ANALYSIS/RATIONALE A contract is necessary to facilitate the development of Fernwood Park and Trail. Work will include site grading, playground area construction, concrete curbing, asphalt paving, concrete pavement, site furniture installation, topsoil placement, turf seeding, signage installation, armourstone, and tree planting. In addition ditching and tile drainage work has been included in the contract to address drainage issues within the Fernwood Woodlot. A tender call was issued for the project on July 8, 2014 with the closing on July 22, 2014. 4 bidders responded to the call. Contractor City Tender Price Corrected Bid Touchstone Site Contractors Thorold $336,991.45 Stevensville Lawn Service Stevensville $355,875.00 $355,925.00 Peninsula Construction Fonthill $388,938.71 Garden Grove Landscaping Waterdown $406,052.34 Staff completed a thorough review of each bid and found the bid submitted by Touchstone Site Contractors Inc. for the amount of $336,991.45 (excluding HST) was the lowest bid and met all necessary requirements. Unfortunately all four bids received were above the tender budget of $315,000. Given the neighbourhood importance of advancing this project in a timely fashion, City staff and consultants met with the low bidder and developed a way to reduce the cost of the project. This was accomplished by reducing the project scope by deferring approximately 340 metres of trail. The resulting project cost from the scope reduction is $275,895.45+HST. The reduced project scope still includes approximately 500 metres of paved trail to be constructed. Refer to attachment# 2. The lowest bidder for the Fernwood Park and Trail Project did not change due to the proposed project scope changes. No price adjustments were requested by the bidder even though there were significant material unit reductions between the original project scope August 12, 2014 -3 - MW-2014-38 and the revised project scope. The deferred section of trail may be implemented in the future with other trail works that include the eventual elimination of the existing construction access from Lundy's Lane. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The expenditure in this tender for Fernwood Park and Trail was approved with the 2014 Capital Budget with a program budget of$365,000. 90% funding for this project is funded through development charges. At the present time there are no revisions to the budget expenditures or funding sources. The expenditure in this tender for Fernwood Woodlot/Tapestry Court drainage was approved with the 2014 Capital Budget in the Ditching Improvement Project with an overall program budget of $25,790. At the present time there are no revisions to the budget or funding sources. This tender represents one part of the overall project and further expenditures will be made. The tendered price is within the overall budget forecasts. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. Location Map 2. Revised Scope of Work Plans Recommended by: f, Geoff Holman. Dire.for of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen Location Map Fernwood Park And Trail Development Project Contract#2014-351-14 Location Map / \ ---- -.---.0.00-- I' 1:4706 124eastr=V=Ceurt Drainage „..-' ._----' _...------ — -T-APESTP.Y-C-IT Cl -„ ,........,,..-..,, 0 0 r------- ,,... . .. ,, , .......„,..„„...../...,„. .., \,,P 1,,,,\.(c.k.,-Ck ' ' '''- -- =- ' •-=.----'-' .-...- 4 ., , . ... .. „ .. ..., ,.. . . . . _ .. . > ..-- 7zi ,-- , .--,:.,,. 73 ,FertiWooi-„, . rk & Trail 0 . ..,..,- I . , ..,,, . _ . _ - .. ... - . ., - ,---- z I C--- 7, ,,-- - --'-' . 11 .....---- , , _ _____ _.---- -LIjr`JE4Y2-C-L-N — ____--------- 1 ..7D r-7- ,t) t2 Niagaraplails I July 2014 Subject Land', REVISED SCOPE OF WORK PLANS i I I t ; t 0 I" ismommo-- -..-"N . ....m . , . •i I 1 1 Ito ti .""" • . - r• i I A rilli i •; — ( ' ma I , 11-42.: I 111, •.. 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C 1. 4 C 0' .------ U0 0 0 _a CC-7667 if SEE DRAWING 1 II MATCHLINE STA.0+100 i IImn° S i .yam I �`I t i 'l 1! 'A 'll I ! tl i i i in c 135 '1 if ' I f,. !rrl}I },Ca i `° 1 I r . • ja A 3 j i f if ._ ti st ! ,� �i a P b 1 A II Dn°- ? I\ _ 1 t * rnF. I pp • i _ L . jigs I (I f -I G7 ° n j "a: , 1 m gZ> 1m 1 ii i to 3 =ISI Fit -.. I i 3 1 ',I it -i 1`. i 1 Iv ! I, y ryg f HMI z i IA i n m a a 111r I # i u IQ)' rii ; 11 .1 ! e .-< I F y 1 W I 1 f~ _ w I j ao ! i um k • i -as . \ . Zan i \} y �1 I A T • e i!4 n e. '\ I1 t;-,:, ; ri r -i I . Ti. •i t _ s +' y I I a 0o A I j �m. 11 �I yp I i Wiz. , . !! ,... , ,... „, , i_ _, , ,_, .., ,..., 7J ;ii.; v ,,, V c 2 iIIa 12. Ptai 11 iI and . Attachment #4 Higarapalls September 18. 201 Dear Neighbour: Re: City Contract 2014-351-14 Fernwood Park and Trail Development Project The City of Niagara Falls will be undertaking the development of Fernwood Park and Trail. In addition,this project will also include drainage swale work within the Fernwood Woodlot north of Tapestry Court. This contract will be carried out for the City of Niagara falls by Touchstone Site Contractors. Contract administration and inspections will be completed by Urban Environmental Management. Construction is tentatively scheduled to begin Monday September 29,2014 and will be continuous until completion later this fall (weather permitting.) The anticipated hours of work will be Monday to Friday 7am to 5pm. As part of the constn.uetion, the contractor will he completing grading work within City lands along the rear limit properties on Tapestry Court and Hendershot Boulevard. Please ensure that all personal property(including drains and irrigation systems)are removed from City property to avoid damage. Due to budget constraints, the section of asphalt trail west of the play area will not be paved at this time. Tree planting in this west area NAill also not be done. This section of trail will he completed in the future with other trail works. All other portions of the project as planned(including children's playground) will go forward with construction at this time. The reverse side of the letter includes a plan illustrating the Fernwood Park and Trail work. Should you have any questions concerning this work please feel tree to contact me. Sincerely, f David Antonsen OALA. CSLA Landscape Architect Community Services Department Munic;pal VNores Ext 3335 Fax 289-296-0048 0or aogether to Serve Our Community dantonsen@riagarafalls ca 6X5 905,356-7521 www,niagarafalls.ca .11 . ------____ , I ��d4, ce —1 r;,T, %., ______,___ -'I ' ----__________ 1, . ''''''''•.lirtir7:-„_,'''-'-f-Ts...:,_,,,.. ''''fr.::) � 0. � 1 '" . irr.. "" r _ I V W L O 3 \-:'''''' 1 t �� it 1 a' ` `k' _ - 1 pn ti 2a � a .u_______ ! _5 IA 41, i L • I ttt i ---- i JI it -- 'f- w y I S * 4- = S �` , , - 1 . V �! ! i -� i 1 o i —! Ii ' , m It i r- i f I, ! I ( 1 ,. 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F-2016-06 February 9, 2016 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2016-07 Niagara Falls Tourism Request RECOMMENDATION That Council approve the request of $250,000 and utilize funding from the 2015-2016 contribution agreement. EXECUTIVE SUMMARY In 2013, the City's contribution agreement with the Ontario Lottery and Gaming Corporation (OLG) was revised to provide additional funding to the host municipality. At the time that the municipality received this funding, staff recommended a number of uses for the funds. While the bulk of the expenditure commitments were for infrastructure reinvestments, tax levy subsidy and contract for policing, Council agreed that investment into economic development initiatives were important. In 2015, Council approved a funding commitment towards a Destination Marketing Campaign conducted by Niagara Falls Tourism. In 2014, the City contributed $250,000 towards the program in partnership with Niagara Falls Tourism and the Ontario Tourism Marketing Partnership. The request for the City is $250,000 this year. Staff believe this is an investment consistent with staff's original recommendation for economic development initiatives regarding use of the OLG reserve fund. BACKGROUND The City of Niagara Falls has a request from Niagara Falls Tourism for funding support. This request relates to a partnership opportunity for a destination marketing campaign. Attached is a letter from Niagara Falls Tourism requesting the 2016 funding amount an outlining the 2015 program results. Council established spending priorities for the amount received under the OLG contribution agreement and economic development opportunities were included in these priorities. The justification for these investments is based on the fact that the City's annual revenue from the Contribution Agreement is determined by revenues generated in the casinos. This funding partnership is an opportunity to invest in a program 2 F-2016-07 February 9, 2016 designed to attract more visitors to the City in general which will have a positive impact on casino visits and generate additional revenue for the municipality. 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. ANALYSIS/RATIONALE The 2015 campaign was quite successful with the following results. Summer Campaign • Increased destination brand awareness to U.S. market with 46 million impressions/38,000 new contacts for Niagara Falls Tourism's database/1 million contest entries. • Increase in calls/emails to Niagara Falls Tourism for information up 67%. • Increase in U.S. visititation to the Niagara Falls Tourism website up 22%. • Increase in package bookings up 178%. Winter Campaign • Increase in destination brand awareness to U.S. market 22 million impressions • Increase in U.S. visitation from the State of New York to Niagara Falls Tourism's website up 241%. • Increase in package bookings up 10% • Increase in referral bookings directly to hospitality sector 40% The requested funds from the City will leverage an additional $650,000 from the Hospitality Industry Partners for the summer campaign. Staff is proposing to use the OLG funds for its share toward this initiative. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Contribution Agreement with OLG has provided funding opportunities for a variety of municipal initiatives. 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 request be considered. 3 F-2016-07 February 9, 2016 LIST OF ATTACHMENTS Letter from Niagara Falls Tourism — Destination Marketing Campaign for 2016 /41E7/ Recommended by: Todd Harrison, Director of Finance Serge Felicetti, Director of Business Development Respectfully submitted: Ken Todd, Chief Administrative Officer • NIAGARA FALLS TOURISM F-2016-07 - Attachment 1 January 27th,2016 Serge Felicetti Director Business Development City of Niagara Falls 4310 Queen St. P.O.Box 1023 Niagara Falls,ON L2E 6X5 Dear Serge: RE: DESTINATION MARKETING CAMPAIGN FOR 2016 Last year the City of Niagara Falls partnered with Niagara Falls Tourism,the Tourism Partnership of Niagara and the Ontario Tourism Marketing Partnership to create a destination marketing campaign that ran for the months of June,July,August and then again in December of 2015. The marketing campaign was 100%digital enabling great tracking capabilities. We focused on our major segments couples and family fun. Our focus was to convert traffic to our booking engine or to direct bookings directly to our members through banner ads or member links. The total budgeted value of the campaign was$650,00 with the following goals: GOALS 1. Increase destination brand awareness to U.S. market 2. Inform the consumer about new products 3. Increase U.S.visitation to the NiagaraFallsTourism.com website 4. Increase overnight/length of stay 5. Increase average spend 6. Increase incoming revenue to the destination SUMMER SPEND-NATIONAL BRAND AWARNESS CAMPAIGN The Travel Channel National U.S. platform was chosen for the Summer campaign with concentrated banner ads,native content,videos, newsletters, destination guide editorial and a contest for an all- expenses paid trip to Niagara Fails for the week. The platform was geo-targeted to the short haul market coupled with a national focus enabling us to reach the mid and long haul markets which are typically left untouched, SUMMER SPEND HIGHLIGHTS 1. Increase destination brand awareness to U.S. market results: 46 Million Impressions/38,000 new contacts in our database/1 Million contest entries 2. Increase in calls/email to Niagara Falls Tourism for travel information up 67% T 3. Increase U.S.visitation to the NiagaraFallsTourism.com website up 22% T 4. Increase in Package Bookings up 178% T 5. Increase in average booking spend up 10% T from an average of$704.00 to $762.00 6. Increase hotel occupancy and average daily rates increased: RESULTS Occupancy rate increased 3.4% 'I` Average Daily rate increased 8.7% T WINTER SPEND - PROGRAMMATIC FOCUS NEW YORK STATE The winter campaign was a programmatic advertising campaign that geo-targeted New York State. Our campaign focus was on the Winter Festival of Lights, Christmas, New Year's Eve and the Scotiabank Convention Centre Ice Wine Festival. It was banner driven on travel, news, food blogs and high traffic website. This campaign had a huge re-marketing focus and followed behavioural habits. WINTER SPEND HIGHLIGHTS 1. Increase destination brand awareness to U.S. market results: 22 Million Impressions 2. Increase U.S.visitation from the State of Niagara Falls New York to the NiagaraFallsTourism.com website up 241% 1` 3. Increase in Package Bookings up 10% 1` 4. Increase in referred bookings directly to our members up 40%1. MATCHING FUNDS REQUEST This year Niagara Falls Tourism partners will be coming forward with a $900,000 spend towards a marketing campaign in 2016. Unlike other years we have significant investment from private industry. The campaign funding is as follows: Niagara Falls Tourism $100,000 Tourism Partnerships of Niagara $100,000 Industry Stakeholders $250,000 Destination Canada $200,000 City of Niagara Falls $250,000 Total Campaign $900,000 We respectfully request$250,000 in matching funds from the City of in order to market and ensure tourism growth for the destination. Sincerely, Wayne Thomson Chair, Niagara Falls Tourism 02/05/2016 City of Niagara Falls 2016 Capital Budget t dor February 9, 2016 yiagarilJ ulIs Introduction • Opportunity to provide Council with an overview of 2016 Capital projects • Capital budget is available on-line • Capital budget is fully funded based on available funds Amilmommissammost A GREAT CI TY...FOR GENERATIONS TO COME \jogai-al a/I% 1 02/05/2016 Capital Budgeting Process Step 1 • In late fall, all Directors were required to submit lists of departmental projects for consideration for the 2016 budget • Projects were prioritized • Priority 1 - ready to start A GREAT CITY...FOR GENERATIONS TO COME \iagarapalls Capital Budgeting Process Step 2 • Directors were required to rank departmental priority 1 projects • Finance staff used these ranked lists to fund projects from available sources • Presentation in budget document identifies projects in departmental ranking order, not alphabetical A GREAT CITY...FOR GENERATIONS TO COME \iagaraJ all.ti 2 02/05/2016 Proposed Capital Expenditures by Department Fire $ 730,000 Municipal Works $22,929,337 Fleet $ 1 ,674,300 Transportation $ 650,000 Recreation & Culture $ 640,000 Building $ 1 ,070,000 Library $ 176,000 Info System/Gen Gov. $ 195,000 Cemeteries & Parks $ 772,500 Total $28,837,137 jZ:1:1,„ A GREAT CITY...FOR GENERATIONS TO COME \iagaraf tills Funding Sources • Transfers from Operating Budget • Transfers from Utility Budget • Development Charges • Special Purpose Reserves • Federal Gas Tax • OCIF Funding • External Contributions • OLG Reserve A GREAT CITY...FOR GENERATIONS TO COME \iagaraTnl/s 3 02/05/2016 Projects Not Included • As indicated, Priority 1 projects were reorganized by department heads • Priority 1 projects that were excluded are listed in Tab 10 of the budget • Tab 10 projects are ranked in departmental order similar to that of funded projects immimmok. Ammon A GREAT CITY...FOR GENERATIONS TO COME \iagarapt/Is Asset Management Plan (AMP) • Initial plans were developed in 2014 based on 2013 data • Staff will update Council bi-annually • In 2017, there is increased reporting requirements for Gas tax agreements and provincial FIR A GREAT CITY...FOR GENERATIONS TO COME \iagaraJ a11.ti 4 02/05/2016 OLG Contribution Agreement Reserve • Report F-2016-06 provides update on funds received as at 3rd quarter • Committed $6 million to capital budget in 2016 • 4th quarter payment will be received in April • Re-evaluate Tab 10 projects • Staff used $5,417,500 to fund 16 different projects • Cross section of departments received funding A GREAT CITY...FOR GENERATIONS TO COME \iagaraJull.% Municipal Debt Update • Municipalities borrow for capital projects not operating subsidies • City has debt servicing ratio of 6.14% of own source revenues • No debt was issued in 2015 • Two projects were approved in 2015 that require debt issuance: LED Lighting - $1,470,600 Library HVAC improvements - $1 ,400,000 • One project in 2016: City Hall Façade - $1,000,000 A GREAT CITY...FOR GENERATIONS TO COME \iagaraj'a/is 5 02/05/2016 Revised Debt Projection by Year 80 70 60 N 111110. C 50 1111 cO 40 �, .. 30 20 10 0 O .-1 N M 111 t0 N 00 01 0 rl N M rl rl .l a-1 rl rl N rl N rl N N N N O O O 0 0 0 0 0 0 0 0 0 0 0 N NNNN NNNNNNNN N Municipal Debt Plan Revised • As 2014 AMP indicated, municipality requires greater capital reinvestments than currently alloted • Borrowing rates continue at historic lows • Staff will provide Council an updated reinvestment plan that will ensure debt continues to decline • with declining debt, this will free additional funds for capital replacement A GREAT CITY...FOR GENERATIONS TO COME \is ga rara II 6 02/05/2016 In Summary • 2016 Capital Budget $28.8 million • Used $5,417,500 of OLG contribution, with 4th quarter amount to be received • No increases in transfers from operating & utility budgets • OCIF funding of$837,000 included, as well as federal & provincial gas tax • Revised debt management plan to be provided to Council for 2016/2017 A GREAT CITY...FOR GENERATIONS TO COME Niagara/ .II.. Next Steps • Staff looking for Council approval • Questions? ff* A GREAT CITY...FOR GENERATIONS TO COME \iagara/rrlh 7 m v 0 PBD-2016-05 NiagaraJalls February 9, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-05 26CD-11-2015-003, Proposed Plan of Condominium (Standard) 3710 Main Street (Chippawa) Applicant: 1515435 Ontario Ltd. (Mike Petrus) Lawyer: Brandon Boone RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 1515435 Ontario Ltd. has applied to divide the building under redevelopment on the property into 18 units (8 ground floor commercial units and 10 second floor residential units) by registering a Standard Plan of Condominium on the lands. Planning staff recommends the application for the following reasons: • the Plan of Condominium will allow individual ownership of the units; • the condominium will provide housing choices to City residents and will contribute to the City's required 3 year short term housing supply; • all applicable planning policies have been applied to the project and there are no outstanding matters that need to be addressed by further public input; • City and agency interests will be addressed through the fulfillment of conditions contained in Appendix 1. 2 PBD-2016-05 February 9, 2016 BACKGROUND Proposal The applicant proposes to register a Standard Plan of Condominium on the 2,822 square metre (0.7 acre) parcel of land known as 3710 Main Street (Chippawa). Refer to Schedule 1 to locate the parcel. Site plan approval was granted last year to guide the redevelopment of the 2 story building on the lands. The project is currently under construction. The applicant proposes to register a Standard Condominium on the lands to permit individual ownership of the 18 proposed units (8 commercial and 10 residential). In addition, 17 basement storage units and 18 parking space units are proposed to be created in conjunction with the commercial and residential units. The driveways, landscaped open space and visitor parking will be owned in common by the condominium. Schedules 2 and 3 illustrate the layout of the project. Circulation Comments • Regional Municipality of Niagara — No objections, subject to the inclusion of a warning clause, in the Condominium Agreement, advise waste collection will be done through a private contractor and not the Region. • Municipal Works, Parks Design — No objections, subject to meeting conditions listed in Appendix 1. ANALYSIS/RATIONALE The property is zoned General Commercial (GC), in accordance with Zoning By-law No. 79-200, which permits a mixed use (commercial/residential) building. Site plan approval was granted for the project last year. Building Permits have been issued and the project is proceeding in accordance with the approved plans. The City is holding a Letter Credit (LC) to ensure compliance with the Site Plan Agreement. The LC will not be released until all the site works are completed to the City's satisfaction. To ensure site works are completed when ownership is transferred to a condominium corporation, Staff recommend the inclusion of a condition requiring substantial completion and certification of these works prior to final plan approval. The majority of the standard development issues, including land use, servicing and grading, transportation and landscaping have been addressed in previous Planning approvals. Therefore, the conditions of approval are generally limited to the provision of a community mail boxes and Bell Canada services, provision of any necessary facilities and easements to Enbridge, the payment of cash-in-lieu of parkland dedication, and a final review to confirm zoning and site plan compliance prior to registration of the condominium. In addition, as the site does not meet requirements for Regional waste collection vehicles, waste collection will need to be done by private contractors. The Region has requested a warning clause in the Condominium Agreement advising of this. 3 PBD-2016-05 February 9, 2016 With the clearance of these conditions, the proposed condominium will meet all applicable City policies. Under Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. LIST OF ATTACHMENTS ➢ Schedule 1 - Location Map ➢ Schedule 2 — Condominium Ground Floor ➢ Schedule 3 — Condominium Second Floor Plan ➢ Appendix 1 — Conditions of Draft Approval Recommended by: ( ��}` ,✓, Alex Herlovitch, Director of Planning, Building & Development I4,44.21_' Respectfully submitted: I ` -- Ken Todd, Chief Administrative Officer A.B ryce:bm Attach. S:\PDR\2016\PBD-2016-005,26CD-11-2015003,3710 Street,Mike Petrus.docx 4 PBD-2016-05 February 9, 2016 Schedule 1 Proposed Plan of Condominium (Standard) 1515435 Ontario Ltd 3710 Main St Chippawa Location Map Q'Af4 „ yl 1:1176 Gr 0+ „Ksce, r 41. 0- G� f hr- ttis N ` a 4 • �yM December 2015 Subject Land 5 PBD-2016-05 February 9, 2016 SCHEDULE 2 MAIN STREET a _ N 4031730.E CPL "'7 elf --___—__ P 1 -- eXISTM6 1971EL 1 1 S I WIT A42WW1 Mi UNIT M6 UNIT Mi i l [lw Rri�t �nw- 1/.w Rna.l ,y I+r<s 1 1 :j 4 1 * 1 1 G 1 I 1 UNIT Ye 0 I I44.4 w.1 1 1 \— ,....—. _ 1 I 1 I P 1 1 1 It L t....awl.I I I s P 1 > 1 1 w/ UNIT!O {C 14!+44.1.1 I D UNIT n r 144 T+1141 I I I P 1 Id 1.1181 arc i t I ZA! 1 T M1 I AL P nestoorII yi 1. — a1 em • a t4 t ' o lit___ N40sT3rE__rots lii i l iS k i l 3 i i v 2 t \ a \ 2 v v llv \ v v v v a I3 t , p ...IR 1 > aaTt & ala , vwvwvvv11 N 403 1 31.02 6 PBD-2016-05 February 9, 2016 SCHEDULE 3 I ` ( BUILDING UNIT RI UNIT R3 BELOW su.xnh.t IPd(TR2 te,exne' s2* g msg. 3 8 UNIT R4 UMI f RS (fid.KBO 7..t (T.MKcpyn! 8 UNIT R6 ISA. 8b.l UNI T R'T t to.x.o41.( 9 UNIr RIo t 1?6,w6.1.! !NI Rd !NIT Rq e4P.xn+a.t (OA.XOB. i BUILDING BELCH 9 5 7 PBD-2016-05 February 9, 2016 APPENDIX 1 Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Raimondo and Associates, dated November 12, 2015, showing 8 commercial units 10 residential units, 17 storage units and 18 parking space units 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submit to the City all necessary drawings and information to confirm zoning and confirm substantial completion and certification of site works in accordance with the site plan agreement. 5. That the developer supply, install and maintain mail delivery lock boxes within the building, at his cost, in accordance with Canada Post's specification, and provide the expected installation date to Canada Post. 6. The developer agree in the Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required which may include a blanket easement for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. Note: The Developer is hereby advised that prior to commencing any work, the Developer must confirm that sufficient wireline communication/ telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the Developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for the above noted connection, the Developer will be required to demonstrate to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 7. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, an exclusive use location if a pressure reducing regulation system is 8 PBD-2016-05 February 9, 2016 necessary, any necessary relocation of the gas main, installation of necessary gas piping prior to construction of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. 8. That the Condominium Agreement contain the following warning clause: "The owner agrees to include the following warning clause in all Agreements of Purchase and Sale or Lease for each unit to survive closing: "Purchasers/Tenants are advised that due to the site layout, waste collection for the development will be provided by the condominium corporation through a private contractor and not the Region". Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Canada Post for Condition 5. - Bell Canada for Condition 6. - Enbridge Gas Distribution Inc. for Condition 7. 'J2 TS-2016-07 Nia ara alis February 9, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2016-07 Ontario Electric Vehicle Charger Program (EVCO) RECOMMENDATION That this report be received for the information of Council "That staff be directed to make the best efforts to conclude a Hos}- Site Agreement under the EVCO Program with the Plug'n Drive Coalition of Ontario" EXECUTIVE SUMMARY In July 2015, Council approved report TS-2015-21 (attached) recommending the implementation of a Pilot project for the installation of Electric Vehicle Charging Stations (EVCS) and to develop partnerships to assist in offsetting costs. On December 8, 2015, the Province of Ontario announced a program for instituting a new Climate Change Strategy by investing $20 million in the Ontario Green Investment Fund to support the build-out of a network of public electric vehicle (EVCO) charging stations across Ontario. On December 21, 2015, the City received formal information about the program and the availability of 100% funding (supply, installation and operating costs) to the successful applicants. Applications must be submitted to EVCO program by February 12, 2016. The Successful applicants will be announced in March 2016 and have until March 31, 2017 to be operational. Upon news of the upcoming program, staff immediately formed a working team (partnership) to identify locations that would best meet the Provincial criteria. The Team is made up of staff form the City, the Niagara Parks Commission (NPC) and Niagara Peninsula Energy (NPEI). It was determined that NPEI should take the lead role in coordinating the application for the City and the NPC as they would be best suited to move the process forward. Due to the magnitude of the work and the short time frame required, that Plug n' Drive, a not for profit organization, are submitting applications on behalf of over 16 communities which include Burlington, Windsor, and others throughout the QEW/400 series corridor. Plug n' Drive, is a non-profit organization that focuses on the implementation, development and success of the electric vehicle programs in Ontario. 2 TS-2016-07 February 9, 2016 The role of the City and the NPC will be to host the charging stations at various locations under their control i.e. parking lots (location map and description attached). A formal host agreement requiring Council's and the NPC's approval will be forthcoming. As part of the funding conditions the charging stations would have to remain in approved locations for five years. Once the five year program is complete, we would have to determine who operates the EVCS's beyond the commitment. BACKGROUND In July 2015, Council approved report TS-2015-21 (attached) for the implementation of a Pilot project for the installation of Electric Vehicle Charging Stations (EVCS) and to develop partnerships to assist in offsetting costs. On December 8, 2015, the Province of Ontario announced a program for instituting a new Climate Change Strategy by investing $20 million in the Ontario Green Investment Fund to support the build-out of a network of public electric vehicle (EVCO) charging stations across Ontario. Through this program, the province is seeking public and private sector partners to create a network of fast-charging electric vehicle stations in cities along highways and at workplaces and public places across Ontario. On December 21, 2015, the City received formal information about the program and the availability of 100% funding (supply, Installation and operating costs) to the successful applicants. Applications to the EVCO will be accepted from December 21, 2015 to February 12, 2016. The Successful applicants will be announced in March 2016 and have until March 31, 2017 to be operational. Upon news of the upcoming program, staff immediately formed a working team (partnership) to identify locations that would best meet the Provincial criteria. The Team is made up of staff form the City, the Niagara Parks Commission (NPC) and Niagara Peninsula Energy (NPEI). The Team has been assembling information and undertaking field work to provide background information to ensure that the Provincial criteria is met, for each location (sample field sheet attached). It was determined that NPEI should take the lead role in coordinating the application for the City and the NPC as they would be best suit to move the process forward. As well, they are organizing body for neighbouring communities such as Lincoln and West Lincoln on their Ontario grant applications. The team reached out to other communities across the Province to determine how they are proceeding with their application. Many of the communities, through their utility providers, are utilizing Plug n' Drive as the applicant for the program Province wide. Due to the magnitude of the work and the short time frame required, Plug n' Drive are submitting applications on behalf of over 16 communities which include Burlington, 3 TS-2016-07 February 9, 2016 Windsor, and others throughout the QEW/400 series corridor. Plug n' Drive, is a non- profit organization that focuses on the implementation, development and success of the electric vehicle programs in Ontario. Advantages of partnering with Plug n' Drive as the Applicant are as follows: 1. Plug n' Drive will own the stations and will have access to the locations through host agreements with the City of Niagara Falls and Niagara Parks Commission. 2. Plug n' Drive has the network infrastructure to inform the public of the new charging locations through partnership with CAA and a Plug n' Drive App. 3. Plug n' Drive will assume the major liabilities associated with the stations and will be responsible for the collection and reporting of data to the government over the life of the program (five years). 4. Plug n' Drive has partnered with OPG to cover the all operational costs and expenses for the first two years of the program and will be responsible for the remaining three years. 5. Maintenance will be through the equipment supplier and Plug n' Drive administers. The role of the City and the NPC will be to host the charging stations at various locations under their control i.e. parking lots (location map and description attached). A formal host agreement requiring Council's and the NPC's approval will be forthcoming. As part of the funding conditions the charging stations would have to remain in approved locations for five years. Once the five year program is complete, we would have to determine who operates the EVCS's beyond the commitment. ANALYSIS/RATIONALE Provincial Funding for EVCS would enable the City of Niagara Falls to implement more EVCS in a shorter window of time without the capital and operational overhead costs while supporting the direction of Council to reduce the City of Niagara Falls carbon footprint. FINANCIAL IMPLICATIONS The Grant funding would free up planned capital expenditures for EVCS implementation over the next five years. 4 TS-2016-07 February 9, 2016 CITY'S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. ATTACHMENTS Approved Council Report TS-2015-21 - July 28, 2015 Map Location listing Sample of Location Criteria Recommended by: 12- Karl Dren, Director of Transportation Services ‘44-11j Respectfully submitted: Ken Todd, Chief Administrative Officer PB TS-2015-21 Niagaraf;alls July 28, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-21 Electric Vehicles and Electric Vehicle Charging Stations RECOMMENDATION 1) That a pilot project for the installation of an EV charging Station(s) be considered as part of the 2016 Budget deliberations. 2) Investigate opportunities to develop public private partnership for the supply/installation and on-going electricity cost associated with the establishment of EV Charging Station(s). EXECUTIVE SUMMARY City staff has been asked to review the potential for Electric Vehicles (EV) and Electric Vehicle Charging Stations (EVCS) as a benefit to the municipality moving toward a green environment and reducing the City of Niagara Falls carbon footprint. Staff have undertaken a review of EV technology as it relates to Fleet, Community buildings and Municipal Parking Lots. Early in the review process fleet services were excluded, based on limited experience related to fleets in other communities and therefore focused on EV Charging Stations. The majority of electric vehicles are utilised in urban communities with short commuting distances. The majority of EV owners charge their vehicles at home overnight. The purpose of strategically placed EV Charging Stations is to extend the driving range of vehicles. In North America EV's account for less than 1% of all vehicles sold, however, as technology improves so will the demand. With the sales of EV's continuing to rise (35% over last year), Staff are suggesting the implementation of 1 or 2 pilot sites To date, there has not been a demand for this service and staff has only received one initial inquiry regarding the implementation of electric vehicles and electric vehicle charging stations. BACKGROUND Staff have been requested to review the aspects of EV options for the City fleet along with the associated charging stations for public buildings and municipal parking lots. Fleet will be evaluated at a later date. 2 TS-2015-21 July 28, 2015 In recent years, numerous plug-in vehicles (EVs) have been brought to the consumer market by several different auto manufacturers. Nationally there are estimates ranging from 150,000 — 600,000 EVs to be on the road in Canada by the year 2020 which is generally seen as an opportunity for green economic development and related technology advancement. In Ontario, this also represents a shift to a more sustainable means of meeting a portion of the energy demand for transportation by moving away from fossil fuels such as gasoline and diesel towards the many renewable power sources utilized within Ontario's electricity grid (e.g. hydro, wind, solar). The federal government and the automotive industry are investing millions of dollars into research and development for the electrification of transportation. Ontario's provincial government also provides rebates and incentives to support the consumer market adaption of EVs. There are several Canadian manufacturers of EV charging station equipment as well as local auto dealerships offering an increasing number of EV makes and models. Research shows that government subsidized charging stations initially helps to start a more community-wide development of public EV charging infrastructure as other institutional and private sector stakeholders become more involved. Municipalities can play an important role at the community level in this regard. Electric vehicles are issued special licence plates which permits access to HOV laves with only the driver. An increasing number of municipalities are supporting the evolving consumer market for EVs by directly or indirectly providing public EV charging stations. Several communities in Southern Ontario have now installed multiple EV charging stations available to the public including but not limited to Toronto, Durham Region, Markham, Brampton, Guelph, Hamilton and London. Quebec and B.C. are also leading the way in establishing public EV charging infrastructure within developed urban settlement areas. Although the majority of charging personally owned EVs takes place at an individual's residence, public plug-in charging stations provide top-up charge opportunities at various local destinations around the community (e.g. malls, recreation facilities, museums). This helps to reduce what is referred to as "range anxiety" by enabling EV drivers to further extend their battery power range and thereby to carry out more activities around the community, in many cases with zero tailpipe emissions. Some municipalities are also recognizing this as a means to help meet their community GHG reduction targets. The City of Niagara Falls currently does not have a policy on the reduction of Greenhouse Gases (GHG), however, the Transportation Master Plan speaks to Sustainability. Currently, there are approximately several privately owned EV charging stations in the City ranging from restaurants to Hotels to Casino to homeowners (as identified on the CAA and plugshare websites, listed in Schedule "A"). 3 TS-2015-21 July 28, 2015 EV Charging Station Types Level 1 Equipment - Usually supplied with the vehicle, can be plugged into a standard hove 120volt outlet. It usually takes 8 to 16 hours to fully charge the vehicle. Level 2 Equipment —It usually takes 3 to 8 hours to fully Charge the vehicle, with a partial charge of 1.5 to 2 hours to provide a 16 to 20 km operating range. Typical cost including hardware, installation and materials is $ 8,000.00 to $20,000.00. Level 3 Equipment ("DC Fast Charge) - It usually takes 30 to 40 minutes to fully Charge the vehicle. Typical cost including hardware, installation and materials is $75,000.00 to $100,000.00. In addition to the installation cost there are also on-going maintenance costs including but not limited to periodic inspection, testing and preventative maintenance by a qualified electrician, as well as, electricity costs. A separate bylaw and fine condition would need to be created to address non-electric vehicles parking in the designated Electric Vehicle spaces. Municipal Parking Lots Pedestal style units would be required in municipal parking lots at a higher cost. Signs and ground markings would need to be added to the parking lot to denote the designated EV parking space. It has been evaluated that most Municipal parking lots would require the additional installation of a transformer to provide adequate power supply. Municipal Parking Lot #18 could be considered as a pilot location due to its proximity to the tourist area. It is located at Kitchener St. and Victoria Ave. Community Buildings The MacBain Community Centre could be used as a pilot location for the charging stations as it would be the best match in promoting The City of Niagara Falls as a healthy environment and clean community. Other locations to be considered are the Gale Centre, Coronation Centre and the joint parking Sylvia Place / Niagara Falls Museum lot. As with municipal parking lots, a suitable location would need to be determined and signs and ground markings to the parking lot to denote the designated EV parking space. As there are no parking spaces available up against the building itself where a charging unit would be available for wall mounting, a pedestal style charging unit would be required. 4 TS-2015-21 July 28, 2015 ANALYSIS/RATIONALE Implementation of Electric vehicles and electric vehicle charging stations would promote The City of Niagara Falls as an environmentally friendly community. Those using charging stations would be inclined to park for longer durations and spend more time involved in the area and businesses. There has not been a demand for this service to date and staff has only received one initial inquiry regarding the implementation of electric vehicles and electric vehicle charging stations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Due to the costs associated with equipment start-up and on-going energy costs, many communities have developed partnerships with utility companies, manufacturers of charging stations and vehicle manufacturers to help share in this initiative. Based on experience of other municipalities, the estimated cost to purchase and install a Level 2 EVCS is approximately $10,000.00 to 12,000.00. The yearly maintenance and consumption costs average approximately $1,000.00 (depending on usage and who would be responsible for electricity consumption, the user or the city). Electric Vehicles and Electric Vehicle Charging stations have not been included in the 2015 budget, therefore, a pilot project for the installation of an EV charging Station(s) be considered as part of the 2016 Budget deliberations. CITY'S STRATEGIC COMMITMENT Convenient , Accessible and Sustainable Transportation: Encourage multi-modal travel and active transportation initiatives, and enhanced motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Schedule 'A' — Location of Electric Vehicle Charging Stations at Businesses in Niagara Falls / � -:e __ I Recommended by: Karl Dren, Director of Transportation Services Respectfully s u bm i tten4-1,- ( -447)------% Ken TodChie tministrativeicer Li Paul Brown 5 TS-2015-21 July 28, 2015 Schedule 'A' Location of Electric Vehicle Charging Stations at Businesses in Niagara Falls (as posted on CAA and Plugshare websites) Taps on Queen Brewhouse & Grill 4680 Queen Street Travellodge at the Falls 4943 Clifton Hill Fallsview Casino Resort 6700 Fallsview Boulevard Best Western Cairn Croft 6400 Landy's Lane Zappi's Pizza 6663 Stanley Avenue Graybar Canada 7000 Kinsmen Court Rodeway Inn Fallsview 5582 Dunn Street Comfort Inn 6645 Fallsview Boulevard Marriott Gateway Hotel 6755 Fallsview Boulevard Great Wolf Lodge 3950 Victoria Avenue Hilton Hotel & Suites 6361 Fallsview Boulevard ,i'.,..-,,,,/ p , sq, the: ,, i t-'3 H, 41 '-1 t.3--, ."..,,-,..„ . ,.., tirAs ( ii ;-r-- Electric Vehicle Chargers Ontario Grant Program Application Map of Proposed EVSE Locations a, c4-i? - - .. ,,......, , -0021 101,,, .,., ., ... 6,75) .._ .. - .Th, .. II ., ,lA - 2. t <Ns.s.\\, I' , ' 4 1 r •• - . ,,,,,-, _. , '''-tili110010 , 1 -. . -------- —.ft.--- .--, t 1 ;:•' ' "'J'. t•-- - i 1 .tt ir, I . 1 7 - 0754) -.1 .. 7.4 .... . .., .4. ,.., .,. ' Nlagara Falls ---- / _' -_,- -- , ,--, -2 gara Falls -. .."‘ I aitsviev. Casino Reto.-...r. ,,.., .kr,i,Of . , ,4r...4 „,. . 4--, 4p• 4. ._, . ,„.. r•- ,. -,:,. t. 44,,,,, - Maii414--i,1041 .4. 4 , .... LEGEND 4, Locations proposed for both Level 2 and Level 3 EVSE's -., Locations proposed for Level 2 EVSE's only art ilersh p wat tfae of Ni'Bata FaAs and r4"'@ Magara Parks Cramarssion Electric Vehicle Chargers Ontario Grant Program Application Summary of Proposed Locations with Level 3 EVSE's Level Level Within 1 km of Within 10 km # Location2 3 a 400-series of a border highway crossing Municipal Parking Lot# 18 Yes 1 4 1 Yes 4873 Kitchener Street(at Victoria Avenue) (Hwy. 420) MacBain Community Centre Yes 2 4 1 Yes 7150 Montrose Road (at McLeod Road) (Q.E.W.) Falls Parking Lot—Table Rock 3 Welcome Centre 4 1 - Yes 6635 Niagara River Parkway Butterfly Conservatory 4 4 1 - Yes 2565 Niagara River Parkway Municipal Parking Lot#2 5 4 1 - Yes 4601 Erie Avenue (at Park Street) Lt, id"r)tt',.. the Electric Vehicle Chargers Ontario Grant Program Application Summary of Proposed Locations with Level 2 EVSE's Only # Location Level 2 Municipal Parking Lot# 12 6 2 5943 Sylvia Place Scotiabank Convention Centre 7 4 6815 Stanley Avenue Gale Centre 8 2 5152 Thorold Stone Road Legends on the Niagara Golf Course 9 2 9561 Niagara River Parkway Niagara Peninsula Energy Inc. 10 2 7447 Pin Oak Drive Rapidsview Parking Lot 11 2 7639 Niagara River Parkway Whirlpool Golf Course & Restaurant 12 2 3351 Niagara River Parkway Electric Vehicle Chargers Ontario Grant Program Application EVSE Location Proposed Municipal Parking Lot#18 Municipal Address 4873 Kitchener Street, Niagara Falls, Ontario Land Owned By Ministry of Transportation (City of Niagara Falls is a lessee) Latitude & Longitude 43.095680, -79.074121 EVSE's Level 2 2 units with total 4 plugs/connectors Proposed Level 3 1 unit with total 1 plug/connector Site Preparation EVSE purchase and installation, electrical work, concrete base, bollards, signs, line painting Site Improvements Repaving, lighting, security, etc. Total Estimated Cost Google Aerial of Site Location Site Photo .c.toosiolimixo.popim.... ...w.l - -: '*1,-.::: ''''''--:--- - - :' 4. 4''',451;1..k g rs''':2.444TO:i4Y'7,:P:A;',Ii' ,It:4-,t:::.:!:--:`,"4‘7,4.714.,,',.'":". , ' 'axe x 4 U ,* .. i ik f(' 'II` ..4 1 f 4' L� Falls Avenue (formerly Highway 420) — 14,600 vehicles per day Traffic Volumes and 24,100 in the summer Victoria Avenue - 11,700 vehicles per day in the summer Rationale: Commercial parking lot off the end of the 420 highway approximately 800 m from the rainbow bridge Canadian-US border crossing and serves as a primary parking area for the Niagara Falls tourist area supporting 10,000 vehicles annually. This location serves as a parking lot in support of the WEGO People Mover system. TS-2016-08 NiagaraJglls February 9, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: WEGO Advertising Contract Extension RECOMMENDATION 1. That the current Agreement with REV Publishing Inc. be extended for an additional year and, 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY REV Publishing Inc. is the current agency utilizing the WEGO system to generate revenues for the City by selling advertisements within the WEGO fleet on the infotainment monitors, as well as the interior cards displayed above the seating area. In addition to these forms of revenue sources for the City, REV Publishing Inc. distributes several magazines within the hospitality sector, which all feature WEGO transportation advertisements that inform and encourage the reader to utilize the system while enjoying their stay. The City benefits from this relationship both financially, as well as through increased exposure to the visitors through the publications. REV Publications have expressed interest in extending the current Agreement by an additional year and staff are supportive of this initiative. The current agreement will expire February 25, 2016. BACKGROUND The WEGO system relies on its stakeholder partners to assist in marketing the system and the substantial in-kind compensation provided by the relationship with REV Publishing is of significant value. Rev's in-room magazines, including; On The Boulevard Magazine, Today Magazine, Niagara Dining Guide, and the Save-A-Buck Coupon Booklet provide the WEGO system a substantial opportunity to further broadcast its many transportation advantages to all visitors. With additional products to sell its clients, REV can better package media buys, including our Infotainment monitors, which provide a unique medium to promote Niagara Falls businesses and events via video productions shown to the customers on the buses. 2 TS-2016-08 February 9, 2016 ANALYSIS/RATIONALE The initial RFP only generated one proponent; therefore it is recommended that the City take advantage of the one year extension clause in the current contract to the mutual benefit of both parties, REV Publications is in favour of the extension. REV Publications Inc. have demonstrated a level of expertise with the Niagara Falls marketplace and the exceptional marketing opportunity through in-kind publication advertisements is of great value to the continued promotion of the WEGO system. FINANCIAL IMPLICATIONS Revenue from the one year extension will be $15,400 plus value added compensation of a minimum of $120,125 in in-kind compensation advertising the WEGO Transportation system in various publications. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include a safe, accessible, convenient, integrated and fiscally responsible transportation system. ATTACHMENTS Example of in-kind advertising. Recommended by: i S ' \----- ' Karl Dren, Director of Transportation Services Respectfully submitted: 42441." Ken Todd, Chief Administrative Officer DS 4,1? ;:tilt i '''''' ' ' u r?k% ' kxr hTN y*Y. 11 ,,, ,4441111iialisosioiloo..-t,1,:xttr,1.7010i,1 Hti,,..z 7(4,4 t,:....004000.1,- --. if , ,, 'IA. IPO 4 ii, rrr,-,,,,.,, I About WEGO WEGO Routes & Schedules Ride to Fun!This state-of-the-art bus system All bus lines meet at the Table Rock Centre. connects accommodations and tourism This is the main transfer hub between attractions throughout the city of Niagara the Blue, Red, Purple, and Green lines. Falls,the Niagara Parks, and along the Scan the QR code below to see bus Niagara Parkway from the Floral Showcase arrival times. to the Butterfly Conservatory. iii- I yaw --It'' _.....mtio. ike WEGO Fares WEGO Destinations Boarding a WEGO bus is easy! Buy a summer All WEGO buses travel directly to the Falls. Niagara Falls Adventure Pass*, a winter While there,transfer onto buses travelling Niagara Falls Wonder Pass*, a WEGO Pass, use a to all the major attractions throughout the Niagara Falls Transit 30-day pass,or ask your Niagara Parkway, Lundy's Lane,Victoria accommodation host if they take part in the Avenue, Clifton Hill, Fallsview Area, Main "Host Card" program. Exact fares only. and Ferry, and Queen Street. Operators do not provide change. *Includes admissions to Niagara Parks attractions mom,' 7 6 4!, :$ '4` TMx"`�' ��* sF ',: a}> r"`Fa ' a 't .'12? b:i,: a §"t : 4 4 •, �$ • '�'-. �' to p �t � 'Ar.V� ,� A a �; ,�'3�r'"rc.,3` 4 ':v e �'�"�.� h 5 � } �. 1,2: ,��, 1 � `'� 3 �-_ ua > ,fit '� �1 t9 r+F '�` � r�"`� � ',t wr' ,'' s-'.,. ' "fir ' Szc§rk x f in 1 �` ' .1-.01,..,,. x u }t .s y�` q `bt"— ��e ��"i� . .,'�`�`a.-,..r..z e ��. yam ..1. .:. � .�.��" 4r ,. ,... �. . . �r1,i,...,,,-... ,,.„� �-0�''�t., All bus lines meet at the Table Rock Centre. 0,' This is the main transfer hub between For Routes and Schedule information, .8�J'. the Blue, Red Purple and Green lines. kindly visit www.WEGOniagarafalls.com 0 =: �'� Dean Iorfida Subject: FW:WPSN - Request to present to council From: Amanda [mailto:Amanda©wpsn.ca] Sent: Wednesday, February 03, 2016 2:03 PM To: Dean Iorfida Cc: Tia DeAgazio Subject: WPSN - Request to present to council Hello Dean I was hoping to be included in the Tuesday Council meeting and present information about Women's Place's upcoming Strike Out Violence Bowling Tournament. Specifically, I would like to request that council support this event by participating as a team for the event. Could you please let me know what the process is to be considered? Your assistance would be greatly appreciated! Thank you in advance for your time CD Amanda Braet B.A.,CFRE Development Director Women's Place of South Niagara Inc. www.womensplacesn.org PO Box 853, Niagara Falls, ON L2E 6V6 P:905-356-3933 ext. 240 I F:905-356-5522 Get your friends and family together for the Strike Out Violence Bowling Tournament&Auction -Saturday, March 5, 2016. 11746thilit Its quick and easy to support Women's Place. Make an online donation through Canada Helps 1 n 0 3 3 C z n D O z 0 Dean Iorfida From: Carey Campbell Sent: Tuesday, January 26, 2016 1:40 PM To: 'Courtney Rung' Cc: Dean Iorfida; Teresa Fabbro Subject: RE: Proclamation Request for Fresh Air Fund Day Attachments: Niagara Falls, ON Proclamation Language.docx; FAF Day - Procalmation Letter - 2016 - Niagara Falls, ON.DOCX Hello Courtney: Thank you for your email to Mayor Diodati to request a proclamation for Fresh Air Fund Day. I've included our City Clerk, Dean lorfida and Teresa in his office to ensure that this comes before Council for their consideration. Best regards, carey CAR CAMPBFTT Executive Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafalls.ca See more of Mayor Jim at From: Courtney Rung [mailto:crung@freshair.org] Sent: Tuesday, January 26, 2016 12:48 PM To: Jim Diodati Subject: Proclamation Request for Fresh Air Fund Day Dear Mayor Diodati, I am writing on behalf of Tina Mayne to request a proclamation of March 20th, 2016 as "Fresh Air Fund Day" in Niagara Falls. I have attached a letter to request the proclamation and sample language. Please feel free to contact me if you have any questions or need any additional information. Sincerely, Courtney Rung Courtney Runs _,c“c Reiat:ior, cr a' r 1 Proclamation Letter: Dear Mayor Diodati, This year, The Fresh Air Fund looks forward to its 140th summer of serving children. The Fresh Air Fund, an independent not-for-profit agency, has provided free summer experiences to more than 1.8 million New York City children from low-income communities since 1877. Each summer, close to 4,000 children visit volunteer host families in rural, suburban and small town communities along the East Coast from North Carolina to Maine to Southern Canada. The city of Niagara Falls continues to provide a beautiful setting for the hundreds of Fresh Air children who visit each year. We would appreciate your help with reaching out to prospective families who might enjoy hosting Fresh Air Fund children this summer by proclaiming March 20th, 2016 "Fresh Air Fund Day" in Niagara Falls.Your participation will be a great help to the host recruitment efforts of our volunteer leaders in your state. Fresh Air Fund children leave city streets behind and take part in simple summertime fun - running barefoot through the grass, swimming for the first time and gazing at star-filled skies. For many of these children, a free Fresh Air experience is their first time away from the City and host families tell us that they often gain more from the experience than their Fresh Air visitor. With your help, we hope to create these special bonds for more Niagara Falls families and New York City children, through the proclamation of"Fresh Air Fund Day" on March 20th. Attached please find a sample proclamation and background materials for your review. Thank you for your time and consideration. Sincerely, Tina Mayne Fatima Shama Niagara Falls, ON Executive Director 05-984-0290 WHEREAS The Fresh Air Fund provides free summer experiences in the country to more than 7,000 New York City children each summer, and WHEREAS The Fresh Air Fund allows city children to visit the homes of volunteer host families along the East Coast from North Carolina to Maine to Southern Canada, and WHEREAS Niagara Falls families have been participating in The Fresh Air Fund's Friendly Towns Program for over 135 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 140th summer, NOW, THEREFORE BE IT RESOLVED THAT I, Mayor Diodati of the city of Niagara Falls, do hereby proclaim March 20, 2016 to be: "FRESH AIR FUND DAY" in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Dean lorfida City Clerk From: Peggy Boyle Assistant Planner Ext. 4334 Date: January 15, 2016 Re: 2016 Heritage Week Proclamation At the Municipal Heritage Committee meeting on January 13, 2016 the following motion was adopted: That Council is requested to declare the week of February 15-21, as Heritage Week 2016." As part of Heritage Week activities, a Heritage Event entitled "Thinking Back to the Future" is planned for Saturday February 27, 2016 at the Niagara Falls History Museum where various heritage groups and the public will gather for a panel presentation about the history of the Oakes Garden Theatre and Rainbow Gardens, its history, its present and its future! As the Municipal Heritage Committee recognizes the importance of the City's heritage, they welcome this week as a time to share their enthusiasm and excitement with the residents of Niagara Falls and hope to heighten the awareness of the City's heritage through events such as the Heritage Info Event at the Niagara Falls History Museum and would encourage all to attend. A proclamation is to be included in the Council agenda for February 9, 2016. Since 1974, Heritage Canada, a national organization has recognized the third Monday in February as Heritage Day. In 1985, the Ontario government expanded the day to a full week in order to recognize Ontario's rich and diverse heritage. According to the Ontario Heritage Trust, many heritage-based organizations and municipalities have used the Heritage Day and Ontario Heritage Week as a vehicle to stimulate awareness of heritage resources and heritage related issues within their communities. To this end, the Municipal Heritage Committee would ask that Council proclaim the week of February 15-21, 2016 as Heritage Week in the City of Niagara Falls. Punt n PB:mb S:\HISTORY\HERITAGE\WEEK\2016\Memo to Clerk re Proclamation.docx A Great City ... For Generations To Come • City Hall ✓ 4310 Queen Street P.O. Box 1023 Mayor Jim Diodati k"#7 Niagara Falls,ON L2E 6X5 web site: www.niagarafalls.ca (905) 356-7521 Ext. 4201 coy of DA Fax: (905) 374-3557 41443A F""° Jdiodati@niagarafalls.ca PROCCANIAVON Itack5-6P6-,91W the protection, preservation and promotion of our built, natural and cultural heritage is recognized as contributing to the enrichment of the community, the Council of the Corporation of the City of Niagara Falls hereby proclaims February 15- 21 2016 as Heritage Week. 46RW, All citizens are encouraged to celebrate the history and heritage of our community through cultural exchange programs, projects and visits to historic sites, exhibits and commemorative events. You are hereby invited to participate in events that will assist in the enrichment and development of our understanding of the origins and history of our community and create a common identity. OfigicOMV:910(Heritage Week is an opportunity to celebrate our heritage, this year's theme - "Distinctive Destinations: Experience Historic Places" recognizes that Canada is rich in historic sites, special places and events that tell our story and delight visitors from near and far. Our distinctive destinations are as varied as Canadians themselves: Aboriginal Pow Wows, music halls, traditional fishing villages, historic lighthouses, old stone mills, prairie festivals and botanical gardens. Heritage tourism offers adventure, storied history, vibrant culture and stunning landscapes for every age group and interest: from trendy "hoods" to rural farmsteads, kid-friendly forts to sacred landmarks, and country inns to grand hotels. Whether travelling across town or cross-country, Canada's distinctive destinations are definitely worth the trip! jr• , "x7.4. 1 Mayor James M. Diodati & Members of Council February 9, 2016 Dean Iorfida From: Elisabeth Graham <elisabethgraham5@gmail.com> on behalf of Elisabeth Graham <elisabeth.graham@heartlandforest.org> Sent: Wednesday, July 15, 2015 11:38 AM To: Dean Iorfida Subject: Heartland Forest Request Hi Dean, we would like to have HF designated E3 under the NF Animal Bylaw. We have a rescued exotic—Asian Water Monitor—that we would like to exhibit. We are also interested in exhibiting additional rescues. Can you let me know what we need to provide to you to have the designation. Thanks! Elisabeth 1 NIAGARA FALLS HUMANE SOCIETY 6:25 1;+ cava Park` ay Natgar a Fall,, Ontarc L2.3 0E4 ';,-44,4 '73% 3C53 6-'35`? cr73.,3ted Acnl January 12, 2016 Dean [orfida City Clerk City of Niagara Falls, ON Dean, On Monday January 11,2016, 1 met with Elisabeth Graham, Executive Director of Heartland Forest and their care team at 8215 Heartland Forest Road Niagara Falls. They wish to permanently display an Asian Water Monitor(non-venomous lizard)at their Nature Centre. After discussing the care requirements, viewing the housing and the lizard, as well as suggesting future contingencies, I am comfortable with the permanent display of the lizard at this location. Thank you, Jay DesRoches Executive Director Niagara Falls Humane Society { This is a new one for me. I would assume the City of Niagara Falls will have a table at our gala. Is going through the Mayor's Office the correct process? Thanks Kim First off, thank you for your past and present support of OneFoundation, you are truly part of the success story we continue to write. You are one of the first to receive our sponsorship package for Springtime In Paris, Saturday March 5th, 2016 at Sheraton on the Falls. Due to the extensive needs across the Niagara Health System, we will be raising funds for surgical departments across all sites. We hope to count on Niagara Falls City Council for their support in this effort. If you have any questions, please connect with me directly. Thank you for your consideration, have a wonderful weekend! Kim *Note, I will be away from Nov 7th-15`h Save the Date Spring time in Paris Gala/14arch 5th, 2016/Sheraton on the Fat Kim Rossi, Major Gifts Officer ONE DAN119 $" For Niagara Health System num St. Catharines Office 11200 Fourth Ave, St. Catharines, ON L2S 0A9 Main: 905-323-FUND (3863)1 Direct: 905-684-7271 x45270 I Cell: 289-969-8342 Kirn.Rossi@niagarahealth.on.ca http_/Lonefoundationfornhs.com/Home.aspx Thank you for making us your Charity of Choice for Niagara CONFIDENTIALITY NOTICE: This electronic communication and attached material is intended for the use of the individual or institution to which it is addressed and may not be distributed, copied or disclosed to any unauthorized persons. This communication may contain confidential or personal information that may be subject to the provisions of the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act. If you have received this communication in error, please return this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you for your co-operation and assistance. CONFIDENTIALITY NOTICE: This electronic communication and attached material is intended for the use of the individual or institution to which it is addressed and may not be distributed, copied or disclosed to any unauthorized persons. This communication may contain confidential or personal information that may be subject to the provisions of the Freedom of Information and Protection of Privacy Act or the Personal Health 2 2/5/2016 Springtime in Paris Gala-Springtime in Paris Gala ONEFOUNDAT1ON 'or NlayMa Health Syirerri Home I Manage Guest List I Contant Us I V view Cart .� > * _ R� y1J dS.o, *! way v t. in r Bien-venue Mesc{arnes et Messieurs! c. BUYTICKETS iiiitkI SPONSORSHIP as sac init., the s DOG em:op to the v df_.tats sn the narks rt_a Seine and loin os for the iiV. Springtime in Paris Gala.Spend an evening ceieorating the i;ncric cit}that tree peooie the itvorld over Nit rs r'mar a!'., charms Dua t miss _ this s'aii- an' =r to _s. DONA! E NOW a theP -ea o Niagara ` alth S js em's Surgical Program iiii 5 f-"T �p gtI"2 r 3riS Gate`NII hat provides s m . eal services to es,dents coerce `i aaara Snrgica: Suites are located at the Greater `''- Niagara General i^iiagara =alha).St.'..athannes and Dela ld Sites dr the NHS. 0 EVENT INFO JVhen: `,I Where' S o ..[-'e 3iis '6.--1'', ,..i =sii: program .0,,, - ::,-;,::.,in urmet ,. aster C Entertainment 'rr:v de,.By r yr lti� _ r � r t9�* https://ofnhs.akarai si n.com/C om m on/Event/H om e.aspx?sei d=11310&m i d=8 1/2 I,. CITY OF. .CANADA -NIAGARA FAi The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Niagara Falls Sportsplex is hosting their annual Golf Show (the "event") on the weekend of February 27-28, 2016; and WHEREAS the event will have sixty (60) vendors from Ontario, Western NY, Pennsylvania, Michigan and Ohio; and WHEREAS due to the venue and the fact that the permit holder is neither a charity or not-for- profit organization, to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and WHEREAS the event is significant in that it will bring in attendees from throughout the Niagara Region, Southern Ontario and border States to our community. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Golf Show at the Niagara Sportsplex as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OFaiadjaii. ADA NIAGARA FAi THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways (Part 2 — 60 km/h)) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 - 60 KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED(KM/H) Kalar Road A point 350 metres north of Thorold Stone Road and 60 Mount Carmel Boulevard (b) by adding to the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 - 60 KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED(KM/H) Kalar Road A point 500 metres north of Thorold Stone Road and 60 Mount Carmel Boulevard This By-law shall come into force when the appropriate signs are installed. Passed this ninth day of February, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9,2016 Second Reading: February 9,2016 Third Reading: February 9,2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of an Extension Agreement with Elizabeth Fraser Beam and John William Beam respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 An agreement made between Elizabeth Fraser Beam and John William Beam, and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 6219 Johnson Drive, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this 9th day of February, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2016 Second Reading: February 9, 2016 Third Reading: February 9, 2016 EXTENSION AGREEMENT THIS AGREEMENT made this 9th day of February, 2016. BETWEEN: The Corporation of the City of Niagara Falls (Hereinafter called the '`Corporation") OF THE FIRST PART; - and - Elizabeth Fraser Beam John William Beam (Hereinafter called the "Owner") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the City of Niagara Falls Described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 31st day of December, 2014 in the amount of $11,955.27 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 20th day of February 2015 in respect of the Owner's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by-law authorize an extension agreement with the Owner of the land, in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub- section 379(1) of the Municipal Act, 2001; AND WHEREAS the execution of this agreement was authorized by by-law 2016- of the City of Niagara Falls; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to October 1, 2016 the payment period for the cancellation price payable in respect of the land. 2. The Owner will make payments to the Corporation in accordance with Schedule B" attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the land as they become due and payable during the term of this Agreement; and b. not later than 14 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001 as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs. 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner and any other person may at any time pay the balance of the cancellation price upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. If any paragraph or part of paragraphs in this Agreement is determined by a court or tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: Elizabeth Fraser Beam 6219 Johnson Drive Niagara Falls ON L2J 3J6 and John William Beam 8894 Montrose Road Niagara Falls ON LE 6S5 IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean Iorfida, City Clerk Signed at The City of Niagara Falls this 9th day of February, 2016. Witness zabeth Eras r-B-ear rrWilliam Beam Schedule "A" DESCRIPTION OF THE LAND: LEGAL DESCRIPTION PNS 15 Lot 198 Roll Number Property Location 2725 040 002 23500 0000 6219 Johnson Drive Niagara Falls, ON L2J 3J6 Schedule "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $4,000.00 - February 9, 2016 $500,00 —per month starting March 16, 2016 through to September 16, 2016 Balance in Full — October 1, 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of a Multi-Year Governance Agreement for Joint Procurements Facilitated by Metrolinx. WHEREAS Niagara Falls City Council approved report TS-2016-04, Transit Specialized Bus Purchase; and WHEREAS an execution by-law or Council resolution is required as part of the agreement. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The 2013-2018 (the "Governance Agreement") for the purpose of purchasing certain transit system vehicles, equipment, technology, facilities and related supplies and services on an exclusive basis from suppliers selected pursuant to public procurement processes facilitated by Metrolinx, on terms and conditions set out in the relevant procurement documents and in the Governance Agreement between, among others, Metrolinx and the Corporation of the City of Niagara Falls be approved. 2. That the City Clerk be hereby authorized to execute the Schedule 'F' confirmation agreement. 3. That Niagara Falls City Council authorizes the Manager of Transit Fleet & Facility as a Steering Committee member to perform any action, and provide any required recommendations, instructions and approvals to complete the procurements within the scope of the Governance Agreement, to appoint Alternate Members to the Steering Committee to perform the above in their absence, and to exercise the Council's rights of early termination in accordance with Section 9.6 (Termination Without Cause by a Purchaser) of the Governance Agreement. Passed this ninth day of February, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2016 Second Reading: February 9, 2016. Third Reading: February 9, 2016. EXECUTED VERSION MULTI-YEAR GOVERNANCE AGREEMENT FOR JOINT TRANSIT PROCUREMENTS FACILITATED BY METROLINX, 2013-2018 December 1, 2013 TABLE OF CONTENTS ARTICLE I: INTERPRETATION 6 1.1 Definitions 6 1.2 Schedules and Order of Priority 6 1.3 Entire Agreement 6 1.4 Governing Laws and Agreement 7 1.5 Severability 7 1.6 No Partnership, Joint Venture or Corporation 7 1.7 Members of Council, Officers, Agents, etc. 7 1.8 No Fiduciary Duties 7 1.9 Number and Gender 7 ARTICLE II: PRINCIPLES OF JOINT PROCUREMENTS 7 2.1 Key Principles 7 ARTICLE III: STEERING COMMITTEES 9 3.1 Steering Committee Membership 9 3.2 Council By-Law, Resolution 9 3.3 Votes 9 3.4 Quorum 9 3.5 Decisions of a Steering Committee 9 3.6 Sub-committees 10 3.7 Binding Decisions 10 3.8 Regular Meetings 10 3.9 Special Meetings 10 3.10 Location of meetings 11 3.11 Responsibilities of Steering Committee 11 3.12 Responsibilities of Steering Committee Chair 11 ARTICLE IV: PROCUREMENT APPROACH AND TERM 12 4.1 Technical Specification and/or Scope of Work 12 4.2 Procurement Process 12 4.3 Supplier 12 4.4 Master Agreement 12 4.5 Purchase Agreement with Supplier 13 4.6 Timing 13 4.7 Issuance of Procurements 14 4.8 Award of a Master Agreement 14 4.9 Participation Fees 15 4.10 Term of this Agreement 15 4.11 Option Years 15 ARTICLE V: ROLES AND RESPONSIBILITIES OF METROLINX 16 5.1 Roles and Responsibilities of Metrolinx 16 5.2 Representations and Warranties of Metrolinx 17 5.3 No Metrolinx Liability 17 2 ARTICLE VI: PURCHASERS 18 6.1 Steps Required to Become a Purchaser 18 6.2 Representations and Warranties of Purchaser 19 6.3 Addition of Purchasers to this Agreement 20 ARTICLE VII: CONFIDENTIALITY 20 7.1 Confidential Information 20 ARTICLE VIII: CONFLICT OF INTEREST 24 8.1 No Conflict of Interest 24 8.2 Conflict of Interest and the Receipt of Confidential Information 24 8.3 Reporting a Conflict of Interest 24 ARTICLE IX: DEFAULT, ENFORCEMENT AND TERMINATION 25 9.1 Event of Default 25 9.2 Metrolinx Remedies for Event of Default by Purchaser 25 9.3 Purchaser Remedies for Event of Default by Metrolinx 25 9.4 Termination Without Cause by Metrolinx 26 9.5 Effect of Termination Without Cause by Metrolinx 26 9.6 Termination Without Cause by a Purchaser 26 9.7 Purchaser Obligations after Award of Master Agreement 26 9.8 Obligations Survive 27 ARTICLE X: DISPUTE RESOLUTION 27 10.1 Legal Remedies for Disputes 27 10.2 Dispute Notice 27 10.3 Three-Tiered Dispute Resolution 27 10.4 Performance to Continue 28 10.5 Dispute Cost 28 10.6 Disputes Between the Purchasers and the Supplier 29 ARTICLE XI: MISCELLANEOUS 29 11.1 Address for Notices 29 11.2 No Waiver 29 11.3 Force Majeure 29 11.4 Remedies Cumulative 30 11.5 Survival 30 11.6 Amendment 30 11.7 No Assignment 30 11.8 Further Action 31 11.9 Enurement 31 11.10 Time of the Essence 31 11.11 Counterparts 31 Schedule Description of Schedules A Definitions B Communications Policy 3 C Sample Terms of Reference D Purchaser Information E Sample Council/Board/Commission By-Law/Resolution F Confirmation Agreement MULTI-YEAR GOVERNANCE AGREEMENT (the "Agreement") FOR JOINT TRANSIT PROCUREMENTS FACILITATED BY METROLINX, 2013-2018 THIS AGREEMENT is effective as of the 1st day of December, 2013 (the "Effective Date"). AMONG: METROLINX - AND - THE CORPORATION OF THE CITY OF BARRIE -AND - THE CORPORATION OF THE CITY OF BURLINGTON -AND - THE CORPORATION OF THE TOWN OF COLLINGWOOD -AND - THE CORPORATION OF THE CITY OF CORNWALL -AND - THE REGIONAL MUNICIPALITY OF DURHAM - AND — THE CORPORATION OF THE CITY OF ELLIOT LAKE - AND— CITY OF HAMILTON -AND— HANDI-TRANSIT WINDSOR -AND- THE CORPORATION OF THE CITY OF KENORA 4 -AND— THE CORPORATION OF THE CITY OF KINGSTON -AND— LONDON TRANSIT COMMISSION - AND — THE CORPORATION OF THE TOWN MILTON - AND — THE CORPORATION OF THE CITY NORTH BAY - AND — THE CORPORATION OF THE TOWN OF OAKVILLE -AND — THE CORPORATION OF THE CITY OF SARNIA -AND — ST.CATHARINES TRANSIT COMMISSION -AND— THE CORPORATION OF THE CITY OF WELLAND - AND— TRANSIT WINDSOR -AND — SUCH OTHER PURCHASERS AS MAY BE ADDED FROM TIME TO TIME IN ACCORDANCE WITH THE AGREEMENT WHEREAS Metrolinx has a mandate to act as the central procurement agency for local transit systems across Ontario; AND WHEREAS Metrolinx has worked with the transit service providers of various Ontario municipalities to facilitate joint procurements of transit system vehicles, equipment, technology, facilities and related supplies and services; 5 AND WHEREAS Metrolinx and the parties to this Agreement identified above (each, a "Party" and collectively, the "Parties") recognize the value of the joint procurement process in consolidating municipal orders to achieve economies of scale and reducing time and costs associated with the public procurement process by standardizing the Procurement Documents, thereby allowing transit systems to focus on core competencies; AND WHEREAS the Parties now wish to enter into a Multi-Year Governance Agreement to govern the various joint procurements to be facilitated by Metrolinx during the five year period beginning December 1, 2013 and ending December 1, 2018; NOW THEREFORE in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by both Parties, the Parties hereby covenant and agree with each other as follows: ARTICLE I: INTERPRETATION 1.1 Definitions In this Agreement, unless the context otherwise requires, each capitalized term shall have the meaning attributed thereto in Schedule A. 1.2 Schedules and Order of Priority The following are the schedules attached to and forming part of this Agreement: Schedule Description of Schedules A Definitions B Communications Policy C Sample Terms of Reference D Purchaser Information E Sample Council/Board/Commission By-Law/Resolution F Confirmation Agreement In the event of any conflict between the provisions of this Agreement and its Schedules, the provisions of this Agreement shall take precedence over the Schedules. 1.3 Entire Agreement This Agreement shall constitute the entire Agreement and understanding between the Parties relating to the matters dealt with and supersedes all prior understandings, discussions, negotiations, commitments, representations, warranties and agreements, written or oral, express or implied, existing between the Parties at the Effective Date with respect to the subject of this Agreement. None of the Parties shall be bound by any definition, condition, warranty or representation other than as expressly stated in this Agreement or as mandated by federal or provincial law. 6 1.4 Governing Laws and Agreement This Agreement shall be governed by, and be construed and interpreted in accordance with, the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. 1.5 Severability If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall attach only to such provision, which shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect. Provided that the context allows, the remaining provisions shall be interpreted in the same way as they would have been had the severance not taken place. 1.6 No Partnership, Joint Venture or Corporation The execution of this Agreement and the other arrangements with respect to the joint Procurements are not intended to create, and shall not be treated as having created, a general or limited partnership,joint venture, or corporation. No Party shall be liable for the acts, either of omission or commission, of any other Party to this Agreement. 1.7 Members of Council, Officers, Agents, etc. Each Purchaser and its members of commissions, council, directors, officers, agents, contractors and employees are not, nor are they deemed to be, officers, agents, employees or officials of Metrolinx. 1.8 No Fiduciary Duties Metrolinx shall not by reason of this Agreement or any of the discussions leading to or in connection with this Agreement have a fiduciary or trust relationship with the Purchasers or any other person, or any other obligation other than as specifically stated in this Agreement. 1.9 Number and Gender In this Agreement words in the singular include the plural and vice-versa and words in one gender include all genders. ARTICLE II: PRINCIPLES OF JOINT PROCUREMENTS 2.1 Key Principles This Agreement shall be guided by the following key principles: a. Metrolinx shall comply with any Procurement Policies which it is required to follow when issuing any joint Procurement whereby proposals will be evaluated. 7 b. Metrolinx will facilitate the joint Procurement of certain transit system vehicles, equipment, technology, facilities and related supplies and services on behalf of the Purchasers. c. Metrolinx shall work with a Steering Committee in undertaking each joint Procurement and shall prepare, in consultation with such Steering Committee, Terms of Reference setting out the specific terms applicable to the Procurement, substantially in the form attached hereto as Schedule C (Sample Terms of Reference); d. The Terms of Reference shall be acknowledged in writing by the Steering Committee members representing those Purchasers that intend to participate in the particular Procurement, and shall form the basis for the draft Master Agreement to be included in the Procurement Documents for that Procurement; e. Participation by Purchasers in any joint Procurement is voluntary up to five (5) Business Days following the Steering Committee's recommendations that Metrolinx enter into a Master Agreement with the successful Proponent, pursuant to Section 4.8 (Award of a Master Agreement). f. Ownership of any Goods and/or Services to be procured and legal obligations related to any joint Procurement shall reside exclusively with the respective Purchasers, each of whom shall enter into a separate Purchase Agreement with the successful Proponent. g. The term of any Master Agreement, including any additional option years exercisable at the discretion of the Purchasers ("Option Years"), if applicable, shall be determined by the Parties and set out in the Terms of Reference, the Master Agreement and the Purchase Agreements for the particular Procurement. h. Subject to Section 4.2 (Procurement Process), the decision on whether or not to exercise the right to extend a Master Agreement for any Option Years, and to the extent any Option Year is exercised, the quantity of Goods and/or Services to be purchased, rests exclusively with each of the respective Purchasers. i. Purchasers may be required to pay a participation fee in order to participate as a Purchaser in certain joint Procurements (the "Participation Fee"). The details of any applicable Participation Fee, including the payment process, shall be set out in advance in the Terms of Reference, the Master Agreement and the Purchase Agreement, as applicable, for the particular Procurement. The Parties acknowledge that under Metrolinx's current policy for the fiscal year period 2011-2016, Metrolinx does not intend to charge a Participation Fee in connection with the joint procurement of 8-metre, 9-metre, 12-metre and 18-metre transit buses. Metrolinx's policy with respect to Participation Fees is subject to change at Metrolinx's sole discretion. j. Metrolinx and the Purchasers will cooperate fully on all aspects of the joint Procurements including timely sharing of information and on-going two-way communication to promote informed decision making and budgeting. 8 ARTICLE III: STEERING COMMITTEES 3.1 Steering Committee Membership For each Procurement intended to be issued by Metrolinx pursuant to Section 3.5 (Decisions of a Steering Committee), there shall be a Steering Committee comprised of one representative from each of Metrolinx (the "Metrolinx Member"), GO Transit (provided that GO Transit is participating as a Purchaser in the particular Procurement), and one representative from each other Purchaser that intends to participate in that Procurement and has acknowledged the Terms of Reference as described in Section 2.1(d). For each Steering Committee, Metrolinx, GO Transit (as applicable), and each Purchaser may also appoint one Alternate Member, who can act on the Member's behalf in the Member's absence at Steering Committee meetings. 3.2 Council By-Law, Resolution The appointment of the Member and the Alternate Member by a Purchaser shall be confirmed by a by-law or resolution of the municipal council, commission, or board (as applicable) in a form consistent with Schedule E (Sample Council/Board/Commission By- Law/Resolution). The appointments shall refer to positions rather than specific individuals. 3.3 Votes Save and except for the Metrolinx Member, each Purchaser participating in a Procurement and GO Transit (as applicable) shall, through their Member, have one vote on the Steering Committee for that particular Procurement. For greater certainty and consistent with its role as facilitator, the Metrolinx Member shall have no vote on any Steering Committee. 3.4 Quorum Unless otherwise provided in this Agreement, a quorum for the transaction of business at any meeting of a Steering Committee shall consist of at least two-thirds of the total number of the Steering Committee Members eligible to vote. Members may be present either in person or by means of such telephone, electronic and other communication facilities as permit all Members participating in the meeting to communicate with each other simultaneously and instantaneously. Wherever possible, the Steering Committee shall convene a meeting to conduct its business; however, in the absence of a meeting, the Steering Committee shall be authorized to make decisions and transact business with the unanimous written consent of all Steering Committee Members eligible to vote, which consent may be provided in the form of e-mail confirmation ("Unanimous Written Consent"). 3.5 Decisions of a Steering Committee The following decisions of a Steering Committee require the concurrence of at least three- quarters (3/4) of the Steering Committee Members participating in a meeting and eligible to vote: In the absence of a meeting, the following decisions will require the Unanimous Written Consent (as defined in Section 3.4 (Quorum)) of the Steering Committee Members eligible to vote: a. recommending to Metrolinx the issuance of any Procurement; 9 b. recommending to Metrolinx the selection of a successful Proponent under any Procurement issued pursuant to this Section 3.5 (Decisions of a Steering Committee); c. recommending to Metrolinx any amendments to a Master Agreement; and d. determining whether any Party is in default for the purposes of Section 9.2 (Metrolinx Remedies for Event of Default by Purchaser) or 9.3 (Purchaser Remedies for Event of Default by Metrolinx). Where a Steering Committee exercises its authority under Section 9.2 (Metrolinx Remedies for Event of Default by Purchaser), the Party whose Default status is being determined may participate in the discussion but may not vote in the decision. All other decisions of a Steering Committee require the concurrence of a simple majority (greater than fifty (50)%) of the Steering Committee Members present at a meeting and eligible to vote, or the Unanimous Written Consent of the Steering Committee Members. Subject to its rights or other obligations as set out in this Agreement and any other agreement, law, policy, rule, directive or other requirement or provincial direction to which it may be bound or subject, Metrolinx shall either act in accordance with the decisions of the Steering Committee or not at all. 3.6 Sub-committees Each Steering Committee will establish sub-committees, as needed, which will include one representative from each Purchaser wishing to participate on such sub-committees, GO Transit, to the extent that it is a Purchaser in the particular Procurement and elects to participate on such sub-committees, and one representative from Metrolinx. When establishing sub-committees, a Steering Committee will establish the procedures, including quorum requirements and voting rights for the sub-committee. 3.7 Binding Decisions All Steering Committee decisions must comply with the terms of this Agreement, the Procurement Documents and the Master Agreement related to the particular Procurement. Steering Committee decisions are final and binding on all Purchasers. 3.8 Regular Meetings Each Steering Committee shall meet at least annually and may meet more often where the Chair of such Steering Committee notifies the Parties in writing of any special meeting required in accordance with Section 3.9 (Special Meetings). 3.9 Special Meetings Metrolinx alone or any two (2) Steering Committee Members can, with at least five (5) Business Days prior written notice to the Chair and to the other Steering Committee Members, require a special meeting of the Steering Committee. The written notice shall specify the issue to be considered at the special meeting and shall include an agenda. 10 3.10 Location of meetings Unless a Steering Committee decides otherwise, all meetings of a Steering Committee shall be held either at a location determined by Metrolinx or via teleconference. 3.11 Responsibilities of Steering Committee In addition to the other responsibilities provided for in this Agreement, each Steering Committee shall: a. acknowledge the Terms of Reference of the relevant Procurement; b. approve the appointment of a Chair; c. approve the Technical Specifications and/or Scope of Work applicable to the Procurement; d. recommend the terms and conditions of the relevant Procurement, including the proposed Supplier agreements forming a part of the Procurement; e. recommend the issuance of a Procurement pursuant to Section 3.5 (Decisions of a Steering Committee); f. subject to Section 4.8 (Award of a Master Agreement), recommend that Metrolinx enter into a Master Agreement that sets out the terms and conditions of the Procurement with the successful Proponent, as well as any amendments to such Master Agreement; g. subject to the terms of this Agreement, establish rules and procedures regarding its meetings; h. approve the implementation schedule for each Procurement; and i. be responsible for any other matter required to be approved by the Steering Committee in order to carry out the intent and purpose of this Agreement. 3.12 Responsibilities of Steering Committee Chair The responsibilities of a Steering Committee Chair include: a. except for special meetings called in accordance with Section 3.9 (Special Meetings), establishing and distributing the agenda at least five (5) Business Days prior to each meeting; b. presiding over each meeting including special meetings; and c. arranging for the recording, distribution and storing of the minutes of such meetings. 11 ARTICLE IV: PROCUREMENT APPROACH AND TERM 4.1 Technical Specification and/or Scope of Work Metrolinx shall, in consultation with the Steering Committee develop the Technical Specifications and/or the Scope of Work for each Procurement. An overview of the Technical Specifications and/or the Scope of Work, shall be set out in the Terms of Reference, with more specific detail to be provided in the Procurement Documents. 4.2 Procurement Process Subject to this Agreement, the specific terms of the Procurement and the Master Agreement, each Procurement is intended to identify a Supplier as the exclusive Supplier of Goods and/or Services for the term of the relevant Master Agreement for Purchasers who do not elect to terminate their participation in the Procurement pursuant to Section 9.6 (Termination Without Cause by a Purchaser). The option to extend for any of the Option Years, if applicable, will be at the sole discretion of the Purchasers, each of whom shall have the right to exercise the Option Years or not in accordance with the relevant Master Agreement and their Purchase Agreement with the Supplier("Purchase Agreement"). Upon exercise of an Option Year by any Purchaser under section 4.11 (Option Years), the Supplier will be the exclusive Supplier of the Goods and/or Services to such Purchaser during the relevant Option Years in accordance with the terms of the relevant Master Agreement and Purchase Agreement. For the avoidance of doubt, if a Purchaser does not elect to exercise an Option Year in accordance with Section 4.11 (Option Years), the Purchaser shall no longer be considered a Purchaser or qualify for addition as an Eligible Purchaser for that particular Procurement. 4.3 Supplier A Supplier procured pursuant to a Procurement shall: a. be given an exclusive contract for the term of the particular Procurement; therefore, Purchasers that plan to procure Goods and/or Services during the term of the Procurement and that have not withdrawn from the Procurement or this Agreement in accordance with Section 9.6 (Termination Without Cause by a Purchaser) must purchase Goods and/or Services from the successful Supplier on an exclusive basis; b. not be contractually guaranteed the purchase of any particular quantity of Goods and/or Services under the relevant Master Agreement; and c. be advised by the Purchasers of their respective orders for Goods and/or Services upon approval of funding from their respective municipal councils or board of directors, as the case may be, on or around March 31 of each year of the term of the Procurement and, where applicable, the Option Years, to facilitate delivery of the Goods and/or Services in the relevant year. 4.4 Master Agreement On the recommendation of the Steering Committee in accordance with Section 4.8 (Award of Master Agreement) and in compliance with Section 1.4 (Governing Laws and Agreement) and any Procurement Policies required to be followed by it, Metrolinx may sign a Master 12 Agreement with the successful Proponent for each completed Procurement that will establish the Supplier for each Master Agreement. Notwithstanding the foregoing, as the issuer of the Procurements and signatory to the Master Agreements, Metrolinx retains final discretion on whether or not to execute any Master Agreement. Each Master Agreement will specify the terms and conditions of the relevant Procurement and pricing for the Goods and/or Services (including any additional Options that may be selected by Purchasers) to be procured. General terms and conditions that apply to all Purchasers participating in the Procurement will be contained in each Master Agreement. If a Participation Fee applies to the particular Procurement, the Master Agreement will include a description of the Participation Fee, which the Supplier will be required to collect from the Purchaser and remit to Metrolinx on account of the services provided by Metrolinx for the Procurement. 4.5 Purchase Agreement with Supplier Subject to the Master Agreement, each Purchaser will enter into a Purchase Agreement directly with the Supplier that will provide details related to their purchase of Goods and/or Services, including any Options selected by that particular Purchaser, pricing details, and any other appropriate terms and conditions consistent with the terms of the relevant Master Agreement. If a Participation Fee applies to the particular Procurement, the Purchase Agreement may include terms authorizing the Supplier to include the applicable Participation Fee in the invoice issued to the Purchaser for the purchase of certain goods or services, and the Supplier shall remit the Participation Fee to Metrolinx in accordance with the terms of the Master Agreement. In the event that the Supplier fails or refuses to pay this amount to Metrolinx, the Purchaser(s) will be authorized to set off this amount from any payments otherwise due to the Supplier under the Purchase Agreement, and required to remit this amount to Metrolinx directly. Pursuant to the terms of the Master Agreement with the Supplier, the Supplier shall be responsible for providing a copy of the executed Purchase Agreement to the Project Officer assigned to that Procurement for review. The Project Officer will review each Purchase Agreement to ensure it is consistent with the relevant Master Agreement. Should it be found to be inconsistent, the Project Officer will report the inconsistency to Metrolinx and the Steering Committee for that Procurement. If the Master Agreement for the particular Procurement provides for any Option Years, prior to exercising any such Option Year, the Purchaser must (a) provide notice to Metrolinx of the intention to exercise an Option Year in accordance with the terms set out in the Master Agreement, and (b) the Purchaser and the Supplier must extend the existing Purchase Agreement or enter into a new Purchase Agreement for the duration of the Option Year(s). For the avoidance of doubt, any new Purchase Agreement in respect of an Option Year is subject to review by the Project Officer as set out above in this Section 4.5 (Purchase Agreement with Supplier). 4.6 Timing The estimated timelines for each Procurement shall be set out in the Terms of Reference and the Master Agreement. All timelines shall be considered estimates only and are subject to change by Metrolinx, in its sole discretion, acting reasonably. 13 4.7 Issuance of Procurements Metrolinx shall conduct the Procurements in accordance with this Agreement, any Procurement Policies that Metrolinx is required to follow, and the Requirements of Law. The Procurements may take different forms, including but not limited to requests for quotations, public tenders and requests for proposals. The Procurement shall include: a. an open advertisement through a public, industry-accepted electronic tendering system used to connect suppliers of goods and services to people who purchase on behalf of governments and public sector organizations, such as MERX TM (the "Public Procurement Portal"); b. a posting of Proponent questions and answers through addenda on the Public Procurement Portal; and c. an evaluation process, as described in the Terms of Reference. If applicable, Metrolinx shall alone and in its sole and absolute discretion, procure, retain and provide funding for the services of an independent fairness commissioner. The fairness commissioner will be a third party observer who provides independent confirmation that the Procurement is open, fair and transparent and complies with the terms and conditions of this Agreement, any Procurement Policies that Metrolinx is required to follow, and the Requirements of Law. The cost of the joint Procurement process shall be borne by Metrolinx; provided however, that Metrolinx shall not be responsible for any costs incurred by any Purchaser relating to such process including without limitation those of a Purchaser who elects not to participate under Section 9.6 (Termination Without Cause by a Purchaser). 4.8 Award of a Master Agreement a. Each Steering Committee may recommend that Metrolinx award a Master Agreement to the qualified Proponent that achieves the highest total score in the tender evaluation process, in accordance with Section 3.5 (Decisions of a Steering Committee). b. Notwithstanding this Section 4.8 (Award of a Master Agreement), each Steering Committee reserves the right not to recommend awarding a Master Agreement to any Proponent if, in the view of three-quarters (3/4) or more of Steering Committee Members eligible to vote, no proposal is acceptable based on the terms and conditions of the particular Procurement. If at least three-quarters (3/4) of the Steering Committee Members eligible to vote agree that no proposal is acceptable, they may agree to recommend to Metrolinx that the Procurement be cancelled and each Purchaser shall thereafter be free to independently obtain the Goods and/or Services which were the subject of the Procurement, subject to the survival of and the Purchasers' continued compliance with the specific terms of this Agreement, including without limitation the provisions related to confidentiality (Article VII: Confidentiality) and conflict of interest (Article VIII: Conflict of Interest). c. Following a Steering Committee's recommendation to Metrolinx to award a Master Agreement and in accordance with Section 9.6 (Termination Without Cause by a 14 Purchaser), Purchasers shall have five (5) Business Days following the Steering Committee's recommendation to decide whether they will participate in the particular Procurement. If a Purchaser decides not to participate in a particular Procurement within these five (5) Business Days and gives written notice to that effect in accordance with Section 9.6 (Termination Without Cause by Purchaser), it shall (i) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, and (iii) in accordance with Section 8.2 (Conflict of Interest), shall not be entitled to contract with the Supplier for the purchase of Goods and/or Services which were the subject matter of the particular Procurement, during the term of the relevant Master Agreement. d. Following the five (5) Business Days during which Purchasers may decide whether to participate in a particular Procurement (as described in subparagraph (c) above), Metrolinx shall wait at least three (3) Business Days before executing the Master Agreement and notifying the successful Supplier. e. Metrolinx's execution of a Master Agreement is subject to Metrolinx's rights under Section 4.4 (Master Agreement). 4.9 Participation Fees If a Participation Fee applies to a particular Procurement, the details of the Participation Fee shall be set out in the Terms of Reference and incorporated into the relevant Master Agreement and Purchase Agreements. 4.10 Term of this Agreement Subject to any extension or termination of this Agreement pursuant to the provisions herein, or the survival of any of the obligations of this Agreement as provided herein, this Agreement for the purposes of facilitating joint Procurements shall be effective as of the Effective Date and shall expire on December 1, 2018 (the "Expiration Date", and the five (5) year period of time from the Effective Date up to and including the Expiration Date, the "Term"); provided that, if Metrolinx enters into any Master Agreement during the Term that is extended beyond the Expiration Date (including, for example, as a result of the exercise of an Option Year), this Agreement shall automatically extend until the expiration of such Master Agreement. 4.11 Option Years In the event a Master Agreement and Purchase Agreement for a particular Procurement allow for the exercise of Option Years by the Purchaser, the details of such Option Years, including the process by which Purchasers must provide notice in writing to Metrolinx of its intention to exercise any Option Year, shall be described in the Terms of Reference and incorporated into the Master Agreement of the applicable Procurement. As described in Section 4.5 (Purchase Agreement with Supplier), Purchasers are required to (a) provide notice to Metrolinx of the intention to exercise an Option Year in accordance with the terms set out in the Master Agreement, and (b) the Purchaser and the Supplier must extend the existing Purchase Agreement or enter into a new Purchase Agreement for the duration of the Option Year. Notwithstanding anything in this Agreement to the contrary, in the event 15 that no Purchaser notifies Metrolinx of its intention to exercise the Option Years under a Master Agreement, that Master Agreement shall be deemed to be at an end and shall expire at the completion of its stated term, unless the Steering Committee advises Metrolinx otherwise. ARTICLE V: ROLES AND RESPONSIBILITIES OF METROLINX 5.1 Roles and Responsibilities of Metrolinx Metrolinx shall have the following roles and responsibilities in addition to those referred to elsewhere in this Agreement: a. Metrolinx shall facilitate all aspects of each Procurement including without limitation, issuance, proposal evaluation and award and shall, through the Project Officer, administer the provisions contained in a Master Agreement on behalf of the Parties. b. Metrolinx shall appoint and fund a Manager for each Procurement. c. The Manager may attend and participate in any of the activities carried out in relation to the joint Procurement, including any meetings of a Steering Committee and/or sub-committee(s) established by a Steering Committee. d. Metrolinx shall: i. work with each Steering Committee to coordinate the: development of the Terms of Reference for each Procurement; II. development of common Technical Specifications and/or Scope of Work; and III. development of each Master Agreement and Purchase Agreement; ii. assist in the consolidation of orders for Goods and/or Services on behalf of the Purchasers; and iii. be responsible for notifying the respective Steering Committee and the Supplier if other transit service providers wish to participate in the Procurement by becoming Purchasers. At such time, Metrolinx shall contact the Supplier to determine if there is sufficient capacity to accommodate additional orders for Goods and/or Services on the basis of the existing terms and conditions of the Master Agreement. e. Metrolinx shall review any proposed public communications prepared by a Purchaser and submitted to the Parties in accordance with Schedule B (Communications Policy) to ensure consistency with the Communications Policy set out in Schedule B (Communications Policy). f. Except through GO Transit's participation in the Procurement, Metrolinx shall not otherwise: 16 i. evaluate proposals, except for determining a Proponent's compliance with the mandatory requirements set out in the Procurement Documents; ii. mediate disputes between the Purchaser and the Supplier following the execution by a Purchaser of a Purchase Agreement; or iii. pay or otherwise be responsible for any amounts for any Goods and/or Services as may be set out in any Purchaser's Purchase Agreement from time to time with the Supplier. g. Notwithstanding anything in this Agreement to the contrary, any payment or funding obligation made by Metrolinx under this Agreement in respect of any activity whatsoever, including without limitation Metrolinx's retention of any Manager, Project Officer and/or Project Inspector ("Project Inspector"), as described in the Terms of Reference, is subject to there being an appropriation of moneys by the Legislature of Ontario (the "Legislature") sufficient to satisfy such commitments under this Agreement. Activity, payment or funding obligations may be reduced or terminated, in response to the Legislature's annual budget, a change in departmental funding levels by the Legislature, or any other parliamentary decision that has an impact on the program under which this Agreement is made. h. Notwithstanding its retention of any Manager, Project Officer or Project Inspector pursuant to the Terms of Reference, Metrolinx does not guarantee, warrant or otherwise provide any assurance as to suitability of any of the Goods and/or Services to the Purchasers, or anyone, and Metrolinx is not responsible for the acts or omissions of the Project Officer or the Project Inspector. 5.2 Representations and Warranties of Metrolinx Metrolinx covenants, represents and warrants to the Purchasers that: i. it is a validly existing legal entity under the laws of Ontario; ii. it has the requisite legislative and other authority and any necessary approval to enter into this Agreement and to carry out its terms; iii. its entry into this Agreement and performance of the terms hereof will not result in a breach of its constituting documents or by-laws. 5.3 No Metrolinx Liability Where Metrolinx has entered into a Master Agreement, each Purchaser acknowledges and agrees that Metrolinx shall not be liable or responsible to any other Party to this Agreement, any Purchaser, the Supplier and/or any third party for any matter arising under such Master Agreement, the Procurement process or the provision of the Goods and/or Services, except to the extent to which such matter relates to the negligence or wilful misconduct of Metrolinx in the performance of its duties, and without limiting the generality of the foregoing, each Purchaser acknowledges and agrees that: a. Metrolinx will not be liable or responsible for any act or omission of the Purchaser or the Supplier in relation to Goods and/or Services under any Master Agreement and/or any Purchase Agreement. In no case whatsoever will Metrolinx be 17 responsible or liable for the cost of any Goods and/or Services under a Purchase Agreement. b. Metrolinx shall not be liable or responsible in any way whatsoever and the Purchasers agree that they shall satisfy themselves as to the suitability of the Goods and/or Services for their purposes, including without limitation the Goods and/or Services' compliance with applicable laws, policies, safety, licensing, funding and insurance requirements as such may apply to the Purchaser's provision of transit services in its jurisdiction and/or its acquisition of Goods and/or Services hereunder. c. Except for determining a Proponent's compliance with the mandatory requirements set out in the Procurement Documents, Metrolinx has not endorsed, recommended or approved the suitability of a Supplier or its Goods and/or Services for a Purchaser. d. Each Purchaser shall be responsible for obtaining its own professional advice, including its own independent legal advice in respect of its execution of this Agreement, its participation hereunder, and its completion of a Purchase Agreement, if any. Each Purchaser may include such additional business and legal terms and conditions to the Purchase Agreement as it sees fit in the circumstances provided that the required terms of the Purchase Agreement approved by the Steering Committee (the "Required Terms") are wholly retained and provided further that any such additional terms and conditions are not inconsistent with the terms and conditions of the relevant Master Agreement and the Required Terms. e. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for its own costs of any nature whatsoever arising as a result of, through or in any way related to its execution of this Agreement and its participation hereunder. f. Unless otherwise provided in this Agreement, each Purchaser shall be responsible for the oversight and administration of its own Purchase Agreement with the Supplier and shall not direct any Supplier service issues that may arise to Metrolinx but shall inform Metrolinx's Project Officer of such issues. g. Metrolinx shall not be liable for any loss or damages suffered by any of the other Parties or Purchasers, or any other person as a result of any act or inaction of Metrolinx. h. Metrolinx shall not be liable for any losses, costs or damages sustained or incurred by any other Party or Purchaser, including losses, costs or damages relating to third party lawsuits arising out of any Procurement process or the Master Agreement. ARTICLE VI: PURCHASERS 6.1 Steps Required to Become a Purchaser Subject to Section 6.3 (Addition of Purchasers to this Agreement) a transit service provider or other entity becomes a Purchaser when: a. the person or persons authorized to execute this Agreement on behalf of the municipality or other entity has or have duly executed this Agreement, a counterpart 18 to this Agreement, or in the event an Eligible Purchaser is being added to the Agreement after the Effective Date in accordance with Section 6.3, a confirmation agreement in the form attached as Schedule F (Confirmation Agreement); and b. the municipality or other entity has provided to the Manager the following documents: i. a Purchaser Information Sheet attached as Schedule D (Purchaser Information Sheet); and ii. a certified copy from a Purchaser's clerk or other authorized officer, confirming passage and enforceability of a by-law, resolution or other authority, as applicable, which includes, at a minimum, the information in the sample by- law/resolution attached as Schedule E (Sample Council/Board/Commission By- Law/Resolution), including the designation of persons authorized to provide instructions and any necessary approval for the Procurements as Steering Committee Member or Alternate Member, and confirming that all necessary actions have been taken by the Purchaser to authorize such persons to give instructions and any necessary approvals for the Procurements. The designations shall refer to positions rather than to specific individuals. 6.2 Representations and Warranties of Purchaser a. Each Purchaser covenants, represents and warrants to Metrolinx that: i. it is a validly existing legal entity under the laws of its relevant jurisdiction; ii. it has the requisite legislative and other authority and any necessary approval to enter into this Agreement and to carry out its terms, including the entering into joint Procurement arrangements and has passed any necessary by-law or resolution and has complied with its own procurement requirements; iii. it will take all necessary steps to ensure that it has all approvals (including budget approvals)which are required in order to carry out any Procurement; iv. its entry into this Agreement and performance of the terms hereof will not result in a breach of its constituting documents, by-laws, or any other agreements, ordinances or laws to which it is a party; v. it has not entered into any agreement or arrangement that would restrict the ability of Metrolinx to perform its obligations under this Agreement; vi. if it is participating as a Purchaser in a particular Procurement and has not withdrawn from this Agreement under Section 9.6 (Termination Without Cause by a Purchaser), the Purchaser will not enter into any new contract or contract extension with any supplier other than the Supplier for the Goods and/or Services specified in the Master Agreement during the term of the particular Procurement without the prior written approval of Metrolinx (such approval to be granted only in accordance with the Agreement and not to be unreasonably withheld or 19 delayed), unless the Supplier cannot provide the Goods and/or Services on a timely basis or has not met the requirements under the Master Agreement or Purchase Agreement as determined by the Steering Committee, acting reasonably; and vii. it will collect and submit to Metrolinx without unreasonable delay any data that Metrolinx may reasonably request from time to time in order to monitor and evaluate the effectiveness of the Goods and/or Services procured under this Agreement. b. The Purchaser shall be deemed to have repeated the foregoing representations and warranties each time it provides instructions for a Procurement. Metrolinx shall have no obligation to make any further inquiry to confirm the truth or accuracy of any representation or warranty, or the validity of any action taken by a Purchaser hereunder. 6.3 Addition of Purchasers to this Agreement Metrolinx may from time to time after the Effective Date, add Eligible Purchasers as Parties to this Agreement. Each proposed additional Eligible Purchaser must first: a. complete Section 6.1 (Steps Required to Become a Purchaser) in full; and b. to the extent it intends to participate in any existing Procurement: i. receive confirmation from the Project Officer for that Procurement that the Supplier has sufficient capacity to accept additional Purchasers without impacting on the delivery of Goods and/or Services already on order by existing Purchasers; and ii. confirm in writing to Metrolinx that it has not issued a public procurement process or subsequently cancelled an order for Goods and/or Services in order to participate in the Procurement]; and Upon its completion of the foregoing, an Eligible Purchaser shall become a Purchaser and shall enjoy all of the rights and obligations in this Agreement excepting only the services of the Project Inspector, if applicable to the Procurement, which shall be subject to the availability of Metrolinx funds. The Purchaser may then enter into a Purchase Agreement in accordance with the approved specifications and Options available for the respective Procurement. Each Purchaser agrees that this Agreement is binding on it regardless of the addition of Purchasers by Metrolinx hereunder. ARTICLE VII: CONFIDENTIALITY 7.1 Confidential Information Each Party shall keep, and shall ensure that its advisors, agents, directors, commissioners, officers, partners, Personnel, representatives and contractors keep, all Confidential Information confidential in accordance with the terms and conditions of this Article VII (Confidentiality). In addition to any other liabilities of a Party pursuant to this Article VII (Confidentiality) or otherwise at law or in equity, each Party shall be liable for any and all 20 liability, losses, costs, damages, expenses (including all reasonable legal, expert and consultant fees), causes of action, and proceedings arising from any non-compliance with this Confidentiality Agreement by a Party or any of its advisors, agents, directors, commissioners, officers, Personnel representatives or contractors. 7.2 Use of Confidential Information a. Confidential Information disclosed directly or indirectly by a Disclosing Party to a Receiving Party shall be held by the Receiving Party in confidence, and the Receiving Party: i. shall not disclose, reveal, publish, or disseminate any of the Disclosing Party's Confidential Information, provided that the Receiving Party may disclose Confidential Information to those of its advisors, agents, directors, commissioners, officers, partners, Personnel, representatives and contractors with a need to know such Confidential Information in connection with assisting, advising and/or providing feedback to the Procurement process, provided that such person is subject to obligations of confidentiality substantially similar to those contained in this Article VII (Confidentiality); ii. shall take all reasonable steps required to prevent any unauthorized reproduction, use, disclosure, publication, or dissemination of the Disclosing Party's Confidential Information; iii. shall not copy, reproduce in any form or store the Disclosing Party's Confidential Information in a retrieval system or database, without the prior written approval of the Disclosing Party; iv. shall immediately notify the Disclosing Party in the event that it becomes aware of any unauthorized disclosure of Confidential Information; and v. shall satisfy and comply with all applicable privacy legislation and any other statute or regulation applicable to the Confidential Information, including without limitation FIPPA and MFIPPA. b. At any time at the request of the Disclosing Party, the Receiving Party shall make all commercially reasonable efforts to effect the following as soon as possible: i. return all Confidential Information to the Disclosing Party; or ii. destroy the Confidential Information and all copies thereof in any form whatsoever under its power or control and provide the Disclosing Party with a certificate signed by the Receiving Party, or an appropriate officer of the Receiving Party, certifying such destruction. c. Notwithstanding paragraphs (a) and (b) of this Section 7.2 (Use of Confidential Information), the Receiving Party shall be permitted: 21 i) to retain and use one copy of the Confidential Information of the Disclosing Party for the sole purpose of compliance with and to the extent and for so long as required by: (1) any Requirements of Law; or (2) any court, regulatory agency or Authority to which it is subject; and ii) to retain any electronic records and files containing Confidential Information of the Disclosing Party which have been created pursuant to the automatic or normal course archiving and back-up procedures of the Receiving Party; provided that the Receiving Party treats such Confidential Information in the same manner as it treats its own Confidential Information, such manner not be less than a reasonable standard of care. Any Confidential Information of a Disclosing Party that is not returned or destroyed pursuant to this Section 7.2(c) shall continue to be subject to the confidentiality and non- disclosure provisions of this Agreement notwithstanding any expiration or termination of this Agreement. 7.3 Exceptions The obligations of confidentiality set out in Section 7.2 shall not apply to Confidential Information that: a. is or becomes generally available to the public through no fault of the Receiving Party, including, by way of example only, information related to the Procurement process and disclosed by Metrolinx after a successful bidder has been identified, including the names of the bidders that submitted proposals and the total contract price of the successful bidder; b. prior to receipt from the Disclosing Party, was known to the Receiving Party on a non- confidential basis and is not subject to another obligation of secrecy and non-use, as documented by written records possessed by the Receiving Party; c. was independently developed by the Receiving Party prior to receipt from the Disclosing Party, as documented by written records possessed by the Receiving Party; or d. becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party that is not under other obligations of confidence. 7.4 Authorized Purpose The Receiving Party acknowledges that all Parties have disclosed Confidential Information to the Receiving Party solely in connection with assisting, advising and/or providing feedback to the Procurement (the "Authorized Purpose"). The Receiving Party may use the Confidential Information solely in connection with the Authorized Purpose and for no other purpose. The Receiving Party acknowledges and agrees that unauthorized dealings with the Confidential Information would be detrimental to the interests, business and affairs of any of the Parties (or third parties with respect to third party information), including the integrity of the Procurement. 22 7.5 Legally Required Disclosure If the Receiving Party becomes compelled to disclose any Confidential Information pursuant to applicable law, the Receiving Party shall provide the Disclosing Party with prompt written notice of any such requirement and shall cooperate with the Disclosing Party in seeking to obtain any protective order or other arrangement pursuant to which the confidentiality of the relevant Confidential Information is preserved. If such an order or arrangement is not obtained, the Receiving Party shall disclose only that portion of the Confidential Information as is required pursuant to applicable law. Any such required disclosure shall not, in and of itself, change the status of the disclosed information as Confidential Information under the terms of this Confidentiality Agreement. 7.6 Ownership of Confidential Information The Disclosing Party shall retain all right, title and interest, including all intellectual property rights, in and to its Confidential Information. Neither the execution of this Confidentiality Agreement, nor the furnishing of any Confidential Information by a Disclosing Party shall be construed as granting to the Receiving Party, either by implication or otherwise, any interest, license or right respecting the Disclosing Party's Confidential Information, including any intellectual property rights. 7.7 No Warranties, Representations or Liability ALL INFORMATION IS PROVIDED "AS IS", WITHOUT WARRANTY OR GUARANTEE OF ANY KIND AS TO ITS ACCURACY, COMPLETENESS, OPERABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THE DISCLOSING PARTY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, EXPENSE OR CLAIM OF LOSS ARISING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION BY THE RECEIVING PARTY. 7.8 Damages for Breach of Confidentiality Obligations Each Party acknowledges and agrees that: a. any breach of the terms of this Article VII and the obligations set out herein shall cause immediate and irreparable harm for which damages alone are not an adequate remedy; and b. a Disclosing Party shall be entitled to seek, in addition to any other legal remedies which may be available to it, such equitable relief as may be necessary and available to protect such Party against such breach. 7.9 Survival of Confidentiality Obligations The Parties acknowledge and agree that the terms of this Article VII (Confidentiality) shall survive (i) the term of any agreement with the successful supplier resulting from a 23 Procurement, including any renewal periods exercised by any of the Parties, or(ii) the final abandonment or cancellation of the Agreement by Metrolinx, as applicable. ARTICLE VIII: CONFLICT OF INTEREST 8.1 No Conflict of Interest No Purchaser nor any of its advisors, partners, directors, commissioners, officers, Personnel, agents, or contractors shall engage in any activity or provide any services where such activity or the provision of such services creates a Conflict of Interest (actual or potential) with the terms and conditions set out in this Agreement or any of the Procurement Documents, Master Agreements or Purchase Agreements contemplated or completed under this Agreement. 8.2 Conflict of Interest and the Receipt of Confidential Information Each Party declares that there is no actual or potential Conflict of Interest arising out of the receipt of the Confidential Information or the Party's role in the Procurement. Each Purchaser acknowledges and agrees that it shall be a Conflict of Interest for it to use Confidential Information relevant to the Procurement, including without limitation proposals and pricing information, where Metrolinx has not specifically authorized such use unless the Confidential Information relates solely to that Purchaser and has been provided by that Purchaser. In the event that either (i) a Purchaser exercises its right to terminate its participation in the Procurements in accordance with Section 9.6 (Termination Without Cause By a Purchaser), (ii) a Purchaser decides not to exercise an Option Year for a particular Procurement in which it has participated, or (iii) Metrolinx terminates a defaulting Purchaser's right to participate in the Procurement in accordance with paragraph (a) of Section 9.2 (Metrolinx Remedies for Event of Default by Purchaser), then in each case, the Purchaser shall not be entitled to contract with the Supplier for the purchase of Goods and/or Services which were the subject matter of the particular Procurement, during the term of the relevant Master Agreement. 8.3 Reporting a Conflict of Interest Each Party declares that, if at any time during the course of participating in the Procurement, a Party or any of its advisors, partners, directors, commissioners, officers, Personnel, agents, or contractors has an actual or potential Conflict of Interest (each, a "Conflicted Party"), the Conflicted Party will immediately disclose such Conflict of Interest to Metrolinx and the Manager. Metrolinx shall have the authority to determine whether the Conflicted Party may continue to participate in the activity or provide the services in question, and shall also have the authority to attach limitations or conditions on the Conflicted Party's participation in the Procurement. Each Party shall be responsible for ensuring compliance by its advisors, partners, directors, commissioners, officers, Personnel, agents, or contractors with the Conflict of Interest requirements set out under this Agreement. 24 ARTICLE IX: DEFAULT, ENFORCEMENT AND TERMINATION 9.1 Event of Default Each of the following events is an Event of Default in respect of either a Purchaser or Metrolinx ("Event of Default"), as applicable: a. if any representation or warranty made by a Purchaser in this Agreement or any documentation delivered to Metrolinx by such Purchaser pursuant hereto shall be false or misleading in any material respect; b. if any representation or warranty made by Metrolinx in this Agreement shall be false or misleading in any material respect; c. if a Purchaser is in default in carrying out any of the material terms, covenants or obligations of this Agreement to be carried out by such Purchaser; d. if Metrolinx is in default in carrying out any of the material terms, covenants or obligations of this Agreement to be carried by Metrolinx; or e. if Metrolinx, a Purchaser or any of their respective advisors, partners, directors, commissioners, officers, Personnel, agents, representatives, or contractors has breached the requirements of Article VII (Confidentiality) or Article VIII (Conflict of Interest). 9.2 Metrolinx Remedies for Event of Default by Purchaser Notwithstanding any other rights which Metrolinx may have under this Agreement, if an Event of Default by a Purchaser has occurred, Metrolinx shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by Metrolinx, Metrolinx has first given written notice of the Event of Default to the defaulting Purchaser and the defaulting Purchaser has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such longer period of time as Metrolinx may consent in writing: a. Metrolinx may terminate the defaulting Purchaser's right to participate in a Procurement or in this Agreement by giving the defaulting Purchaser at least thirty (30) calendar days prior written notice thereof. Subject to Section 9.8 (Obligations Survive), as of the termination date, the defaulting Purchaser shall no longer participate as a Purchaser in the Procurement or this Agreement, as applicable; and b. subject to Article X (Dispute Resolution), Metrolinx may avail itself of any other legal remedies that may be available to it under law or in equity. 9.3 Purchaser Remedies for Event of Default by Metrolinx If an Event of Default by Metrolinx has occurred, as determined by a Steering Committee, a Purchaser shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by a Steering Committee, the Steering Committee has first given written notice of the Event of Default to Metrolinx and Metrolinx has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such 25 longer period of time as the Steering Committee may consent in writing: a. the Purchaser may, subject to Section 9.8 (Obligations Survive), terminate its participation in this Agreement or in a particular Procurement by giving Metrolinx at least thirty (30) calendar days prior written notice thereof; and b. subject to Article X (Dispute Resolution), each Purchaser may avail itself of any other legal remedies that may be available to it at law or in equity. 9.4 Termination Without Cause by Metrolinx Metrolinx may terminate a particular Procurement in accordance with the terms of the Procurement Documents or this Agreement at any time, without cause, by delivering written notice, in accordance with Section 11.1 (Address for Notices), to that effect to each Purchaser (in the case of a termination of a particular Procurement) or to each Party (in the case of a termination of this Agreement), as applicable, which notice shall be effective sixty (60) calendar days following delivery of the notice by Metrolinx. Any outstanding payment obligations of the Purchasers remaining as of the date of termination shall remain in effect. 9.5 Effect of Termination Without Cause by Metrolinx Where Metrolinx has provided notice pursuant to Section 9.4 (Termination Without Cause by Metrolinx), the remaining Purchasers or Parties may request that Metrolinx assign any or all of its rights and obligations under this Agreement and/or the Master Agreement to all of them or any of them. Such request shall be made before the expiry of the notice period referred to in Section 9.4 (Termination Without Cause by Metrolinx). 9.6 Termination Without Cause by a Purchaser A Purchaser may terminate its participation in this Agreement or any Procurement without cause up to five (5) Business Days following a Steering Committee's recommendation to Metrolinx to enter into a Master Agreement pursuant to Section 4.8 (Award of a Master Agreement), by delivering written notice to that effect to the other Parties which notice shall be effective immediately. No notice by an individual Purchaser shall affect the rights and obligations of the other Parties. Where a Purchaser gives such notice, it shall (i) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, and (iii) in accordance with Section 8.2 (Conflict of Interest), shall not be entitled to contract with the Supplier for the purchase of Goods and/or Services which were the subject matter of the particular Procurement, during the term of the relevant Master Agreement. 9.7 Purchaser Obligations after Award of Master Agreement Subsequent to the award of a Master Agreement, a Purchaser is required to engage in the joint Procurement to the extent permitted by the amount of funding approved by that Purchaser's approving authority for the purchase of the relevant Goods and/or Services for the term of the Master Agreement and a Purchaser shall not purchase Goods and/or Services from any party other than the Supplier during this period. In addition to any other remedies which may be available to Metrolinx, failure to comply with this provision may 26 result in the Province of Ontario withholding any applicable Provincial transit funding as may be applicable. 9.8 Obligations Survive Despite any termination under this Article IX (Default, Enforcement and Termination) each Party agrees that certain rights and obligations (whether contingent or matured, absolute or not), as set out in Section 11.5 (Survival) of each Party existing immediately before the termination shall survive such termination. Where Metrolinx terminates this Agreement pursuant to Section 9.4 (Termination Without Cause by Metrolinx), it shall remain responsible for all costs to which it is obligated under this Agreement up to the termination date. Notwithstanding a Purchaser's termination of its participation in a Procurement or in this Agreement under this Article IX (Default, Enforcement and Termination), the Purchaser shall continue to be bound by the terms and conditions of any Purchase Agreement which may have been executed by it prior to such termination and any termination of a Purchase Agreement by the Purchaser shall be made only in accordance with the terms of the Purchase Agreement. ARTICLE X: DISPUTE RESOLUTION 10.1 Legal Remedies for Disputes Any dispute, question, claim, or other matter arising out of or relating to this Agreement (each, a "Dispute") shall be resolved by the escalation procedure set out below in Section 10.3 (Three-Tiered Dispute Resolution). However, no Party shall be precluded from initiating a proceeding in a court of competent jurisdiction for the purposes of obtaining any emergency or provisional remedy to protect its rights that may be necessary and that are not otherwise available under this Agreement, including temporary and preliminary injunctive relief and restraining orders. 10.2 Dispute Notice A Party may refer a Dispute to dispute resolution under this Section 10.2 (Dispute Notice) of this Article X (Dispute Resolution) by the delivery of a notice requesting dispute resolution to the other Parties, which notice shall set out the Dispute in reasonably sufficient detail (a "Dispute Notice"). 10.3 Three-Tiered Dispute Resolution The Parties agree that any Dispute shall be referred for dispute resolution by high-level negotiation, mediation or arbitration in the following manner: a. High-Level Negotiation In the event a Party issues a Dispute Notice, as described in Section 10.2 (Dispute Notice), to the other Parties, the Chief Administrative Officer or equivalent of each non-Metrolinx Party, and in the case of Metrolinx, the executive to which the Transit Procurement Initiative reports, shall meet and make a good faith effort to resolve the Dispute as set out in the 27 Dispute Notice in a prompt manner and for the purpose of same, each Party shall provide its negotiator with full and timely disclosure of all relevant facts, information and documents to facilitate such negotiation. Negotiations shall be commenced within thirty (30) calendar days of the delivery of a Dispute Notice and shall, unless all Parties agree otherwise, be concluded within thirty (30) calendar days of their commencement. In the event that a resolution satisfactory to all Parties is achieved through such negotiations, the Parties shall detail, in writing, the manner in which the Dispute has been resolved. b. Mediation If the Dispute has not been resolved through high-level negotiation as contemplated in Section 10.3(a) (High-Level Negotiation) above, the Dispute will be referred to structured negotiation with the assistance of a mediator appointed by mutual agreement of the Parties within thirty (30) calendar days of any Party issuing a supplementary Dispute Notice requesting mediation. If a mutual agreement is not reached within the timelines set out above, then Metrolinx, acting in good faith, may appoint a mediator and provide the other Parties with written notice of such appointment. The mediator shall be an independent person who by training and experience has the professional qualifications and the mediation skills to mediate any Dispute that may arise among the Parties. The Parties shall agree on the procedure to be used in mediation. If the Parties achieve a resolution of the Dispute, the mediator shall confirm the resolution in writing. If the Parties do not resolve the Dispute, the mediator shall provide a written confirmation that the Parties were unable to resolve the Dispute. c. Arbitration Any Party may, within thirty (30) calendar days of the delivery of the mediator's confirmation that the Parties were unable to resolve their Dispute, issue a supplementary Dispute Notice requesting arbitration. The Parties shall agree on the procedure to be used for arbitration unless the Parties are required by legislation to comply with a particular arbitration process. Any determination by arbitration shall be final and binding upon the Parties, and not subject to appeal or challenge. To the extent not specified in this Agreement, an arbitration shall be governed by the provisions of the Arbitration Act, 1991, as amended. 10.4 Performance to Continue Notwithstanding that a matter has been referred to dispute resolution under the provisions of this Article X (Dispute Resolution), the Parties shall throughout the period of dispute resolution endeavour to perform their respective obligations under the terms of the Agreement to the best of their abilities. 10.5 Dispute Cost The Parties shall bear and be responsible for their own costs in connection with or relating to any Dispute. Except for Metrolinx, the Parties in a Dispute shall share equally the costs related to any Disputes arising out of the Master Agreement. 28 10.6 Disputes Between the Purchasers and the Supplier Each Purchaser shall be solely responsible for dealing with any Disputes that may arise between it and the Supplier. ARTICLE XI: MISCELLANEOUS 11.1 Address for Notices Any notice or other communication required or permitted to be given under this Agreement shall be delivered or sent by registered mail, postage prepaid or facsimile (with follow-up mailed copy unless otherwise specified in this Agreement) in the case of Purchasers to the addresses or facsimile numbers set out in Schedule D (Purchaser Information Sheet), and in the case of Metrolinx, to: Attn.: Manager Transit Procurement Initiative Metrolinx 97 Front Street West M5J 1E6 Fax: 416-214-0678 Any Party may change the address to which notices or other communications required or permitted to be given under this Agreement shall be sent, by sending notice in writing to every other Party, such address change shall become effective immediately upon receipt of such notice. 11.2 No Waiver a. The benefit of any provision of this Agreement may be waived in whole or in part by the Party for whose benefit the provision operates and any Party may waive any or all of its rights in the event of a breach of any provision of this Agreement by another Party. A waiver is binding on the waiving Party only if it is in writing. A waiver may be absolute or may be limited in any way as to duration or scope. b. The failure by one of the Parties to insist in one or more instances on the performance by another Party of any of the terms or conditions of this Agreement shall not be construed as a waiver by the Party of its right to require future performance of any such terms or conditions, and the obligations of such other Party with respect to such future performance shall continue to be in full force and effect. 11.3 Force Majeure a. A Party shall not be responsible for failures in performance due to Force Majeure. b. "Force Majeure" means any circumstance or act beyond the reasonable control of a Party claiming Force Majeure, including an intervening act of God or public enemy, war, blockade, civil commotions, labour stoppages, strikes or lockouts, fire, flood, earthquake, epidemic, quarantine restriction, a stop-work order or injunction issued by a court or public authority having jurisdiction, or governmental embargo, which delays the 29 performance of any obligation created by this Agreement beyond its scheduled time, provided such circumstance or act is not expressly dealt with under this Agreement or does not arise by reason of: i. the negligence or wilful misconduct of the Party claiming Force Majeure or those for whom it is responsible at law; ii. any act or omission by the Party claiming Force Majeure (or those for whom it is responsible at law) in breach of the provisions of this Agreement; or iii. lack or insufficiency of funds or failure to make payment of monies. c. Provided further that, in the case of an event of Force Majeure, the Party affected thereby shall notify the other Parties and Metrolinx, if Metrolinx is not the other Party, as soon as possible and in any event within five (5) Business Days following the date upon which the affected Party first becomes aware (or should have been aware, using all reasonable due diligence) of such event of Force Majeure so that the other Parties may verify the same. d. If an event of Force Majeure continues for a period of more than forty-five (45) calendar days, a Party shall have the right to terminate its participation in this Agreement (or in the case of Metrolinx, to terminate this Agreement) upon five (5) Business Days written notice to the other Parties. This right shall not affect a Purchaser's obligation to a Supplier under a Purchase Agreement which shall be determined in accordance with the relevant Purchase Agreement terms. 11.4 Remedies Cumulative All remedies, rights, undertakings, obligations and agreements of the Parties under this Agreement shall be cumulative, and none thereof shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any Party. Each Party may follow any remedy to which it is entitled concurrently or successively, at its option. 11.5 Survival Articles VII (Confidential Information), VIII (Conflict of Interest), IX (Default, Enforcement and Termination), Section 5.3 (No Metrolinx Liability), and Section 6.2 (Representations and Warranties of Purchaser), excluding Subsection 6.2 (a)(iv), shall survive the expiration or termination of this Agreement. 11.6 Amendment Except as expressly provided herein, this Agreement may be amended or modified only by an instrument in writing executed by each of the Parties, which will form part of the Agreement. 11.7 No Assignment Except as otherwise provided in this Agreement, Metrolinx shall not assign the whole or any part of its rights or obligations under this Agreement without the express written consent of the Parties, which consent shall not be unreasonably withheld. 30 No Purchaser shall assign the whole or any part of its rights or obligations under this Agreement without the express written consent of Metrolinx, which consent shall not be unreasonably withheld. 11.8 Further Action Each Party shall at all times promptly execute and deliver and cause to be executed and delivered such documents and take and cause to be taken such action as may be necessary or appropriate to give effect to the provisions of this Agreement. 11.9 Enurement This Agreement shall enure to the benefit of and be binding upon each Party and their respective successors and permitted assigns. 11.10 Time of the Essence In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 11.11 Counterparts This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original, and all such counterparts shall together constitute one and the same instrument. All signatures of the Parties to and pursuant to this Agreement may be transmitted by facsimile and such facsimile shall for all purposes be deemed to be the original signature of the person whose signature it produces and shall be binding upon that person and on the Party on whose behalf that person signed. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 31 IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the date set out above. METROLINX Per: Name: Title: I have the authority to bind the corporation. Per: Name: Title: I have the authority to bind the corporation. Do not sign here ****This signature page is only for Phase I Execution, refer to schedule F.***** [Signature Page to 2013-2018 Multi-Year Governance Agreement] SCHEDULE A: DEFINITIONS 1. Definitions In this Agreement, "Agreement" means this Multi-Year Governance Agreement for Joint Transit Procurements Facilitated By Metrolinx, 2013-2018, including its Schedules, as each may be amended from time to time; "Alternate Member" means a person appointed by a Party to act in the absence of its Member and has all the rights, responsibilities and obligations of the Member; "Arbitration Act, 1991" means the Arbitration Act, 1991, S.O. 1991, c. 17, as amended from time to time; "Authority" means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over this Agreement, the Master Agreement or the Goods and/or Services; "Authorized Purpose" means, in the context of Article VII (Confidentiality), assisting, advising and/or providing feedback to a Procurement facilitated by Metrolinx pursuant to this Agreement; "Business Day" means any day which is not a Saturday or Sunday or a day observed as a holiday under the laws of the Province of Ontario or the federal laws applicable to the Province of Ontario, or a day observed as a holiday for the Government of Ontario; "Chair" means a Steering Committee chair appointed by the relevant Steering Committee in accordance with Section 3.11 (Responsibilities of Steering Committee); "Communication Policy" means the communication policy for any major communication concerning the Procurement as set out in Schedule B (Communication Policy); "Confidential Information" means: (i) the Procurement process and solicitation documents and any information relating to or arising from the process and solicitation documents, including, without limitation, any Procurement Documents issued, or proposed to be issued, by Metrolinx relating to the Procurement, any proposals received, evaluation(s) completed, and pricing; (ii) any proprietary information of a Party; (iii) any personal information as contemplated in FIPPA or MFIPPA, as such instruments shall be amended, from time to time; (iv) all information that a Party is obliged, or has the discretion, not to disclose under provincial or federal legislation; or (v) any other information specifically designated in writing by a Party as being of a confidential or proprietary nature. Confidential information does not include information that: (A) is or becomes generally available to the public through no fault of the Receiving Party, including, by way of example only, information related to the Procurement process and disclosed by Metrolinx after a successful bidder has been identified, including the names of the bidders that submitted proposals and the total contract price of the successful bidder; (B) prior to receipt from the Disclosing Party, was known to the Receiving Party on a non- confidential basis and is not subject to another obligation of secrecy and non-use, as documented by written records possessed by the Receiving Party; (C) was independently developed by the Receiving Party prior to receipt from the Disclosing Party, as documented by written records possessed by the Receiving Party; or (D) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party that is not under other obligations of confidence. "Conflict of Interest" means any situation or circumstance where, in relation to a Procurement, a Purchaser or any of its advisors, partners, directors, commissioners, officers, Personnel, agents, or contractors or Steering Committee Members (a) communicates with any person with a view to influencing preferred treatment inconsistent with the Procurement process, (b) engages in conduct that compromises or could be seen to compromise the integrity of the open and competitive Procurement and render that process non-competitive or unfair, or (c) has other commitments, relationships or financial interests that (i) could or could be seen to exercise an improper influence over the objective, impartial exercise of its independent judgment, or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under this Agreement; "Contract" means the aggregate of: (a) the Master Agreement; (b) the Purchaser-specific Purchase Agreement; (c) the Procurement Documents, including any addenda; (d) the successful proposal; and (e) any amendments executed in accordance with the terms of the Master Agreement; "Disclosing Party" means a Party that discloses Confidential Information in connection with the Procurement; "Dispute" has the meaning ascribed thereto in Section 10.1 (Legal Remedies for Disputes) of this Agreement; "Dispute Notice" has the meaning ascribed thereto in Section 10.2 (Dispute Notice); "Effective Date" means the date this Agreement is effective as set out on the first page of this Agreement; "Eligible Purchaser" means: a) a municipality, as defined under the Municipal Act or a transit authority including a transit commission or other persons or classes of persons as may be authorized under the Municipal Act with which a municipality is permitted to enter into an agreement for the Procurement; b) a legal entity that provides public transit services for persons with disabilities within a municipality and on behalf of that municipality; (c) a legal entity in receipt of Provincial funding for its provision of transit services for persons with disabilities within the Province of Ontario; or d) GO Transit; but for greater certainty does not include a Party who has previously terminated its participation under this Agreement, or a Purchaser who has terminated a Purchase Agreement or failed to exercise an Option Year. "Event of Default" has the meaning ascribed thereto in Section 9.1 (Event of Default) of this Agreement; "Expiration Date" means December 1, 2018 and refers to the date on which this Agreement shall expire if it has not been otherwise terminated or extended, subject to the terms and conditions set out in this Agreement; "FIPPA" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended from time to time; "Force Majeure" has the meaning ascribed thereto in Section 11.3 (Force Majeure) of this Agreement; "Goods and/or Services" means in relation to a Procurement, the particular transit system vehicles, equipment, technology, facilities and/or related supplies and services to be procured by the Purchasers from the Suppliers in accordance with the Contract; "GO Transit" means the operating division of Metrolinx responsible for the provision of public transportation services, who, for the purposes of this Agreement, shall be considered a Purchaser and treated in accordance with the rights and obligations accruing to Purchasers hereunder, separate and distinct from Metrolinx. "Legislature" has the meaning ascribed thereto in Section 5.1 (Roles and Responsibilities of Metrolinx) of this Agreement; "Manager" means the Metrolinx representative responsible for the overall facilitation and administration of the Procurement initiative under Section 5.1 (Roles and Responsibilities of Metrolinx); "Master Agreement" means the contract, including its schedules, to be entered into between Metrolinx and the Supplier to deliver the Goods and/or Services as they will be described in the relevant Procurement Documents and any other related supplies and services, or any part thereof; "Member" means a person appointed by a Party as set out in Section 3.1 (Steering Committee Membership) and who is deemed authorized by virtue of such appointment to perform any action, and provide any required recommendations, instructions and approvals to complete a Procurement within the scope of this Agreement; "MERXTM" means the electronic tendering system used to connect suppliers of goods and services to people who purchase on behalf of governments and public sector organizations; "Metrolinx" means the Corporation Metrolinx as established under the Metrolinx Act, 2006, as amended from time to time; "Metrolinx Member" has the meaning ascribed thereto in Section 3.1 (Steering Committee Membership); "MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended from time to time; "Municipal Act," means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time; "Options" means a component, feature, service or material that is proposed and priced by the Proponent as an alternative (or an addition or deletion) to the Proponent's standard component/feature/material/service for the Good and/or Services and as contained in the Technical Specifications and/or Scope of Work included in the Procurement Documents. "Option Year" has the meaning ascribed thereto in Section 2.1(g) (Key Principles) of this Agreement; "Participation Fee" has the meaning assigned in Section 2.1(i) (Key Principles) of this Agreement; "Party" means any one of the legal entities which have executed this Agreement, and "Parties" means more than one Party; "Personnel" means collectively, in the case of each Party, individuals who provide services to such Party or any of its contractors in connection with this Agreement, whether as employees or independent contractors, and includes the employees and independent contractors of the Party; "Procurement" means the process by which Metrolinx will, on behalf of the participating Purchasers, facilitate the joint public procurement of Goods and/or Services described in the Procurement Documents, and any other related supplies and services in accordance with this Agreement, including without limitation any Project Officer or Project Inspector; "Procurement Documents" means the written tender document issued by Metrolinx for the joint procurement of Goods and/or Services and any supporting documentation posted on a Public Procurement Portal in connection with such tender. "Procurement Policies" means the procurement policies and directives in effect from time to time respecting the procurement of equipment, services and supplies applicable to Metrolinx; "Project Inspector" means the person or persons hired by Metrolinx, as described in the Terms of Reference for the particular Procurement, to perform inspection services at the Supplier's facility on behalf of the Purchasers of the Goods and/or Services; "Project Office" means the office designated by Metrolinx as such from time to time by notice in writing to the other Parties; "Project Officer" means the technical expert that is hired by Metrolinx, as described in the Terms of Reference for the particular Procurement, to assist each Steering Committee and the Purchasers on technical issues related to the the planning of the Procurement, including the development of the Technical Specification, up until the point the Goods and/or Services are accepted by the Purchasers; "Proponent" means the legal entity that submits a proposal in response to a Procurement contemplated by this Agreement; "Public Procurement Portal" means a public, industry-accepted electronic tendering system used to connect suppliers of goods and services to people who purchase on behalf of governments and public sector organizations, such as MERX TM; "Purchase Agreement" means the contract or contracts to be entered into between the Purchasers and the Supplier to deliver the Goods and/or Services as described in the Procurement Documents with any additional Options specified by each Purchaser; "Purchaser" means: a) a municipality, as defined under the Municipal Act or a transit authority including a transit commission or board or other persons or classes of persons as may be authorized under the Municipal Act with which a municipality is permitted to enter into an agreement for the Procurement; b) a legal entity that provides public transit services for persons with disabilities within a municipality and on behalf of that municipality; (c) a legal entity in receipt of Provincial funding for its provision of transit services for persons with disabilities within the Province of Ontario; or d) GO Transit; and includes each Party to this Agreement and any Eligible Purchaser that has subsequently complied with the requirements of Section 6.1 (Steps Required to Become a Purchaser); "Receiving Party" means a party in receipt of Confidential Information; "Required Terms" has the meaning ascribed thereto in Section 5.3 (No Metrolinx Liability) of this Agreement; "Requirements of Law" means all applicable requirements, laws, statutes, codes, acts, ordinances, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, Provincial policy directions, and agreements with Authorities that now or at any time hereafter may be applicable to either the Supplier, the Purchasers, the Master Agreement or the Goods and/or Services or any part of them; "Schedules" means the schedules listed in Section 1.2 (Schedules and Order of Priority) and forming a part of this Agreement, and any other schedules subsequently added in accordance with the terms of this Agreement, as each may be amended from time to time; "Scope of Work" means the description of the Goods and/or Services to be included in the Procurement Documents and form a part of the Master Agreement with the Supplier; "Steering Committee" means the committees described in Article Ill (Steering Committees); "Supplier" means the successful Proponent of a Procurement contemplated by this Agreement with whom Metrolinx enters into a Master Agreement; "Technical Specifications" means the specific technical requirements of the Goods and/or Services to be included in the Procurement Documents and form a part of the Master Agreement with the Supplier; "Term" means, as described in Section 4.10 (Term of this Agreement), subject to any extension or termination of this Agreement pursuant to the provisions herein, or the survival of any of the obligations of this Agreement as provided herein, the five (5) year period of time from the Effective Date up to and including the Expiration Date. "Terms of Reference" means the document setting out the specific terms of a particular Procurement that Metrolinx shall prepare, in consultation with the Steering Committee, substantially in the form attached hereto as Schedule C (Sample Terms of Reference), and which shall be acknowledged by the Steering Committee members representing those Purchasers that intend to participate in the particular Procurement, and shall form the basis of the Master Agreement for that Procurement; "Unanimous Written Consent" means the written consent of all of the Members of the Steering Committee eligible to vote, which may be provided in the form of an e-mail confirmation, as described in Section 3.4 (Quorum). SCHEDULE B: COMMUNICATION POLICY 1. Communication Policy a. The Parties agree that any communication with third parties in relation to a Procurement shall be carried out in accordance with the terms and conditions set out in this Agreement and in the communication policy described in this Schedule B (the "Communication Policy"). b. The purpose of the Communication Policy is for Metrolinx and the Purchasers to coordinate the initial announcement of a joint Procurement award. c. Metrolinx acknowledges that Purchasers have public reporting obligations and that Purchasers may make public communications in relation to a project related to a joint Procurement, including review, performance assessment and expectations. With the exception of paragraph (d) below, the Communication Policy does not apply to such project related communications by the Purchaser. d. Before the results of any public Procurement process (including award) are officially communicated by Metrolinx (including but not limited to the name of the successful Proponent and any pricing or evaluation result details), such results are considered Confidential Information as defined in this Agreement and shall not be disclosed without the express consent of Metrolinx. SCHEDULE C: SAMPLE TERMS OF REFERENCE 1. Objective Metrolinx has entered into a Multi-Year Governance Agreement, effective December 1, 2013, with the transit service providers of various municipalities signatory thereto (the "Purchasers") in order to facilitate the joint procurements of transit system vehicles, equipment, technology, facilities and related supplies and services (the "Governance Agreement"). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Governance Agreement. Pursuant to the terms and conditions set out in the Governance Agreement, Metrolinx now wishes to facilitate the joint procurement of[insert a brief description of the goods and/or services to be procured] (the "Deliverables"), as described more fully below under [Technical Specifications/Scope of Work]] (the "Procurement"). The purpose of these Terms of Reference ("TOR") is to set out the terms upon which Metrolinx proposes to facilitate the Procurement and enter into a Master Agreement with the Supplier, under the terms and conditions set out in the Governance Agreement. Metrolinx reserves the right to amend these Terms of Reference at any time with notice to the Purchasers. 2. Prospective Purchasers The following Purchasers have indicated an interest in participating in the Procurement: [Insert the list of the Purchasers who have expressed an interest in participating in the Procurement.] It is noted that, as set out in the Governance Agreement, participation by Purchasers in any joint Procurement is voluntary up to five (5) Business Days following the Steering Committee's recommendations that Metrolinx enter into a Master Agreement with the successful Supplier, pursuant to Section 4.8 of the Governance Agreement (Award of a Master Agreement). If a Purchaser decides not to participate in a particular Procurement within these five (5) Business Days, it shall (i) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, and (iii) in accordance with Section 8.2 (Conflict of Interest), shall not be entitled to contract with the Supplier for the purchase of Goods and/or Services which were the subject matter of the particular Procurement, during the term of the relevant Master Agreement. 3. Term The proposed Master Agreement shall have a term of[ ] years. [Include a description of any Option Years, if applicable.] 4. Projected Timetable The following timetable is tentative only, and may be changed by Metrolinx at any time in its sole discretion. Event Date iI 5. Technical Specifications / Scope of Work [Insert summary of the Technical Specifications/Scope of Work of the Deliverables.] 6. Procurement Process a. Evaluation As described more fully in the Procurement Documents, the proposals will be evaluated using the following criteria: a. [Insert evaluation criteria — i.e. total contract price, proponent qualifications, etc.] b. 'Fairness Commissioned- [Metrolinx shall alone and in its sole and absolute discretion, procure, retain and provide funding for the services of an independent fairness commissioner. The fairness commissioner will be a third party observer who provides independent confirmation that the Procurement is open, fair and transparent and complies with the terms and conditions of the Procurement Documents and any Procurement Policies required to be followed by Metrolinx.] 7. Services to be Provided by Metrolinx a. Project Officer Metrolinx shall retain and fund the services of a Project Officer to provide expert advice on technical issues related to the planning of the Procurement, including the development of the Technical Specification, up until the point the Goods and/or Services are accepted by the Purchasers. [Insert any other responsibilities of Project Officer.] b. Project Inspector Metrolinx shall retain and fund the services of a Project Inspector to [insert description of Project Inspector's role]. Metrolinx will confirm the availability of the above-mentioned inspection services upon receipt of a copy of a Purchaser's Purchase Agreement and related order received in accordance with the foregoing. Orders received subsequent to the dates identified herein may not qualify for inspection services. Note to Draft: To be included if applicable. Inspections will include [insert description of detailed inspection]. For each Procurement, the Project Inspector will report to and take direction from the Manager and shall be responsible for: a. [Insert responsibilities] 18. Participation Feeal [The Supplier shall charge each Purchaser a participation fee equal to $1 ] for each [insert name of Good/Service] purchased by the Purchaser during the Term of the Master Agreement and during any Option Year, inclusive of applicable taxes, to be remitted to Metrolinx. The specific terms of payment shall be set out in the Master Agreement.] 9. Amendment Metrolinx reserves the right to amend, change or supplement these TOR at any time in its sole discretion upon notice to the Steering Committee. Metrolinx will consult with the Steering Committee prior to amending, changing on supplementing the TOR. [Remainder of page intentionally left blank] 2 Note to Draft: To be included if applicable. ACKNOWLEDGEMENT OF TERMS OF REFERENCE: Re: [Insert name of Procurement] [insert name of Steering Committee Member], a member of the Steering Committee Member representing [insert name of Purchaser], having read and understood these Terms of Reference, hereby acknowledge that the Terms of Reference are the terms upon which Metrolinx proposes to facilitate the joint Procurement of[insert name of Deliverables] and enter into a Master Agreement with the successful Proponent, subject to the Governance Agreement, effective [insert effective date]. Signature of Steering Committee Member Date SCHEDULE E: SAMPLE COUNCIL/BOARD/COMMISSION BY-LAW/RESOLUTION The Council/Board/Commission for [insert legal name of municipality/Purchaser] hereby authorizes the future signing by [insert title of agent authorized to sign on behalf of municipality/Purchaser] of a Multi-Year Governance Agreement for Joint Procurements Facilitated by Metrolinx, 2013- 2018 (the "Governance Agreement") for the purpose of purchasing certain transit system vehicles, equipment, technology, facilities and related supplies and services on an exclusive basis from suppliers selected pursuant to public procurement processes facilitated by Metrolinx, on terms and conditions set out in the relevant procurement documents and in the Governance Agreement between, among others, Metrolinx and [insert legal name of municipality/Purchaser]. In addition, the Council/Board/Commission authorizes [insert title of Steering Committee Member] to perform any action, and provide any required recommendations, instructions and approvals to complete the procurements within the scope of the Governance Agreement, to appoint Alternate Members to the Steering Committee to perform the above in their absence, and to exercise the Council/Board/Commission's rights of early termination in accordance with Section 9.6 (Termination Without Cause by a Purchaser) of the Governance Agreement. This By-law/Resolution was adopted by the Council/ Board/Commission of [insert legal name of municipality/Purchaser] on , 20 . Member of Council/Governing Board/Commission Member of Council/Governing Board/Commission SCHEDULE F: CONFIRMATION AGREEMENT THIS INSTRUMENT of accession forms part of a Multi-Year Governance Agreement for Joint Transit Procurements Facilitated by Metrolinx, 2013-2018, made as of the 1st day of December, 2013, together with the Schedules attached thereto, as each may be amended, restated, supplemented or otherwise modified from time to time, by and among Metrolinx and [insert names of Parties] (the "Governance Agreement"). Capitalized terms used herein have the meanings ascribed to them in the Governance Agreement. [WHEREAS [name of party] was added as a Party to the Governance Agreement pursuant to a Confirmation Agreement dated [insert date of relevant confirmation agreement]3; [AND] WHEREAS pursuant to Section 6.3 of the Governance Agreement, Metrolinx has the right to add Eligible Purchasers as Parties to the Governance Agreement, and, once added as a Party such Eligible Purchaser shall become a Purchaser; AND WHEREAS [insert name of new Purchaser] is an Eligible Purchaser, as that term is defined in the Governance Agreement, and wishes to be added as a Party to, and become a Purchaser under, the Governance Agreement; NOW THEREFORE in consideration of the mutual covenants of the Parties set out in the Governance Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, [insert name of new Purchaser] and Metrolinx hereby agree as follows: 1. This Confirmation Agreement is a counterpart to the Governance Agreement and that, by execution and delivery hereof, [insert name of new Purchasers becomes and agrees to be a Party to the Governance Agreement; 2. Subject to (i) [insert name of new Purchaser]'s compliance with the requirements set out in Section 6.1 of the Governance Agreement and (ii) the limitations set out in Section 6.3 of the Governance Agreement, [insert name of new Purchaser] shall become a Purchaser for all purposes contemplated in the Governance Agreement. 3. [insert name of new Purchaser] hereby agrees: a. to be bound by, and hereby confirms, all covenants, agreements, representations, warranties, consents, submissions, appointments and acknowledgements attributable to or made by a Purchaser in the Governance Agreement; b. to perform any and all obligations required of a Purchaser by the Governance Agreement; and c. that the representations and warranties set forth in the Governance Agreement and applicable to [insert name of new Purchaser] are true and correct as at the effective date of this Confirmation Agreement. 4. This Confirmation Agreement shall be governed by the laws of the Province of Ontario. 3 To be included only if other parties have joined the Governance Agreement after the Effective Date pursuant to a separate Confirmation Agreement. IN WITNESS WHEREOF the undersigned has caused this Confirmation Agreement to be duly executed as of the date first written above. [INSERT NAME OF NEW PURCHASER] Per: Name: Title: I have the authority to bind the [City/Corporation]. Address of Party for Purposes of Notice: METROLINX Per: Name: Title: Per: Name: Title: We have the authority to bind the Corporation. [Signature Page to Confirmation Agreement] SCHEDULE D: PURCHASER INFORMATION SHEET 1. Legal name of organization The Corporation of the City of Niagara Falls 2. Contact information Mailing address and fax number for notices: WEGO Facility 8208 Heartland Forest Road Niagara Falls, ON L2H OL7 Fax: 905-356-5576 3. Steering Committee Member Alternate Member Title: Manager Fleet & Facility, Transit Services General Manager, Transit Services Address: 8208 Heartland Forest Road Niagara Falls, ON L2H OL7 Telephone #: 905-356-7521 Ext. 4529 905-356-7521 Ext. 4510 Fax#: 905-356-5576 E-mail: nwaldick{c�nia_garafalls_ca dstuart@niaggrafalls.ca SCHEDULE F: CONFIRMATION AGREEMENT THIS INSTRUMENT of accession forms part of a Multi-Year Governance Agreement for Joint Transit Procurements Facilitated by Metrolinx, 2013-2018, made as of the 1st day of December, 2013, together with the Schedules attached thereto, as each may be amended, restated, supplemented or otherwise modified from time to time, by and among Metrolinx and The Corporation of the City of Barrie, The Corporation of the City of Burlington, The Corporation of the Town of Collingwood, The Corporation of the City of Cornwall, The Regional Municipality of Durham, The Corporation of the City of Elliot Lake, City of Hamilton, Handi-Transit Windsor, The Corporation of the City of Kenora, The Corporation of the City of Kingston, London Transit Commission, The Corporation of the Town of Milton, The Corporation of the City of North Bay, The Corporation of the Town of Oakville, The Corporation of the City of Sarnia, St.Catharines Transit Commission, The Corporation of the City of Welland, Transit Windsor, The Corporation of the City of Temiskaming Shores, The Corporation of the City of Quinte West, The Corporation of the City of Kawartha Lakes, The Corporation of the Town of Bradford West Gwillimbury, The Corporation of the City of Orillia, The Regional Municipality of York, The Corporation of the City of Belleville and The Corporation of the City of Thunder Bay (the "Governance Agreement"). Capitalized terms used herein have the meanings ascribed to them in the Governance Agreement. WHEREAS pursuant to Section 6.3 of the Governance Agreement, Metrolinx has the right to add Eligible Purchasers as Parties to the Governance Agreement, and, once added as a Party such Eligible Purchaser shall become a Purchaser; AND WHEREAS The Corporation of the City of Niagara Falls is an Eligible Purchaser, as that term is defined in the Governance Agreement, and wishes to be added as a Party to, and become a Purchaser under, the Governance Agreement; NOW THEREFORE in consideration of the mutual covenants of the Parties set out in the Governance Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, The Corporation of the City of Niagara Falls and Metrolinx hereby agree as follows: 1. This Confirmation Agreement is a counterpart to the Governance Agreement and that, by execution and delivery hereof, The Corporation of the City of Niagara Falls becomes and agrees to be a Party to the Governance Agreement; 2. Subject to (i) The Corporation of the City of Niagara Falls' compliance with the requirements set out in Section 6.1 of the Governance Agreement and (ii) the limitations set out in Section 6.3 of the Governance Agreement, The Corporation of the City of Niagara Falls shall become a Purchaser for all purposes contemplated in the Governance Agreement. 3. The Corporation of the City of Niagara Falls hereby agrees: a. to be bound by, and hereby confirms, all covenants, agreements, representations, warranties, consents, submissions, appointments and acknowledgements attributable to or made by a Purchaser in the Governance Agreement; b. to perform any and all obligations required of a Purchaser by the Governance Agreement; and - 2 - c. that the representations and warranties set forth in the Governance Agreement and applicable to The Corporation of the City of Niagara Falls are true and correct as at the effective date of this Confirmation Agreement. 4. This Confirmation Agreement shall be governed by the laws of the Province of Ontario. IN WITNESS WHEREOF the undersigned has caused this Confirmation Agreement to be duly executed as of the date first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: I have the authority to bind the [City/Corporation]. Address of Party for Purposes of Notice: METROLINX Per: Name: Title: Per: Name: Title: We have the authority to bind the Corporation. [Signature Page to Schedule F Confirmation Agreement] CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law 2002-129, the Animal Control By-law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Schedule "E3" be amended adding the following: 4. The lands and premises at 8215 Heartland Forest Road, Niagara Falls, Ontario, being more particularly described as follows: PT. TWP. Lots 207 and 208 RP, 59R4705 PT Part 2. Passed this ninth day of February, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2016. Second Reading: February 9, 2016. Third Reading: February 9, 2016. CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of February, 2016. 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 9th day of February, 2016 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 ninth day of February, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 9, 2016 Second Reading: February 9, 2016 Third Reading: February 9, 2016