The URL can be used to link to this page

2018/02/13Aft City of Niagara Falls Agenda City Council Meeting Tuesday, February 13, 2018 @ 5:00 PM Council Chambers 1. IN CAMERA SESSION OF COUNCIL 4:00 P.M. 1.1. Advice that is subject to solicitor client privilege. In Camera Feb 13 2. CALL TO ORDER 2.1. O Canada to be sung by Emma Bishop. Emma Bishop - Anthem Singer 2.2. David Smith will recite a poem. 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 23, 2018. City Council - 23 Jan 2018 - Minutes - Pdf 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS 6.1. Komedy for Kidneys Dino Fazio will inform Council of the 11th Annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show taking place March 7, 2018. Komedy for Kidneys Rodney Pentland Memorial Benefit Show Page 7 E:1 9-20 21 Page 1 of 401 6.2. Winter Festival of Lights 22-89 Tina Myers will make a presentation to Council seeking additional support for the Festival of Lights WFOL OPG Niagara Winter Festival of Lights report Year in review 6.3. Niagara Falls Tourism Jon Jackson will make a presentation to Council seeking additional financial support for Niagara Falls Tourism. 7. BUDGET 7.1. Todd Harrison, Director of Finance will provide a power point 90-116 presentation on the Operating Budget. 2018 Operating Budget 7.2. 2018 Municipal Utility Budget 117-137 2018 Water & Wasterwater budget 7.3. 2018 Parking Budget 138-164 2018 PARKING BUDGET - MEDIA 8. PLANNING MATTERS 8.1. Public Meeting 165-179 AM -2017-019, Zoning By-law Amendment Application 3615 Gunning Drive Applicant: Anthony Vacca Agent: Jordan Vaderhoeven ( Upper Canada Consultants) Background Report: PBD -2018-10 PBD -2018-10, AM -2017-019, Anthony Vacca, 3615 Gunning Drive Presentation - 3615 Gunning Drive Page 2 of 401 9. REPORTS 9.1. BDD-2018-01 - Small Business Enterprise Centre (SBEC/BDD), 180-242 Ministry of Economic Development and Growth Summer Company 2018 Agreement BDD-2018-001 - SBEC-MEDG Summer Company 2018 Agreement 9.2. CD -2018-02 - Dominion Voting Tabulators 243-260 CD -2018-02, Dominion Vote Tabulators CD -2018-02 -Appendix 1 9.3. MW -2018-01 - George Bukator Park Licence and Sublicence 261 -262 Agreement Renewals MW -2018-01 George Bukator Park Licence and Sublicense Agreement Renewals 9.4. PBD -2018-09 - PLC -2017-004, Request for Removal of Part Lot 263-268 Control, Lots 16,17 & 18, Plan 59M-427. Southgate Estates Plan of Subdivision. Applicant: Zaph Developments (Niagara) Inc. PBD -2018-09, PLC -2017-004, Request for Removal of Part Lot Control Southgate Estates 9.5. PBD -2018-12 - Residential Rodent Control Rebate Program 269-277 PBD -2018-12 - Residential Rodent Control Program Correspondence from Bill & Sylvia Chase 9.6. PBD -2018-14 - Matters Arising from the Municipal Heritage 278 Committee Interim Replacement of Municipal Heritage Committee Member PBD -2018-14, Matters Arising from MHC -Member Replacement 9.7. R&C-2018-03 - Mayor's Youth Advisory Committee Scholarship 279-284 Page 3 of 401 Amendments R&C-2018-03-Attachment #1 - DRAFT Memorandum of Understanding R&C-2018-03-MYAC Scholarship Amendments R&C-2018-03-Attachment #2 - Jim Mitchinson Bio 9.8..S 20°1 02 unlp,c°ts°CIN.r°,Ilan Olper°,°Illoins oin °Ilhe CII°Iy° IN11,1,r°, 285-290 Falls RFII' 7°1-201 TS 2018-02 RFP71-2017 — Impacts of CN Train Operations on the City of Niagara Falls - Project Award 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Niagara Parks Commission - Floral Workshops, requesting that City 291 -293 Council recognize their event(s) as being an event of municipal significance and support the provision of a Special Occasion Liquor Licence. RECOMMENDATION: For the Consideration of Council. Floral Worshops 10.2. RMHA -Invitation to Mayor and Council to attend the RMHA 294-295 Championship Day on Saturday March 3, 2018. RECOMMENDATION: For the Information of Council. RMHA Championship Day 10.3. Hope Award Gala - Request for the City to purchase a table ( 8-10 296-312 seats $155.00 per ticket) for the Hope Award Gala June 1, 2018. RECOMMENDATION: For the Consideration of Council Hope Award 2018 10.4. The Fresh Air Fund - Requesting that March 20, 2018 be proclaimed 313-314 as " Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION - For the Approval of Council Fresh Air Fund Day 10.5. Parking restrictions regarding recreational vehicles - Letter from 315-319 Shaun Parrent. Page 4 of 401 RECOMMENDATION: Direction to Staff Correspondence from Shaun Parrent 10.6. Project Sltizir°e Coldest INIig1tit of the Year IIFundraiser requesting 320-324 tltvat ttie City to subimli°t a °tee, iav, RECOMMENDATION: For the Consideration of Council Coldest Night of the year Coldest night of the year Brochure Coldest night of the year poster 10.7. City f Welland Resolution, replpoliin'tirnein°ts to the M"CA 325-334 RECOMMENDATION: For the Information of Council City of Welland resolution Email from NPCA NPCA Board A000intment Information Selection of Members to the NPCA Board of Directors 10.8. I unliclilpzil Heritage C irnirnittee Request °that ttie week of February 335-336 '19-25, 2018 Ibe Iprocllairyied as " Heritage Week 2018" in the City f Niagara Falls. RECOMMENDATION: For the Approval of Council Municipal Heritage Week 10.9. C invimunlities in IBlooirn Ontario Invli°I~ati in to Iparticipate in ttie 2018 337 -357 Edition of C irnirnuinlities in IBII oia . RECOMMENDATION: Refer to staff Ontario Communities in Bloom 11. RESOLUTIONS 11.1. The Director of Finance will speak to the attached resolution. 358-359 WHEREAS the Province of Ontario announced on November 29, 2017, the Development Charges Rebate Program Page 5 of 401 12. RATIFICATION OF IN CAMERA MATTERS 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-16 - A by-law to designate Lots 16, 17, and 18, Registered Plan 360 59M-427, not be subject to part -lot control (PLC -2017-004). PLC -2017-004 By-law 2018-17 - A by-law to enter into an agreement for election services and 361 -376 software licencing with Dominion Voting Systems Corporation for the 2018 and 2022 Municipal Elections. Dominion Voting Systems Execution By-law Dominion Voting - Schedule A 2018-18 - A by-law to authorize the execution of a Licence Agreement 377-398 with Ontario Power Generation Inc., and a Sublicence Agreement with Ontario Power Generation Inc. and the Niagara Falls Rowing Club, respecting non-exclusive licences for the use of the lands known as George Bukator Park. Execution of Licence Agreement and Sublicence Agreement - OPG and the Niagara Falls Rowing Club 2018-19 - A by-law to amend By-law No. 89-2000, being a by-law to 399-400 regulate parking and traffic on City Roads. (Limited Parking, Parking Prohibited) Feb 13 - Centre St, Clark St 2018-20 - A by-law to adopt, ratify and confirm the actions of City 401 Council at its meeting held on the 13th day of February, 2018. 02 13 18 14. NEW BUSINESS 15. ADJOURNMENT Page 6 of 401 The City of Niagara Falls, Ontario Resolution February 13, 2018 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED that on February 13, 2018 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(2)(a), the security of the property of the municipality or local board; 239(2)(f), advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON ACTING CITY CLERK JAMES M. DIODATI MAYOR Page 7 of 401 February 13, 2018 — Emma Bishop Emma Bishop is a vibrant and accomplished grade 7 student at Prince Philip french immersion School in Niagara Falls. She has a strong passion for the arts which allow her to express her bubbly and outgoing personality. Emma began singing and playing the piano at age 6 training under the direction of Sandra Mason and Fran Saxby. Already at her young age, Emma has received many distinguished awards at various music festivals and exams. Emma is actively involved with, dance, theatre, voice, piano as well as singing with her school choir. She enjoys spending quiet time with friends and family, playing board games and relaxing at the cottage. Emma's talent and flair for drama and the arts can be seen on the stage in various Linus Hand Productions, playing such roles as Jane Banks in Mary Poppins, Young Fiona in Shrek and most recently as Jetsam the villainous eel in The Little Mermaid. Page 8 of 401 Niagara MINUTES �0City Council Meeting Tuesday, January 23, 2018 Council Chambers 5:00 r INA!NA PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson 1919111►INIwil3-y:11►19 1919111►INI0AA1114 1 IN CAMERA SESSION OF COUNCIL 4:30 P.M. a) Property Matter ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Mike Strange that Council enter into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) 0 Canada sung by Charlotte Johnstone. 3 ADOPTION OF MINUTES a) Council Minutes of January 9, 2018 ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the minutes of January 9, 2018 be approved as recorded. Carried Unanimously 4 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Page 1 of 12 Page 9 of 401 City Council January 23, 2018 a) Councillor Kerrio indicated a conflict to report L-2018-01, he is an adjacent property owner. b) Councillor Pietrangelo indicated a conflict to wire transfers to the Niagara Catholic School Board, his employer. c) Councillor Craitor indicated a conflict to wire transfers to the Niagara Catholic School Board, where a member of his family is employed. d) Councillor loannoni indicated a pecuniary interest to cheque number 411579, made payable to herself. e) Mayor Diodati indicated a pecuniary interest to cheque numbers 410510 and 411538, made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to family of Dorothy Morrow, mother of Terri Morrow, a city employee; William Kerr, grandfather of Allyson Keighan, a city employee; and to Gilbert Neufeld a retired Platoon Chief with the Niagara Falls Fire Department. Mayor Diodati announced the Winter Wonderland Charity Ice Wine Gala took place. The next meeting of Council is February 13, 2018. 6 DEPUTATIONS / PRESENTATIONS a) Big Brothers Big Sisters Jon Braithwaite, Executive Director informed Council about the upcoming Tim Horton's Bowl for Kids Sake. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that City Council enter a team into the upcoming Tim Horton's Bowl for Kids Sake on March 6, 2018. Carried Unanimo b) Emergency Shelter Angela Peebles addressed Council on the idea of Emergency Shelters for the Homeless. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Page 2 of 12 Page 10 of 401 City Council January 23, 2018 Councillor Carolynn loannoni that Debra Nanson be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that Diane Monroe be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the City endorse the creation of an overnight shelter for men over 30, and coordinate meetings between the Region and interested church/service groups and mental health/addiction professionals, with the idea of opening one as soon as possible and that this meeting and the need for host centres/volunteers be advertised through the City's website, local newspapers etc. and take place at City Hall with date and time to be announced and that Councillor Campbell offer to chair this committee to bring together organizations that are out there to combat these issues of a similar cause of homelessness and hunger, and for the City to take on the coordination of these groups. Councillor Pietrangelo also noted that he would like some additional promotion of No One Goes Hungry Niagara - next event at Fireman's Park on Family Day at 3:OOpm. To promote this event by having a link to the City's website and Facebook page. Carried Unanimously 7 Reports a) CD -2018-01 - Use of Corporate Resources for Election Purposes That Council approve and adopt the corporate policy dealing with the Use of Corporate Resources for Election Purposes (Policy 400-39) attached as Appendix 1 to this report. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously b) F-2018-02 - Monthly Tax Receivables Report - December That Council receive the Monthly Tax Receivables report for information Page 3 of 12 Page 11 of 401 purposes ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimo c) F-2018-03 - 2018 Interim Tax Levy City Council January 23, 2018 That Council approve the 2018 Interim Tax Levy calculation and by-law providing for the 2018 Interim Tax Levy. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously d) F-2018-04 - Municipal Accounts That Council approve the municipal accounts totaling $41,174,062.51for the period November 8, 2017 to January 10, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously e) L-2018-01 - Fallsview Pedestrian Bridge No. 2 1. That the City enter into an Encroachment Agreement permitting the establishment of a pedestrian bridge across Fallsview Avenue. 2. That the Mayor, Acting Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the Agreement. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously with Councillor Kerrio declaring a conflict Page 4 of 12 Page 12 of 401 City Council January 23, 2018 f) PBD -2018-01 - DOW -2016-003, Commercial Building and Facade Improvement Grant Approval Amendment Request 4458 Queen Street Applicant: Niagara Radio Group Limited (Andy Ferri) That Council approve the request to amend the approved Commercial Building and Fagade Improvement Grant to include the costs of new windows. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously g) PBD -2018-03 PLC -2017-003, Request for Removal of Part Lot Control Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Plan 59M-426 Chippawa West Phase 2 Stage 3 Plan of Subdivision Applicant: 1392927 Ontario Inc. (Lancaster Homes) That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Registered Plan 59M-426, as exempt from Part Lot Control for a period of two years. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously h) PBD -2018-04 AM -2012-009, Zoning By-law Amendment Application 6871 O'Neil Street, Applicant: Greg Davidson Removal of Holding (H) Regulations That Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation from the subject lands which are currently zoned R3(H)-969, in order to permit the existing building to be converted into a single detached dwelling. The applicant must obtain a building permit prior to the conversion of the single detached dwelling. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimo Page 5 of 12 Page 13 of 401 City Council January 23, 2018 i) PBD -2018-07 Matters Arising from Municipal Heritage Committee 4761 Zimmerman Avenue, Bampfield Hall 8196 Cummington Square, Chippawa Town Hall That Council approve the proposed alteration to 4761 Zimmerman Avenue, known as Bampfield Hall. The proposed alteration will not alter the reasons for designation. That Council approve the proposed alteration to 8196 Cummington Square, known as the Chippawa Town Hall. The proposed alteration will not alter the reasons for designation and will assist in the continued preservation and enhance the community use of the building. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously j) R&C-2018-01 - 2017 Annual Update from the Public Art Advisory Task Force For the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimo k) R&C-2018-04 - The Niagara Parks Commission and the City Licence Agreement -Willoughby Historical Museum That the City enter into a Licence Agreement with the Niagara Parks Commission ("NPC'), with respect to the use of the interior of the schoolhouse, washroom facilities and parking lot located on the NPC lands for the purpose of operating a historical museum known as the Willoughby Historical Museum located at 9935 Niagara River Parkway, Niagara Falls That the Mayor and Clerk be authorized to execute said Licence Agreement. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 6 of 12 Page 14 of 401 City Council January 23, 2018 Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Councillor loannoni exited Chambers. a) The National Eating Disorder Information Centre - request that the week of February 1-7, 2018 be proclaimed as " Eating Disorder Awareness Week (EDAW), in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously b) Greater Niagara Coral Show - Request for the waiver of a sign permit of $150.00. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the request to waive the sign permit fee be approved. Carried Unanimously c) The Rotary Club - 20th Annual Trivia Niagara will take place February 21 st, 2018. Tickets are $35.00 each and $280.00 for a table of 8. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council purchase a table. Carried Unanimously d) Ontario Good Roads Association - seeking reforms to the Municipal Class Environmental Assessment process. Page 7 of 12 Page 15 of 401 City Council January 23, 2018 RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council support the communication. Carried Unanimously 9 NEW BUSINESS Councillor loannoni returned to Chambers a) Beaver Valley ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Carolynn loannoni that the Beaver Valley Pond Sewer Separation, referred to in Tab 10 of the 2018 Capital Budget, be addressed as soon as possible to eliminate some of the basement flooding Carried Unanimously b) Mobile Cancer Screening Coach Bus ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that Clarke Bitter be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Kim Craitor that staff contact the Hamilton/Niagara/Haldimand/Brant Regional Cancer Program to find out how we can get the mobile cancer screening bus to Niagara Falls. Carried Unanimously c) City Leased Lands ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange That staff bring back a report showing that any land leases that the City has with the idea of putting first right of refusal if we choose to purchase or start the dialogue with the landlord. Carried Unanimously Page 8 of 12 Page 16 of 401 City Council January 23, 2018 10 PLANNING MATTERS a) Public Meeting 26T-2017-002 Winzen Niagara Draft Plan of Subdivision 4825 Pettit Avenue Applicant: Winzen Niagara Homes Ltd. ( Raymond Zenkovich) Agent: Upper Canada Consulting ( William Heikoop) Background Report: PBD -2018-02 Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. The Public Meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously b) Public Meeting AM -2017-016, Zoning By-law Amendment Application 5587, 5591, 5609, 5619, 5627 and 5637 McLeod Road Proposal: 8 Storey, 70 Unit Apartment Delling Applicant: 6846360 Canada Limited ( Michael Kemp) Agent: Michael Allen, ACK Architects Inc. Background Report: PBD -2018-05 Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. Michael Allen, representing the applicant provided Council with an overview of the proposal and asked for the support of Council in this application with the consideration of removing the (H) provision at this time. The Public meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Page 9 of 12 Page 17 of 401 City Council January 23, 2018 Councillor Mike Strange that the report be approved with the removal of the (H) provision. Carried Unanimously c) Public Meeting 26T-11-2017-003 & AM -2017-018 Terravita Draft Plan of Subdivision and Zoning By-law Amendment Application 6486 Mountain Road Applicant: Kenmore Homes (Niagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting (Jennifer Vida) Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. Carmela Maddalena, 726 Queenston Road, NOTL, expressed concerns regarding privacy. Fran Risi, 2431 Colangelo Drive, expressed concern with loss of privacy and not adequate parking. William Heikoop, representing applicant, provided Council with an overview of the application and asked for the support of Council. The Public Meeting was Closed. that the report be approved fencing and trees be included at the site plan process. Carried Unanimously BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a first reading. Carried Unanimously 2018-04 - A by-law to authorize the execution of a Licence Agreement with The Niagara Parks Commission, respecting the lands and premises known municipally know as 9935 Niagara River Parkway, Niagara Falls, Page 10 of 12 Page 18 of 401 City Council January 23, 2018 Ontario, which lands include the schoolhouse located thereon, the washroom facilities situated at the rear of the said schoolhouse, the parking lot and the grounds. 2018-05 - A by-law to designate Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Registered Plan 59M-426, not be subject to part -lot control (PLC -2017-003). 2018-06 - A by -Law to Authorize an Extension Agreement Relating to Inter -Municipal Transit Services Within the Niagara Region. 2018-07 - A by-law to establish Reserve Block 72 on Registered Plan 59M-426 as a public highway to be known as, and to form part of Tallgrass Avenue. 2018-08 - A by-law to establish Reserve Block 73 on Registered Plan 59M-426 as a public highway to be known as, and to form part of Tallgrass Avenue. 2018 -09 - A by-law to provide an interim levy of realty taxes 2018-10 - A by-law to amend By-law No. 2012-102 to remove the holding symbol (H) on the Lands on the north side of O'Neil Street, east of Dorchester Road, to permit the existing building to be converted to a dwelling containing up to 3 dwelling units (AM -2012-009). 2018-11 - A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated December 29, 2017, to permit the use of the Lands for two semidetached dwellings (AM - 2016 -021). 2018-12 - A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2018-13 - A by-law to authorize the payment of $41,174,062.51 for General Purposes 2018-14 - A by-law to authorize the execution of a Lease Agreement with Niagara Falls Humane Page 11 of 12 Page 19 of 401 City Council January 23, 2018 Society, respecting the lease of a portion of land for the purposes of the construction and use of a leash free dog park to be located at, 6025 Chippawa Parkway, Niagara Falls. 2018-15 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of January, 2018. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a second and third reading. Carried Unanimously 11 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 8:05 p.m. Carried Unanimously CAO Mayor Page 12 of 12 Page 20 of 401 December 29, 2017 Mr. Billy Matson, City Clerk City of Niagara Falls 4310 Queen St., P. O. Box 1023 Niagara Falls, ON L2E 6X5 ATfN: Council Dissertation Dear Billy: Via Email i� RODNEY PENTLAND MEMORIAL I kindly request the opportunity to make a dissertation to Council in February 2018 regarding the 11th annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show taking place Wednesday, March 7th at the Greg Frewin Theatre. The Funniest Night in Niagara will feature some of Canada's best stand-up comedians and rising stars, including show headliner, Jeremy Hotz! [Please note, Jeremy as show headliner is embargoed info until Jan. 191h] As before, event proceeds will be donated to the Niagara Health Foundation in support of Dialysis Care in Niagara. We would appreciate City Council's consideration of the purchase of eight (8) tickets to attend. Tickets start at just $30 and can be purchased from the Greg Frewin Theatre by calling 905-356- 0777 or www.GregFrewinTheatre.com. Sincerely, A/ Dino Fazio Founder & Co -Manager The charity event was renamed in memory of comedian, Rodney Pentland, who passed away in 2009 from complications related to kidney disease. Pentland, who grew up in Niagara Falls, continued to entertain crowds throughout his long battle with renal disease and was best known for his outstanding impressions of Robert DeNiro, Marlon Brando and Bill Cosby. To date, Komedy for Kidneys has raised over $61,000 in support of Dialysis Care in Niagara. Page 21 of 401 Teresa Fabbro To: Bill Matson Subject: RE: WFOL From: Tina Myers [mailto:Tina@wfol.com] Sent: Thursday, February 01, 2018 10:42 AM To: Bill Matson Subject: WFOL Hi Bill, The Festival would like to present at the February 13th Council meeting for the OLG funds. Please let me know what time. Thanks, Tina Tina Myers Executive Director Ontario Power Generation Winter Festival of Lights Scotiabank Convention Centre 6815 Stanley Avenue, Niagara Falls L2G 3Y9 Phone: 905-374-1616 ext. 5301 Cell: 905-351-0728 www.WFOL.com MAKE IT YOUR WINTER TRADITION -November 18, 2017 -January 31, 2018 r„ �WVixl�� Please consider the environment before printing this email. This information is intended only for the use of the individual to whom, or entity to which, it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this transmission in error, please notify the sender immediately and then permanently delete this message Page 22 of 401 Page 23 of 401 Page 24 of 401 uj IL Page 24 of 401 Page 25 of 401 ul .0 41 C) u ry 0 N 0 C, cq41 CD Ln 0) CD 0 (fl 0 M Nc c LU) 0 ko -r- -0 0) T---1 C: 0ani p N N 4 4�r 0 0 0 6� -0 > C)N 0 a) 41ern Ln i�3 . c: a) Cj) Ln CD rIj 0) M;p n > F 0 Ln C: C) Ea ® c N U') > ul E Ln E m Ln -o Ln 0 41 V) V c 0fO 0 CD fu Tq E 'Le m 2 LM CIUD.- - . L-0 N -�e 0 CD >- w rq -t m- 4u, E C: 41 0 0 N 0 Ln 0 fa > Ir w > J2 fu :3 Ln c V) Ln•LL -0 >. La � -0 41 C: fa 4� Ln Oso u _ 0 c 0 a) > 0 — LL c -0 _0 41 a) fu a) U 0 r- 4 L -a) ai -0 S- 41 fu 0 (0 -0 O L 0 n 0 a) Ln CL0 ML CL 0-, c N 0 'd Ln Ln >, 'n -0 0 > 0 > a) 0% C: E a) -T< m - 'd 2!- %- w -0 4-r ru a) x 0 ru 0) 0- 4� fu 41 u c u CU fu 4-1 0 0- E CL Ln ai CA 0 cu �F u X 0 m Ln 0 CD U� Go CL CL 0 W -0 C)o -0.2 0 CA E OL 0 ru E4� (0 0 j,:, Od c: c u w Ln ray C: -0 a) m 0 E C: V 41 0 OL 0 U 0 CL E 41 m a- X 0) 0 c: Ln Ln u E 0® 0 C: " (a 41 0 Ln 'Z 0- un OL 0 Page 26 of 401 \. y � /< \ � ., \ \ s:/�� \ : � � < . � \ �� > 0 N v m a Page 29 of 401 a v > 6 ® -M _ ® 0 v C:f > 0 0CDCD o o a as a o D S ® v C� 0 0 S a \ \ o \ v ® o o U 0 o ko ® 0 0 w of U 0 0 w 0) U 0 0 (D 0) u 0 w 0 0 0 0 w 0 0 w 0 0 w 0 n (D rq ako Ul m :3 :3 o 060 o, N LLJ I N v m a Page 29 of 401 a v > 6 ® -M _ ® 0 v C:f > 0 0CDCD o o a as a o D S ® .L o v C� a L o S a \ \ o \ v ® o o U 0 o ko ® 0 0 w of U 0 0 w 0) U 0 0 (D 0) u 0 w 0 0 0 0 w 0 0 w 0 0 w 0 n n N n ako nZ m :3 :3 o N00 LLJ I N v m a Page 29 of 401 a v > 6 ® -M _ ® v C:f > 0 o o a as a o D S ® .L o v C� a L o S v° 0 0 v 0 v 0 v 0 v ® U ® v 0 U 0 v 0 0 as 6t V 0 as U 0 0 w of U 0 0 w 0) U 0 0 (D 0) u 0 w 0 0 0 0 w 0 0 w 0 0 w 0 n n N n n nZ m :3 :3 :3 m N v m a Page 29 of 401 Page 31 of 401 c 0 iow- r_ 0 Do O In 1& IZ, T lz�l Z � Z. .2 r_ 0 M N M LL. m Ch to LL m 0 vi- LL m 0 L—LI .2 c x N Ln Z, .2 L. r. x Im Ln Z: IZI, Tr, ---ll iz� 4� .2 L. r. 0 C) 00 In In In M M M LL LL x Z, z z LL to m CA LM j* IP6 m Nm M V -N� -N� 0 M z zz 11 Q3 M LU 0 4 41-2 u Ot IL u 04 0 z 0 r a)uj CL ctn �21 "6 0. IL M W z cr 0v u uj rz I�b U, CL LU Page 31 of 401 I I f 0 N LL ch 20 91- z 2 x LL Li 0 N tm in - .La z Q- (A r lu \,-I \ Page 32 0 401 I I 'we I 0 LO Page 33 of 401 C:) 00 C:) C:� C) C:) C) C:) Ln NLA C� C� CD U) M Lri Ln Ln L'i. ift CD C:) C:)C) ,=� 0 c) CD CD C) M - CD I C:) 00 r'! rn CD- M L'� s0 0 Ln r4 -b9- r1i C� C5 -, c -, cl CD 00 --z cy� -4 ]a C) 11 6 rr", CD CD CD CCDD 'CED 'CE C:, Ln C) ® -61�- CCDD ISD in C� C:� IOU' M 18) 06 CD -61 fN al C31 9A w En c un Q) Im Ul c w c 0 76 > Ul Q) fu a .0 m .0 'd Ln Ln im V) Ul 75 (a u E _0 > ru a) u %2 _0 > TI - fu ru 0 u .7 A Ln (n (D c (a 0 :3 En 0 12(D -se U _0 0 — C: a) o En a) fu a) Ln M Ul 0 E .- Al- 0 Ul IE5 M m u 0-ro fu fa s_- 0 V aE E cu w CL u 00 0 0 LO Page 33 of 401 Page 34 of 401 r fy r s f r • E ,r 40 1 y 1 ■ 1 A• / r s 1 1 s r s ■ ! ' s s ■ ! K s y f « V f / Page 34 of 401 Page 35 of 401 M w O O v cn 4 try n ti tn- O -a CD r ® ® O CD ® d''. O O O O �i Ln w ■ h h � O N O O O J O O rn OLn in C` C CD00 ® CD CD ® CD d rV ® U) o o ® o M d Lri ® kO ori d O ifs ui ,-i lun) h O O ® O r a N N ®® ® 0 o 0 0 CDa r1w ® ®S, a ® ® o Ln CD O CD 00 Go CD CD I'l m — — VY i 01 EA M cn i N cn cn m VI oJ ;r e o ea CLa of o o U)n Ln - n a E ® N u �7 w fu 01CLEE E L c C v o i 42-1 u :3 LOw r'a cn u cnLn P Y o E `6 V) :3fu v U c c a d ® u u v Q? cu ai - V dof a)CLm u ® O O O W C7 w N Page 35 of 401 I I 0 C" C) C) C� C) C) rl) C) U) C:) 00 C) m CL 74 P% N C) CL C) C) 0 00 ;- C:) 00 C) JT m C) Ln C:) 94 CA ,4- 6 CD CC DD CD CD rq NMri - "d, Coo, 'C' C, C, CD C:) LO C:) C) C) C) om. OLti- CD CD w -b9- -u+ ffLn V) C:) --I 01 cn 01 V) Ln V) C: C: ul Z-1 0 OLw ru CL ru 0 OL _0 :3 OL x ai 0 B fu x _0 E 2 ry cu QjE 0- u OL 0 0 a a) < u 0 0ru 12 -0 x 2 ru F m CL Ln LL 0) Qt (n Q) -he 0) E rru u u 0 > ru _0 ui O LO Page 36 of 401 Page 37 of 401 r w • • • ■1{ i" T 4. * d gap r'- 7; f f • i 1 a, • 1 i f • ~ S f 4 Page 37 of 401 Page 38 of 401 ti v th C) C) C� re) co Ln —I CD C) C) C)C) CD C� CD lz� uo Ln Ln Ln N 0 U) lz � .j rlj -b9- t FA cc 4) CL -E E Ec 0 U a) uj 41 0 CD CD C) C) Lr� C: CD Ci CD C� C:) CZ) CD C) 00 CD m C) Ln IA - Ln 4 -Fl- CD CD o Ln CD C) CD Ln all fn oCD N CD CD Ln C� CL rl) U) C) CD (N -b9- 5 C:) CD E) 0 In M N ift CD -b9- Ln I le vil V) C 0 fu V) 0 r- V) :E a) 75D > Ln Ln E MA aLA u V -ffi 1� 0 in 0) 70 Z5 cu 0 u M w o En Li 42-1 U) 0 u LA Ln a) Mn u "I F- -se c Ln r_ u M U E E (D CL tE 0 0 m IE N Page 38 of 401 Page 39 of 401 r w e' I f w i i � f i f W y s WI, IWO i IIIWO i f / i 4 Page 39 of 401 Page 40 of 401 r ff r4 C"I 14 r4 C2 m llW � 4 5 } rM Y M A6 "y 4N i i LU • E-1- a) ',, ui # f 4 Cr f > f N M V-^.. ,, < ',.. Page 40 of 401 Page 41 of 401 r w • to !'± •k l 1 co 0 lu •', E Ln ■1{ Ln f f., •... •;; C' Ln CL �...,. f Ln 0 1 s, I 42-1 4 Page 41 of 401 Page 42 of 401 r w 7i r r i lr W d� iglu o� # # r r', 1 # # 1 s .« r 1 � Page 42 of 401 I 0 -1 N Ln 0 ce00 00 o LO V) 0 M m m m 9A CD 0 0 u CL 0 c7� Lnas 0 D L ru fu M o w m 0 0 01 (n ru 0 0) 01 fu 0 0 fu 0 D u 0- U :3 z Z E 0 < u E 0 LL 0 V) fa > r_ u0 to 0 fu 01 i� u c6 u o u ru U - fu 0 uO Eu Ln z Z N ti o 00 0 -0 ® C:) 00 a son a a C,: rO vl O m m2 ra 01 (a ru 0 0 01 6t 0 > fu U = ul U) z O 42 rcl 5 E < E 0 E 0 u LL 0 . m u U 0 V) V)0 V, 0 :3 m 2 u fu u U- (a m fu 01 Eu Eu z z LO Page 43 of 401 I Page 44 of 401 Page 45 of 401 . r y s, w r ■1{ • i i • i; t s • 1 s, A: i . J s r 4 Page 45 of 401 I Page 46 of 401 Page 47 of 401 �u cb %D Go "' R v "aaa .; 0 D m a 0 00 L, Ln M o Nco oo 71-on N 40 74 ® a n o N M N Ln N uuuuu. L CD uj 0-1 a- r.-4 � ..MNN� x FA ar u o a v-, ) C o ® LU a v o. � 0 0 +J a� o > 0 ® a, - n = CD a 0 Ex V) m muj u CA a (D Yam e c° u 0 E 0 'nn O ® v >� �® vC: ®� m CL "- - ' a� d -0 -o w E ® � ru ro ¢ U) C3 m N Page 47 of 401 Page 48 of 401 t, =00000� � M v ,- =^� MMM .. N 0 ^ Ln Ln ® M L, a a o M m � m uuN M L 1-4 ® M -4 ..A FA J va C U > n D ® w ® ® Y Q ® i � ® O fuC U ® = i ' ® CEJ Ol M > U O [n uj d -6 r- Q :3 3 v C V) 7 tlJ a v >p U ar � ® U i ® CL C ®cUr� ® Y ® W uj � O U w D o Page 48 of 401 Page 49 of 401 % _NLn ,�4 Ln _\\$\\ C:rj rq / $ \\\\ / : LM \ e in uj N _m \ \ $ \ ± g 2 _00 ~ C'Q rq 'D \ / \ 0 e � / ra � \ j \ - \ ( � _ e \uj LU \oil \ > 3 � � e ooE ) n/= \ LU )§\q- k � ® ® o e \ \ Page 49 of 401 Page 50 of 401 Page 51 of 401 r wf u i l� k,r r�Y ✓ ;t �a �l s hl qJr r a / N / s f JhP s s s r a • r i f ■ f � i • f � y Page 51 of 401 I I I I I 0 I LO Page 52 of 401 ■ I I I I 0 I LO Page 52 of 401 Page 53 of 401 Page 54 of 401 M ® N o N v m a o ul Ln FA h L, Ln Ln0 o ® o 00 fa uu IA W c o E Ln El ce c 2r v v x LU LuR Op a co Ln Ln 6 v v J ® a a rf, Ln M r, O N R Ln e a e c° v v o M � w d N Page 54 of 401 Page 55 of 401 M o � m C) a Ln o Ln o _ LLn 74 0 w 0 0 C h � 0 o a a Ln41 uuuuu. � o r "' o N o c� El Ln wl v w CY 0 M 0 M Ln Ln 0 a� J o n, o Ln v a Ln e _ 0a _0 e v v Ln uj Ln LO W w d N Page 55 of 401 Page 56 of 401 --- -- ----------------------------------------------------- 111111111111111111111111111 tj. ge in im w m in r4 m im 0 m v m im w Menti "i %a [A M [Alt [Am In"t u rM r,4 Ln t.0 pi'� co l.O rn UD (In "I V- I l M I n V- C, I V- Ln rq 0 z 77 u -g� -j MIX ul W1 0 Go 0 m P% N lit W4 Ln m In F4 P% 0 m r 0 C) r�4 CD r� IN CD 10 In rq 'r, v 'T I 'T Ill V- - 0 m g� M h 11 00 ED r'j I n 1� _j V- i n V- V- iri M 10 Qj qj qj q) Q) q) 111111111111111 1r t1 1111111 Cj Q Q (3 Q Q Q Q Q (3 Q Q . . . . . . . . . . . . V) .0 'd ai E E (n ru tj Qj ru a ru u z :3 01 0 0 r- 0 a) 0 0 z E 0 uj 0 a) QH ru ru 'A LA CIO IN > LU Z3 a au LU CY Page 56 of 401 Page 57 of 401 ij 7 e +rain xji avid %% dna �u i m w m m� imlu r o� r r r • 1 r 4 Page 57 of 401 Page 58 of 401 M 000000�°� � v 0 o Uo 0 0 o, a� 'l 11 Cx) � ti ti o 00 h h 0 0 Ln o tri r-a Ln Rt N N Im 0 0 0 74 PIPvrl 0 0 � N ® r' ' o 0 IIIIIIIIII ti L 1-4 in N ' M Id' I erg h a C o rl) � /"t II C1 a U-) �,O U7 %D ®Ch � Q O L O N M O 4 O dC° B O dC0 N Rf rz L �6 J i d C Q t® .Q Q v V lu ® O Ot ® N ® ® %D h Z w N Page 58 of 401 r, D oD o C 00 0 0 I I r M v a LO Page 59 of 401 r r # i >f is . ' , izl- + 1 1. 1. , y / . 1 1CL . . MES/ ,. �... ,: . Lnu i / f y i . 1. .. P f i 1 / + iLn E cc . i . i. / # i y 1 i / 1i / Cyl fi. , E I r M v a LO Page 59 of 401 Page 60 of 401 0 M q 00 W4 N u rp (N 00 rl rl z R,,-2R o U cS c5 a 0) aCD 0 CD 0'1 LC) C: CD -- -- ------- -- W Ln Do %D rl rq CD 00 00 Ln Ln 0 C, -- R L41 rj C) C) 1-1 00 -Q ORD -- -- ------- -- ---- -- Li Li 3 _0 0 :E 0 u u u j2 y 0 Fn u :37a 0 :3 -92 Ln u OL Ln m z U 0 0 U -j CL u :E u u 0 z LU (D tli .2 -a -a -a N S-- 0 u () In Fn u u u 0 Page 61 of 401 Page 62 of 401 �ofof ® N N a v CD N r14M Lna r"Y o o U nrl, n 0 ® 0 J rl r1 \ N o \ T o N O N O N E 0 UD 0 0 0 0 0 Rinl0 N N ge N CD N r O Lnx X r o Ln 1-4FAO �i u C J v iflND O a a m N m QGi h m m a O O O O O O O CDO uj C D O Ln O` O Ln p ® O N iR M ifr f\ ifl- O O CDN pop itr uj cau uj d Q t® uj m > QS O p Qs V- m rs C J Ln �� " Im � OO O OO 0 0 .� qy c) CD 6 W amino N CD CD D N Page 62 of 401 Page 63 of 401 ro �y M i gab;'0 i i r � ' 4, KK F , ri4111,�l 11,11 4 Page 63 of 401 Page 64 of 401 v a 0 h NQ N a 00 0 Ln 0 o D r M , re, Ln uuN FA C C: C: u a � 0 0 0 Ln as M a a a o a N ® N ® ® ® N N N o o fu0 �, E 0 E 0 Qj Y 0 E 0 v 0 o r ru n o ®rz -0 oE 4b aCD 0 o = o �' = w ai v 0 0 L r � ® z (D �' ) o c° v v w ti Page 64 of 401 Page 65 of 401 ® ® v wLn EA o f m o ar ai > a - > o c _ axi ru �_ �_ c o ® y u v -o 0'ru c as ru +' cC Ln o ® ® fu 1-0 O Ln O U) `p c -6 Eu 6 in fuca.L o u fa �° ay as n � + c -C'c in - c -0 Ln _ c �-' o a3 O Y '� cn 4: 0 '> o • _ u y •- c i ® Y 6 _ c o w I_- u u Ln u Ln O t w P6 c O -o 01 „ O ra L 5 t L O c4m " n E fa �as -oo= n 0 ca, Y fu :3 � ¢u u ru Ln w n n o _0 ®a ®", cro a w L a L ® ar a' ar c o C a) 0 0 0 o ami a� o u f in a = u o En o Y ,J _0 t fu T3 o o - c ? a) O o � O u ® 01 a Ln Ln v > r_ar c fu o m °0 a ® u OL w En 0- o iWn. ::30 n fu v fz E O a) `O a c O ; Page 66 of 401 v � ® o � o o, > a u LLcu ® > a) c E > ® = c 0 ® ® ® ar t n a U) ea > ro c u E E c a-+ a) _ cu a) w C m cn cn a) f6 61 a to c ®crr cn vs Ln U'l o- v O ® of ro ® ac ac :3u a) c6 O w a) 0 c ro u a C _ v O ® O u1 c Q1 ra m Q a Ln > _ c .i P6 yr a) a) _ H _ o c :3 L yr E w c o > U is a 0 c U a) to v c� ,O a ® CD fl c d 2 ® O ® u ® " 0, Efu Ln a v U ® ® d Q C(n O O cn vs vs vs vi ® .v a) °ro n. `0 O �6 > c '^ C ro 61 0) Ol Ol 61 Ol Q ru (6 cB v a) = _ _ _ _ = O n d I > cn m Q a) a) a) _ a) a) a) a) a) a) a) a) a) a) a) a) a) a) -o E m c a) M 0 0 L 0 O 0 0 L 0 0 0 0 0 0 0 0 0 0 0 0 0 a) : aAno ®F F F F F F F F F F F F Fz n cn c ® va N m a @j `O LD c a ai ro 0 ru o o > era a> a) O J cn n o a) ru qj c LL- a) W c c u > E > C fu CA :u ru @ O Q) Q) A-- a. Oe >. @ o a) u a) m a) ami o ® EE 0 v � v m Ln O 'ZI ') a) Ln ° E w c ai ® O cu_ ® ru o v v _ o = o c roc t a in -,u- C31c °i Qj ' ® a1 :3 ¢ u ® U ® c c O u 'C E ®�� " fa c of a) T c aCL = t ai m LL U fa U Q aa) c E Q) d (a 6tiate) ® ® ,cn D Y -IOU + ® fl c En v o Y E Q Y ; a- v �, v fu v fu_, ®: c a) c a u — o o a) r 0< cu LT 3: O -O r6 "0 a Q ® u5 j2a > , ® m U') ® U) cin - . c a ® c a u v C ® ca c 0O cn = Q O se0 a i c O MW 0) 1 6 O l ®C® e6 a) Y a c E c Vy s a) -o a ai c) O o c E a) ra a m 0u Eru " a a- 0 cn o t .NOa iOyO ea E O' 6 6E E )® � O OlE Ww E a � >a >y ® aca)6' ) ¢ m m m U t.L C7 C7 - - Y J nU6 E ¢A - - N Page 66 of 401 Page 67 of 401 / r n �( f I k�l J IIJi / y • h �/ YI !fR , y � d� C rr yY wad i y 4 f y y Page 67 of 401 Q cC Q Q m m m (J E S o � q ru 7; v a>fu i � (D m X >> a1 u S-- c m Q -u ® c 4e a� L o q � > ® o e E c c° fu® E E c —" e6 E 5, 'y u -E _ > v n (D c ® 0 0 0 En 01 ru f _ a1 v O O O O w w w fa> W - - - h W ii U U U U U U U U U U = = N Page 68 of 401 a _ ® _ 0 o �m :3u ru L U) Ln fu, o > -a fu ® o 01 � a fu w Ln ® «� u ®u -C .V, 01 o C Ln � m V a� fu _ o _0c cc ® Y ® > a� fuo 00 c m = o o a1 v v m > � *' :3o Qi o > ® y B a a o) c + V ::3 ® o M C CD 01 U `N Ea w w ®. D® U CL o 5 6t E > ® Q a� n �, o, a� ®° v a a f 0® d Y M -0 M a Q a. a EL a� a� (D a� � N �, �, a a u; a �>>® u v a a � >� Y Y Y Y® � J J n cr cn f- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Q cC Q Q m m m (J E S o � q ru 7; v a>fu i � (D m X >> a1 u S-- c m Q -u ® c 4e a� L o q � > ® o e E c c° fu® E E c —" e6 E 5, 'y u -E _ > v n (D c ® 0 0 0 En 01 ru f _ a1 v O O O O w w w fa> W - - - h W ii U U U U U U U U U U = = N Page 68 of 401 Page 69 of 401 , (x %LlT�il9 � 1 v .. w 4rq s A ^"2g �Nirs. fzaw 1 w t 4 1 f I ; � f � 4 i s Page 69 of 401 Page 70 of 401 0 d' ® o Ln Ln ® c[5 r - ru s `� a) V) c a >_ N N > a > ® V) a) c co 0 in 0' u rah L E ® fua wc c a) 0 0 a �- ®, .a c En t6 a n5 u) or a' �° aoi a) o _ N 0) ru 7a ru -, n ucai `�^ U E > o a) _ �; > c a) � a) c nQj .a �-+ o o o _ 0 UA c ® -: En i ® c' t E y q ru ra +� E 0 u 0 0 C) t6 .ti, = -` - t^ u _ 0 01 a c ay t-+ :s®i :N n : i u. '� ,6 i se- tll U E Vy `y c > -0 M N -0 is :30' 0 Y d) �-, 0 _0 y _ w CD o .Qi E Y ea a) �' a) n ra c 0' Q) aD u u a +, Cn a Ln cur, _ a>i ® LU ea -0 eu ® n ® a avi cu ® `a En o E o w J W a- 0) � CL CLa) ar a) L fu 01 - a) 1+0 M En ; Y o M co :3,r +-+ +-+ N -u_ a c c c c ® E > ® o 0- a) n o n a) n a) a) o > c as > a) > aa) > aa) > 0 o vi a) a) a) al 0 C o 0 0 O yr v c6 ru H H v J J J -" N Ln a) a � > ea o 3: 0- ea - a c ,J = c (1) cn - cn 01 Cl V) a) s u- >, Ln > c � n w Ln _� c v 0 - u m fl. > a a) Ln a�) 0 0 0 (a o s 0'' 0 c m N c 0 ' 0 } cn .r_ 0) 0)a Y c Q. y - ea o ® ® Ln fz ® m o a) ea _ m _ c o -Z-3= _ u cn u o' fua) o, c _ -® z2 ( o (a ®-® ®cn E m 0 o E CU 'c o W a) ra ,u c O O c 0 0 u u 0 0 .a OCL O s s a) c o o c c^ x x o o o a) c m m m u u d w w w w C7 N Page 70 of 401 Page 71 of 401 1 � 1 1 _rva 11 Y { �n r 1 r yw p 1 V V i V Ln i EnCL r ■ f i y C f Ln 1 / f 4 i; i i ! i V ii f f / t i s 1 � � 1 Ln M • 0 i aLA/ s i s i * / i a! * f cu f' i0 ru 1 1 / 1 ifu cu LA> >f W / k • • i 1 f 1 1 f 0 V V !t Page 71 of 401 aVUghts ONTAR10runtR USLIV GENERATION MAGARA FALLS * ONTARIO * CANADA Year in Review November 18, 2017 —January 31, 2018 Page 72 of 401 O TARIO tA GENERATION MAGARA FALLS - 01',VARK) - COODA For the past 35 years, when dusk hits Niagara Falls between November and January, the Winter Festival of Lights (WFOL) transforms the city into an array of dazzling lights. Whether guests are walking or driving though our 8+ km illuminated route, viewing our free entertainment such as unique firework performances, Laser Light & Sound Shows, entertainment by world renowned performers or celebrating all that Niagara has to offer by participating in Deck the Falls event, the WFOL is an annual celebration for local residents and visitors alike. More than 250,000 people and 40 coaches attended when the Festival was launched in 1982. Since then numbers and publicity has grown tremendously. More festival statistics will be available at a later date. At the beginning of 2017, the Winter Festival of Lights felt privileged to be recognized at the Chamber of Commerce 'Business After Five' monthly event held at the Cube Escape Room. On behalf of RBC Financial Group, the Festival was awarded the First business of the Month of January. The Festival was also recognized internationally in Tucson, Arizona by IFEA (International Festivals and Events Association) in September for being qualified for a bronze, silver or gold Pinnacle Award. This award is given to outstanding accomplishments and top quality in creative, promotional, operational and community outreach programs & materials. The WFOL was honored to receive Gold in the Mobile Application Category, ranking with some of the leading festivals and events around the world including the Kentucky Derby and the Singapore Garden Festival. Page 73 of 401 GENERATION MAGARA FALLS - 01',VARK) - COODA The following community members volunteered their time to organize and direct the affairs of the 2017/2018 Winter Festival of Lights. 2017/ 2018 Board of Directors Voting Members David Adames Chair Chief Operating Officer for the Niagara Parks Commission Sue Mingle Vice Chair Executive Director - Fallsview BIA Ann Marie Nitsopoulos Director Fallsview BIA representative Wayne Campbell Director Niagara Falls City Councillor Jack Custers Director Niagara Production Supervisor-Cogeco and YourTV Niagara Letitia DiBellonia Director Americana Resort Niagara Falls- Lundy's Lane BIA Jim Diodati Director Mayor - City of Niagara Falls Sue Forcier Director Director of Comm., Marketing & Public Affairs, NPE Inc. Lois Giles Director Commissioner - The Niagara Parks Commission Roman Groch Director Certified Financial Planner- HollisWealth Jon Jackson Director Executive Director - Niagara Falls Tourism Eric Marcon Director Howard Johnson - Victoria Centre BIA Joel Noden Director Director of Marketing, HOCO - Clifton Hill BIA Non -Voting Members Serge Felicetti Director Director of Business Development - City of Niagara Falls David Jovanovic Director Project Administrator - Lundy's Lane BIA Tina Myers Director Executive Director - OPG Winter Festival of Lights Bob Bolibruck Director Executive Director - Victoria Centre BIA Sarah Wood Liaison Senior Manager, Events, Programming and Sponsorship Development— The Niagara Parks Commission Page 74 of 401 2017 Staff Tina Myers Executive Director Brian Ceschin Marketing & Sponsorship Coordinator Janet Wilson Volunteer Coordinator Brianna Kane Event Coordinator Haley Bateman Event Coordinator Tatjana Jaluvka Event Coordinator Roanne Meijering Event Coordinator Page 74 of 401 ndance for the Winter Festival of Lights has steadily increased year to year, with over 48 -million -dollar economic impact and 1.3 million visitors in 2016. Over the past few years the Festival has shifted to get visitors out of their cars and participate in Festival events such as Deck the Falls- Holiday Walking Tour, 3D Mapping Sound & light Shows & Laser Light Shows. Last year Enigma Research provided statistics showing an 11% increase in visitors over the previous year. An overwhelming majority of these visitors travelled distances greater than 80 km to actively participate in the Festival. ��WtAxor- NiftivalAights As participation develops within the Festival three new staff members have been hired to assist in planning and executing events and other Festival requirements, bringing full time staff to a total of seven. Volunteer demographics for the WFOL have an approximately even ratio between male and female volunteers, with the majority falling between the ages 15-20, and 60+. The WFOL recognizes the student and retiree profiles as their main volunteer demographics and caters to the needs of these groups. By offering a variety of roles with different responsibilities, the WFOL Volunteer Coordinator finds an appropriate role for each individual. Over the past two years the festival has been able to incorporate a series of indoor events giving volunteers more opportunities to take part in the Festival without being out in the cold. Enigma Research Economic Impact for 2017/18 season will not be complete until the Spring` However, Dufferin Islands is showing an increase of 7.7% in cars and an 8.3% increase in buses. Page 75 of 401 NiftivalAights s year the Festival decided to take a new approach by including experiential and celebratory illuminations. Two featured exhibits were added to the festival for a month at a time each along with signature pieces to commemorate Canada's 150th anniversary. The pieces rented were brought in by a company from Quebec called CREOS. CREOS is a reputable company that ships, installs and tears down each installation they produce with each individual artist, saving the Festival on yearly RIMS. The two pieces from their collection were decided on for the 2017/2018 season 'Prismatica and Passage'. Prismatica is described as a 'modernized ice palace' featuring 25 pivoting prisms made of panels covered with a dichroic film. Each prism is mounted on a base containing chimes that sound when spun. As the wind blew, the prisms would spin creating a rainbow of light and symphony of sound while guests walked among them. Prismatica was hosted at the Scotiabank Convention Centre from November 17th to December 16th 2017. Passage was placed beside Queen Victoria Place Restaurant in Queen Victoria Park from December 14th 2017 to January 12th 2018. It is an 84 -foot tunnel of illuminated spirals that are triggered by motion sensors which continuously change the colors of the lighting add in ambient sound effects as people walk through end to end. We plan to continue working with CREOS and other illumination rental companies to bring in new installations during the Festival Season and continue wowing guests in the coming years. Recently, Amsterdam Lighting Festival contacted WFOL expressing interest in bringing artists' creations to our festival. In recognition of Canada 150, the Festival of Lights decided to pay tribute to our city and to our country by purchasing two illuminations that were placed on Lundy's Lane and on Robinson Street. 'The Niagara' stands five meters tall and is a pillar of breathtaking lights that shimmer down to symbolize the thundering waters that flow down Niagara Falls every day. Our illuminations team had the challenge of recreating the iconic Canada 150 logo. This logo symbolizes all the provinces & territories in Canada united as one through diamonds in the form of a Maple Leaf. Page 76 of 401 W(6*0r- NiftivalAights NIAGARA FALLS * 01%V'Ar?�Q * COODA We have increased the Festival grounds substantially, creating different 'nodes' for guests to visit. In each node there is a unique component to our Festival such as outdoor Laser Dufferin Island inclusion in the Light Shows, tours through venue lobbies Festival of Lights - over the top and an overall expansion of illuminations across the city. In The Winter Festival of Lights the coming years, we will continue is one of the reasons to travel to add different illuminations to Niagara in the middle of throughout Niagara, but keep our costs lower by renting interactive the winter. The display along illuminations from artists wishing to the River is great - as usual - share their creations at our Festival. This produces exciting but Dufferin Island just south surprises for tourists and local of the power plant was an residents, develops a relationship known extraordinary drive! with worldwide artists & will keep the Festival new and Fkl �m d S entertaining for years to come. 101 V kwmai-IC110112W8 trip ad v i 15c) III Page 77 of 401 NiftivalAights The Winter Festival of Lights and the Niagara Parks Commission have always worked very closely together to transform the Niagara Parkway into a continuing Winter Wonderland. From their help with assembling the Dufferin Islands illuminations, the addition of their median lighting and their contributions to ensure our Opening Ceremonies run smoothly- we are grateful for their cooperation look forward to continuing to strengthen this bond in coming years. In celebration of Canada's 150, Niagara Falls was selected as a national site to host one of the 19 Canada 150 illumination displays standing 6 -feet -tall and 36 -feet -long. This display was settled in its new home at the brink of the Falls for the year, adding in an iconic Canadian piece for the Festival season and creating a perfect picture opportunity for locals and tourists alike. 2017 was the second for Grand View Winter Marketplace which featured food trucks, local handmade gifts and live performances. This year the market expanded to include small holiday cabins for vendors to decorate and from which to sell their goods. The Niagara Parks Commission was kind enough to give WFOL a booth at which merchandise and Deck the Falls tickets were sold over the course of 4 days. The Niagara Parks Floral Showhouse also opened their doors past closing time to take part in Deck the Falls year two. Guests travelled through the Table Rock Welcome Centre to the WEGO bus loop, hopped on a horse and carriage ride to the Floral Showhouse and then enjoyed the indoor tropical oasis and refurbished outdoor 'Life on Display' miniature village outdoors. Page 78 of 401 This year Opening Ceremonies proved to be one of the more difficult years to execute as weather took a heavy toll on the planned show. Despite the weather, it proved to be one of our most exciting as Rick Mercer had a tour of the site while filming a segment of the Winter Festival of Lights and Niagara Falls for his 15th final season of the Rick Mercer Report. Through the wind and rain, Rick had the opportunity to test out a few pyro tricks onstage with the performers of North Fire Circus, try his hand at tree light wrapping with the Niagara Parks Commission's Arborist team, and travel down the gorge to set off the first round of fireworks following the evening's show with David Whysall ��WtAxor- NiftivalAights Fireworks. Rick's segment on the Winter Festival of Lights was broadcast December 2, 2017- leaving plenty of time for viewers to make the trip to Niagara and see the Festival's millions of dazzling lights for themselves. WFOL Opening Ceremonies has always been a rain or shine event. Despite the terrible weather, guests began to fill up the park prior to the first show in anticipation. VIP & Dignitaries arrived on site for a brief but breathtaking pyro and firework show that was emceed by chief meteorologist Anthony Farnell (and his dog Storm) from Global News. North Fire Circus and Dave Whysall Fireworks worked closely to create a night of family fun entertainment which included dancing and fire synchronized to music and explosives. Due to safety concerns, part of the Fireworks show was put off with the second show being cancelled. Guests still showed their appreciation for the first show and excitement for the commencement of the Festival's season with the car queue to enter Dufferin Islands lining up 3.6 km all the way to Murray Hill! Page 79 of 401 Laser Light Shows December, 22 2017—January 7, 2018 Laser Light Shows were presented four times per night for a 15 -minute show taking place at 5:30, 6:30, 7:30 and 8:30 pm nightly. The shows were free to the public and ran for a total of 16 consecutive days during the Festival on the east sidewalk of Victoria Ave. These shows took place during prime time for surrounding businesses as families were visiting for Christmas & New Year's. Nights reached temperatures of -30 degrees Celsius but there was an attendance of no less than 200 nightly. A returning component to the Laser Shows was the Interactive Laser Booth where guests could write a message or draw a picture in laser lights that was projected in lasers onto the Days Inn/ Appleby's building across the street. On weekends, guest appearances from our Misty Kids took place along with synchronized fire performance by Isabella Hoops. 3D Mapping Sound and Light Show November 18, 2017- January 31, 2018 The 3D mapping show has been showcased on the city -facing side of the Oakes Hotel Overlooking the Falls for the past three seasons. Running a 30 second ad to a full 3 -minute video, it entrances hundreds of guests along Fallsview Boulevard. Flashbacks of where the mighty Niagara Falls began and where it has advanced to, celebrities who have visited the city and important historical events. WFOL is planning on creating another stream of revenue by selling ad & logo space between shows. Earlier this year, Warner Brothers approached the Festival to create a special preview of their movie Wonder Woman that was advertised on opening night along with a Wonder Woman March and special fireworks show. Rick Mercer was also featured during ad time to showcase his upcoming segment on Niagara Falls. f NiftivalAights Page 80 of 401 R, RMSIM ��Wtgwr_ GENERATION MAGARA FALLS - 01',OARK) - COODA Deck the Falls December 1st 2"d 8tH Stn 15" and 16" Deck the Falls -a Holiday Walking Tour offered a self -guided circuit of 14 beautifully decorated venue lobbies in and around Fallsview Boulevard that was held over three weekends from 5pm to 10 pm. Visitors bought perforated tickets that could be handed in at each venue to experience unique activations. Each location was mapped on the WFOL mobile app, the ticket & paper print outs while guests could visually see 10 foot banners at every location and Ice Sculptures to guide them along the route. Activities ranged from gourmet food & wine tastings to fun photo booths, a horse and carriage ride & a tour through the newly renovated Niagara Parks Floral Showhouse. Not only did this open the opportunity to drive more guests through our events and the various locations that took part, but it also forged a better relationship between the Winter Festival of Lights and venue sites for future events and activations. Since we are a festival driven to bring back life to Niagara Falls during the winter season, we open the majority of our events to all ages. Deck the Falls is a recommended 19+ event, the only component of the Festival of Lights with an age suggestion and entry fee. Although we don't discourage guests under 19 to take part, certain areas such as the Casino, and activations such as beer & wine tastings were inaccessible for those under the legal drinking age. Staff members were assigned multiple hotels to check on over the course of the event while 1-2 volunteers were positioned at every location to assist with the activation, collect tickets & provide customer service to guests. Overall, 1,076 tickets were distributed with just over 300 being allotted to radio station giveaways and Festival giveaways. Page 81 of 401 Page 82 of 401 I ft , iftival(Amights NIAGARA FALLS * ONTAMO * CANADA Page 83 of 401 Heartland Sculpture Through the help of community funding and the Niagara Invests in Culture program, the Winter Festival of Lights commissioned local artist Adam Buller of masterpiece called 'Change.' Change is made of full ash trees affected by the This piece was then donated to Heartland Forest, a fully accessible nature center in Niagara Falls. )arkle Lighting Awards recognize the best residential and commercial _property holiday light displays in iagara Falls nominated by residents. The displays are judged on their overall appearance, attractiveness, creative illumination and color oordination. ��WtAxor- RiftivalAights Community Clean Sweep For a few hours in the Spring and Fall, WFOL Staff & volunteers along with members of the community congregate to clean up our streets and keep Niagara Falls looking beautiful. Meeting at Oakes Park, WFOL Staff and volunteers suit up and break into smaller groups to tackle collecting the litter that has ended up around our city. Page 84 of 401 RiftivalAights Kids Building Workshop Within the Festival of Lights, we often request one of our partners, the Home Depot, to participate in our events with their Kids Building Workshop. Teaching children the basics of building with a focus on creativity and safety. This year, the Kids Building Workshop was present at the Canada 150 Event. Heater's Heroes This past year, we had children from Heater's Heroes play a special role in our Festival as they assisted with a "flip the switch" on multiple evenings' fireworks performance. The Festival also gave an illumination tower tour to each child and family as well as the unique opportunity to change the lights on the Falls. Support to Niagara Casinos The Festival of Lights wouldn't survive without the assistance of our partners so when the Casino needed the community support with the issue of a competing Casino we rounded up all our volunteers and gathered in front of Casino Niagara along with other partners to meet with Niagara's MPP before the affair moved to Queens Park in Toronto. Page 85 of 401 RpPP_Canada 150 Funfest in the Falls ceple 6 ration of Canada's 150th anniversary Festival staff and volunteers took on planning and executing 'Fun in the Falls' in August. Over the course of the day, there were over 40 paid and not-for-profit vendors, a ballroom full of bouncy castles & courses, food trucks, a reptile petting zoo, aerial dancers, mini - paddle boats & axe throwing! A free day for all brought out large numbers of crowds all day long leading into a free 19+ evening performance by Canada's Juno Award Artist Matthew Good. Pumpkinfest at Heartland Forest Our Misty Kids joined staff in another trick -or -treat this time through the forest at Heartland Forest! Over a dozen mascots lined the all -accessible trail of treats with their handlers and f RiftivalAights Ir GAR IFALLS '* 011'%V f ,r?kQ + COODA Boo at the Zoo As door to door trick -or -treating has started to become less popular, Safari Niagara once again held a family - friendly, safe trick -or -treat opportunity with the 'door to door' treaters being hosted by local businesses. The Festival was excited to take part in this event and looks forward to it in the future! gave out candy to over 2000 children. An event expected to last 40 minutes to 1 hour lasted just over two hours so mascots took turns taking breaks during the walk. Page 86 of 401 Winter Festival of Lights is funded entirely from grants, corporate partners/stakeholders and fundraising initiatives including; a special event and voluntary donations received by guests of the Festival. A majority of our expenses are related to our programming at 46% and payroll and administration 24%. NiftivalAights More festival statistics will be available at a later date. For now.. . 491 motor coaches- surpassed the 453 from last year and 76,594 cars — surpassed the 71,098 that were recorded last year. Over $225,000 in donations, again exceeding the record year last year of $209,111. Page 87 of 401 Wonderful, I Love it I love living here in Niagara, Been a resident for SO years -hank you Niagarz :'s a beautiful place to live, no doul about it. Ozden Gunduz Facebook Review i I was lucky enough to get two tickets to Deck the Falls Holiday Walking Tour. I went with my mother and we both greatly enjoyed the wonderful event. The stunning light exhibit Prismatica at the Scotiabank Convention Centre, and magical horse-drawn carriage ride from the Table Rock welcome Centre to the Floral Showhouse are just some of the exciting things to experience. Sheraton on the falls had amazing spiked spiced apple cider and a Market Fresh cinnamon bun. The Crowne Plaza had a beautiful Holiday set up and vummv Hershev samples. The weather wasn't too cold, so walking to each event was pleasant. a fl� Catherine Maguire Facebook review W� 1j „ WtAxor- NiftivalAights NAGARA FALLS * 011'%V'Ar?�Q * CNIODA Laser DavldlA i� �'R Quantum ra 41 1 W, FENA INSURANCE COVENTRY .7 COV N 5 V () F, I A T ION N OLD STONE CC� 1%1, k"i F), 'V(,- If NLAGARA FALLS u r "'ry REVIEW moyl(milf 'The lv$taubao Av� THE TRIBUNE STAK",402.5 ,.Ci rol own. = 0 IWAT ave -A -Buck Page 89 of 401 Page 90 of 401 Page 91 of 401 U) 1, C / • O • U)4, w U • - •. 1; 0 '` ,. �, Jc: , O Page 91 of 401 Page 93 of 401 1-1 1-11 r N (fi 0 m Lid M (O 0 j O N - v _- N LO fes LO 0 CO fes: LO 0 O 0 O r Ci) C\l (i) 0000 00 r - (O (�O O O LO M " m O N "tr t (0 � M O r O ' O O r 00 Ca O O 00 Ln CMO ti M 00 000 0 r O Or 0c) O LO L L LO rf`+ r �oo cr)0a) Cq N d N r N 19i - Ef} 69. O CA 00 f` 0 O M CO (0 CA r f` N IIS N d' LO LO r 00 - qt r 0 O 0) 0 00 N 00 f` r f` M 00 CF) r fes- O M O 00 I CO f-� ' f` O Lo (S? r Ln I N M LO 0 : (0 M (0 (O (O 00 LO O � It LO r CF) r M f` Ln 00 Ln Imo- N 0) Nir N M f` M LO Ln - O 6 r r CEJ' r M' T- 6 C CL II Nm T CO M CO 0 CO O M r CO %"- V r -,I- � � 0 M N LO "t r 0 f` O • M N M CO '� - - (0 r r fes- (0 CO C7 r M CO- pl r C N r r Lid (0 (O CO N r 00 M (O 0 N M LO LO M O M O O M M LO fes- - O r N r M 00 M LO Ln O ' r r N r M V to 0 U- i luj 0 uj II 0 cn � U ' E 06 06 ILL L CU >% w (n cn uu uu • U •� uu • v) Q- 0) N IIS • N 'V < Li (D C 0) N " cn y- " a 0 cucn - L IIS CD o o C: m U U v IIS 0; c 0' 0 0cu 0 LLL L NE �' H F— cO c� • L m + t L Q �% �% i-� ��+ > E 0 Q O O w U F— Page 93 of 401 Page 94 of 401 0O ti O O N (\ O (\ O ti N 0 O O O 0 00 Ln O 0 M M 00 m r N O O O O r Ln O 00 O M r - LO i �0 ' M' � M 0 O N O ^d LO rl- 00 ao d- 04 Ln ti ao 0 LO ti ' M ' CN CN N W) r N � M d' N N 0 O ti N r U) r r r m O O 0- O Lid M 0 S N N m IIS 0 Ln O O O r CO O O r CO r r: O O Q (6 M Ln M 0 CO Li- N CO N Lid N Lid O N O 0 r r-. r N r- ti O N 00 w N LO Lid f`+ Lid O Ci) CO ti r ' Ln ' N N ' N 'd' ' (fl C) •IIS m N 0' ti Co' ti 0' O 0 co r� N o0' T- M r CO O O N CO O 00 CO Lid r V) O O O O O co CO N N Co h Li� T_ Ln r O 00 co Ln O r co O ti 00 1 Lid 0 - CO N Ln O O N CO O it r O N N 00 O (D 00 a) CO r- iii It LC) (D ti 4 0 ' N N ' N 'd' ' (D `m , • • 1 luj N • ccn II O _0 c n N LL ► IIIb,,, I� 1cn + n 0 �, O • E C: (D � 0 cu Cl) LLIIS � x E o ° 2-1° °.p a � 0 N 0 C co IIS ° L L > N'J O L to N -1-., S= O O O N J i N E O R3 II X:CU H H H 0- 4'.. 0 0 0 a- � i 0�� F� Page 94 of 401 W W T- O N M C� O L.L C� U) C� O O n O m C� O QL Al Page 97 of 401 4-0 a) L cr .0 � � Illyy 0 U L .� N L cr O a) N � IIS U) O 14-1 N > Q �) N a) O .O O N IIS O U O� IIS 0 cu N N 4- 0 O U > O L IIS 00 a) CY)a)70 o Cu CL CU cn TILL O cyi a) CU -0a) o 0 > 4-5 C/)N � � cu a) c N L > � •— U-0 N C 0 CU 0v N c U CU 4-5 a)CL ttt C/) O C N IIS a) Q v O Page 97 of 401 Page 98 O 401 a .. a) L— CD luj \ . # 0© 0 . /o \ # Ro . # �© CO . \ 0� \ 0 LO ; : ° ;: \ \ ` cu � . � : . � : . \ ��: � ) < ) : < a) � ° a) a) � \ a) E . »� � 0 , -0--1 a . « ~ > > \ � cu cu C: \ ) ) _cu? 70 ) ) ) � CN cyi . \ Page 98 O 401 ^L 4-0 W a) m V) Q a CL m O (.C). - O >a) � O •a) O > i O m CD O � O c U O � •p IIS 'O U C ^ CD CO ��_ O m'U O C ' > t U a IIS 4-0> M c >t Cly a) QL m U E , _ IIIILU I c O ' - O Q Ill yy III O m CO x CU cn . C: m O � O �I, 0 O _ �O � 00a)IIS O � m U) M a) O� O U) IIS IIS � III Page 99 of 401 U to 07 _ M LO m � 4- 0 C: M O M In C � E > , O O O C > O ' O C O O U O � -6-1IIS CD +� E CD. C: +� OO TO • O m -aO CD— p II� �� C M M U O O � M • x MU .� O O � IIS O >j C M �� ► c 0 0 OO O • O O O U CD UM }, C� I , O O M -a a) a) O U IIS ��0- E O � (D IIS � /• • • IIIA • � .U) • C: u 0 OO Ll I 0� U Page 100 of 401 Page 101 of 401 O O O M Q O O O 0) M' %� 4j)- NN � p OLr) Lr) Lr) M t!). t/) t/)- vi- t/� 0) ih • �I • LO LO C � X m � O +� II IIS EC W Z -0 c o C ca m c a luj a) U N Z Z;N co O i O N ' V) N m `+' N N ; i N O II O N N N4-0 V +� w N N N N +' 1 O u V) � N 0 �, U N (A 0 U C: N +-' c +, 'Z3 N +� N W s N O ru O m N 4- i IIS _ N N O O cw a CaA Q Q I—' IIII • Lm N U — N U f6 Nw U U cin m 0 , � Z3 � Z'3 � � "Z3 v ++ ■ U W CSC a CSC Q DC CiC H ;Ll 0 1 Page 101 of 401 Page 102 of 401 C: O cn 4--' }, Q a--+ a)a) C: cn •c O ° C:E m � 0 • � > 0 ca (n C +-+ C E L- L • � 70 _0 =3 +-+ • m a) C: a) m • i m X 70 to 70 L -U) N N — N +� •� O ? O 0 cn N N L ♦� � N O`er 70 � to � }, . U m N _ O rnN ate-+ cn N i U_0 m i • to N to NN • O N� • m is O X N O L � (a i C L LO O O � U O ate-+ • � cn .� cn Cn C: •- -0 O� U O O te N O • C:(n Q� }>—, M U L — � Q C:0) 0 2 � N O -4--O U U L U 4- O O N N • C M M N N -0> O i O C O X0 N LI.— O O C �' a U) cn O a)70 O U cn m J m U • • Page 102 of 401 Page 103 of 401 M O O l0 O O O d' 00 Q1 4j)- M ;/). 01 ;/). In ;/). M ;/). LA V-1 • IIS • � IIS O U � v I � � v • _ o o IIIA', °c� LU a N . u� u -° t LLIIS 0z _ NfB 0= ° +-j N c . V) O' — _ 6 0 4-j_ u IIS • > N (U � I i C) C) LL � III Page 103 of 401 Page 104 of 401 4-0 L- 0 O Q a) L i M • U Illyy O > N N 4-0 > O o CIO ° U ._ ti O }, IIS CU cn 4-0 N _ N > p O •� +r O O O v LOIIS •L N c cn}' cnO > O }, CU • E —0 N io c IIS N N to >_0 N CU O to cin _ U N 4 + ca Iluj O c;)'- U CIO X C: .4-0 EL cu>,CU OU • �ILL N M O O M O m 4-0 CU � IIS vU (n-00- IIS J IIS � O�� • Page 104 of 401 Page 105 of 401 v i U 110 00 OJ ate+ t X0.0 y 6 C L LL T NLL 6 C O = J Z O N OT CL N v .E D o O C C V Q N °° O IIIA + bn J X O in }, N OJ N Ol rl °I°mmmn -p CO H U U 0 u •E 'j i N O N O 0 O O Q � LL Q IILIIIIIII Q Q O Yf ,you VVVVVVVVVVVVVV V II O �� IIIII IIII 1 IIS Vhf J IIS Ln cn cn II„ • • � M IIII IIII N N00 w l0 Q O N N � O o I O IIII IILU IIII Page 105 of 401 4-0 U • O ► O • CD 0 L- O � C a) O IIS 0 4-0c E I'llu a� ° cn°a- O 00 O C • - > IIS • — x O a O mm 4-0 4-0 U) CL Ma) a) {�} O M IIS }' U a) C: 4-0 Ll -- 4-0 C � U = c O IIS •a) a) a O U 0) IIS C: CL� CDOC: • 0' a) U) � m � O - --+ l E C: 0 C: 4-0 � � U)� IIS � � a)E � O0 Q 0 J IIS C: m� IIS 0 A. -O m 0 • > O Li • 1 Page 106 of 401 Page 107 of 401 L � � r 3 w � O L W Q bA C N m H L r • v C C LL � y \ O r L LL r c u � Q. N E i+ .a O C a r u 7 CL N O LL N y LA U wwuu b�.p 7 O N O 3 IIS a •vii m a C X — LL ++ O. ` C Q m H s O O Q. Lulllll Q CO N O 0 N IIS N J IIS O TILL N 00 uu i N cru uuuuuuuu uufr 0 ......................VIII'.................................. �I� IIII V IILU , of Page 107 of 401 Page 108 of 401 1 CL •' CL 1 0 4-a0) QL 2 L- 0 a) > L- • CY) •' 0 , a) c- 0 cn, ♦^ t 0 cn E 0 1 • U) -0 • cC 4-a 0 m 4-a CL C/) E IIILU-0-i z Q:; , 0 CL C/)�ILL • O ►, 14-a U ' C/) ►' 4-a L- a) L- ' �ILU ►, ►. Q� ► , Cn Page 108 of 401 Page 109 of 401 • 1 CD 10-01 o 00 0 0 qzt Ln0 • Lli NN, r -I .... r -i .... e-1 18-01 Lr) Lq r -I 1 N • N L(i 1p 0 00 M N C6 ' r -i ryi N t/� r6 -Ln r -I t/� N t/� p t/� 4 L 1 u U .O < rH r -i r` rllj d M m 00 0 00 eT-1 > a) J CL X CO a) I M � N ON .. r` qt rr-I r -I r1 r -I 0000 M I:t M + N QJ Z _ C6 N t/� t/} r -i m 'O t/} t/� i/} �� oCD• ' d1 QJ lflOl o r -i 1p r, r -I N0 e-1 M r, O m L n I� 1 4-0 Ur r� fj r� rlj N m o a--+ ' m N O r1 rH V ' rM-I V/ m r -i � M N N C: III x C:s > (1)a--' o TILL QJ J U • Q N v; O L II V • > (D un c _ fB Q) ate-+ • • IIS Q7 L N � • 0 C: O o ILLI Q U II U U • Ll C) I Page 109 of 401 Page 110 of 401 Page 111 of 401 AM -A a) 0) 0) L n r 0 N (Y) O: (D 0 O o IT O w IT C) O O 6 QO O N IT IT O O o r I O N .. 0 O N .. to N .. N N O0 O O I 04 r O N 0 LO m M 0 e- T- luj `i � CO) `i Page 113 of 401 N � IT 0 co 0 0 O IT 0 0 o r I O N 0 N d' N 1 N co IT I* I r Page 113 of 401 r- 0 O O 0 0 0 O I O k. m LO N O: N C 0 1 N I- IT I* I T- Page 113 of 401 LL LL (D N 0 I— N •� /�� VJ O 4- 0 Q w Page 113 of 401 0 N C4 O k. O 0 0 O O r ti IT C 0 1 (6 L (X� O N 0 LO m M 0 e- 1 luj 0 � 0 Iq LO r r 0 ' Om O 0 LO 0 I d' Q V CO C� MN T O IIII II III TILL IIII IA W IIII IIIA Q I (D R3 L N IIID a) c L W 06 -Fu~ K L C:r� N i+ A=, `W VAN/♦ Page 113 of 401 Page 114 of 401 Page 115 of 401 U) U m • � V �^ l �U m.✓ mu ➢�f I Or- 1 Page 115 of 401 E E Page 117 of 401 Page 119 of 401 Page 120 of 401 Page 121 of 401 (D O IT o c0 O r ao m O o a) r o P c N T- U') a) Cl) _ N Q N N OIT C: Cl) d' 07 O 00 f` O U II Tl- O L P - c C:• � � co O a _ IT IT O L C: N > >I a) IIS L N >CO O � (D • N-0• (D M (D o luj C: ' o O N ► N O o IIS N N (A N � N 2)U J 0 • U)cu 0 W IIS N � U c z LU IIS CL x IILU c m C) 0 +� W J o � x a o 0� LL z F - Page 121 of 401 Page 123 of 401 m O O O m t- ao CV 07 O O 000 O O f` IT N U N O to!)- U 1 - SU O � V � (Dr (D O N O a) • O m � N c Ill yy - (Y) f` <3) O C (6 V C N v � a) IIS E CO 1 N a) • C: O IIS O O O Illyy 1 Ln O IIS -1--j II a) :3 O 1 cn N � cn � O C: � L u C: \ :3•• O IIS O U m N cyj C.) NCL IIS CL 0 CL IIS — m U - LU a a) a) O _0� � III a) X a) 4-0� p 0� LL Z H Page 123 of 401 Page 125 of 401 Page 126 of 401 w w 1, 1 , 1 % 1 1 � 1 1'IMP 1 1 *, III Page 126 of 401 Page 127 of 401 1 1 ! •, 1 w 1 • • 1 � • � • w 1 � 1 •i • � 1 l � 1 ! 1 l � 1 ! 1 •!` Page 127 of 401 Page 128 of 401 00 O 00 " CY) N r O N 4-0 • U') O CO r t=? N N .. N ► 0 • N 0 00 N lIqO O 4- O IIILLJCD 1 L N �II II ► N E N E N U U U ILL 4-0U NQ CL M fy LN II m 3t CO F - III Page 128 of 401 Page 129 of 401 r MN .� O O r' N M CIO O r' O' M C') 00 N M O c- d' N N O 00 Lid M O N N N U) O M 0 m M Co M v « r r r N CF) N r ti N' O� N' I M 00 r r r O d' O N O 00 Ln M r N M Ln 00 O co O O M Co r- r- r r r N 00 N - O 00 N O M IIS 1 IIS I p1 luj • 1 III • X co o c— n 1x n n n n n M co IIS Ln r r N co CO 0o ^^ Ln r r N .cu L N CU •L (a •L CU •L (a •L CU •L L •L cu •L IIS O (j, O O O O O O O N N N N U U U U U U U U W 0' W 0' II r U O r U' 1 M U 1 d' U 1 Ln U 1 Co U 1 f` U 1 00 U 1 O U 1 r wQ� 1 CO 1 'qr w 1 Ln w L C� Page 129 of 401 Page 130 of 401 1 (Y) (Y) Cfl 4-0 �- U) (D 1 O 6 ., O #f} {9} 6F} cu 1 I,,- (D M yy 1 } } CO } +) a) O 00 cn L a) :3 cu X0 -0 m U • 1,-::3a) E .-. c C:O C:_ p O• O p 1 O U U }, a) Cl) i Q cu :3M N (Cf O U 0) llyy 41C: cu U — N Illy � N ;� O 0) -0 1 N Cl) � j O con� oma)o • r_ (D IILL O E 0 0 -0 0 U) a) 1aD a � a� Ily _w cCf L Q a) 0� (D U) .E ry N� LL ' N a) — II (ti '�"' LL CO II Page 130 of 401 Page 131 of 401 Page 132 of 401 tD l© O O N - 10 N N N m r -I O' m n v � b- O c .. Q0 O m m m t6 t6 m r4 r - m m' O w' m N N m m m I� Lr) (3)m ri d' 00 ci -4 N N c -I N 00 r�4 00 00 18-01 00 v k.0 O; O m O - m m oo rH n CO N N c -I N 00 rl 4 00 O 4 N N rH l0 luj O d o © I� d' O O rl '© On luj lD O rl Ln m ify II m m O 0 � IIII - N N c -I c-1 lD 1111111 ILL c6 c6 U ru U + 0A • L C6 a= : ateJ ,F C6 U U E E L L 0Ubn 3 • Q) (/) W V) i > N c c IIIIIIIIIIIIIIIIIIIIIII 0A C6 C6 ru j ru ate-+ U IIIIIIIIIIIIIIIIIIIIIIIIII Ui p of Page 132 of 401 Page 133 of 401 c �0 °' o Of M ..I .w O II �IIIIII IIIIIIIIIIIIIIIIIIIIII� Ln 1i1 � M lug I IIIIIIIIIIIIII O NO.. luj �I��III�IwIw- IIII1111111 ' IIIIIIIIIIIIII IIIIIIIIIIu III MI IIIIIIIIIIIIII L Ll ' M I UO lD z `A. IIS IIIIII 10 IIIIIIIIII O o IIIII Ln II o Y IIII i III IIIIIIII Ln IIIIIIIIIIIIIIIIIIIII Illi O IIII IIII N .— M IIS �IIIIII L IN Ln I- L.L IIIIIIIIIIIIII IIS I IIII O II O O O O O O O o �, III II O O O k N -I -I -I O O O 00 -I iA O O O -.0 N iA iA iA III c c c iA iA iA c iA a2ae4:) jejol Page 133 of 401 Page 134 of 401 t� O.... .......... _.............. .._........... _. N q O Lr) " II� IIIIIII Lf1 1i1 lug � M i IIIIIIIIIIIIII III�I��IVuIw��.. �I� QIOMw IIII IIIIIIIIIIIIII M I IIIIIIIIIIIIII III�II I IIIIII� ``I LO 00W {/} CO, (IIIIIIIIIIII IIII HIM�^ ^'' W N II i Q 0 V Ln N C > Y � III IIIIIIIIIIIIIIIII i � III II III IIIIIIII � Ln IIII IIII IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII Y c O ri IIIA IIII IIII o � IIII V L O 3 Li 1 IIIIIII L U c -I .IIIIIIIIIIIIII u u .c L (III IIS �U O I II O O O O O O N -q O O O O k -q -I O O O O O O O O O O N O 0 -.0 -I t O O N III iA iA c iA i/} c c-IiA iA iA a2ae4:) jejol Page 134 of 401 Page 135 of 401 o ao un 1111111 � � IIIIIIIIIIIIIIIIIIIIII� _ o ruruILL lug M ......................,.............., Ln IIIIIIIIIIIIII tio � � „•,. r� Z �,,. IVuIwI'luj ��lllUlwlw- O IIIIIIIII IIIIIIIIIIIIII I llllllllllulill IIIII M IIIIIIIIIIIIII O O IIIIII� M o m I IIIIIIIIIIIIIIIIII IIIII � 0 N O I v Ln IN3 Y IIS IIIIIIIIIIIIIIIIII III i o II II II c Ln IIIIIIII 0 0 U W �m IIIIIIIIIIIIIIIII LID -0M 0) �n IIS U IIIIIII � IIIIIIIIIIIIII IIS O O O O O O O O O O IIII O � O O N O O O O 00 l0 � O N O O O 00 O l0 IIIIIIIA IIII II iA iA iA iA iA i/} iA V)- LI Iso (eJol III II IIII Page 135 of 401 Page 136 of 401 CO N N 'IT O 00 CO w N O 1-00 w CO �, Q r N0' M 00 6 LO CO O 6 qt Ln Lid L6 Imo- M CO r� M N ■ O CV r— r CO r - r M r N r r r r ruu r r O 6 I • IIIIIIIIIIIIIII IIS I IIIIIIIIIIIIIIIIIII I J IIIIIIIIIIIIIIIIIIIII • r o c: °cu cQ N IIS IIIIIIIII W O U (u ocu Li cu J cu r� .. O t�11 N � R3 0— v N 3 U _/� ° L ai IIS IIIIIIIIIIIIIII LL L.L J v) Ill M C; Q 11' CO 6 Ln rl-, 00 C6' 4 N rl- O Cfl 00 r -- M, LU N O d' O 0 M r ' f` r Ln ' r -- �llll�lww b- 1;r r M r M M r- W 0 Ln Ln Ln r 00 IIS IIIIIIIIIIIIIII = �} II "'IIIIIIIIIIIIIII"• IIIIIIIIIIIIIII • IIIA,„ I IIS ecu J IIS IIIIIIIIIIIIIII �,� Illll N C: 0 C C: Q 0) IIS IIIIIIIIIIIIIII 1.11111111111111111 �. W -0 o U 0 f2 E�IIIIIIIIII - c to �_ L cu � C z C a ( CD Q U 0 U ^* W Q IIIa IIIIIIIIIIIIIIII��ullll Page 136 of 401 Q N -1--iU) Parking Services Page 138 of 401 Index PARKING SERVICES PARKING BUDGET SUMMARIES Net Budget Summary (1 Page) Expense Budget Summary (1 Page) PARKING LOT MAINTENANCE SERVICES PARKING LOT #2 (PARK/ERIE) PARKING LOT #3 (PARK/ST. CLAIR) PARKING LOT #4 (ELLEN) PARKING LOT #5 (COLLEGE/PALMER) PARKING LOT #7 (HURON/ONTARIO) PARKING LOT #8 (HURON/ST. CLAIR) PARKING LOT #9 (HURON/ST. LAWRENCE) PARKING LOT #10 (PARK/CRYSLER) PARKING LOT #12 (SYLVIA PLACE) PARKING LOT #13 (MAIN) PARKING LOT #15 (MCGRAIL) PARKING LOT #17 (MORRISON STREET) PARKING LOT #18 (KITCHENER/VICTORIA) PARKING LOT #19 (CITY HALL) PARKING LOT #20 (BENDER/PALMER) PARKING CONTROL SERVICES Page 139 of 401 Page 140 of 401 Of O IVMYaO0- O OVMpaYaO0 0 MVMwU>YaWO0' OVMYaVO0 OVMUYaNO0 OVMv~YaOO0 ONVMYa�MOV) OOVMYaII�� WVMYaO0 OVMYaO0� O f)Nf)Of)MOMOOI-WONOI-f)O O, t�O W O l2M000000 I- O LO N M N 7 VOO OOOO OOO OOOV 00 O O O O O O O O O O O O 00 � O O 0 I M fOffN O fO ER r� I�OOO��V�OVW�O�V VN��NN-7NMMMW� D 0 0 0 0 0 0 fO O O O O O O O O Ol)OMOVV I- fOO ffI- OO pp�-W (200N(0 LO00N- 0V(6zD O N M UI: W O) O O O O O O O O O OO VMmYaVVO0f m U)Z O> W O d' of W w w w W aaa Q w_j a w z w U w p n n z U �wcn Q Q =Q W Z0 Q=W>�Z� Z2 W�000� UUrzw -- -1o 0 a p a wa s >>> M n ZMMWO=== " Oz a O N M 0 ly Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2E J J J J J J J J J J J J J J J J UW /V0mVYOA Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z �0�mYJH c')� Of Qf Qf Qf Qf Qf Qf Qf Qf Qf ly Of Of Of Of Of Of LU a a a a a a a a a a a a a a a a a �'Z w 0 a Z Z ly O Q Q a LLQ d z a O00 w p U N l Page 140 of 401 m Page 140 of 401 Page 141 of 401 N 0 I0VMYa��- O MWVMg>Yar(VO O O O0VMwUYaN�VvM' O ONVMYa�llff'')) r- OlVMOYaVNMf') OOVMJ_Ya(MO' 00VMYa0V ,OVMZYaVMNNI� VVMYaMV 0VMYa0V MOVMYaNM O (Of)OOOO(OOO00ONV�mOHOMVcVf) �•�~p�FUp�-` 0 0 0 O r- OM O O M O O O O O M O N N 0)mr .��(N�-6 Z p OOOO OOO O OV O �UN N O O O O O O O O O W O C: 00 M 0Nl) l) 00 l) l) O O OMQO69� W I- O O O O O O O O O O O O O O O M O OOOOOfOOOOOOOOO Q W I-l)l)OOOO(OGOONl)O00(O D W M UzdOX00 14 - W w70 D m 00000000000000000 0000000000000000v(3)W aoininoinrnininoininao-00 MW WZ 0VVM MO r- LO W - X00 W 0000 DON U)Of Z W O> W O d' d' a J Qv W a Q aW W w UazHH)- w 0 U Of 0- ZQU U Qz Q W n Wz z Q Of Z�?�? W o0o'J UOrZW J -1 a Y0ma s 0>>> 2E-> O addWU222OM� W O N - N Of Of z Q O O O O O O O O O O O O O O O O U 2E J J J J J J J J J J J J J J J J UWCO Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Zoz ZZ am d z a 00 o N o Page 141 of 401 - - Page 141 of 401 CITY OF NIAGARA FALLS GL5280 Page : 1 Budget Report By Function ��r Date : Jan 31, 2018 Time: 9 19 am From Category : 100000 To Category: 823021 ccount Code : 17 -3 -341000 -???'To: 17-4-341000-?????? 2018 2017 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 17--> PARKING FUND 341000--> PARKING MAINT SERVICES 3--> EXPENSE 17-3-341000-010000 LABOUR 349,430 368,917 17-3-341000-010013 EMPLOYEE BENEFITS ALLOCAT 110,675 110,675 17-3-341000-010016 OVERTIME - PARKING MAINT SE 2,000 2,000 17-3-341000-030001 MATERIALS ITC - PARKING MAIl' 31,000 33,000 17-3-341000-030005 PROFESSIONAL DEVELOPMEN- 1,200 1,200 17-3-341000-030017 INSURANCE PREMIUMS - PARKI 375 392 17-3-341000-030018 CONFERENCES / CONVENTION 1,200 3,300 17-3-341000-040001 CONTRACTED SERVICES ITC - 1 95,000 98,800 17-3-341000-050001 RENTS AND FINANCIAL EXPENE 11,000 11,000 17-3-341000-090000 INTERNAL RENT- PARKING MAI 48,192 47,610 17-3-341000-090001 INDIRECT COSTS - PARKING MF 110,823 110,823 Total EXPENSE 760,895 787,717 4--> REVENUE 17-4-341000-680000 PERMITS - PARKING MAINT SEF -5,000 -4,000 17-4-341000-710000 USER FEES - PARKING MAINT S -478,194 -600,000 17-4-341000-790000 OTHER REVENUE - PARKING Mi -26,000 -26,000 Total REVENUE -509,194 -630,000 PARKING MAINT SERVICES Surplus/Deficit 251,701 157,717 Total PARKING FUND 251,701 157,717 3 Page 142 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341102 -???'To : 17-4-341102-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 33 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341102--> PARKING LOT #2 - PARK / ERIE 3--> EXPENSE 17-3-341102-030001 MATERIALS ITC - PARKING LOT 17-3-341102-040007 SNOW PLOWING - PARKING LO 500 4,000 500 4,000 Total EXPENSE 4,500 4,500 4--> REVENUE 17-4-341102-680000 PERMITS - PARKING LOT#2 - PF 17-4-341102-710000 USER FEES - PARKING LOT #2 - -19,000 -1,500 -16,000 -2,500 Total REVENUE -20,500 -18,500 PARKING LOT#2 - PARK/ ERIE Surplus/Deficit -16,000 -14,000 Total PARKING FUND -16,000 -14,000 4 Page 143 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341103 -???'To : 17-4-341103-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 34 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341103--> PARKING LOT #3 - PARK / ST CLAIR 3--> EXPENSE 17-3-341103-030001 MATERIALS ITC- PARKING LOT 17-3-341103-040007 SNOW PLOWING - PARKING LO 1,000 3,500 1,000 3,500 Total EXPENSE 4,500 4,500 4--> REVENUE 17-4-341103-680000 PERMITS - PARKING LOT#3 - PF 17-4-341103-710000 USER FEES - PARKING LOT #3 - -13,000 -10,000 -11,000 -13,500 Total REVENUE -23,000 -24,500 PARKING LOT #3 - PARK / ST CLAIR Surplus/Deficit -18,500 -20,000 Total PARKING FUND -18,500 -20,000 5 Page 144 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341104 -???'To : 17-4-341104-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 34 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341104--> PARKING LOT #4 - ELLEN 3--> EXPENSE 17-3-341104-030001 MATERIALS ITC - PARKING LOT 17-3-341104-040007 SNOW PLOWING - PARKING LO 8,000 5,000 8,000 5,000 Total EXPENSE 13,000 13,000 4--> REVENUE 17-4-341104-710000 USER FEES - PARKING LOT #4 - -135,000 -135,000 Total REVENUE -135,000 -135,000 PARKING LOT #4 - ELLEN Surplus/Deficit -122,000 -122,000 Total PARKING FUND -122,000 -122,000 6 Page 145 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341105 -???'To : 17-4-341105-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 35 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341105--> PARKING LOT #5 - COLLEGE / PALMER 3--> EXPENSE 17-3-341105-030001 MATERIALS ITC - PARKING LOT 17-3-341105-040007 SNOW PLOWING - PARKING LO 200 500 200 400 Total EXPENSE 700 600 4--> REVENUE 17-4-341105-710000 USER FEES - PARKING LOT #5 - -7,000 -5,500 Total REVENUE -7,000 -5,500 PARKING LOT #5 - COLLEGE / PALMER Surplus/Deficit -6,300 -4,900 Total PARKING FUND -6,300 -4,900 7 Page 146 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341107 -???'To : 17-4-341107-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 37 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341107--> PARKING LOT #7 - HURON / ONTARIO 3--> EXPENSE 17-3-341107-030001 MATERIALS ITC - PARKING LOT 17-3-341107-040007 SNOW PLOWING - PARKING LO 700 3,000 2,000 2,000 Total EXPENSE 3,700 4,000 4--> REVENUE 17-4-341107-680000 PERMITS - PARKING LOT #7 - Hl -8,700 -8,700 Total REVENUE -8,700 -8,700 PARKING LOT #7 - HURON / ONTARIO Surplus/Deficit -5,000 -4,700 Total PARKING FUND -5,000 -4,700 8 Page 147 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341108 -???'To : 17-4-341108-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 38 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341108--> PARKING LOT #8 - HURON / ST CLAIR 3--> EXPENSE 17-3-341108-030001 MATERIALS ITC - PARKING LOT 17-3-341108-040007 SNOW PLOWING - PARKING LO 550 4,000 550 4,500 Total EXPENSE 4,550 5,050 4--> REVENUE 17-4-341108-680000 PERMITS - PARKING LOT #8 - Hl -13,000 -15,000 Total REVENUE -13,000 -15,000 PARKING LOT#8 - HURON / ST CLAIR Surplus/Deficit -8,450 -9,950 Total PARKING FUND -8,450 -9,950 9 Page 148 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341109 -???'To : 17-4-341109-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 39 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341109--> PARKING LOT #9 - HURON / ST LAWRENCE 3--> EXPENSE 17-3-341109-030001 MATERIALS ITC - PARKING LOT 17-3-341109-040007 SNOW PLOWING - PARKING LO 400 3,000 600 4,000 Total EXPENSE 3,400 4,600 4--> REVENUE 17-4-341109-680000 PERMITS - PARKING LOT #9 - Hl 17-4-341109-710000 USER FEES - PARKING LOT #9 - -2,500 -500 -2,000 -200 Total REVENUE -3,000 -2,200 PARKING LOT #9 - HURON / ST LAWRENCE Surplus/Defic 400 2,400 Total PARKING FUND 400 2,400 10 Page 149 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 ccount Code : 17 -3 -341110 -???'TO: 17-4-341110-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 39 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341110--> PARKING LOT #10 - PARK / CRYSLER 3--> EXPENSE 17-3-341110-030001 MATERIALS ITC- PARKING LOT 17-3-341110-040007 SNOW PLOWING - PARKING LO 1,400 5,500 1,400 5,500 Total EXPENSE 6,900 6,900 4--> REVENUE 17-4-341110-680000 PERMITS - PARKING LOT #10 - F 17-4-341110-710000 USER FEES - PARKING LOT #10 -15,000 -2,600 -15,000 -2,600 Total REVENUE -17,600 -17,600 PARKING LOT #10 - PARK / CRYSLER Surplus/Deficit -10,700 -10,700 Total PARKING FUND -10,700 -10,700 11 Page 150 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341112 -???'To : 17-4-341112-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 41 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341112--> PARKING LOT #12 - SYLVIA PLACE 3--> EXPENSE 17-3-341112-030001 MATERIALS ITC- PARKING LOT 17-3-341112-040007 SNOW PLOWING - PARKING LO 1,200 4,300 1,000 4,000 Total EXPENSE 5,500 5,000 4--> REVENUE 17-4-341112-680000 PERMITS - PARKING LOT #12 - E 17-4-341112-710000 USER FEES - PARKING LOT #12 -24,000 -8,000 -24,000 -6,000 Total REVENUE -32,000 -30,000 PARKING LOT #12 - SYLVIA PLACE Surplus/Deficit -26,500 -25,000 Total PARKING FUND -26,500 -25,000 12 Page 151 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341113 -???'To : 17-4-341113-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 42 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341113--> PARKING LOT #13 - MAIN 3--> EXPENSE 17-3-341113-030001 MATERIALS ITC - PARKING LOT 17-3-341113-040007 SNOW PLOWING - PARKING LO 500 3,000 500 2,500 Total EXPENSE 3,500 3,000 4--> REVENUE 17-4-341113-680000 PERMITS - PARKING LOT#13 - a 17-4-341113-710000 USER FEES - PARKING LOT #13 -1,100 -500 -1,100 -500 Total REVENUE -1,600 -1,600 PARKING LOT #13 -MAIN Surplus/Deficit 1,900 1,400 Total PARKING FUND 1,900 1,400 13 Page 152 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341115 -???'To : 17-4-341115-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 43 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341115--> PARKING LOT #15 - McGRAIL 3--> EXPENSE 17-3-341115-030001 MATERIALS ITC - PARKING LOT 17-3-341115-040007 SNOW PLOWING - PARKING LO 500 2,500 200 0 Total EXPENSE 3,000 200 4--> REVENUE 17-4-341115-680000 PERMITS - PARKING LOT #15 - a 17-4-341115-710000 USER FEES - PARKING LOT #15 -10,000 0 0 -2,000 Total REVENUE -10,000 -2,000 PARKING LOT #15 - McGRAIL Surplus/Deficit -7,000 -1,800 Total PARKING FUND -7,000 -1,800 14 Page 153 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341117 -???'To : 17-4-341117-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 43 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341117--> PARKING LOT #17 - MORRISON STREET 3--> EXPENSE 17-3-341117-030001 MATERIALS ITC- PARKING LOT 17-3-341117-040007 SNOW PLOWING - PARKING LO 1,000 3,500 1,000 3,500 Total EXPENSE 4,500 4,500 4--> REVENUE 17-4-341117-680000 PERMITS - PARKING LOT #17 - a -22,000 -22,000 Total REVENUE -22,000 -22,000 PARKING LOT #17 - MORRISON STREET Surplus/Deficit -17,500 -17,500 Total PARKING FUND -17,500 -17,500 15 Page 154 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341118 -???'To : 17-4-341118-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 44 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341118--> PARKING LOT #18 - KITCHENER / VICTORIA 3--> EXPENSE 17-3-341118-030001 MATERIALS ITC - PARKING LOT 17-3-341118-040007 SNOW PLOWING - PARKING LO 17-3-341118-050001 RENTS AND FINANCIAL EXPENE 4,500 5,000 34,000 1,500 4,500 30,000 Total EXPENSE 43,500 36,000 4--> REVENUE 17-4-341118-710000 USER FEES - PARKING LOT #18 -75,000 -60,000 Total REVENUE -75,000 -60,000 PARKING LOT#18 - KITCHENER / VICTORIA Surplus/Def -31,500 -24,000 Total PARKING FUND -31,500 -24,000 16 Page 155 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341119 -???'To : 17-4-341119-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 45 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341119--> PARKING LOT #19 - CITY HALL 3--> EXPENSE 17-3-341119-030001 MATERIALS ITC- PARKING LOT 17-3-341119-040007 SNOW PLOWING - PARKING LO 1,800 5,000 1,800 5,000 Total EXPENSE 6,800 6,800 4--> REVENUE 17-4-341119-680000 PERMITS - PARKING LOT #19 - C 17-4-341119-710000 USER FEES - PARKING LOT #19 -12,000 -5,500 -14,000 -6,500 Total REVENUE -17,500 -20,500 PARKING LOT #19 - CITY HALL Surplus/Deficit -10,700 -13,700 Total PARKING FUND -10,700 -13,700 17 Page 156 of 401 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823021 Account Code : 17 -3 -341120 -???'To : 17-4-341120-?????? ��r GL5280 Page : 1 Date : Jan 31, 2018 Time: 9 45 am Account Code Account Description 2018 FINAL BUDGET FINAL -BUDGET VALUES 2017 BUDGET -BUDGET VALUES 17--> PARKING FUND 341120--> PARKING LOT #20 - BENDER / PALMER 3--> EXPENSE 17-3-341120-030001 MATERIALS ITC - PARKING LOT 17-3-341120-040007 SNOW PLOWING - PARKING LO 600 2,500 600 2,000 Total EXPENSE 3,100 2,600 4--> REVENUE 17-4-341120-710000 USER FEES - PARKING LOT #20 -50,000 -35,000 Total REVENUE -50,000 -35,000 PARKING LOT #20 - BENDER / PALMER Surplus/Deficit -46,900 -32,400 Total PARKING FUND -46,900 -32,400 18 Page 157 of 401 CITY OF NIAGARA FALLS GL5280 Page : 1 Budget Report By Function ��r Date : Jan 31, 2018 Time: 9 45 am From Category : 100000 To Category: 823021 Account Code : 17 -3 -342005 -???'To : 17-4-342005-?????? 2018 2017 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 17--> PARKING FUND 342005--> PARKING CONTROL SERVICES 3--> EXPENSE 17-3-342005-010000 LABOUR 56,493 55,528 17-3-342005-010013 EMPLOYEE BENEFITS ALLOCAT 17,305 17,305 17-3-342005-030001 MATERIALS ITC - PARKING CON 5,400 5,400 17-3-342005-030034 MEMBERSHIP/SUBSCRIPTION: 1,500 1,500 17-3-342005-030035 OFFICE SUPPLIES - PARKING G 7,000 1,000 17-3-342005-040001 CONTRACTED SERVICES ITC - 1 340,000 357,000 17-3-342005-050001 RENTS AND FINANCIAL EXPENE 72,500 75,500 17-3-342005-090000 INTERNAL RENT- PARKING COr 34,851 40,900 Total EXPENSE 535,049 554,133 4--> REVENUE 17-4-342005-710000 USER FEES - PARKING CONTRC -12,000 0 17-4-342005-730001 FINES - PARKING CONTROL SR) -450,000 -415,000 Total REVENUE -462,000 -415,000 PARKING CONTROL SERVICES Surplus/Deficit 73,049 139,133 Total PARKING FUND 73,049 139,133 19 Page 158 of 401 Page 159 of 401 Page 160 of 401 r0 O b (D 0 O 0 M 0 O co M Cb r- U) O r 0) 46 O R4 ( O G4? 0 C v .. .. sem.- 0 © O O M 4Q 00 M 000 r 4Q OK`J O k 0 CD O C M O O C 1- OD- 00 �C O CQ Mauj M Cil O T` O C£) N 0 M T _ (.0 M -4 N r- (0 - C£) Cfl C£) M 000 CV I r LOr$ O O el M O 4f? O C 0 �t O O O N C- 00 EVO C? 0 C) P- O O Cb ClO 40 M 44? 00 b 000 C 0 h�: 0 04 I- 0 O I- M F+w �T wN � W ^N uj uj LL CL L x W N U) � .V C N J N N°� cW N tib U- H CL 7 d N fC Li � N E p ico cu W w� c Cl - D u O F- (n 0 w , U s i2 Page 161 of 401 Page 162 of 401 Page 163 of 401 Page 164 of 401 • • • • 1' • • • 1 •' • 1 • 1 1 � Page 164 of 401 Niagara,aIl�s REPORT TO SUBMITTED BY: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2018-10 February 13, 2018 SUBJECT: PBD -2018-10 AM -2017-019, Zoning By-law Amendment Application 3615 Gunning Drive Applicant: Anthony Vacca Agent: Jordan Vaderhoeven (Upper Canada Consultants) RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Single Family 1C Density (R1 C) zone to allow the conversion of the existing place of worship into a detached dwelling and the use of the balance of the site for three additional single detached dwellings, as outlined in this report. EXECUTIVE SUMMARY Anthony Vacca has requested a Zoning By-law amendment for 3516 Gunning Drive. The property is requested to be rezoned from Institutional (1) to a site specific Single Family 1C Density (R1 C) zone to allow the existing place of worship to be converted into a detached dwelling and use the balance of the site for additional single detached dwellings. Consent applications are scheduled to be considered by the Committee of Adjustment to divide the lands into four parcels. The amendment is recommended for the following reasons: the proposal complies with Provincial and Regional policies as the proposal represents an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built -Up Area; the lands are designated Residential in the City's Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households; the Official Plan encourages the development of under-utilized parcels for more efficient use; Page 165 of 401 2 PBD -2018-10 February 13, 2018 the size of the proposed parcels is similar to the existing lot configuration in the neighbourhood. The requested zoning regulations will ensure the compatibility of the new dwellings with the established neighbourhood; and the existing infrastructure can support the proposed development. BACKGROUND Proposal Anthony Vacca has requested a Zoning By-law amendment for a 0.37 hectare parcel of land located on the south side of Gunning Drive between Mears Crescent and Willoughby Drive. Refer to Schedule 1 to locate the site. The zoning amendment is requested to allow the conversion of the existing place of worship into a detached dwelling and use of the balance of the site for three additional single detached dwellings (Schedule 2). The property is zoned Institutional (1) in accordance with Zoning By-law No.79-200. The applicant is requesting the property to be rezoned to a site specific Residential Single Family 1 C Density (R1 C) zone to allow single detached dwellings with front yard depths of 4.5 metres, save and except for garages which must be setback 6 metres. Site Conditions and Surrounding Land Uses The subject lands are located on the north side of Gunning Drive between Mears Crescent and Willoughby Drive. A building, owned by Bell Canada, abuts the lands to the west. The lands to the north are approved to be developed with 45 townhouse dwelling units. To the south and west are single detached dwellings. The vacant parcel located northeast of the subject lands is proposed to be developed for two semi-detached dwellings. Circulation Comments Regional Municipality of Niagara — The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built -Up Area under the 2017 Growth Plan. The PPS directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwellings in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. — A Phase One Environmental Site Assessment (dated June 2017) prepared by Oakhill Environmental Ltd., was submitted with the application. The report concludes that there are no areas of potential environmental concern. Page 166 of 401 3 PBD -2018-10 February 13, 2018 Further in accordance with O.Reg 153/04 and 511/09, the applicant has filed a Record of Site Condition on the Ministry of Environment and Climate Change (MOECC) Brownfields Environment Site Registry. As such, Regional staff is satisfied that the lands are suitable for residential development. • Transportation Services, Municipal Works, Legal Services and Transit — No objections. Neighbourhood Open House A Neighbourhood open house was held on January 4, 2018 to introduce the proposal to area residents. No one attended the open house to hear about the proposal or to provide comments. ANALYSIS/RATIONALE 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built -Up Area under the 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently under-utilized. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving the 40% intensification target within the Built -Up Area. 2. Official Plan The subject lands are designated Residential in the City's Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare with a minimum density of 20 units per hectare along local and collector roads. New housing is to be of a height, mass and provide setbacks that are in character with the surrounding neighbourhood. Although the density of the proposed development at 10.58 units per hectare is less than the minimum, the proposal is acceptable because it is at the same density and has the same form as the surrounding housing, namely single detached dwellings. Page 167 of 401 PBD -2018-10 February 13, 2018 3. Zoning By-law Amendment The subject lands are currently zoned Institutional (1), in accordance with Zoning By-law No. 79-200 which permits an art gallery, community building, nursing home, place of worship and other similar uses. The zoning of the subject lands is requested to be changed to the Residential Single Family 1C Density (R1 C) zone which will permit single detached dwellings and which is the same zone that is in effect on the surrounding lots. One variation to the standard regulations is requested. Whereas the standard R1 C zone requires a minimum front yard depth of 6 metres, a front yard depth of 4.5 metres is requested. The proposed setback is acceptable because is comparable to the exterior side yard setback provided by the existing dwellings in the surrounding area. Further the reduced setback is consistent with the setback the abutting easterly dwelling maintains from Gunning Drive. Lastly the proposed regulation would maintain a 6 metre setback between any garage and the front lot line thereby ensuring adequate space to park a vehicle on each lot. The applicant has also submitted consent applications to facilitate the creation of four parcels for the proposed dwellings. The applications will be considered by the Committee of Adjustment on February 20, 2018. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Office A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-10, AM -2017-019, Anthony Vacca, 3615 Gunning Drive.docx Page 168 of 401 5 PBD -2018-10 February 13, 2018 SCHEDULE1 Page 169 of 401 6 PBD-2018-10 February 13, 2018 SCHEDULE2 IVI� ?� _ s a bA u Ii/ a � r 1 1 i a mF k �q ti 0, w � Page 170 of 401 Page 171 of 401 Page 172 of 401 Page 173 of 401 Page 174 of 401 Page 175 of 401 b.0 bz O i a NY1 yJ +^rte W� pCe yyy \{/ X O o O o O N O v E O oII I o OU N Q v C— M v f6 N V) O Ln 4 f i N s C O +, 1 !® 4-j CL U O v � Q) O s O N I' E Un N O vi cu I II s a--' L —"N I aN cn ai OO N o Ln Q oaj C: CL o a, a, CU m v ci Page 175 of 401 Page 176 of 401 Page 177 of 401 Page 178 of 401 Page 179 of 401 A 21 Niagaraalls REPORT TO SUBMITTED BY: Mayor James M. Diodati and Members of Municipal Council Business Development BDD-2018-001 February 13, 2018 SUBJECT: BDD-2018-001 Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development and Growth Summer Company 2018 Agreement RECOMMENDATION Council authorize the Mayor and Clerk to sign the SBEC-MEDG Summer Company 2018 Grant agreement. EXECUTIVE SUMMARY The agreement between the Ministry of Economic Development and Growth (MEDG) and the City of Niagara Falls will provide funding for the delivery of the Summer Company 2018 program. The agreement will last until November 30th, 2018 and provide a total of $36,500 for the duration of the agreement. BACKGROUND The Ministry of Economic Development and Growth provides the City of Niagara Falls annual funding to assist with the operation of the Small Business Enterprise Centre since 2004. Additionally, the Ministry of Economic Development and Growth / Ministry of Research and Innovation have provided program specific funding. The Summer Company program has been offered by the Niagara Falls Small Business Enterprise Centre since 2004 and offers students (high school and post -secondary) entrepreneurship training, mentorship, and grant funding to operate a full-time Summer business. The Summer Company program requires students to prepare business plans and cash flow forecasts as part of their application. Successful applicants can receive funding of up to $3,000 to cover start-up costs; 12 hours of entrepreneurship training; and 5 group mentor sessions throughout the summer with local business professionals and entrepreneurs. Page 180 of 401 2 ANALYSIS/RATIONALE BDD-2018-001 February 13, 2018 The funding will allow the Small Business Enterprise Centre to deliver the Provincial Summer Company 2018 program. CITY'S STRATEGIC COMMITMENT Economic Vitality and Youth Retention. LIST OF ATTACHMENTS BDD-2018-001 SBEC-MEDG Summer Company 2018 Agreement Recommended by: Serge Felicetti, Director of Business Development Respectfully submitted: Ken Todd, Chief Administrative Officer SF:mw Attach. Page 181 of 401 THE AGREEMENT is effective as of October 1, 2017. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development and Growth (the "Province") -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Recipient") BACKGROUND: The Province launched the Summer Company program to raise awareness among Youth of entrepreneurship as a viable career option and to teach them the value of entrepreneurial skills in personal and career endeavours. The Recipient intends to undertake the Project which is intended to provide training, mentoring, and grant opportunities to eligible individuals in Ontario to start a small summer business in their communities. The Recipient has applied to the Province for funds to assist the Recipient in carrying out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice -versa; (b) words in one gender include all genders; Page 1 of 61 Page 182 of 401 (c) the background and the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be to Canadian dollars and currency; and (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive. 1.2 Definitions. In the Agreement, the following terms will have the following meanings: "Agreement" means this agreement entered into between the Province and the Recipient, all of the Schedules listed in section 30.1, and any amending agreement entered into pursuant to section 30.2. "Approved Participants" means Eligible Participants that the Recipient approves for Micro -Financing. "BPSAX means the Broader Public Sector Accountability Act, 2010 (Ontario), including any directives issued pursuant to that Act. "Budget" means the budget attached to the Agreement as Schedule "B". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement "Eligible Expenditures" means those expenditures required to implement the Project as more particularly described in Schedule "H" which are incurred by the Recipient on or after the Effective Date and to and including the Expiry Date. "Eligible Participants" means Youth who apply under the Program for grant financing and who meet all of the eligibility requirements set out in the Program Guidelines. "Enrolment Allocation" has the meaning ascribed to it in Schedule "A". Page 2 of 61 Page 183 of 401 "Event of Default" has the meaning ascribed to it in section 14.1. "Expiry Date" has the meaning ascribed to it in section 3.1. "Funding Year" means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following September 30th; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on October 1 following the end of the previous Funding Year and ending on the following September 30. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. "Maximum Funds" means $36,500 which is the maximum amount of monies the Province will provide the Recipient under the Agreement. "Micro -Financing" has the meaning ascribed to it in Schedule "A". "Micro -Financing Committee" means the committee set up by the Recipient to review and approve Micro -Financing. "Notice" means any communication given or required to be given pursuant to the Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section 14.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section 14.4. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Project" means the undertaking described in Schedule "A". "Program" means the Summer Company program. Page 3 of 61 Page 184 of 401 "Program Guidelines" means the Program guidelines provided to the Recipient by the Province and that are accessible at: ontario.ca/document/summer-company-program-guidelines. "Reports" means the reports described in Schedule "D". "Summer Company Grant Agreement" means the conditional grant agreement drafted by the Recipient related to the Project. "Timelines" means the Project schedule set out in Schedule "A". "Youth" means any person between the ages of 15-29, who is a resident of Ontario and a Canadian citizen or permanent resident. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (e) it shall comply with the terms and requirements of Schedule "J" - Communications and Confidentiality Protocol; (f) it shall comply with the terms and requirements of Schedule X' - Information Management and Privacy Provisions; (g) if in one of the 26 designated areas under the French Language Services Act (Ontario) (the "FI -SX), the Recipient shall provide all services to the public under the Project in accordance with the Page 4 of 61 Page 185 of 401 FLSA, by taking appropriate measures in that regard, including among other things, providing signs, notices and other information on such services and communicating with the public to make it known to members of the public that such services are available in French at the choice of a member of the public. In this regard, subject to the Province's satisfaction, the Recipient shall, among other things that the Province may require from time to time, ensure that: (i) any person may communicate with the Recipient in both French and English; any person may receive the services under the Project in both French and English; (iii) the portions of the Recipient's website relating to the Project are available in French; (iv) all public documents relating to the Project are available in French; (v) bilingual (English/French) signs are posted as needed; (vi) it has developed a protocol for providing francophone clients with services in French; and (vii) it shall submit a written report in a form and content satisfactory to the Province regarding its provision of French language services and how it is meeting the requirements of this section 2.1(g); (h) it shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the regulations thereunder with regard to the provision of its goods or services or facilities contemplated herein to persons with disabilities. Without limitation, if applicable, pursuant to Ontario Regulation 191/11, Integrated Accessibility Standards, made under the Accessibility for Ontarians with Disabilities Act, 2005, the Recipient shall ensure that all of its employees, agents, volunteers, or others for whom it is at law responsible, receive training about the provision of its goods and services and facilities to persons with disabilities. 2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. 2.3 Governance. The Recipient represents, warrants and covenants that it has, will maintain in writing, and will follow: Page 5 of 61 Page 186 of 401 (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b) procedures to ensure the Recipient's ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article 7; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. 2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article 2. ARTICLE 3 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on November 30, 2018 (the "Expiry Date") unless terminated earlier pursuant to Article 12, Article 13 or Article 14. ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "C"; Page 6 of 61 Page 187 of 401 (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. 4.2 Limitation on Payment of Funds. Despite section 4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section 11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province is not obligated to provide instalments of Funds until it has received the Reports described in Schedule "D", as applicable, in a form and content acceptable to the Province; (d) any disbursement of Funds to the Recipient shall be subject to the Recipient's guidelines on travel, meal and hospitality expenses provided that such guidelines are no less stringent than the guidelines contained in Schedule "I" hereto; (e) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section 7.1; or (f) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1. 4.3 Use of Funds and Carry out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement: Page 7 of 61 Page 188 of 401 (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only on account of Eligible Expenditures and in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency or organization of the Government of Ontario. 4.4 No Changes. The Recipient shall not make any changes to the Project, the Timelines and/or the Budget without the prior written consent of the Province. 4.5 Interest Bearing Account. If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient shall place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. 4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. 4.7 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. 4.8 Rebates, Credits and Refunds. The Ministry will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. ARTICLE 5 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS 5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and Page 8 of 61 Page 189 of 401 (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario) including any procurement directive issued thereunder, to the extent applicable. 5.2 Disposal. The Recipient shall not, without the Province's prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded $2,000 at the time of purchase. ARTICLE 6 CONFLICT OF INTEREST 6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. 6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. ARTICLE 7 REPORTS, ACCOUNTING, AND REVIEW 7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address provided in section 18. 1, all Reports in accordance with the timelines and content requirements as provided for in Schedule "D", or in a form as specified by the Province from time to time; Page 9 of 61 Page 190 of 401 (b) submit to the Province at the address referred to in section 18. 1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. 7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province's own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; (b) remove any copies made pursuant to section 7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. 7.4 Disclosure. To assist in respect of the rights provided for in section 7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in a form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. Page 10 of 61 Page 191 of 401 7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. The Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to the Auditor General Act (Ontario). ARTICLE 8 COMMUNICATIONS REQUIREMENTS 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the Project; and (b) ensure that the acknowledgement referred to in section 8.1(a) is in a form and manner as directed by the Province. 8.2 Publication. The Recipient will indicate, in any of its Project -related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. ARTICLE 9 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. ARTICLE 11 Page 11 of 61 Page 192 of 401 INSURANCE 11.1 Recipient's Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross -liability clause; (c) contractual liability coverage; and (d) a 30 -day written notice of cancellation. 11.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section 11.1; or (ii) other proof that confirms the insurance coverage as provided for in section 11.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty or costs upon giving at least 30 days' Notice to the Recipient. 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; Page 12 of 61 Page 193 of 401 (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section 12.2(b); and (ii) subject to section 4.8, provide Funds to the Recipient to cover such costs. ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in section 4.2(f), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. 13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b). 13.3 No Additional Funds. If, pursuant to section 13.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT 14.1 Events of Default. Each of the following events will constitute an Event of Default: Page 13 of 61 Page 194 of 401 (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section 7.1, Reports or such other reports as may have been requested pursuant to section 7.1(b); (b) the Recipient's operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. 14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (i) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (ii) provide the Recipient with an opportunity to remedy the Event of Default; (iii) suspend the payment of Funds for such period as the Province determines appropriate; (iv) reduce the amount of Funds; (v) cancel further instalments of Funds; (vi) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; Page 14 of 61 Page 195 of 401 (vii) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (viii) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (ix) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 14.3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. 14.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). 14.5 When Termination Effective. Termination under this Article will take effect as provided for in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: Page 15 of 61 Page 196 of 401 (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. ARTICLE 17 DEBT DUE AND PAYMENT 17.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. 17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 17.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province as provided for in section 18.1. 17.5 Fails to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to repay any Page 16 of 61 Page 197 of 401 amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. ARTICLE 18 NOTICE 18.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage -prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for below, or as either Party later designates to the other by Notice: To the Province: Ministry of Economic Development and Growth Commercialization and Scale -Up Networks Branch 56 Wellesley Street West — 5th Floor Toronto, Ontario, M7A 2E7 Attention: Lyn Doering Manager, Relationship and Contract Management Email: lyn.doering@ontario.ca To the Recipient: The Corporation of the City of Niagara Falls Business Development Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Michael Warchala Small Business Consultant Niagara Falls Small Business Enterprise Centre Tel: (905) 356-7521 Ext. 5004 Fax: (905) 357-9293 Email:mwarchala@niagarafalls.ca 18.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage -prepaid mail, five (5) Business Days after the Notice is mailed; or (b) in the case of email, personal delivery, or fax, one (1) Business Day after the Notice is delivered. 18.3 Postal Disruption. Despite section 18.2(a), in the event of a postal disruption: (a) Notice by postage -prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, or fax. Page 17 of 61 Page 198 of 401 ARTICLE 19 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE 21 WAIVER 21.1 Waiver Request. Either Party may, in accordance with the Notice provision set out in Article 18, ask the other Party to waive an obligation under the Agreement. 21.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section 21.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. Page 18 of 61 Page 199 of 401 23.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. ARTICLE 26 JOINT AND SEVERAL LIABILITY 26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. ARTICLE 27 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. ARTICLE 28 ACKNOWLEDGEMENT 28.1 Recipient Acknowledges. The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable Page 19 of 61 Page 200 of 401 to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); and (d) The Province is not responsible for carrying out the Project. ARTICLE 29 FAILURE TO COMPLY WITH OTHER AGREEMENTS 29.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a "Failure"); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. ARTICLE 30 ENTIRE AGREEMENT 30.1 Entire Agreement. The Agreement, together with: Schedule "A" - Project Description, Allocations and Timelines; Page 20 of 61 Page 201 of 401 Schedule "B" - Budget; Schedule "C - Payment Plan; Schedule "D" - Reports; Schedule "E" - Request for Interim Disbursement; Schedule "F" — Project Report; Schedule "G" - Request for Final Disbursement; Schedule "H" - Eligible Expenditures; Schedule "I" - Guidelines for Travel, Meal and Hospitality Expenses; Schedule "J" - Communications and Confidentiality Protocol; Schedule "K" - Information Management and Privacy Provisions, and any amending agreement entered into as provided for in section 30.2, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 30.2 Amending the Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. ARTICLE 31 COUNTERPARTS 31.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. ARTICLE 32 SURVIVAL 32.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1 and any other applicable definitions, section 2.1(a), section 4.2(f), 4.7, section 5.2, section 7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections 7.2, 7.3, 7.4, 7.5, 7.6, Article 8, Article 10, sections 12.2, sections 13.2, 13.3, sections 14.1, 14.2(d), (e), (f), (g) and (h), Article 16, Article 17, Article 18, Article 20, section 23.2, Article 24, Article 26, Article 27, Article 29, Article 30, Article 32 and Article 33. ARTICLE 33 OPEN DATA 33.1 The Recipient agrees that the Province may publicly release the following Page 21 of 61 Page 202 of 401 information, whether in hard copy or in electronic form, on the internet or otherwise: Recipient name, Recipient contact information, Recipient address or general location, amount of Maximum Funds and/or Funds, Project description, Project objectives/goals including the Enrolment Allocation table in Schedule "A", Project location, Project results reported by the Recipient and Budget. [remainder of page intentionally left blank] Page 22 of 61 Page 203 of 401 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development and Growth Name: Jennifer Block Date Title: Director, Commercialization and Scale -Up Networks Branch Authorized Signing Officer THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Jim Diodati Date Title: Mayor Name: Bill Matson Date Title: Acting City Clerk We have authority to bind the Recipient. Page 23 of 61 Page 204 of 401 SCHEDULE"A" PROJECT DESCRIPTION, ALLOCATIONS AND TIMELINES Background The Summer Company program is a program of the government of Ontario that helps young people between 15 and 29 years old start and run their own summer business by providing funding, advice and services. The purpose of the Program is to raise awareness among the Province's Youth of entrepreneurship as a viable career option and to teach them the value of entrepreneurial skills in personal and career endeavours. Proiect Descriotion The Recipient will undertake a project under the Program, and will provide business training, mentoring, and up to $3,000 in awards to help Approved Participants start and run their own summer businesses (the "Project"). Approved Participants may keep the profits generated through the operation of their businesses. The Recipient is responsible for and will ensure that the following are completed: • adapting the Program framework to respond to local needs and opportunities for young entrepreneurs • promoting and marketing the Program to targeted groups • recruiting applicants in accordance with the Program Guidelines to ensure Enrolment Allocations are met • reviewing applicants' business plans and cash flow statements • interviewing applicants to assess their suitability for the Project • administering and approving applications through the Summer Company Registration, Eligibility and Evaluation Network web -based system that is owned and maintained by the Province ("SCREEN") • recruiting and coordinating business mentors • providing a minimum 12 hours of business training per Approved Participant • reporting identified performance measures through the SCREEN Input Report, as outlined in Schedule "D" • collecting and submitting success stories, as outlined in Schedule "D" • distributing a survey in a form to be provided by the Province to help the Province determine if the Program objectives were met by Eligible Participants at the end of the Program cycle • negotiating and entering into Summer Company Grant Agreements with Approved Participants, which must include, but is not limited to, the items set out under the `Requirements to participate' and the `Requirements to complete the program' headers in the Program Guidelines Page 24 of 61 Page 205 of 401 • in the event that any Approved Participant fails to comply with, defaults or withdraws, using best efforts to recoup all or part of the Micro -Financing under the terms and conditions of the Summer Company Grant Agreement • ensuring that an executed release and consent form is obtained from each Approved Participant prior to disbursing Micro -Financing The Micro -Financing component of the Project is subject to the processes and requirements set out below. Micro -Financing The Recipient, as part of its Project, will provide small grants (the "Micro - Financing") to directly support the business start-up or expansion costs of the Approved Participants. Eligible Participants may be eligible to receive Micro -Financing of up to Three Thousand Dollars ($3,000) each to be used for the purposes of business start-up or expansion in Ontario. The Micro -Financing must be disbursed in two instalments: an initial disbursement of up to $1,500 for start-up expenses and final disbursement of up to $1,500 for successful completion of the Program. The Recipient must enter into a Summer Company Grant Agreement with each Approved Participant prior to disbursing Micro -Financing that includes the following provision: Audit Rights for the Crown. The parties agree that audit rights under the Summer Company Grant Agreement shall inure to the benefit of Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development and Growth, any authorized representative or any independent auditor identified by the Province, at the Province's expense, which audit rights, including the right of inspection and review of the Approved Participant's progress of its project and any allocation and expenditure of Micro -Financing and the right to perform a full or partial audit of the Approved Participant, shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Summer Company Grant Agreement; The Recipient shall distribute the Micro -Financing to Approved Participants in a way that ensures fairness, transparency and accountability. Without limiting the generality of the previous sentence, the Recipient shall ensure that each payment is tied to appropriate milestones and that payment is only made if satisfactory evidence of progress against the milestone is provided to the Recipient. Page 25 of 61 Page 206 of 401 The Recipient is responsible for, and will manage, the administration of the Micro -Financing (including all tax and legal matters), and will create procedures and criteria for: the recruitment of the Micro -Financing Committee; conflict of interest guidelines; decision frameworks and documentation; and disbursement of Micro -Financing. The process for awarding Micro -Financing must be fully documented for audit purposes. Enrolment Allocation Period Enrolment Allocation January 1, 2018 to June 30, 2018 or on a date specified by the Province 7 The Recipient agrees to use best efforts to enroll up to, but not exceed, the Recipient's enrolment allocation for Approved Participants as set out in the table above (the "Enrolment Allocation") by June 30, 2018 or on a date specified by the Province for which up to the Maximum Funds shall be paid to the Recipient in accordance with the funding formula set out under Schedule "B". For greater clarity, should the Recipient exceed the Enrolment Allocation in the Funding Year, the Recipient agrees to do so at its own expense. Timelines Project Start Date: October 1, 2017 Project End Date: September 30, 2018 Page 26 of 61 Page 207 of 401 SCHEDULE"B" BUDGET The amount of Funds shall be based on the following funding formula The sum of Project Delivery and Administration + Micro -Financing Total, where, Project Delivery and Administration is comprised of a base rate of $5,000 plus any amount allocated by the Province to the Recipient for the operation of the Project. Micro -Financing Total is actual expenditures on Micro -Financing up to $3,000 per Approved Participant. For greater certainty, this amount will be no more than $21,000 being $3,000 x 7 Approved Participants. Expenses Budget Plan Actual Cash Cash Project Delivery and Administration Expenses Base Rate Project Delivery and Administration for Approved Participants Total Project Delivery and Administration Expenses Micro -Financing for Approved Particioants Total Expenses 1 $ 5.000 1 $10,500 $21,000 36,500 Page 27 of 61 Page 208 of 401 SCHEDULE"C" PAYMENT PLAN Method of Disbursement: Disbursement by the Province to the Recipient on account of the Project shall be made available as follows, subject to and conditional upon compliance with the terms and conditions of this Agreement and satisfactory performance and/or attainment of the Timelines and Project deliverables: a) An amount of $36,500 upon execution of the Agreement and receipt and acceptance by the Province of the certificate of insurance required under section 11.2 of the Agreement less a fund holdback of $18,690 (the "Holdback"); b) The Holdback shall be released in two parts as follows: Up to $10,500 upon receipt and acceptance by the Province of the Interim Disbursement Request; and Up to $8,190 upon receipt and acceptance by the Province of the Final Report. PAYMENT MILESTONE I AMOUNT Upon execution of the Agreement $17,810 and receipt and acceptance by the Province of the certificate of insurance required under section 11.2 of the Agreement ......... ......... ......... ......... ......... ........_ ......... ......... ......... ......... .................. Upon receipt and acceptance by $10,500 the Province of the Interim Disbursement Request ......... ......... ........ ................ ............ .. ......... .............. .............. ... ................ .............. .. .................. Upon receipt and acceptance by $ 8,190 the Province of the Final Report. Note: The actual Funds disbursed to the Recipient under this Schedule may be adjusted in accordance with section 4.2 of the Agreement, subject to the Enrolment Allocation in the Funding Year per Schedule "A". Page 28 of 61 Page 209 of 401 SCHEDULE"D" REPORTS REPORT DETAILS All Reports shall be submitted electronically to clara.robinson flontario.ca and copy summer. companyflontario.ca unless otherwise directed by the Province. 1. SCREEN Input Report The Recipient shall complete and deliver the following table for the SCREEN Input Report: SCREEN Input Report NAME OF REPORTS DUE DATE 1. SCREEN Input Report On a date or dates specified by the Province. 2. Interim Disbursement Request July 31, 2018 3. Success Stories August 31, 2018 4. Final Report October 31, 2018 5. Such additional reports as the Province may specify from time to time On a date or dates specified by the Province. REPORT DETAILS All Reports shall be submitted electronically to clara.robinson flontario.ca and copy summer. companyflontario.ca unless otherwise directed by the Province. 1. SCREEN Input Report The Recipient shall complete and deliver the following table for the SCREEN Input Report: SCREEN Input Report 2018 Number of Application Inquiries Number of Submissions Number of Approved Participants Number of Withdrawals (Approved Participant withdrew after approval by the Recipient). Number of Defaults (Approved Participant did not complete his/her Summer Company program business in accordance with the Program Guidelines and his/her Summer Company Grant Agreement). Page 29 of 61 Page 210 of 401 2. Interim Disbursement Request The Interim Disbursement Request must include the following: A completed Schedule "E", Request for Interim Disbursement. 3. Success Stories The Recipient shall submit success stories equaling to at least 10% of the total number of the Approved Participants. The success stories shall include a description of the Approved Participants business and experience with the Program; and photos. The stories shall be a minimum 100 words each. Photos will meet the below requirements: • Should be action shots or should show the student displaying his/her product; • Should NOT include a third party; • Must be HIGH Resolution File (see below); and • Must be saved as First_LastName_City of Program Provider.JPEG (for example: John—Doe—Windsor). ------------ Photo > 1000x1400 > 1.0 MB Requirements: pix The Recipient will ensure that for each success story submission (comprised of (i) the story describing the student's Program participation; and (ii) photograph(s) of the student participant), the following completed and signed forms (all of which are accessible through SCREEN) shall accompany each submission and will be provided to the Province: 1) Assignment of Copyright (Part 1 of 2): two copies completed, and duly signed and witnessed by the (i) storywriter; and (ii) the photographer (which may be the same or different persons as applicable including the student him or herself); and 2) Waiver of Moral Rights (Part 2 of 2): two copies completed, and duly signed and witnessed by the (i) storywriter; and (ii) the photographer (which may be the same or different persons as applicable including the student him or herself). 4. Final Report The Final Report will be in a template to be provided by the Province in the manner indicated by the Province. Page 30 of 61 Page 211 of 401 The Final Report must include but is not limited to the following: a) Narrative Report A general description of: • The operations of the Project from the Effective Date and to and including September 30, 2018. • Marketing and outreach activities • Successes and lessons learned • Business mentoring groups • The Recipient's provision of French language services and how it is meeting the requirements of section 2.1(g) of the Agreement, if applicable. • The Recipient's measures to ensure compliance with the Accessibility for Ontarians with Disabilities Act, 2005. b) Financial Report • An updated Schedule "B" — Budget, with the Actual column completed and any variances identified. c) Training and Mentoring • Number of training hours • Number of mentoring hours d) Project Report • A completed Schedule "F" - Project Report e) Request for Final Disbursement • A completed Schedule "G" - Request for Final Disbursement. 5. Other Reports • The Province will specify the timing and content of any other Reports that may be required by the Province. Page 31 of 61 Page 212 of 401 SCHEDULE "E" REQUEST FOR INTERIM DISBURSEMENT TO: The Ministry of Economic Development and Growth FROM: Recipient's Name RE: Request for Funds for the Period Ending: July 31, 2018 to cover Approved Participants' Final Instalment of the Micro -Financing Input Report Input Report 2018 Number of Approved Participants A Amount previously received for this fiscal year: $ B Amount requested for Approved Participants' Final Instalment of the Micro -Financing: $ C Actual Interest earned on Funds this fiscal year to date: $ D Total received and requested ear -to -date plus Interest: $ ACTIVITIES & OUTCOMES Progress against planned deliverables and performance targets is on track: Yes ❑ No ❑ If no, explain delays and/or deficits and actions that will be taken to address them. (Max 100 words) BUDGET Budget allocation for this funding period has been expended as planned: Yes ❑ No ❑ If no, provide rationale for budget variances greater than 10% and actions that will be taken to address them. (Max 100 words) Page 32 of 61 Page 213 of 401 PROJECT HIGHLIGHTS Briefly describe key successes to date such as participant success stories, media attention, regional connections established, etc. (Max 100 words) Page 33 of 61 Page 214 of 401 I, [namel I [titlel of [organization's legal Hamel (the "Recipient") hereby certify that: 1. the unexpended and uncommitted balance of Funds as at July 31, 2018 is $; [Instructions: Recipient to fill out]. 2. after making all appropriate examinations and enquiries, the Recipient is in compliance with the terms and conditions of the agreement (the "Agreement") with Her Majesty the Queen in right of Ontario, dated effective October 1, 2017 and there have been no material changes made to the Project or Budget, as such terms are defined in the Agreement; 3. the reported revenues and expenditures for the period ending July 31, 2018 are accurately reported and that all Funds were spent in accordance with the terms of the Agreement; and 4. the amount requested herein as an advance in Funds will be incurred on behalf of the Recipient solely for Micro -Financing. Dated this day of Signed: Name: Title: Organization:_ 2018. [Instructions: Recipient to fill out — name of person with the authority to sign, title, and organization name]. Page 34 of 61 Page 215 of 401 SCHEDULE "F" PROJECT REPORT Project Sections A -C: Narrative Description Please answer all questions in the provided text boxes. Be clear and concise in your response. Once all documents are completed and signed by the designated authority, submit completed electronic copies to Clara Robinson at clara.robinsonp_ontario.ca and copy summer.companyp_ontario.ca. Section A — Organization Information Organization Name: rnmary Aaaress: Street Address 1: Street Address 2: City: Province: Postal Code: maiung Haaress: Street Address 1: Street Address 2: City: Province: Postal Code: Section B — Report Contact Information This is the person who will be the sole contact responsible for all communication with the Province in regards to this report. First Name: Last Name: Title: Phone Number (Work): Fax Number: Email Address: Page 35 of 61 Page 216 of 401 Section C — Summer Company Program Operations Respond in the text boxes provided below. Note that the text boxes will expand as required. Please be clear and concise in your response. 1. Summary of Activities a) Describe your organization's marketing efforts for the Summer Company program. Describe your organization's promotional and recruitment materials used in advertising and marketing the Summer Company program. b) Describe your organization's marketing strategy for the Summer Company program. c) Explain your organization's Summer Company program application and intake process. d) Summarize your organization's Summer Company program training activities. e) Describe the size and composition of your organization's Summer Company program mentoring group. Page 36 of 61 Page 217 of 401 f) Explain your organization's process for following up with mentors and participants. g) Describe your organization's quality assurance process for Project participant grant applications. h) Summarize any Summer Company program milestones and targets achieved within the reporting period. i) Summarize how Summer Company program objectives / expectations have been met, or explain why they have not been met and what corrective actions were taken. j) Identify some successes of the Summer Company program, and aspects of your organization's Project delivery that were particularly successful / worked well. Page 37 of 61 Page 218 of 401 k) Describe measures taken to ensure compliance with the French Language Services Act (FLSA) and the Accessibility for Ontarians with Disabilities Act, 2005. 1) Identify some areas for future improvement in the Summer Company program, and any plans or strategies to achieve those improvements. 2. Program Completion Did your organization complete the Project under the Summer Company program as described in the Agreement? If not, provide an explanation. Page 38 of 61 Page 219 of 401 Please fill out the tables below. SCREEN Input Report SCREEN Input Report 2018 Number of Application Inquiries Number of Submissions Number of Approved Participants Number of Withdrawals (Approved Participant withdrew after approval by the Recipient). Number of Defaults Number of Training Hours (Approved Participant did not complete Number of Mentoring Hours his/her Summer Company program business in accordance with the Program Guidelines and his/her Summer Company Grant Agreement). Summer Company Final Summary Report Number of Approved Participants that withdrew before the first disbursement no award disbursed Number of Approved Participants that withdrew after the first disbursement Number of Approved Participants that successfully Completed the Program Summer Company Training and Mentoring Summary Number of Training Hours Number of Mentoring Hours Page 39 of 61 Page 220 of 401 SCHEDULE"G" REQUEST FOR FINAL DISBURSMENT TO: The Ministry of Economic Development and Growth FROM: RE: Request for Funds for the Period Ending: A Amount previously received this fiscal year: $ B Amount previously received this fiscal year for Micro- Financing: $ C Amount requested: $ D Actual Interest earned on Funds this fiscal year to date: $ E Total received and requested ear -to -date plus Interest: $ ACTIVITIES & OUTCOMES Progress against planned deliverables and performance targets is on track: Yes ❑ No ❑ If no, explain delays and/or deficits and actions that will be taken to address them. (Max 100 words) BUDGET Budget allocation for this funding period has been expended as planned: Yes ❑ No ❑ If no, provide rationale for budget variances greater than 10% and actions that will be taken to address them. (Max 100 words) PROJECT HIGHLIGHTS Briefly describe key successes to date such as participant success stories, media attention, regional connections established, etc. (Max 100 words) I, _[name] [title] of [organization's legal namel (the "Recipient") hereby certify that: Page 40 of 61 Page 221 of 401 1. the unexpended and uncommitted balance of Funds as at September 30, 2018 is $ ; [Instructions: Recipient to fill out]. 2. after making all appropriate examinations and enquiries, the Recipient is in compliance with the terms and conditions of the agreement (the "Agreement") with Her Majesty the Queen in right of Ontario, dated effective October 1, 2017 and there have been no material changes made to the Project or Budget, as such terms are defined in the Agreement; 3. the reported revenues and expenditures for the period ending September 30, 2018 are accurately reported and that all Funds were spent in accordance with the terms of the Agreement; and 4. the amount requested herein as an advance in Funds will be incurred on behalf of the Recipient solely for Eligible Expenditures. Dated this day of: Signed: Name: Title: Organization: 2018. [Instructions: Recipient to fill out — name of person with the authority to sign, title, and organization name]. Page 41 of 61 Page 222 of 401 SCHEDULE"H" ELIGIBLE EXPENDITURES Eligible Expenditures Eligible Expenditures are actual cost outlays directly attributable to and required to implement the Project in accordance with the Agreement including the Budget, and not of a nature that such expenditures would have been incurred by the Recipient in the normal course of business. Eligible Expenditures must be documented through invoices, receipts and/or the Recipient's reports, acceptable to the Province, and are subject to verification by an independent auditor and therefore must be kept on file for audit purposes. Eligible Expenditures must not exceed fair market value. In the event of any interpretation issues regarding an item's eligibility or valuation, the Province has final authority. Eligible Expenditures related to the administration of the Project shall not exceed a maximum of 10% of the overall Budget and the category for Micro -Financing (up to $3,000 in Funds to Approved Participants pursuant to a Summer Company Grant Agreement) shall not be reduced. Eligible Expenditures related to administration costs of the Project include but are not limited to: • Travel costs to attend business meetings within Ontario related to Project administration or to attend meetings that the Province convenes or supports, all of which shall be subject to the Recipient's guidelines on travel, meal and hospitality expenses provided that such guidelines are no less stringent than the guidelines contained in Schedule "I" hereto. • Professional fees, including legal, audit and insurance fees, directly related to and required for the management of the Project or to conduct the work of the Project may be eligible. Documentation may be required. Costs not to exceed fair market value. • Telecommunication fees including connectivity charges directly related to and required for the management of the Project. Eligible Expenditures related to operations of the Project include but are not limited to: • Training delivery and Eligible Participant support costs directly related to the development and delivery of the Project, all of which shall be subject to the Recipient's guidelines on travel, meal and hospitality expenses provided that such guidelines are no less stringent than the guidelines contained in Schedule "I" hereto. Page 42 of 61 Page 223 of 401 • Salaries of Project staff which are pro -rated to the time spent on the delivery of the Project. • Staff training costs directly related to delivery of the Project. • Marketing materials and related communication costs if directly related to the Project. • Information and marketing session costs required to attract Eligible Participants under the Project. • Costs related to facility and equipment rental fees and utilities etc. used specifically to deliver the Project (such costs must be directly related to Project delivery and not of a nature which the Recipient would incur in the normal course of business). • Costs related to work performed by companies or individuals that contribute to the Project under contract. Consulting fees or other services directly related to the Project must be costed at demonstrated fair market value or less. • Professional fees, including legal and audit, directly related to and required for the management of the Project or to conduct the work of the Project may be eligible. Documentation may be required. Costs not to exceed fair market value. Eligible Expenditures that comply with the Program Guidelines include but are not limited to: • Costs directly related to mentorship. • Micro -Financing of up to $3,000 in Funds from the Recipient for Approved Participants, provided a Summer Company Grant Agreement is entered into with the Approved Participant. Ineligible Expenditures include but are not limited to: • Costs related to the development of the Project application. • Costs not directly associated with the delivery of the Project or directly required to meet the activities of the Program. • Costs for Project administration that exceed 10% of the Budget. • Administrative salaries, except for project management costs covered under Project administration and Project delivery. • Out -of -province travel costs for Project staff. • Capital expenses, including but not limited to, land, buildings, leasehold improvements. • Costs related to activities outside of the Project. • Annual membership fees to associations. • Stipends (i.e. cash allowance) for Eligible Participants. • Expenses or fees payable to organizations located outside of Ontario. • Annual membership fees to associations. • Debt reduction charges. • Micro -Financing in excess of $3,000 or more for any Approved Participant. Page 43 of 61 Page 224 of 401 • Micro -Financing for any Approved Participants that the Recipient enrols in excess of the Enrolment Allocation. • Cost incurred for activities that do not comply with the Project and/or help support ineligible or unsuitable participants. • Costs incurred for activities undertaken in the normal course of business. Page 44 of 61 Page 225 of 401 SCHEDULE "I" GUIDELINES FOR TRAVEL, MEAL AND HOSPITALITY EXPENSES ALL EXPENSES MUST BE DIRECTLY RELATED TO THE PROJECT Airplane: Air travel is permitted if it is the most practical and economical way to travel. • Economy (coach) class is the standard option for ticket purchase • Please purchase your ticket as early as possible to access the most reasonable fares Train: Travel by train is permitted when it is the most practical and economical way to travel. • Coach class economy fare is the standard • Please purchase your ticket as early as possible to access the most reasonable fares Vehicle: Travel by vehicle is permitted when road transportation is the most practical, and economical way to travel: • Kilometres are claimed at $0.40 per kilometre in the south and $0.41 per kilometre in the north Taxi Fares: Reimbursement of taxicab fares should be made only under the following conditions: o When other means of transportation are not available o When weather conditions warrant o For health and safety considerations o When transport of work-related baggage or parcels is required o For group travels when cost effective o Maximum claimable gratuity (tip) is 10% Hotels: Reimbursement of hotel costs is permitted when these costs are the most practical and economical way to accommodate the person: o Typically hotels costs should be for $150/night or less — the hotel room cost should be economical for the community in which the hotel is being booked o A basic, economical hotel room is the standard option o Booking hotel suites or larger/more deluxe rooms should not be permitted Page 45 of 61 Page 226 of 401 o When a block of hotel rooms is made available for an event, conference etc. at a reduced rate, rooms at higher rates should not be covered o If another hotel or room is booked when a conference/event block of rooms was available, only costs up to the conference rate should be covered. It is up to the claimant to book the hotel room at the reduced rate within a reasonable timeline to get the rate. o Hotel expenses charged should be for the hotel room alone. Phone calls, room service, internet charges, movie charges, parking, other service charges etc. should not be "bundled" into the hotel room rate. The exception being any food costs that are offered as a deal within a room rate. For example, a hotel "Bed & Breakfast" option where the cost of the room and breakfast are economical. MEAL RATES IN CANADA INCLUDING TAXES AND GRATUITIES • $10.00 Breakfast • $12.50 Lunch • $22.50 Dinner Please Note: • When a meal is provided as part of a conference or other event, the costs of an alternative meal other than the conference or event meal should not be covered. • No alcohol costs can be claimed and should not be covered as part of meal or travel costs. • Reimbursement should be for restaurant/prepared food only. Groceries should not be covered. • Room service meals while staying at a hotel should not be covered. Submitting Claims & Records All travel claims must be maintained for financial records by the claimant and the organization paying the travel claim: • Claimants should submit original, itemized receipts with all claims (credit card slips are not sufficient). • All claims should be supported by original itemized receipts. "Original itemized receipts" refers to a receipt that lists the items purchased and the individual prices for each item on the receipt. These guidelines are a summary from the Province's Travel, Meal and Hospitality Expenses Directive, dated January 1, 2017. To consult with the Province's Travel, Meal and Hospitality Expenses Directive, dated January 1, 2017 as may Page 46 of 61 Page 227 of 401 be amended from time to time please see: https://www.ontario.ca/document/travel-meal-and-hospitality-expenses-directive Page 47 of 61 Page 228 of 401 SCHEDULE "J" COMMUNICATIONS AND CONFIDENTIALITY PROTOCOL The Recipient shall provide at least 10 Business Days' prior notice to the Province of any announcements or advertising campaigns by the Recipient related to the Program (e.g. news release, news conference, awards, etc.). This notice shall be provided to staff identified by the Province and include a copy of announcement materials. The Recipient shall provide the Province the opportunity to participate in these announcements. 2. The Recipient shall promptly notify the Province of any information or decision that would be reasonably likely to result in media interest about the Program. 3. The Recipient will respond to requests by the Province for information about public announcements by the Recipient as soon as possible and will provide an initial response within twenty-four (24) hours. 4. The Recipient will acknowledge that the Recipient is a member of the Ontario Network of Entrepreneurs ("ONE") by using the official ONE logo, in accordance with the ONE Brand Standards Guide. 5. The Recipient will prominently display information about the Summer Company Program on its website, including promotional material and instructions for accessing the Program. Page 48 of 61 Page 229 of 401 SCHEDULE "K" INFORMATION MANAGEMENT AND PRIVACY PROVISIONS 1.0 Definitions 1.1 For the purposes of this Schedule, the following words shall have the meanings ascribed to them below unless there is something in the context inconsistent therewith: (a) "Copies" means duplication, in any medium, of data contained in or derived from SCREEN; (b) "Guarantor' means the parent or legal guardian of a Participant who is matched with the Recipient for the purposes of participating in the Program; (c) "Participant" means a student applicant or participant as the case may be who has been matched with the Recipient for the purposes of participating in the Program; (d) "FIPPA" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended; (e) "Personal Information" has the same definition as in subsection 2(1) of FIPPA; (f) "Program" means the Summer Company Program; (g) "Program Cycle" means the period of time beginning with the submission of a Participant's application and during which the Participant's business is operational as part of the Program; (h) "Program -related information" means information, recorded on any medium that is collected, created or used by either the Province or the Recipient in support of the Program. Program -related information includes, but is not limited to reports, studies, promotional and marketing materials. (i) "SCREEN" means the Summer Company Registration, Eligibility and Evaluation Network web -based system that allows Participants to submit applications and participate in the Program, and that allows the Recipient to administer and manage the Program online. 2.0 Disclosure of Personal Information contained in SCREEN to the Recipient Page 49 of 61 Page 230 of 401 2.1 The Province will provide the Recipient with access to Participant and Guarantor Personal Information contained in SCREEN when the Recipient requires this information to deliver the Program. 2.2 In accessing the SCREEN database, the Recipient must comply with the Province's Acceptable Use Policy, attached as Exhibit "A". 2.3 The Province shall retain custody and control of the records and any Copies of the records contained in or derived from SCREEN. 2.4 The Province will only provide Personal Information to the Recipient to the extent this disclosure is authorized by the person who provided the information to the Province. 3.0 Personal Information the Recipient collects from an Participant 3.1 When the Recipient is required to collect Personal Information from a Participant, the Recipient shall only collect as much Personal Information as is necessary to administer, promote and advertise the Program and notify Participants about other Ministry programs. 3.2 The Recipient will collect Personal Information solely from the Participant or Guarantor to whom the information relates. 3.3 Without diminishing any other security obligations, if the Recipient is required to collect a Participant's or Guarantor's social insurance number and enter it into the SCREEN database, the Recipient will destroy all records of the number in such a manner that the number cannot be subsequently reconstructed or retrieved except through SCREEN, as directed by the Province. 3.4 The Recipient will use, copy and disclose Personal Information solely as is necessary to administer, promote and advertise the Program, or notify Participants about other of the Province's programs. 3.5 The Recipient will collection Personal Information in accordance with and otherwise comply with the Province's privacy policy, which is attached as Exhibit "B". 3.6 The Recipient shall ensure that all Participants that provide the Recipient Personal Information that is entered into SCREEN authorize the Province to use this Personal Information for the purpose of administering, promoting and advertising the Program and notifying Participations about other Provincial programs, subject to the Province's privacy policy. Page 50 of 61 Page 231 of 401 3.7 The Recipient shall notify Participants that they will be able to opt -out of receiving future promotional communications from the Ministry. 4.0 Disposal and Retention of Personal Information 4.1 Where the Province has copies of the Personal Information in the Recipient's possession, upon completion of the Program Cycle, the Recipient shall destroy all copies of Personal Information in its possession in such a manner that the information cannot be subsequently reconstructed or retrieved and shall comply with any additional destruction requirements provided by the Province. 4.2 Upon completion of the Program Cycle, the Recipient shall retain all Program -related information in its possession for a period to be determined by the Province. 5.0 Access and Security 5.1 The Recipient will limit access to Personal Information to those individuals who have a need to know such information. 5.2 The Recipient shall: (a) Secure and protect all Personal Information and Program -related information in its possession from unauthorized access, disclosure or destruction. (b) Ensure that all non -electronic Personal Information and Program - related information in its possession is: (i) stored in locked cabinets; (ii) maintained in a secure, supervised location; and (iii) accessed only by individuals who have authorization to do so. (c) Ensure that all electronic Personal Information and Program -related information in its possession is stored on computers to which: (i) the public does not have access; and (ii) access is restricted by user ID and password. 5.3 The Recipient agrees to implement any other specific security measures that are specified by the Province and that in the reasonable opinion of the Page 51 of 61 Page 232 of 401 Province would improve the adequacy and effectiveness of any measures used to ensure the security and integrity of Personal Information and Program -related information generally. 5.4 The Recipient shall report any known or suspected data breach to the following individual: Manager, Relationships and Contract Management Ministry of Economic Development and Growth 5th Floor, 56 Wellesley Street West Toronto, ON M7A 2E7 Telephone: 416-212-0549 E-mail: summer.companyp_ontario.ca 6.0 Audit 6.1 The Province reserves the right to audit the Program -related activities of Recipients in order to assess and verify compliance with the terms and conditions set out in this Schedule and its compliance with the Province's Privacy Policy and Acceptable Use Policy. 6.2 The Recipient shall, upon the written request of the Province, permit the Province to conduct an audit of its facilities and information management practices. 7.0 Requests, Questions and Complaints 7.1 The Province shall manage all requests related to Personal Information and its privacy policy through the Ministry of Economic Development and Growth's Freedom of Information Coordinator. 7.2 The Recipient shall co-operate with the Province in resolving any privacy complaints or requests for access to information. Page 52 of 61 Page 233 of 401 EXHIBIT "A" - ACCEPTABLE USE POLICY 1. PURPOSE AND DEFINITIONS The purpose of the Acceptable Use Policy ("Policy") is to provide a set of principles and practices governing all users of the Ministry's Summer Company Registration, Eligibility and Evaluation Network ("SCREEN") web -based Back Office. This policy is subject to change from time to time without notice at the sole discretion of the Ministry. This Policy is intended to prevent: 1. Unauthorised collection, use and disclosure of Personal Information; 2. The misuse of SCREEN and of any computer resources used to access SCREEN; 3. Exposure to risks, such as virus and hacker attacks, compromise of network systems and Security Breaches. In this Policy, unless the context otherwise requires, the following terms, words and phrases shall have the meaning indicated below: "Back Office" means the SCREEN application interface used to manage and administer the Summer Company Program. "Breach" means breaking or neglect of a policy or procedure, duty, contract, or someone's privileged rights resulting in the unauthorized access to sensitive information. "End User" means any user with either a "Head Office" or "Officer' account that permits access to the SCREEN Back Office. "Officer' accounts are given by Ministry management to Program Providers. "Front Office" means the SCREEN application interface used by students to submit an application to and participate in the Summer Company Program. "Ministry" means the Ministry of Economic Development and Growth. "Participant" means a student applicant or participant as the case may be who has been matched with the Recipient for the purposes of participating in the Program. "Personal Information" has the same definition as in subsection 2(1) of FIPPA "Program" means the Summer Company Program. Page 53 of 61 Page 234 of 401 "Program Cycle" means the period of time beginning with the submission of a Participant's application and during which the Participant's business is operational as part of the Program. "Program Provider" means entities who assist the Province in delivering the Program, including the Recipient. "Program -related Information" means information, recorded on any medium that is collected, created or used by either the Ministry or the Program Provider in support of the Program. Program -related information includes, but is not limited to reports, studies, promotional and marketing materials. "SCREEN" means the Summer Company Registration, Eligibility and Evaluation Network web -based system that is owned and maintained by the Ministry. SCREEN allows Participants to submit applications and participate in the Program, and that allows Program Providers to administer and manage the Program online. "Security Breach" means the unauthorized disclosure of classified information, or the loss, theft, or deliberate damage of sensitive material assets. 2. SCOPE This Policy applies, without exception, to all Ontario Government employees and Program Providers, assisting in the administration of the Program, who have access to the SCREEN Back Office. This Policy's scope does not apply to the SCREEN Front Office. 3. GENERAL USE (a) For security and network maintenance purposes, the Ministry may periodically authorize the monitoring of equipment, systems and network traffic. (b) The Ministry has the authority to periodically perform a network and system audit or an audit of a Program Provider's facilities to ensure compliance with this Policy. 4. SECURITY AND PROPRIETARY INFORMATION (a) The Back Office interface of the SCREEN system is confidential, to be used solely by Ministry staff and Program Providers with "Head Office" and "Officer' accounts. (b) Access to and use of SCREEN shall be limited solely to the administration of the Program. Page 54 of 61 Page 235 of 401 (c) Personal Information contained in SCREEN shall be used and disclosed only in accordance with the notification provided by the individual to whom the Personal Information relates, or in accordance with any other authorization provided by the individual. All notices of collection for the Program shall state that Personal Information is collected for the purposes of administering, advertising and promoting the Program and contacting Participants about other Ministry initiatives. (d) All End Users are responsible for the security of their SCREEN passwords and accounts, and for ensuring that their accounts are never shared. (e) All End Users are responsible for ensuring that the computers that they use to access the SCREEN Back Office are inaccessible to the public and are either locked, logged off or shut down when unattended. (f) All End Users must adhere to the following SCREEN password rules: (i) A password must have a minimum length of 8 characters. (ii) A password must consist of one or more numbers, one or more upper or lower case letters, and one punctuation character (e.g. "!"). (iii) Passwords must be changed following each Program launch date. (g) Program Providers must ensure that security safeguards, such as anti-virus and anti-spyware software, are installed and kept current on the computers that they use to access SCREEN. (h) All End Users are responsible for reporting immediately any known or suspected security or privacy breach, loss and theft of computerized devices and Personal Information stored on those devices to the following individual: Manager, Relationship and Contract Management, Ministry of Economic Development and Growth, 5th Floor, 56 Wellesley Street West Toronto, ON M7A 2E7 Telephone: 416-212-0549 E-mail: summer.companyp_ontario.ca Page 55 of 61 Page 236 of 401 5. UNACCEPTABLE USE The following activities are strictly prohibited: (a) Engaging in illegal activities while using Ministry resources. (b) Engaging in a personal business while using Ministry resources. (c) Unauthorised copying, use, or disclosure of Program data in any medium. (d) Revealing any technology, such as SCREEN programming code and technical information, without prior Branch senior management approval. (e) Introducing malicious programs, such as viruses, trojans, or malware, into the network or SCREEN. (f) Revealing an account password to others or allowing others to use that account. (g) Permitting unauthorised access to computers that are used to access the SCREEN Back Office. (h) Using the Ministry's computer resources to engage in acts of harassment. (i) Using any Ministry account to commit fraud. Q) Effecting or failing to report a known or suspected Security Breach. (k) Effecting a disruption of the network, including, but not limited to, network sniffing, packet spoofing and denial of service attacks. 6. POLICY COMPLIANCE (a) A violation of this Policy by any Ministry employee or employee of the Government of Ontario, acting on the Ministry's behalf, may result in disciplinary action and/or investigation as needed. (b) A violation of this Policy by a Program Provider may result in the termination of its contract in accordance with its terms. Page 56 of 61 Page 237 of 401 EXHIBIT "B" — PRIVACY POLICY U:Z011Ix61IIz1C1»*_101z/_101z170]NLy, /A1101z The Ministry of Economic Development and Growth (the "Ministry") has adopted the following Privacy Policy (the "Policy") and practices for the collection, use and disclosure of personal information that is contained in applications submitted through the Summer Company Program (the "Program"), or otherwise relates to the Program. The purpose of this Policy is to explain how the Ministry safeguards the personal information provided in connection with the Program. The Ministry is also subject to the Freedom of Information and Protection of Privacy Act, 1990 ("FIPPA"), which governs the collection, use, and disclosure of personal information by the Ministry. This Policy applies to Program Providers. The Ministry has the right to change this Policy at any time without notice. 11:1aIz1111101z K In this Policy, unless the context otherwise requires, the following terms, words and phrases shall have the meaning indicated below: "Ministry" means the Ministry of Economic Development and Growth. "Participant" means a student applicant or participant as the case may be who has is participating or may participate in the Program. "Personal Information" has the same meaning as in subsection 2(1) of the Freedom of Information and Protection of Privacy Act, R. S. 0., 1990 c. F.31 as amended ("FIPPA"). "Program" means the Summer Company program. "Program Cycle" means the period of time beginning with the submission of a Participant's application and during which the Participant's business is operational as part of the Program. "Program Provider" means entities who assist the Province in delivering the Program, including the Recipient. "SCREEN" means the Summer Company Registration, Eligibility and Evaluation Network web -based system that allows Participants to submit applications and participate in the Program, and that allows program providers to administer and manage the Program online. Page 57 of 61 Page 238 of 401 POLICY PRINCIPLES 1. Accountability (a) The Ministry is responsible for the protection of Personal Information under its custodianship and control, in accordance with FIPPA, Part III, Protection of Individual Privacy. (b) The Ministry administers its portion of the Program in accordance with the Ministry's legal authority under the Ministry of Economic Development and Trade Act. (c) The Ministry has designated the Freedom of Information Coordinator with the responsibility of ensuring its compliance with this Policy and all applicable privacy laws, and of answering all questions and requests regarding the collection, use and disclosure of Personal Information. See section 10 below. (d) All Ministry and Program Provider employees shall limit access to Personal Information to those individuals who have a need to know such information to administer the Program. (e) This Policy applies solely to information collected by the Ministry or Program Providers in connection with the Program. 2. Identifying Purposes (a) The Ministry and Program Provider collect, use and disclose Personal Information as is necessary solely for the purposes of administering, promoting and advertising the Program and contacting applicants about other Ministry initiatives. (b) The Ministry and Program Provider identify the purposes for which Personal Information is collected at or before the time the information is collected. 3. Consent (a) The Ministry and Program Provider collect, use, or disclose Personal Information only with the knowledge and consent of the applicant to whom the Personal Information relates, or with the knowledge and consent of his/her guarantor, except where required or permitted by law. (b) Consent is not obtained through deception. Page 58 of 61 Page 239 of 401 (c) Notice of Collection is provided at the time of or prior to the collection of Personal Information. (d) The participant or his/her guarantor may withdraw his/her consent to the collection, use or disclosure of his/her personal information at any time, on reasonable notice. Withdrawing consent may result in withdrawal from the Program and the participant will not be permitted to make another Program application in any future Program year. (e) In the event that the participant or his/her guarantor withdraws his/her consent, the Ministry will erase all the participant's or guarantor's Personal Information from the Program information bank, unless there is an overriding legal requirement to retain the information. 4. Limiting Collection (a) The collection of personal information is limited to those purposes necessary for administering, promoting and advertising the Program and contacting student applicants. (b) The Ministry and Program Provider collect personal information by fair and lawful means. 5. Limiting Use, Disclosure, and Retention (a) The Ministry and Program Provider do not use or disclose Personal Information for purposes other than those for which it was collected, except with the express consent of the applicant or his/her guarantor, or as required or permitted by law. (b) The Ministry retains Personal Information as long as necessary to fulfill the Program's requirements, or as required by law. 6. Accuracy (a) The Ministry ensures, to the best of its ability, that Personal Information in its custody is accurate, complete and up-to-date. (b) To request a correction to one's own Personal Information after the completion of a Program Cycle, contact the Freedom of Information Coordinator as described in section 10 below. 7. Safeguards The Ministry and Program Provider protect Personal Information in their custody by the following safeguards: Page 59 of 61 Page 240 of 401 (a) Physical (e.g. locked filing cabinets, restricted access, appropriate disposal of personal information). (b) Organizational (e.g. security clearances, access only on a "need to know" basis, employee training). (c) Technological (e.g. passwords, data encryption). 8. Openness The Ministry may make available, upon a request in writing or by e-mail to the Freedom of Information Coordinator, the following information: (a) a description of the type of Personal Information held by the Ministry, including a general account of its use, (b) what Personal Information is made available to other organizations. 9. Individual Access (a) After the completion of a Program Cycle, a participant or his/her guarantor cannot access his/her Personal Information via the Web Site. All requests for access to one's own Personal Information must therefore be submitted to the Freedom of Information Coordinator as described in section 10 below. (b) Access requests are governed by FIPPA and access is subject to the limits and exceptions outlined in FIPPA. (c) The Ministry will normally respond to the requester within 30 days after receiving a request. (d) The Ministry may, however, extend the thirty day time limit in certain circumstances. (e) A participant or his/her guarantor may request a correction of his/her Personal Information where the individual believes there is an error. 10. Requests, Questions and Complaints Please contact the Freedom of Information Coordinator in writing or by e- mail at the address below if: (a) You have any questions or complaints about the Ministry's privacy policies and practices; Page 60 of 61 Page 241 of 401 (b) You wish to request access to or a correction of your Personal Information: Freedom of Information Coordinator Ministry of Economic Development and Growth Corporate Services Division 3rd Floor, Hearst Block, 900 Bay Street Toronto, Ontario M7A 2E1 Telephone: 416-326-1344 E-mail: patricia.carroll-tougas@ontario.ca Page 61 of 61 Page 242 of 401 Niagara,aIl�s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Clerks Department SUBJECT: CD -2018-02 Dominion Voting Tabulators RECOMMENDATION CD -2018-02 February 13, 2018 That Council authorize the Mayor and Clerk to sign the Hardware Rental, Software Licence and Services Agreement with Dominion Voting Systems Corporation for election related services for the 2018 and 2022 Municipal Elections. EXECUTIVE SUMMARY The agreement between the City of Niagara Falls and Dominion Voting Systems Corporation (hereafter called Dominion), will provide the City with the licensed hardware and software and the services needed with election counting equipment for the next two (2) regularly scheduled Municipal Elections. BACKGROUND On April 25, 2017 Council passed a by-law to approve the use of optical voting tabulators for the purpose of counting votes at the 2018 Municipal Elections. The City has been using optical voting tabulators dating back to the 1997 elections. In preparation for the 1997 election Council entered into an agreement with then Global Elections for the lease of voting equipment. These same voting tabulators have been used for over 20 years. When they were first leased, and later purchased, it was with the intention that the City would hope to have use of the tabulators for 2 to 3 elections. They have been used now for the past 6 elections. Options will be sought to repurpose / sell our old equipment to perspective buyers. I have already entertained one enquiry as to the availability of our equipment. The most recent agreement for use of these tabulators was with Elections Systems & Software (ES&S) who are based out of Vancouver. Staff have had difficulties with customer service issues with a company who head office is three times zones away and who had limited resources. It also came to our attention prior to the 2014 elections that Page 243 of 401 2 CD — 2018-02 February 13, 2018 ES&S no longer held the rights to the software used to program the tabulators and format the creation of ballot layouts so all of the work had to be outsourced. ANALYSIS/RATIONALE In June of 2018 the provincial elections will be taking place. The use of vote tabulators will be used for the first time at a provincial level in Ontario. The province has made arrangements with Dominion for the use of 6,000 voting tabulators. It came to our attention in 2017 that the province could make arrangements for municipalities to use their leased tabulators during municipal elections, "at an advantageous rate". The details of this agreement are still being worked out but should the City of Niagara Falls also enter into an agreement with Dominion, the wording contained within the City's potential agreement is such that we could take advantage of this offer. In other words, any rate structure that the City agrees to has the potential to lessen once the province works out the details of their agreement. When Elections Ontario and Dominion release their joint Tabulator Lease Program to Ontario municipalities for the 2018 and 2022 municipal elections, the City of Niagara Falls will have the option of choosing to sign on to the Elections Ontario — Dominion Tabulator Lease Program and its associated pricing. Other municipalities within the Niagara Region that are using Dominion include: - St. Catharines - Lincoln - Thorold - Niagara -on -the -Lake - Fort Erie In total, Dominion voting tabulators are already in use in over 100 Ontario municipalities. It is also interesting to note that Dominion will be used in Niagara County, New York as well as 52 of the 58 counties in New York State. Should Council wish to support the recommendation contained in this report, the appropriate execution by-law and agreement are also listed within the February 13, 2018 agenda for consideration. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The total cost for the 2018 Municipal Elections is $91, 885.00. This cost has already been budgeted for as part of this year's election expenses. Once the Province has worked out their deal with Dominion, it is estimated that our 2018 cost would decrease. The proposed agreement would also include services for the 2022 municipal elections at the same rate as 2018. Page 244 of 401 3 CITY'S STRATEGIC COMMITMENT CD — 2018-02 February 13, 2018 Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. LIST OF ATTACHMENTS Appendix 1 — Hardware Rental, Software License and Services Agreement. Recommended by: Respectfully submitted: Bill Matson, Acting City Clerk Ken Todd, Chief Administrative Officer Page 245 of 401 HARDWARE RENTAL, SOFTWARE LICENSE AND SERVICES AGREEMENT This Rental, Software License and Services Agreement (hereafter the "Agreement") dated this 5th day of January, 2018 (hereafter the "Effective Date") is made by and between The Corporation of the City of Niagara Falls, ON, located at 4310 Queen Street, Niagara Falls, ON L2E 6X5 (hereafter "Customer") and Dominion Voting Systems Corporation, located at 215 Spadina Avenue, Toronto, ON, M5T2C7 (hereafter "Dominion"). This Agreement may refer to Dominion and Customer together as the "Parties," or may refer to Dominion or Customer individually as a "Party." 1. Composition of Agreement. Exhibit A is attached and incorporated herein by reference and forms a part of this Agreement. This Agreement consists of the general terms and conditions contained in the following Sections, together with Exhibit A: Exhibit A: Hardware Rental, Software License and Services Agreement 2. Definitions. For the purposes of this Agreement, the following are defined terms: 2.1. "Dominion Software" means software licensed by Dominion to the Customer. 2.2. "Hardware" means Dominion's proprietary voting system hardware as specified in Exhibit A herein. 2.3. "Licensed Software" means the Dominion Software and Third -Parry Software, collectively, together with any user manuals or other associated documentation as described in Section 6 herein. 2.4. "Specifications" means descriptions and data regarding the features, functions and performance of the Dominion Software, as set forth in user manuals or other applicable documentation provided by Dominion. 2.5. "Third Party Software" means manufacturer supplied software, or firmware owned by third parties, which Dominion provides to Customer pursuant to sublicenses or end user license agreements with the owners of such Third Parry Software. 3. Term of Agreement. The "Term" of this Agreement shall begin on the Effective Date and shall expire December 31, 2022. The payment terms of Section 5, to extent of any payments are still due, shall survive any expiration or termination of this Agreement in accordance with their respective terms. 4. Dominion's Responsibilities. 4.1. Dominion shall provide the Customer with the licensed hardware and software, and the services described in Exhibit A (Hardware Rental, Software Licenses and Services Agreement). 4.2. Dominion shall grant to the Customer a non-exclusive, non -transferable, license ("License") to use the Dominion Software and Hardware provided by Dominion pursuant Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 1 of 15 Page 246 of 401 to Section 6 of this Agreement. 5. Customer's Responsibilities. 5.1. In consideration for the products, licenses and services described in this Agreement, Customer shall pay the amounts specified in Exhibit A. Customer is responsible for all sales, excise, personal property or other taxes or duties on the amounts paid or products or services provided under this Agreement. If Customer is exempt from such taxes or duties, Customer shall provide Dominion with a tax exemption certificate. 5.2. Customer shall provide Dominion with physical accommodations reasonably required for Dominion to perform its obligations, including premises access, electrical power, and data connectivity. 5.3. Customer is solely responsible for assuring all relevant federal, provincial, and local laws, ruling and ordinances are complied with in regard to the use of Dominion's system for any Customer election, including all associated election guidelines and applicable election due dates. Notwithstanding any other provision in this Agreement to the contrary, Customer shall defend, indemnify and hold Dominion harmless from and against any and all claims, demands, damages, injuries, expenses (including reasonable attorneys' fees and court costs) and liability arising in connection with the Customer's responsibility pursuant to this Section 5.3. 6. Software and Hardware Rental, License and Use. 6.1. Hardware. Dominion agrees to rent the Hardware to Customer during the Term as described in Exhibit A herein. 6.2. License. Subject to the terms of this Agreement, Dominion grants Customer a non- exclusive, non-transferrable license to use the Software and Hardware solely for the Customer's own internal business purposes. This License shall only be effective during the Term and cannot be transferred or sublicensed. 6.3. No Other Licenses. Other than as expressly set forth in this Agreement, (a) Dominion grants no licenses, expressly or by implication, and (b) Dominion's entering into and performing the Agreement will not be deemed to license or assign any intellectual property rights of Dominion to Customer or any third party. Without limiting the foregoing sentence, Customer agrees to use the Dominion Software outlined in Exhibit A herein, and agrees not to use any Dominion Software as a service bureau for elections outside the Customer's jurisdiction and agrees not to reverse engineer or otherwise attempt to derive the source code of any Dominion Software. The Customer shall have no power to grant sub -licenses for the Software. Any use of all or any portion of the Software not expressly permitted by the terms of this Agreement is strictly prohibited. 6.4. Prohibited Acts. The Customer shall not, without the prior written permission of Dominion: Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 2 of 15 Page 247 of 401 6.4.1. Transfer or copy onto any storage device or hardware or otherwise copy the Software in whole or in part except for purposes of system backup; 6.4.2. Reverse engineer, disassemble, decompile, decipher or analyze the Software or Hardware in whole or in part; 6.4.3. Alter or modify the Software or Hardware in any way or prepare any derivative works of the Software or any part of parts of the system; 6.4.4. Alter, remove or obstruct any copyright or proprietary notices from the Software or Hardware, or fail to reproduce the same on any lawful copies of the Software. 6.5. Proprietary Rights. Customer acknowledges and agrees that Dominion owns the Dominion Hardware, Dominion Software, all documentation and training materials provided by Dominion, the design and configuration of the Dominion Hardware and the format, layout, measurements, design and all other technical information (except for Customer supplied information such as election information) associated with the ballots to be used with the Dominion Hardware. Customer has the right to use the aforementioned items to the extent specified in this Agreement. Dominion likewise owns all patents, trade -marks, copyrights, trade names and other proprietary or intellectual property in, or used in connection with, the aforementioned items. The aforementioned items also contain confidential and proprietary trade secrets of Dominion which are protected by law and are of substantial value to Dominion. 7. Limited Warranties. 7.1. Dominion Software and Hardware. Dominion warrants that, during the term of this agreement, the Software and Hardware will function substantially in accordance with the Specification. If the Customer believes that the Software or Hardware is not functioning substantially in accordance with the Specifications, the Customer shall provide Dominion with written notice of the material failure within ten (10) days of discovering the material failure, provided that the Customer can reproduce the material failure to Dominion. Dominion shall use reasonable efforts to correct the material failure of the Software or Hardware. The foregoing warranty shall be void in the event of the Software or Hardware (i) has been modified by any party other than Dominion or its licensors or (ii) has been used by the Customer for purposes other than those for which the Software or Hardware was licensed. 7.2. NO OTHER WARRANTIES. DOMINION DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 8. Indemnification. Each party to this Agreement shall indemnify, defend, and hold harmless the other party and its officers, directors, agents, employees, and owners from and against any and all demands, claims, damages to persons or property, losses, and liabilities, including reasonable Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 3 of 15 Page 248 of 401 attorneys' fees (collectively, "Claims"), arising out of or caused by the indemnifying parry's gross negligence or willful misconduct in connection with the services contemplated by this Agreement. In addition, Customer shall indemnify and hold harmless Dominion from any third parry claims arising from, or alleged to arise from, Customer's failure to operate properly the System licensed, rented and/or leased under this Agreement, in the manner so designated by Dominion. 9. Limitation of Liability. Dominion's total aggregate liability for any loss, damage, costs or expenses under or in connection with this Agreement, howsoever arising, including without limitation, loss, damage, costs or expenses caused by breach of contract, negligence, strict liability, breach of statutory or any other duty shall in no circumstances exceed the total dollar amount of the Agreement. Neither parry shall be liable for any loss of profits, loss of business, loss of data, loss of use or any other indirect, incidental, special or consequential loss or damage whatsoever, howsoever arising, incurred by the other parry or any third parry, whether in an action in contract, negligence or other tort, even if the parties or their representatives have been advised of the possibility of such damages. 10. Liquidated Damages. Dominion shall not be liable for liquidated damages of any kind. 11. Confidential Information. 11.1. For purposes of this Agreement, confidential information ("Confidential Information") is defined as those materials, documents, data, and technical information, specifications, business information, customer information, or other information that the disclosing Party maintains as trade secrets or confidential and which are disclosed to a receiving Party in tangible form conspicuously marked as "confidential," or with words having similar meaning or which are expressly identified in this Subsection 11.1. Confidential Information includes all Dominion Software source and object code and written documentation associated therewith. 11.2. Each Parry shall treat the other Parry's Confidential Information as confidential within their respective organizations. 11.3. Neither Parry shall disclose the other Party's Confidential Information to any person outside their respective organizations unless disclosure is made in response to, or because of, an obligation to any federal, provincial, or local governmental agency or court with appropriate jurisdiction, or to any person properly seeking discovery before any such agency or court. 11.4 Each Parry shall be given the ability to defend the confidentiality of its Confidential Information to the maximum extent allowable under the law prior to disclosure by the other Parry of such Confidential Information. 12. Termination. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 4 of 15 Page 249 of 401 12.1 If either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the non -breaching Parry, the non -breaching Parry may terminate this Agreement as of a termination date specified in that notice or in a subsequent notice delivered within the 30 -day period. If the breach cannot be completely cured within the 30 -day period, no default will occur if the Party receiving the notice begins curative action within the 30 -day period and thereafter proceeds with diligence and in good faith to cure the breach as soon as practicable. 13. Risk of Loss Insurance. Customer shall bear the entire risk of loss or damage to the Hardware and Software after Customer receipt of the Hardware and Software. The occurrence of any such loss or damage shall not permit Customer to delay or reduce the payment of any fees prescribed under this Agreement. Customer may, at its own expense and option, obtain and maintain property and casualty insurance for the Hardware and Software against all risks of loss or damage. The amount of such insurance shall not be less than the replacement cost of the Hardware and Software. All policies for such insurance shall (i) designate Dominion as a named insured and Dominion and Customer as loss payees, as their interests may appear and (ii) contain a provision that entitles Dominion to at least fifteen (15) days' written notice prior to cancellation or modification of such insurance policy Customer shall provide Dominion with a certificate of insurance with respect to such policy on or before the time of delivery of the System. Customer shall not be relieved of the obligation to reimburse Dominion for the costs associated with damage or loss to the Hardware and/or Software by failing to obtain the insurance coverage as described above. 14. Assignment and Right to Subcontract. Neither Parry may assign its rights, obligations, or interests in this Agreement without the written consent of the other Party. 15. Governing Law. This Agreement will be construed under the laws of the Province of Ontario, and the courts within the Province of Ontario shall have non-exclusive jurisdiction for all actions to enforce this Agreement. 16. Survival. The provisions of Sections and Subsections 1, 2, 3, 7, 8, 9, 10, 11, 15, 16, 18, and 20 shall survive the expiration or termination of this Agreement. 17. Force Majeure. Should any circumstances beyond the control of Dominion or Customer occur that delay or render impossible the performance of any obligation due under this Agreement, such obligation will be postponed for the period of any delay resulting from any such circumstances, plus a reasonable period to accommodate adjustment to such extension, or cancelled if performance has been rendered impossible thereby. Such events may include, without limitation, accidents; war, acts of terrorism; natural disasters; labor disputes; acts, laws, rules or regulations of any government or government agency; or other events beyond the control of Dominion or Customer. Dominion shall not be liable under this Agreement for any loss or damage to the Customer due to such delay or performance failures. Notwithstanding the foregoing, both Parties shall use their best efforts to minimize the adverse consequences of any such circumstances. This Section shall not operate to excuse any Parry from paying amounts that are owed pursuant to this Agreement. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 5 of 15 Page 250 of 401 18. Legality and Severability. This Agreement and the Parties' actions under this Agreement shall comply with all applicable federal, provincial and local laws, ordinances, rules, regulations, court orders, and applicable governmental agency orders. If any term or provision of this Agreement is held to be illegal or unenforceable, the remainder of this Agreement shall not be affected thereby and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The Parties agree that any court reviewing this Agreement shall reform any illegal or unenforceable provision to carry out the express intent of the parties as set forth herein to the fullest extent permitted by law. 19. Waiver. Any failure of a Parry to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any provisions herein. 20. Notices. All notices required or permitted to be given hereunder shall be given in writing and shall be deemed to have been given when emailed, personally delivered or by nationally recognized overnight carrier or mailed, certified or registered mail, return receipt requested, addressed to the intended recipient as follows: If to Dominion: Dominion Voting Systems Corporation Attn: Office of General Counsel 215 Spadina Avenue Toronto, ON M5T 2C7 If to the Customer: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 21. No Third Party Beneficiaries. Dominion and the Customer agree that this Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third parry, and that there are no third -parry beneficiaries of this Agreement or any part or specific provision of this Agreement, and no third parry shall have any right to enforce this Agreement or any provision hereof. 22. Entire Agreement. This Agreement and its Exhibits incorporated herein by reference constitute the entire agreement, understanding and representations between Dominion and the Customer, and supersede and replace all prior agreements, written or oral. No modifications or representations to the Agreement shall be valid unless made in writing and signed by duly authorized representatives of both the Customer and Dominion, and incorporated as an Addendum hereto. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 6 of 15 Page 251 of 401 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. DOMINION VOTING SYSTEMS CORPORATION AUTHORIZED SIGNATURE PRINTED NAME TITLE DATE THE CORPORATION OF THE CITY OF NIAGARA FALLS AUTHORIZED SIGNATURE PRINTED NAME TITLE DATE Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 7 of 15 Page 252 of 401 EXHIBIT A HARDWARE RENTAL, SOFTWARE LICENSE AND SERVICES AGREEMENT THE CORPORATION OF THE CITY OF NIAGARA FALLS ELECTION SERVICES, DELIVERABLES AND PRICING, PAYMENT SUMMARY 2 -Election Contract This is a 2 -Election Contract, including the system deployment for the 2018 election and the 2022 election. Elections Ontario — Dominion Tabulator Lease Program Option When Elections Ontario and Dominion release our joint Tabulator Lease Program to Ontario municipalities for the 2018 and 2022 municipal elections, the City of Niagara Falls will have the option of choosing to sign on to the Elections Ontario — Dominion Tabulator Lease Program and its associated pricing, if the Elections Ontario — Dominion Tabulator Lease Program offers lower pricing than the Dominion pricing shown to on this Contract. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 8 of 15 Page 253 of 401 Tabulator System Service or Product Provided Associated # of Units or Unit Price Extended ® ImageCast Optical Scan Ballot Days I I Price Voting Technologies ® ImageCast Optical Scan Ballot 50 units $1,300 $65,000 Tabulator (including memory cards (for Election Day, Advance for each unit) Voting Days, and Backup) ® ImageCast Accessible Voting Ballot 2 units $5,000 flat $6,700 Marker Device Add -On Component (for deployment on Advance rate for Audio (including Headset, Hand -Held Voting Days, and/or Election Ballot License Controller, Paddles Device, Sip -and- Day) and Puff Device (with 10 mouthpiece Programming, straws), and Ballot Printer, for plus $850 per deployment at central locations, for tabulator electors who cannot negotiate a receiving the paper ballot) add-on component Subtotal 1 $71,700 Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 9 of 15 Page 254 of 401 Democracy Suite Software Election Management System (EMS) Flat Rate Charge $6,700 $6,700 License Includes the following components: - Election Event Definition Module License ® Module hosted by Dominion - Results Tally and Reporting Module License ® Module installed on laptop computer provided by Dominion and delivered to your location. Laptop computer rental included in this license ® Includes 2 memory card readers to upload results from memory cards to Results Tally laptop. ® Standard results reports included as part of module Election Night Graphical Results Display Flat Rate Charge $3,500 $3,500 ® Standard template configured with your logo and colours ® Allows real-time result updates as results are released by your officials on Election Night ® For projection at City Hall, display on websites, feeding to television, etc. Subtotal $10,200 Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 10 of 15 Page 255 of 401 Professional Services $108,100 Implementation Services Flat Rate Charge $22,100 ® Dominion labour for Project $91,885 Planning, Coding, System plus tax Configuration, Pre -Ship Testing and per Election Project Execution Onsite Training 1 Trainer for 1 session $1,300 $1,300 ® In-person training session conducted by Dominion staff. Includes all travel expenses. Election Day Onsite Support 1 Representative for 1 day $1,300 $1,300 ® Dominion Support Representative for Onsite Support on Election Day. Includes all travel expenses. Advanced Voting Day Phone Support Included Included ® Dominion Phone Support via Hotline for Advanced Voting Days Shipping ® Equipment (delivery and return) and Flat Rate Charge $1,500 $1,500 Consumables (including ballots) Subtotal 1 $26,200 Tabulator System Lease Subtotal $108,100 Multi -Election Discount (15%) $ -16,215 Tabulator System Lease Total $91,885 plus tax per Election Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 11 of 15 Page 256 of 401 PRICING SUMMARY Dominion Tabulator Lease Total $91,885 for 2018 Election plus tax Dominion Tabulator Lease Total $91,885 for 2022 Election plus tax Pricing Notes ® The above pricing involves the rental of the tabulators and software for the election event. ® The above pricing does not include applicable taxes, which will be charged extra. ® The Shipping flat rate charge shown above is based on Dominion's standard shipping plan and schedule for equipment and consumables. Any extra shipping charges incurred due to the customer causing a deviation from Dominion's standard shipping plan and schedule will be charged extra. ® After the election, the Customer must repackage the tabulators and peripheral equipment in the same manner as which they were delivered, for pickup by the Dominion shipper. This includes packing equipment in their respective boxes. If the equipment was delivered via skids, the Customer will place the equipment back on the same skids and wrap the skids with shrink wrap. Dominion reserves the right to charge the Customer extra if equipment is not repackaged for pickup in the same way it was delivered. ® The above pricing is for ballot tabulation equipment, licenses, and services only, and does not include ballots, ballot boxes, pens, various consumable election supplies, etc. See below for ballot and election supplies pricing. ® Above pricing does not include any onsite Logic and Accuracy Test support by Dominion personnel. In most cases, municipal staff can complete the tabulator testing process, using Dominion's written instructions, and Dominion phone support if needed. However, if the Municipality prefers to have a Dominion support rep onsite to oversee the testing process performed by your staff, this can be arranged, at our normal rates. ® Election Day Onsite Support will be provided by a Dominion -trained support representative. This representative will have a general knowledge of different aspects of your election system, and will serve as initial support for any issues that may arise, and this representative will utilize the Dominion Election Day Phone Support Hotline to obtain direct phone instruction from top Dominion engineers who are experts in each component of your election system. ® Pricing does not include services or onsite support for any recounts or other post-election audits. Dominion is happy to provide support for these post-election events, based on our standard rates, and based on the support services required by the customer. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 12 of 15 Page 257 of 401 Payment Terms For 2018 Election: ® 40% of total 2018 system price plus tax due at contract execution. ® 40% of total 2018 system price plus tax due upon delivery of the 2018 tabulators. ® 20% of total 2018 system price plus tax due upon completion of the 2018 election. For 2022 Election: ® 40% of total 2022 system price plus tax due at January 15, 2022. ® 40% of total 2022 system price plus tax due upon delivery of the 2022 tabulators. ® 20% of total 2022 system price plus tax due upon completion of the 2022 election. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 13 of 15 Page 258 of 401 2018 Consumable and Additional Item Pricing Below are prices for consumable and additional items for your 2018 election, for your reference. Election Supplies Quantity Unit Price Price Ballot Box—Large Podium Style As needed $50.00 As needed ® Based on the standard Dominion by Municipality each $ 0.25 each Ballot Box — Small Table -Top Style As needed $50.00 As needed 8.5" by 11" size each Secrecy Folders As needed (approx. 30 per $2.40 each As needed wrapped in bundles of 200 sheets location recommended) Ballot Marking Pens As needed (approx. 30 per $2.00 each As needed location recommended) Memory Card Plastic Tie Seals As needed $2.00 each As needed Additional Memory Cards beyond those As needed $80 each As needed included in the tabulator rental, to allow redeployment of a tabulator (incl. programming) (2 cards needed per unit) Election Supplies Total As needed Ballots Ballots Quantity to be determined ® Based on the standard Dominion by Municipality $ 0.25 each ballot template style, at standard 8.5" by 11" size ® Ballots will be delivered shrink- wrapped in bundles of 200 sheets Ballot Total As needed Notes: Ballots must be purchased from Dominion, since Dominion only uses certified printers who have a proven track -record with Dominion. For efficient and accurate ballot scanning and tabulation, the ballots must be printed without any errors, under strict time restraints, and Dominion has certified and integrated our systems with this proven network of certified printers. Ballot pricing is based on the standard Dominion ballot template style at standard 8.5" by 11" size. Dominion may charge extra for custom changes to standard ballot design. Ballot boxes are sold in sets of 3 -packs or 5 -packs only. Taxes are not included in the above pricing, and will be charged extra. Shipping is included for the above items. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 14 of 15 Page 259 of 401 -ELECTION CONTRACT DETAILS (FOR 2018 AND 2022 ELECTIONS) Under this Dominion 2 -Election Contract: ® You will receive your 2018 election system at the price shown on this contract, and you will receive your 2022 election system at the same price as the 2018 election shown on this contract. As such, you will lock in your 2018 and 2022 election system at the current low prices shown on this contract, and therefore will not pay for inflation, unexpected price increases, etc. ® You will receive free tabulator rentals for any by-elections during the contract period (you will only pay for by-election services, software licensing, ballots and other consumables). ® The contract will begin upon contract execution, and will terminate on Dec 31, 2022. ® You will pay for the 2018 election in 2018, and pay for the 2022 election in 2022 NOTE: Municipality may revise quantities for the 2018 and 2022 elections, based on election plans at that time, as long as they advise Dominion at the start of the election year. Dominion will invoice Municipality at the line -item prices shown on this contract, for the final quantities ordered. If the Municipality chooses to have a manual count election in 2022 (i.e. not involving any vote tabulation automation), or chooses an election method for which Dominion does not provide an automation system for the 2022 election, the Municipality can cancel the 2022 segment of the contract at that time. If the Municipality chooses a different election method in 2022, and Dominion provides or will provide an automation system to handle that method, the contract will remain in place and Dominion will charge the Municipality the appropriate price for the new system based on Dominion's widely quoted standard 2017 rates. Therefore, if the Municipality changes the type of system they require in 2022, they will still receive Dominion's 2017 pricing under the contract. The Municipality's previously -agreed contract system price will be applied against the new system price, resulting in either a rebate to the Municipality or an additional charge to the Municipality (depending on if the new system is priced higher or lower than the previously -agreed system contract price). Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 15 of 15 Page 260 of 401 Niagara alts REPORT TO SUBMITTED BY SUBJECT: MW -2018-01 February 13, 2018 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW -2018-01 George Bukator Park Licence and Sublicence Agreement Renewals RECOMMENDATION That the Mayor and Clerk be authorized to execute a Licence and Sublicence Agreement with Ontario Power Generation for the use of George Bukator Park and trail. EXECUTIVE SUMMARY In order to retain the City's rights to use George Bukator Park, the existing licence and sublicence agreements require renewal with Ontario Power Generation (OPG) and the Niagara Falls Rowing Club. The renewal of the agreements will be a continuation of the existing conditions for up to twenty (20) additional years. BACKGROUND George Bukator Park was established as a City park in 1984. The majority of the waterfront property that the park occupies is owned by OPG. In 2016 the City of Niagara Falls partnered with the Niagara Falls Rowing Club to establish a new rowing facility at George Bukator Park. To facilitate the rowing club development the City of Niagara Falls entered into a sublicence agreement with the Niagara Falls Rowing Club and OPG. The term of the sublicence was made coincidental with the current OPG licence agreement with an expiry of June 30, 2017. Refer to report MW -2015-06 (attachment #2). ANALYSIS/RATIONALE The current licence and sublicence agreements lapsed on June 30, 2017. OPG has provided a standard renewal agreement. The sublicence renewal term will be made coincidental with the licence agreement. Page 261 of 401 - 2 - MW -2018-01 February 13, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The renewal of the agreements will be a continuation of the existing conditions for up to twenty (20) additional years. There are no financial or staffing implications. CITY'S STRATEGIC COMMITMENT Implementation of these agreement renewals meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. George Bukator Park Location Map 2. MW -2015-06 — George Bukator Park Rowing Facility - Niagara Falls Rowing Club Agreements. Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer D. Antonsen Page 262 of 401 Niagara,aIl�s REPORT TO SUBMITTED BY: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2018-09 February 13, 2018 SUBJECT: PBD -2018-09 PLC -2017-004, Request for Removal of Part Lot Control Lots 16, 178 18, Plan 59M-427 Southgate Estates Plan of Subdivision Applicant: Zaph Developments (Niagara) Inc. RECOMMENDATION That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 16, 17 and 18, Registered Plan 59M-427, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Zaph Development (Niagara) Inc. has requested that Council pass a by-law to exempt the subject lands from being subject to Part Lot Control to allow the sale of the individual dwelling units of the 3 semi-detached dwellings which are under construction. The request can be supported based on the following. The use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision; The zoning permits the proposed parcel sizes; and The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Zaph Development (Niagara) Inc. has submitted a request to have Part Lot Control lifted from Lots 16, 17 and 18, Registered Plan 59M-427 (known as the Southgate Estates plan of subdivision). The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots within registered plans of subdivision. In this case, the removal of Part Lot Control is requested to allow the creation of 6 separate parcels for 6 semi-detached dwelling units which are currently under construction. Refer to Schedule 2, 3 and 4 for further details. Page 263 of 401 2 ANALYSIS/RATIONALE PBD -2018-09 February 13, 2018 The subject lands are located within the Southgate Estates plan of subdivision (59M-427) which was registered on July 26, 2016. The subdivision contains a mix of lots for single detached dwellings and semi-detached dwellings. The subject lands are zoned Residential Mixed (R3-972) by Zoning By-law No. 79-200, as amended by By-law No. 2012-133. The proposed parcels comply with the zoning regulations. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots from Part Lot Control to allow lot lines to be reconfigured or part of a lot to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the semi-detached can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period should be sufficient time to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS ➢ Schedule 1 - Subdivision Plan ➢ Schedule 2 - Lot 16 ➢ Schedule 3 - Lot 17 ➢ Schedule 4 - Lot 18 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-09, PLC -2017-004, Request for Removal of Part Lot Control Southgate Estates.docx Page 264 of 401 3 PBD-2018-09 February 13, 2018 SCHEDULE1 ate A ss r. RA J Page 265 of 401 4 PBD -2018-09 February 13, 2018 SCHEDULE2 !wig -Aul 7 j - U. Z,411 z Page 266 of 401 5 PBD -2018-09 February 13, 2018 SCHEDULE3 u. EC 7 W7 � 09,10, Dz wz owl� n F•—v,"'it 13 ---------- ry -- ----- —z..-... a 09L goo -N '15kr 5q FA7LJabd3d I U �raw�ti�-wre xm awanrr:nM ss�^aaa•�aaoauracro sw �.waralx�a) E ', �' �� ),VM,HOIH HAGVZn3', N33nO Imo. V _ R� 1— �"" 0sit � .1 x Qa„ �cn CIL "< for,lo ._ � a 'IV 4y - py �. Ill Page 267 of 401 V CIL W Ill Page 267 of 401 A PBD -2018-09 February 13, 2018 SCHEDULE4 2 8 2OU X fir's aln NIN bd U ? MAW"I Page 268 of 401 -------------- Nf CD -J� Page 268 of 401 co Nf 15 --i z -T- FTT Page 268 of 401 Niagara,aIl�s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2018-12 Residential Rodent Control Rebate Program RECOMMENDATION PBD -2018-12 February 13, 2018 1. That Council approve the Residential Rodent Control Rebate Program, as proposed in this report, with a maximum eligible rebate for the services of a licensed pest control expert of $200 per residential property per calendar year, and a proposed 2018 budget of $50,000. 2. That staff will monitor the issue and report back on the rebate program at the end of 2018. EXECUTIVE SUMMARY At their January 9, 2018 meeting, Council directed staff to provide an update report on the rat problem in the City and future steps to deal with the issue. Rats are common in urban areas such as Niagara Falls. In recent years, many different health departments across the Province have been overwhelmed with the number of rat sightings. Rats and mice are carriers of disease and can cause damage to homes and property. A proposed expenditure of $50,000 is included in the 2018 Operating Budget which will be offset by a transfer from reserves until the program can be evaluated after this initial pilot stage. The purpose of this report is to seek Council's approval to implement a Residential Rodent Control Rebate Pilot Program beginning on April 9, 2018. BACKGROUND The State of the Problem In Niagara Falls, statistics gathered by the Municipal Works department indicate that rat complaints and/or rat sightings have risen from 135 in 2016, to 185 in 2017. Fourteen calls have been received as of January 31s`, for 2018. These figures may not include those who have contacted the Region, or a pest control expert, directly. Page 269 of 401 2 PBD -2018-12 February 13, 2018 The City of Niagara Falls will respond to residents experiencing rat sightings within their yard. The Niagara Region Public Health Department addresses reported concerns of rats found within the interior of the home. Current Rodent Control Efforts Public Awareness, Education and Control Effective rodent control requires a coordinated and cooperative effort between home owners, Niagara Region Public Health, and the City of Niagara Falls staff. Given that rodent infestation may not be created by the property affected homeowners are faced with the cost for the extermination. The City of Niagara Falls will provide education and outreach to residents and stakeholders to enhance awareness and knowledge in the identification, prevention and control of rodent infestation. This educational information will be delivered through bulletins and guidelines that will advise homeowners to: monitor their property for possible evidence of rodents, improve sanitation and eliminate nesting sites, prevent rodents from entering their home, eliminate food source, use effective traps, and how to hire a professional for the extermination. This information will be posted on the City's website with the appropriate municipal contact information for complaints, advice, and rebate program details. The City of Niagara Falls Municipal Enforcement Clerk will accept all rodent complaints at which time will be logged into a database and assigned to a Municipal Enforcement Officer to inspect the site and validate the existence of rodents. If the Officer discovers that rodents do exist at the complainant property the Officer will issue a report indicating the existence of rodents at which time the complainant can apply for a one time residential "Rodent Rebate Program" to assist in the cost for the extermination of the rodents. The Officer will further investigate adjacent properties that could be a possible cause to the rodent infestation, such as garbage, wood piling, and debris. In the event that adjacent properties are in contravention of the Property Standards By-law the Municipal Enforcement Officer will issue an Order to any adjacent home owner identified as contributing to the rodent problem and ordering them to remove the infraction. All reports, evidence, and data will be filed with the Building Division, Municipal Enforcement Section and will be communicated to the Municipal Works Department for mapping and analyzing at a larger scale to determine if a greater problem exists beyond single property causation such as: new construction sites, sewer infestation, or other disturbed lands. This will be reported to Council annually. Page 270 of 401 3 Municipal Baiting of Sanitary Sewers PBD -2018-12 February 13, 2018 The City will continue to bait the sewers when it is appropriate to do so. Sewer baiting is scheduled on a case by case basis, and after any property standards issue has been investigated. Baiting of municipal sewers involves the City's licensed Pest Control Contractor applying a high concentration of rodenticide onto the benching of the inside of sanitary sewers. Selected manholes are treated within a radius of the area of concern. The poison blocks may fall to the bottom of the sewer but will not dissolve. It may get water logged or flushed away but will still bind together in block form. If a rat consumes the poison it will die within 4 to 24 hours. Staff and the City's Pest Control Contractor are currently investigating alternative forms of rodenticide. It makes sense to bait the sewers only when rats are actually living in the sewers, to be effective in reducing the rat population. Typically, sewers are not a preferred habitat for rats. WzFill A'&9691Mil 1101z/e1I Proposed Rodent Control Rebate Program As previously mentioned, private property owners need to be diligent in maintaining their properties to ensure it is free of any waste, or potential food, water and habitat sources. Private property owners should also be making an effort through baiting of their own properties to try and eliminate any rat infestations. Should the resident need assistance to control rats on their property, they are encouraged to call a licensed pest control expert to confirm the presence of rodents (including rats), and recommend actions to eliminate the rodents from that property and surrounding properties. The City understands that ridding private property of rats can be costly and is proposing a rebate program to assist residential property owners with the cost of professional rodent control within their yards. Once the homeowner has filed a complaint and a Municipal Enforcement Officer has attended the site, the homeowner can arrange for an extermination company to bait their exterior property and address any homeowner concerns. The homeowner can submit the rebate program form together with the original paid invoice to the Municipal By-law Enforcement Clerk for processing. The maximum amount of the rebate would be 50% of the cost to a maximum of $200.00. The attached 2018 Residential Rodent Control Rebate Program form details instructions, terms and conditions for residents who wish to apply for a rebate toward the cost of abatement on their exterior residential property. The rebate only applies to services provided by a licensed Canadian pest control contractor. It does not include Page 271 of 401 PBD -2018-12 February 13, 2018 pest control products purchased by the property owner at retail outlets for their own application. The Contractor will also be required to complete a form with the rebate application which will detail the services and recommendations provided to the property owner. This information will be useful to understand if the issue is site specific or attributable to a larger area. It will also encourage homeowners to carry out the professional recommendations provided in order to be eligible for future rebates. Working with residents and other stakeholders, City staff will continue to monitor the rodent issue and follow up with complaints from residents. Rats are part of any urban area and it is not possible to eliminate them entirely. The proposed residential Rodent Control Rebate Program should help to manage the rat population. Other Municipalities In 2017 only two other Ontario municipalities were found to offer rat control programs for residential exterior properties; The City of Windsor (population 218,270) and the City of Sault Ste. Marie (population 73,368). Both consisted of the municipality issuing a tender/request for proposal for the supply of rodent control to the exterior of residential private properties. Due to budget restraints in 2018 the Sault Ste. Marie program was discontinued after one year. The City of Windsor has a current three year contract expiring on March 31, 2020. No rebate program is offered in Ontario municipalities that staff is aware of FINANCIAL/STAFFING/LEGAL IMPLICATIONS An amount of $50,000 is included in the 2018 Operating Budget to fund a residential Rodent Control Rebate Program in 2018. Based on 2017 complaint numbers, the budget should be sufficient to provide up to a $200 rebate to those affected residential property owners. The funding of the program will be offset with a transfer from operating/capital reserve. Once the pilot project is conducted and evaluated, the expenditure amount and funding source will be determined. CITY'S STRATEGIC COMMITMENT The recommendations in this report are consistent with Council's Strategic Priorities to ensure a healthy and safe community. Page 272 of 401 5 LIST OF ATTACHMENTS PBD -2018-12 February 13, 2018 1. 2018 Residential Rodent Control Rebate Program Form (Draft) 2. 2018 Residential Rodent Control Rebate Program — Contractor Form (Draft) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer D. Morton/A. Herlovitch/S. Tudini Page 273 of 401 Page 274 of 401 Additional Instructions and Program Notes: 1. Once completed, all applications must be handed in to the Municipal Service Centre located at 3200 Stanley Avenue (Municipal Works Department), or to the (Building Services Department) at City Hall, or at the customer service centre located at the MacBain Community Centre. 2. All applications must be accompanied by a copy of the original receipt/bill of service from a Canadian contractor, including proof that the services were rendered to the exterior of the residential property of the applicant (i.e. billing address listed on the bill of service). 3. All applications must be accompanied by the completed Contractor Information Form. Failure to comply with professional recommendations may result in denial of future rebate requests. 4. Applications do not guarantee a rebate as they are evaluated and processed on a first come first serve basis. 5. Rebates will only be credited to the property owner for the address where the services were performed. Proof of an active property tax account at the subject address may be required (i.e. a current property tax or water bill). 6. Applications will only be received for purchases within the current calendar year (2018). Only one rebate per property will be accepted per calendar year. 7. Eligible rebates are equal to 50% of the cost to a maximum limit of $200.00 per application. All additional costs are the sole responsibility of the property owner. 8. Eligible rebates are for residential properties only. Defined as a single detached dwelling, duplexes or triplexes created from the separation of a single detached dwelling into separate living units, or a semi- detached dwelling. Business, Commercial, industrial, manufacturing or residential properties with buildings greater than four units are not accepted. Dwellings of any type subject to a Condominium Agreement are not included. 9. The rebate is not valid for any service inside of buildings or crawl spaces. 10. The City of Niagara Falls actively encourages residents to retain the services of a local licensed pest control service provider, however it is not mandatory to do so. This rebate is for the services provided by a licensed Canadian pest control contractor only. It does not include pest control products purchased by the property owner at retail outlets for their own application. Application revised on: February 5, 2018 Implemented on: April 9, 2018 Page 275 of 401 Page 276 of 401 Teresa Fabbro From: Bill Matson Sent: Monday, February 12, 2018 2:16 PM To: Teresa Fabbro Cc: Alex Herlovitch; Ken Todd; Jim Diodati Subject: FW: Rat Problem in Niagara Falls Teresa, Please attach the email below as correspondence related to Report PBD -2018-12. Bill Chase has requested to speak to the matter. Bill -----Original Message ----- From: Bill Chase [mailto:billbillchase@hotmail.com] Sent: Monday, February 12, 2018 1:09 PM To: Bill Matson Subject: Rat Problem in Niagara Falls Hi Bill, it's Bill Chase from 4608 Queensway Gardens in Niagara Falls. I would like to be put on the agenda to speak on Tues Feb 13/18 in regards to the rat problem in Niagara Falls. We have lived here since May 1991 and never seen a rat in our neighbour until development started at the old Optimist Park. We contacted city hall in June of 2015, which we were told to contact the Region. We started seeing rats Father's Day of 2015 running across our interlock brick patio around our pool.An inspector came to our home and did a walkabout and told us that a garden is food for rats so we pulled it out. She delivered brochures to homes in our block and asked me to deliver more which I did. We've continued to buy rat traps and trap them and so has some of our neighbours. We seen them in pool and hit one with skimmer net side to kill it . We appreciate NF council addressing this issue and working with the residents to help resolve this problem. Thankyou Bill and Sylvia Chase Sent from my iPad Page 277 of 401 Niagara,aIl�s REPORT TO SUBMITTED BY SUBJECT: PBD -2018-14 February 13, 2018 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2018-14 Matters Arising from the Municipal Heritage Committee Interim Replacement of Municipal Heritage Committee Member RECOMMENDATION That Council approve the appointment of Cindy Mokry to the Municipal Heritage Committee to replace Theresa Felicetti who recently resigned due to work and school commitments. 2. That this appointment be for the duration of the current term of the Committee. EXECUTIVE SUMMARY At the January 25, 2018 meeting of the Municipal Heritage Committee, the Committee received a letter of resignation from Theresa Felicetti who was resigning due to work and school commitments. The Committee, coincidently, had an inquiry from the new owner of the Oswald House, Cindy Mokry, who indicated an interest in learning about the Committee. When contacted, Ms. Mokry agreed to become a member of the Committee and fulfill the remainder of Ms. Felicetti's term. BACKGROUND Typically, replacements to Committees are suggested from those persons who did not get appointed to Committees when the Committees were originally appointed following the last election. Given that this list would now be almost 4 years old, it seems a more prudent action would be to accept the name of someone who has more recently indicated an interest in a Committee and is therefore presumably ready, willing and able to become involved. Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer P.Boyle:gd S:\PDR\2018\PBD-2018-14, Matters Arising from MHC -Member Replacement.docx Page 278 of 401 e Memorandum of Understanding Regarding Jim Mitchinson Scholarship presented by the Niagara Falls Mayor's Youth Advisory Committee Between Tom Mitchinson and the City of Niagara Falls Mayor's Youth Advisory Committee This Memorandum of Understanding (MOU) sets forth the terms and understanding between Mr. Tom Mitchinson and the City of Niagara Falls Mayor's Youth Advisory Committee for the administration of a scholarship in honour of Jim Mitchinson. Background In 2017, the Mayor's Youth Advisory Committee launched a scholarship to recognize students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career. The scholarship was intentionally developed to recognize volunteerism and not grades. The scholarship is to be awarded to one or two students per year with a maximum of $1000.00 distributed annually (one award of $1000.00 or two awards of $500.00 each). Currently the award is funded 50% through the Mayor's Office and 50% by the Mayor's Youth Advisory Committee. In August of 2017, Tom Mitchinson contacted the Mayor's Office to talk about the possibility honouring his late father Jim Mitchinson who had been a long serving and dedicated volunteer in the City of Niagara Falls. Mr. Mitchinson suggested the possibility of an annual award in his father's memory to recognize a City resident who has made contributions to the betterment of the municipality. In addition, he was open to providing an annual financial contribution to the award. After some discussion it was decided that the Mayor's Youth Advisory Committee Scholarship would be a good and mutually beneficial option to explore. In September of 2017, the Mayor's Youth Advisory Committee discussed the possibility of revising the name and funding source for the MYAC Scholarship. It was agreed that a partnership would remove the burden from future MYAC Members of raising additional funds annually; while continuing to highlight the values of the committee; with the added benefit of providing recognition for a community member who embodied these same values. Since the partnership would not change the intent of the scholarship, the team recommended proceeding with the name change and redevelopment. A Great City ... For Generations To Come Page 279 of 401 Purpose This MOU will serve as an understanding that the Mayor's Youth Advisory Committee along with City Staff will continue to administer the renamed MYAC scholarship and Mr. Tom Mitchinson will provide $1000 annually for ten years to fund the scholarship. The above goals will be accomplished by undertaking the following activities: City of Niagara Falls Mayor's Youth Advisory Committee: • Continue to promote the scholarship ensuring recognition of Jim Mitchinson in all promotions • Maintain an online application form and database • Select the recipient(s) annually and notify student and school • Provide scholarship cheque(s) to the student(s) • Cheque(s) to be presented by the Mayor of the City of Niagara Falls or designate at a June Meeting of Council • Invite, Tom Mitchinson, or a member of his family each year to present the cheque(s), along with the Mayor, to the selected student(s) • Provide Tom Mitchinson with a tax receipt for his annual donation Tom Mitchinson: • Provide $1000.00 to the City of Niagara Falls Mayor's Youth Advisory Committee on an annual basis after selection of recipient(s) for a ten year term • Annually attend, or send a family representative to attend, a June Meeting of Council to present the cheque(s), along with the Mayor, to the selected student(s) Duration This MOU is at-will and may be modified by mutual consent of Mr. Tom Mitchinson and the City of Niagara Falls Mayor's Youth Advisory Committee. This MOU shall become effective upon signature by Mr. Tom Mitchinson and the City of Niagara Falls Mayor's Youth Advisory Committee and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by Mr. Tom Mitchinson and the City of Niagara Falls Mayor's Youth Advisory Committee this MOU shall end on February 14, 2028. Contact Information Tom Mitchinson Phone: 416-961-4041 Email: mitchinsontom@aol.com City of Niagara Falls Mayor's Youth Advisory Committee Beth Angle, Community Development Coordinator 7150 Montrose Road, Niagara Falls, ON L2H 3N3 Phone: 905-356-7521 X 3336 Email: bang le@niagarafalls.ca Signature: Date: Tom Mitchinson Signature: Date: Kathy Moldenhauer, Director of Recreation & Culture City of Niagara Falls A Great City ... For Generations To Come Page 280 of 401 R&C-2018-03 NiaFebruary 13, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-03 Mayor's Youth Advisory Committee Scholarship Amendments RECOMMENDATION 1. That Council approve the recommended name change of the Mayor's Youth Advisory Committee Scholarship to the "Jim Mitchinson Scholarship presented by the Mayor's Youth Advisory Committee" effective for the 2018 Scholarship Award selection and presentation. 2. That Council approve the proposed Memorandum of Understanding to outline the new funding arrangement for the Scholarship. EXECUTIVE SUMMARY The Mayor's Youth Advisory Committee launched a new scholarship in 2017 to recognize students for their community and school involvement. Later that same year, a benefactor, Tom Mitchinson, contacted the Mayor's Office to explore the potential of recognizing his late father Jim Mitchinson by establishing an annual award. The benefactor was particularly interested in recognizing others who have made contributions to the betterment of the municipality. It was determined that the intent of the MYAC Scholarship was well aligned with the values that Jim Mitchinson embodied and would be an excellent opportunity to create a mutually beneficial partnership. BACKGROUND In 2017, the Mayor's Youth Advisory Committee launched a scholarship to recognize students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career. The scholarship was intentionally developed to recognize volunteerism and not grades. The MYAC Scholarship is to be awarded to one or two students per year with a maximum of $1000.00 distributed annually (one award of $1000.00 or two awards of Page 281 of 401 2 R&C-2018-03 February 13, 2018 $500.00 each). Currently, the award is funded 50% through the Mayor's Office and 50% by the Mayor's Youth Advisory Committee. The Mayor's Youth Advisory Committee typically operates with an approved budget of $2000 per year. The Committee is responsible for raising any additional funds required to implement their annual plan. MYAC's portion of the scholarship funds would need to be raised by the committee on an annual basis. In August of 2017, Tom Mitchinson contacted the Mayor's Office to talk about the possibility of honouring his late father Jim Mitchinson. Jim dedicated countless volunteer hours to the preservation of heritage in Niagara Falls. He was involved in the 1970 restoration of St. John's Anglican Church and continued to volunteer and serve on church committees for his lifetime. He was instrumental in the creation of the heritage organization the Friends of Stamford Village and in the creation of the Niagara Falls Heritage Week and was a highly involved and dedicated member of both. Over the years he also served on the Niagara Falls Board of Museums, Lundy's Lane Historical Society, Centennial Book Committee "Images of a Century", and the Ontario Hydro Memorial Committee which is located on the Haulage Road Recreational Trail. (See Attachment #2 for further information). Mr. Mitchinson suggested the possibility of an annual award in his father's memory to recognize a City resident who has made contributions to the betterment of the municipality. In addition, he was open to providing an annual financial contribution to the award. After some discussion, it was decided that the Mayor's Youth Advisory Committee Scholarship would be a good and mutually beneficial option to explore. Tom Mitchinson has agreed to provide $1000.00 annually to fund the scholarship for the next ten years. In September of 2017, the Mayor's Youth Advisory Committee discussed the possibility of revising the name and funding source for the MYAC Scholarship. It was agreed that a partnership would remove the burden from future MYAC Members of raising additional funds annually, while continuing to highlight the values of the committee. It would also provide the added benefit of providing recognition for a community member who embodied these same values. Since the partnership would not change the intent of the scholarship, the team recommended proceeding with the name change and redevelopment. ANALYSIS/RATIONALE Creating and maintaining a scholarship to recognize students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career remains the priority of MYAC. The name change and funding change ensures the continuation of the award for a minimum of ten years. The partnership meets the needs of the family of Jim Mitchinson and of the Mayor's Youth Advisory Committee. Page 282 of 401 3 R&C-2018-03 February 13, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Currently the MYAC Scholarship is funded 50% through the Mayor's Office and 50% through fundraising by the Mayor's Youth Advisory Committee. By developing the Scholarship as the Jim Mitchinson Scholarship and partnering with Tom Mitchinson the Scholarship will be externally funded for the next ten years. CITY'S STRATEGIC COMMITMENT Strategic Priority, A Vibrant and Well planned City, Key Action: Continue to implement the recommendations from the 2007 Strategic Plan for the provision of Parks, Recreation, Arts & Culture. ATTACHMENTS 1. Draft Memorandum of Understanding 2. Bio of Jim Mitchinson Recommended by: Respectfully submitted: Kathy Moldenhauer, Director of Recreation and Culture Ken Todd, Chief Administrative Officer Page 283 of 401 Attachment #2 BIO — JAMES (Jim) Mitchinson James (Jim) W. Mitchinson was born in Niagara Falls, Ontario, Canada in 1925. After graduating from high school he joined the Canadian Air Force where he trained as a Navigator and served in World War II. After the war, thanks to the GI Bill, he enrolled in the Bachelor of Business Administration program at the University of Toronto and graduated in 1948. While in Toronto he met his wife Georgina and they married and moved back to Niagara Falls in 1949. Back in Niagara Falls Jim worked for the Ohio Brass Company for 35 years and he and his wife raised three children. Jim passed away in 2013 with his wife following two years later. Jim was extremely involved in the community throughout his life. Over the years he received several honours for his exemplary volunteer contributions. Among those awards were two City of Niagara Falls Volunteer Recognition Awards and the very prestigious Ontario Heritage Community Recognition Award. Jim dedicated countless volunteer hours to the preservation of heritage in Niagara Falls. He was involved in the 1970 restoration of St. John's Anglican Church and continued to volunteer and serve on church committees for his lifetime. He was instrumental in the creation of the heritage organization the Friends of Stamford Village and in the creation of the Niagara Falls Heritage Week and was a highly involved and dedicated member of both. Over the years he also served on the Niagara Falls Board of Museums, Lundy's Lane Historical Society, Centennial Book Committee "Images of a Century", and the Ontario Hydro Memorial Committee which is located on the Haulage Road Recreational Trail. Jim volunteered in areas other than heritage including a time on the executive of the YMCA, acting as a volunteer driver for the Canadian Cancer Society driving patients for treatments in Hamilton and Toronto at least once a week for many years, and more. Singing was a big part of Jim's life; he was a member of the Gentlemen Songsters and then the Niagara Men's Chorus (when they amalgamated in 1999) participating until he was 87 years old. Jim Mitchinson was truly a part of the fabric that makes up Niagara Falls and exemplified volunteerism and giving back to the community. Page 284 of 401 Niagaraialls REPORT TO: SUBMITTED BY SUBJECT: TS -2018-02 February 13, 2018 Mayor James M. Diodati and Members of Municipal Council Transportation Services TS -2018-02 - Impacts of CN Train Operations on the City of Niagara Falls - RFP71-2017 RECOMMENDATION 1. That RFP71-2017, to provide consulting services to address the Impacts of CN Train Operations on the City of Niagara Falls, is awarded to WSP Canada Group Limited. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The City of Niagara Falls has, for some time, experienced the problem of trains blocking roadway approaches within its urban area boundaries. This can occur during normal train operations when long trains move through the City; it also can cause drastic issues when trains, either through planned operation or due to mechanical breakdown, stop for extended periods of time completely blocking the various road crossings. In 2007, the City completed the "Railway Grade Separation" Class Environmental Assessment, which provided the comprehensive examination of future grade separations. This current project will build upon and progress the work conducted through the 2007 EA by; developing recommendations related to mitigating the impacts associated with CN Rail operations, by firstly exploring all feasible opportunities to relocate through freight operation onto other active rail corridors, and secondly by evaluating strategic grade separation candidate sites, to reduce the probability of community isolation caused by train -induced delays. Most importantly this project will include a comprehensive analysis of transportation and socio-economic factors to develop a business case solution to implement, and advocate for, the study recommendations. Stakeholder and public consultation will also be undertaken to ensure all of the impacts on the City are thoroughly documented and taken into consideration. The City received eleven (11) Request for Proposal (RFP) submissions. Technical proposals were evaluated by a Committee. Following the technical evaluations, the top three (3) highest scoring submissions were granted an interview to present their technical proposals and address any questions or concerns from the Committee. The interviews were scored accordingly. Lastly, the financial proposals were scored according to the RFP criteria and combined with the technical proposal and interview Page 285 of 401 TS -2018-02 February 13, 2018 scores. The highest scoring submission based on the three (3) evaluations was WSP Canada Group Limited. WSP Canada Group Limited is a multidisciplinary firm who have assembled a highly qualified team consisting of transportation, railway, consultation and socio-economic experts. WSP has successfully completed many projects of this scope and scale; they are fully capable of undertaking and completing this project. The anticipated start date for this project is February 2018 to be completed by July 2018. BACKGROUND The City of Niagara Falls has, for some time, experienced the problem of trains blocking roadway approaches within its urban area boundaries. This can occur during normal train operations when long trains move through the City; it also can cause drastic issues when trains, either through planned operation or due to mechanical breakdown, stop for extended periods of time completely blocking the various road crossings. Over the years, changes to the existing railway track system have occurred alleviating train blockages at several key areas within the City such as Clifton Hill. Today, the Canadian National Railway (CN) maintains two railway lines entering into the City including the Grimsby and Stamford Subdivisions. The Grimsby Subdivision is, for the most part, grade -separated at critical road -rail locations, while the Stamford Subdivision remains the only rail line that cuts through the City's urban area. The majority of the CN Stamford Subdivision roadway crossings are at -grade with the exception of the Queen Elizabeth Way (QEW) between Montrose Road and Dorchester Road. At present, CN maintains a single rail line within the Stamford Subdivision right- of-way limits. This rail line is currently the cause of the majority of traffic crossing delays and represents a real challenge for emergency services as the rail line traverses key east -west and north -south arterial roadways within the City's main urban area. These at -grade crossings make it difficult to anticipate delays, modify emergency response routes, and accommodate traffic demands throughout the City. Through previous environmental assessment studies undertaken by both the City of Niagara Falls and the Regional Municipality of Niagara, traffic and rail operations at a number of existing at -grade railway crossings were examined. These previous studies raised concerns with respect to traffic operations and safety at the crossing locations and recommended a more comprehensive examination of a future grade separation(s) at key locations within the City's urban area. In 2007, the City completed the "Railway Grade Separation" Class Environmental Assessment, which provided the comprehensive examination of future grade separations. Based on previous studies current conditions concerns with respect to traffic operations and safety at the at -grade crossings are evident. Furthermore, at -grade rail lines are a Page 286 of 401 3 TS -2018-02 February 13, 2018 constraint to economic and social growth in the City of Niagara Falls. Trains that currently travel along the CN (Stamford Subdivision) at -grade rail line represent "real time" delays to response times for emergency services. Train movements occur on a daily basis, effectively bisecting the City of Niagara Falls. The length of each train movement ranges from a single engine to over 100+ train cars. Accordingly, the delay to traffic (vehicular, cyclists, and pedestrians) at each of the level crossings depends on the length and speed of each train. The magnitude of congestion along the individual roadway approaches depends not only on the train movement itself but also on the vehicular approach volumes for the duration of the train movement. As traffic volumes increase across the City, the movement of trains along the existing CN line will continue to cause longer delays to both traffic, and more importantly, to emergency services. ANALYSIS/RATIONALE The Study Area for this project is focused along the Canadian National Railway Company's (CN), Stamford Subdivision which traverses the length of the City of Niagara Falls from west to east. Within the City of Niagara Falls limits, there are fourteen (14) at - grade road/rail crossings along the Stamford Subdivision. Both Municipal and Regional crossings will be review. The Study Area is illustrated in Attachment 1. The Objectives of this project will include the following: Develop a comprehensive Report which will document and quantify the current impacts of CN train operations on the City of Niagara Falls, including but not limited to: o Impacts on the transportation network within the vicinity of all fourteen (14) at -grade crossings; o Impacts on Emergency Services response time and routing; o Impacts on residents; o Impacts on business / commerce; o Impacts on the environment, emissions, whistle blowing, etc.; and o Impacts on pedestrian and vehicular safety. Develop a multi -modal (vehicle and train), microscopic simulation model, to accurately analyze, depict and illustrate the impacts of a train breakdown occurrence on the roadway network. • Coordination with City, Regional, and Emergency Services Staff to collaborate and collect data required to achieve the reports objectives. • Undertake consultation with various stakeholder groups to ensure all of the impacts on the City are thoroughly documented and taken into consideration. Page 287 of 401 4 TS -2018-02 February 13, 2018 • Develop innovative ways of engaging the public through facilitation of Public Information Centres (PIC's) to present the findings of the technical components and solicit feedback from the general public. • Document the finding from the technical, stakeholder outreach, and public consultation components into a comprehensive report. • Develop recommendations related to mitigating the impacts associated with CN Rail operations. Firstly, by exploring all feasible opportunities to relocate through freight operation onto other active rail corridors, and secondly by evaluating strategic grade separation candidate sites to reduce the probability of community isolation caused by train -induced delays. • Present the Study findings to the City of Niagara Falls Council The City received eleven (11) Request for Proposal (RFP) submissions. Technical proposals were evaluated by a Committee. Following the technical evaluations, the top three (3) highest scoring submissions were granted an interview to present their technical proposals and address any questions or concerns from the Committee. The interviews were scored accordingly. Lastly, the financial proposals were scored according to the RFP criteria and combined with the technical proposal and interview scores. The highest scoring submission based on the three (3) evaluations was WSP Canada Group Limited. WSP Canada Group Limited is a multidisciplinary firm who have assembled a highly qualified team consisting of transportation, railway, consultation and socio-economic experts. WSP has successfully completed many projects of this scope and scale; they are fully capable of undertaking and completing this project. The anticipated start date for this project is February 2018 to be completed by July 2018. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost to undertake this project is $175,108. Regional Municipality of Niagara will be contributing $50,000 towards this project. Staff will be exploring additional funding opportunities though Federal Railway Safety Programs, if applicable. Page 288 of 401 5 CITY'S STRATEGIC COMMITMENT TS -2018-02 February 13, 2018 The undertaking of this project is supported by the City's 2015 - 2018 Strategic Priorities to eencourage multi -modal travel and active transportation initiatives, and enhances motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Attachment 1 — Project Study Area / At -grade Railway Crossing Locations Recommended by: Karl Dren, Director of Transportation Respectfully submitted: Ken Todd, Chief Administrative Officer MB/ Page 289 of 401 N STUDY AREA MAP ARailway/Subdivisions & At -Grade Crossings tnD RD n v �a�NiP z 0 to RESERVOIR U.S.A. kp f n is CANADIAN NATIONAL RAILWAY/COMPANY (CN) Stamford Subdivision (Study Area) Grimsby Subdivision (Not in Study Area) a 0 Study Area At -Grade Road/Rail Crossing 0 CANADIAN PACIFIC RAILWAY (CP) Montrose Subdivision (Not in Study Area) r i Page 290 of 401 Teresa Fabbro To: Bill Matson Subject: RE: Special Occasion Permit . From: Heather Gorman [maiIto: hgorman@niagaraparks. com] Sent: Tuesday, January 23, 2018 12:33 PM To: Bill Matson Cc: Charles Hunter Subject: RE: Special Occassion Permit Hi Bill, Absolutely! The event is just called Floral Workshops. They are all being held at the Floral Showhouse at 7145 Niagara Parkway, Niagara Falls. This is a seasonal event and is taking place over four dates at the following times: Springtime Table Arrangement Wednesday, March 28 7-9pm Summer Succulent Picture Frame Arrangement Thursday, June 14 7-9pm Fall Harvest Urn Thursday, September 27 7-9pm Winter Holiday Swag Thursday, November 29 7-9pm We will be selling tickets to the event and providing all of the supplies for our participants to create a seasonal piece to take home. It will be advertised through NPC social media and open to anyone who would like to purchase a ticket. The event is inspired by a Christmas workshop we have held for the last few years at the Laura Secord Homestead to tremendous success. We will still have one at that location this year, but it will not be a licenced workshop. Beyond promoting the Niagara Parks Commission, this event highlights the abundance of local flowers and the beauty of our region. We anticipate this event will also target our local visitors and get them engaged with the Niagara Parks and the Falls outside of our heavy tourism hours. If there is anymore information I can provide for you, please let me know. When do you anticipate this would be brought forth to a city council meeting for approval? Thank you so much for all of your help! Heather From: Bill Matson [mailto:billmatson@niagarafalls.ca] Sent: January-23-18 12:13 PM 1 Page 291 of 401 To: Heather Gorman <hgorman@niagaraparks.com> Subject: Special Occassion Permit Heather, Please provide me with some further information on the event, such as the date, location address, how the event is open to the public... I can then bring this forward to a City Council meeting for their consideration to declare the event as "municipally significant". Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Heather Gorman [mailto:hgor an@niagaraparks.com] Sent: January 23, 2018 11:43 AM To: Lydia Picca Subject: LCBO Special Occasion Permit Hello Ms. Picca, I am writing to inquire about obtaining a letter in support of an LCBO Special Occasion Permit for a small, multi -day event I am planning through the Niagara Parks. We are planning to host four seasonal workshops (1 per season) at the Floral Showhouse where participants can design and create a seasonal floral arrangement under the guidance of our experienced floral designers. We thought it would be nice for these workshops to have some cheese and fruit, as well as the ability to buy a glass of wine or two. This wouldn't be any big event, 30 participants maximum, and would not be an event where we would sell a lot of wine. It is just an added bit of occasion for people looking to get out of the house during the week for a couple of hours. I have started my application with the LCBO, but I just need a letter in support saying it's Municipally significant in order to get the permit. If you could please let me know if this is possible or if there are any additional steps needed from me, I would be greatly appreciative. Thank you so much for your time, Heather NIAGARA Heather Gorman � PARKS'MANAGER: EDUCATION AND PUBLIC PROGRAMMING P 905-354-6678 M 905-968-8524 3050 Niagara Parkway Niagara Falls, Ontario, Canada L2G 61R5 hciorman(a)niaciaraparks.com niagaraparks.com Page 292 of 401 Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 293 of 401 Dear Mayor and City Council Members. On Behalf of the RMHA, the Board of Directors and Johnna Blanchfield President, We request the honor of your presence at our Championship day on Saturday March 3rd 2018. Along with this request we also have a major favor to ask. As you know our hockey league is a benevolent league. We rely on volunteers, enrollment, sponsors and community help to make our league function. Without the generosity of these avenues we would not be able to bring affordable hockey to Niagara. We need all the support we can get, if this criteria is not met, this could unfortunately be our last year in operation. There are so many children out there whose parents cannot, to put it bluntly, afford the more conventional leagues. Sports help keep our children off the streets and instill a sense of pride and belonging in them. We would be honored if you could take time from your busy schedules to be with us at 2:00pm to help give out trophies to our little mini blades. It would also be an honor to have you cut our 20th Anniversary Cake in the Community Room following the on ice award presentations. With your interests being known we could hopefully benefit from some much needed publicity to make the public aware of what we do and the concerns about our future. Please consider your presence with us that day strongly as our youth have only those who truly care to support them. On behalf of the RMHA and our children we sincerely hope that you will accept this invitation. Thank You Johnna Blanchfield RMHA President President4rmhaLco eg co.ca 905-329-6988 Page 294 of 401 Page 295 of 401 Page 296 of 401 Page 297 of 401 I uwowwlulww ,w rvelma�loo walaa Ru r ma oml�uwlr',n�mmv Vk pyp i IIAM1Al1�tH�IIAINNA�@�1r frr awn....IwwU mmlwimolmly O u!www+wdw ryry�gqpp',', ��pg 41NIh1tVldY�1146m1&IWw � �� V) i c� > O n� ii n� ii • - z c, O v �� V) O +� Q U a--� L .O O Page 297 of 401 Page 298 of 401 f f r� o o- i f u :rro 1 �JJJJJJJJr n< i r ,I t Page 298 of 401 Page 299 of 401 QJ U - Q -ID O L/) QJ i d �lulma O E �i'•„ U)U 4- QJ C-a � � § QJ a y �i� 9 III I� Iii W IIT 7 Pu��l�il�� i E 4-D 0 cn QJ 0-0 � _ b�i0 QJ � O O L ZD L 4� O LO + 4-1 QJ cn O4-1 E Ln �>> CI3 cDt,0 0 173- U cu O r Q L2 0O c6 Ln O Ln ru L-Q L _O -C Q m >J O O QJ O LnQJ Q V) � c6 Q O ON n V) - QJ E r- Ln a,� 0ucu �� M QJ -0 bD QU - - bD i cn QJ QJ a - - Ln QJ Q1 > aO Z QJ — CB Ln L _ U -0 U O QJ Q) O b0 O } cb Ln L CL M 4O Ln Q 4-,N E U cu O C QJ QJ > N U QJ cn � Q U QJ c6 ru p a--� N N V) N U QJ > -� N cu = m bD 9-4 0 . h^ CD Q Q }U- O U N} E tW 0-.— W L m QJ O O cu .0 - cn m bA L/)t� Q J U= ,-n O c�i� J a� 7 -0 cn 2 4-O > '� +1 _0N � tb +� L QJ QJ m (O ate--+ +-+ V) U QJn+ LJ n +4-Q Ln 0 Q ID M m — CD � � c OLn CD� U 4—i Z3 -0 OLn p 4-1 ^ V) O O> 0 — O E cb + -0 0 M� U) L N �N O QJ CD QJ QJ U r-I 4' 0 � n O U-)Ln QJ -C V) CD L- QJ b(3)D cn U O m cb O a U Page 299 of 401 Page 300 of 401 a� 0 O CL W d �� d) d •s d E O ^ x W t 3 y � v J � of LO U Z o ❑ > ` ' Q c v z a O U s n, O °'a_ a �, "' L o N Q +� OO `0 O73 Dn O m �- W O S Q U_ O Z O a i D N 3 C% Vl — 4- 0 u d a - 4- a+ O £ O v 3 QCL a O x a� s Page 300 of 401 Page 301 of 401 touj L 0 to Ln cn Q1 m E � O � p O > (U Ln O N of O w I O � c O U I J co O~� c 66 U �^ �W � - co c Q) O0 a- j QJ 0 Q QaQm o a� N O Ln > m QQ m , -I--� OL N-0 2 u I c O I O u -0 CL) I �m , w o - Ln N B c6 Ln O CD QJ L Q Q 00 Ln Q 0 m Q)Ln 0) ate1 O _- O 00 m E NO 0 U 0 D O m ^' > 0 0L x LU Page 301 of 401 Page 302 0 401 2 (L( \ � % % E \ 0 \ _ 0 _ + s � � e \ \ 3 _ o w / \ ® \ [ \ / / n 0 J a m u / 0 3 e w= 0 — � CD0-Ln� � � \ cu \ �14h Cl E G f 4 / y 2 / 0 \ ) \ % 0 0 \ / « } \ s p ƒ m © 0 3 / u \ ° _ / ° / ' C) ƒ g / \ \ % * --7- § W / � 0 \ � / 0 \ % e } \ \ % 3 \ ° � � / § � / � \ / ( E � ® m ° L ƒ \ / / \ \ 0 $ < } / G 0 CDL r_- \ = 7a ® / / / 0 0- / \ / \ c — / / ƒ / \ a s 7 4 / \ ƒ ƒ ƒ \ / \ \ 0 ° s % 3 ° u 0 / \ §_ \ \ G % y > » _ » / \ cm / ° [ 2 / j ° ( 2\ \ e± 0 ± ƒ c e u ƒ 2. 2 e< / \ E / 0 \ / ƒ / / \ / J \ 0'E / \ ƒ \ o = 0 0 / \ 0 j = \ \ / 0 S � ) / / / u ƒ / / / 0 o m r / \ \ _ . . . . . . . . . . Page 302 0 401 Page 303 of 401 0 0 v v 00 c O W -1 N O Q O O 4-1N 4-1 N Lc � � O o L �_0 O O � Qj cu L L 1 0�� v c Ln -0�.� °;E _ a coa) 4-1 c U*) +- } �--i U ?j = �"' 4 -�() c ?: c 4J O a� L =3 V)oo � � z a', � V l Ln 4J — N O L O cn i O O +- = O l]A O E N Q O Lq O c O 0 � � 00.- L0-0m-1ul Q O O > > cn c- cn p O O N CL > O � 4J _0 O Q ,= 0 4- O V J v� c M _ � o +- 4-- c O w 4J m p N Ln = CL) t6 cbA Xa -0 } L +� O O N N to 4J O U O N -0 CD > N },L- L O O O U L- • 4.1 c L > a-1 _Q O +- =4-C M _ QJ L O v 1 C - Ln U) LI)d C4-1 �^^/ +-� 0- cn E N 4- _ - cn 1 O O -0 N a--+ =3CD-> W /� V) Ln O �' r6 U N N Ln ca cn c O cn 0- o O- N oC w > L N0 m ED 0 O to O � a) �� m ��O O- O N N W O O O M 0_ CU CU O LL n LI) O QJ 0 a ) Nc E - -cc in O L i 0_ O cu aO - c O b.0 -0-c O ir 5.O O O Q C L O cu —L -O v a - O NC - Ln m to O > a) L/) Q Ln � 4— L n c u InA > }O O Q Q m Page 303 of 401 Page 304 of 401 � ' cc ' z CL) U Q C O Q QJ � Q a 00 QJ 4J O + E to N U p QJ QJ m Q C O 0E E O 00 In O O t o A LO O Ln QJ L'i N L C 'C Ln L v LJ L O Q olo. QJ U L Q Q In _ L Q014J Q Q) O C Q7 C� C N [6 O C to >„ Q L °J a L v E �� L N V E = 00 z tiLi N Q � � -1 Ln� O E u m = � ON U C V) p to C U- > �/ ) C �G ON `� _ >- O C O r6 m C N O Om C O O O Q O Q L C O O Ln -C m > C 0 Q Cn E w C ifs�~ O OL O +� L O Q1 2 O O 73 N p N r d Uc U X r6 bp N to o 0 QQ o vc a QN cc [6 Q Q Q +-� ra t +� ON i C Ql X v > Q >, Q v � m O d QJ NQ) -0 C cnO 's C O L1 a Q1 r6 w +- Q CL Q v7 C +' Q C Ql N cn Q> > N C N O O C N 0) O O O Ln .— Q >, ( I L Q iv1 C i 00- >, -0 c N bn _0 C QJ C C �O E QJ p E Q p C cn '� C: > O �, C O Q ate-' N Lr) Q L C c Q Q v O t OU C cn T C Q O u Q Q Q +� Q O .� 4J U C m Page 304 of 401 LU x Page 305 of 401 0 a� +� 00 au o E N N U � CC � C Ln L L (/ cutw +4-1 o Q to L,O 4-1 t j L Q cn U CC) O (D Q Q Q -0 L L4-1 Q Ln (� D Ln o Ln L Q Q Q + z o U O 4-1 Q > Q L m cuC6 = Q N U O + C 0 bA Q O CD0Q� Q Q a- °J o a � N o en c Q cu0 0 CL) o o Q a� oQ o 4- 4 � o 0 0 F- — = o �aei � r� a3 >. L Q o o Q a� m c L Q� � o 0 O _ � Q O E O N + 4J U ,^ S U Q N cu .� V / +- Lu O a U cB +- Ln o p x Q fl CU a >- L- 4- M 4O U W OLn Ql -0 u C �o C6 N .� L C C > N Cl_ N +� tZ0 41 r ^^ p � O � �a- �� oNLncn `Ln O c j 0o 4-1 O Ln 4-1 0 Ln L O >j E U a)L � N p o Q L E � a + N p Q + 4- o U U N L L 0 Q� +-+ V)CiA O >_ � O O O 1 O L Q Ln � c Q o Q 0 Q 0 +- Q 0>2 Qcf� di U Q CL ai Page 305 of 401 LU Page 306 0 401 9-- V) 0 / e G 4-1 DO \ / e q LnE %e .g u 2 E * E 2 °_ E /0 w m 2 3� q y � _ ± m \ 0 \ 0 4- / 0 / (D: 4 .g \ % /Ln E 0 / / 2 E y 4-1 CXD \ / \ / j o \ L- ® 4 2 � G LL / \ m 2 c \ / o C � k � : 2 / k \ 0 2 0 q =Ln 0 2 \ (10 / ! / / \ / \ m L/ 0 ./ e E s u z o co / 7u / \ f E ® \ 2 = 2 z� V g o C = \ g z R o 2 \ u CL.z 4 % 2 ~ m m � / � CL) / 4-1 o ~� \ / \ / / ° / : Q / o e ± � 2 L g o> c z g s E � .- - e e L 0 w/ S// 0 o % / u .\ Ln \ e 4-1 G m E s E / �E p ® o j \ 0 0 2 j 2/ 0 E X \ E� .g Ln / U 2/ a Ln / co _ m \ / \ / c \ 2 \ 2 § u \ § 4 4 4 m Page 306 0 401 Page 307 of 401 r 40ft% C, �I LLJ x ro L ra tao ru z L rL. Lr) v Q%bio v — 4— U U p ru •� Q� � a L OCD Q� � O S n C O E � i pQ CL O U Q L2 41 D O O J c a O c °J m 00 z a c l6 EC: O Z' o N 0 L UJ N E C O � O E c6 O cn O a) 0 O +' a) >-= v < c L- _0ca _ Q Q o E L<2=''0'0 �' > '0 0 L 4A ro U v � E a� o �, v � , v C rD r6 C O- _ - 0 O A t]A Q N > CL)O E apo QJ �� d v v aOpo V/ �0 �XJ (n O _0u t6 bD p m> cn +� ca c Q E c bD M E t E O ra U _ p a� L S E to m C 0 >- ro 0 }_ to O E — a m . L > - E tn - � E 0 w L N Ln m 4— N _0 OU N p Y U d O U O = E 0 p O N Y OU U W U i J .` Qo _ �Q� m . . ... Page 307 of 401 Page 308 of 401 ff I` O Lul 00 4c O O N E QJN U E C6 E Q (U :3 (/ tao a -J Q Q�7 a--+ 0 Q O O 0- i 00 cic� ate -+ O N w L Ln— oo z O L a r -i L a a� W W o UO E n N aA O i a + = r -I Ln 4-j O [: 4-j c O O V) 0 — m N U _0 N O }' p 4� +J �,^ Lr) \ L O CB O cn O l 1 Q � O ip cn = O Q N p � - ��- ON p o N 0 � Q o 0 O -C L O + > m aA O 0- >, o (D L/)a) m O O U L4nO L N Ln — CJ C}' c O � ( O O C E ^ _ Cin — O ap O � O �_ N V' v J O O U � � c6 Q Zi E O p Q cn o C6 O u cn a a a m Page 308 of 401 Page 309 of 401 00 O N i QJ QJ � tJ) bA � t1lJ Q � O +� Q c/) � +� 00 r -I Q1 N O N — 4-1QJ +-1 Q1 L Q QDo z >- _ Q O U O C6 QJ E +- _ � ate--+ V NO N c Q) C6 Q1 a--' O W Q O E -C m -0aJ QJ U -0m CL) O L.- }' � N O O O O = O �O v Q O C) a --J 4 1 c -I C/) o 4 L > a O 4-1 n O Q v71 N a --J O CL U O c/) v M O 4-JbA O O m 4-J0 O C:O m N V) O 0 CL O O O Q cn E 2 &--o L 0- Ln c6 _ cu E o -0m a O Q a) u Q Page 309 of 401 Page 310 of 401 O E E cn uj c6 L Q O � Q � � O L j co � O � Q O L z 00 C :3 Q 0 o, N O _ ON O O a -= +-j a--, c6 .. +-j > O v +� O— L O = o `L V) 0 E — ^ — O — ./y�1� O C— 0O V r N L � 4-1 r ON O �- i O m �O Lr) �_ O u O Lr) > v °' C: V)E o UO a� po O O C Q V) � L N o � _0 o Ln T Do O o o W m Page 310 of 401 Page 311 of 401 "70 CD c Ln O cu a--r omi >n x�yoo!V 4/ 0 „ D � 1 1 T ^puignonuaw� �nukuto�l�' CU 0CLJ o _0 z V) m c V) — Q, 0— CU N O = � N kA V) C6 > L L = N 4-j O 4m E U N > EO O cn nu Lr O V) +� >, O � � E Q) O I n a-1 cn U Ln � O +� � m 4-j m c (U0, cu U U m m T I� T C6 cri C(U 00 cu Qu L.- O S..- 0� c > Ln O O L — -• o U � -0 V� ,,, 7( � U � to t�� Q)(�I N O C6 bA m -CQ) a--+ � 4--' N > _ `0 o o }' E }, v m � > — 00 O O cn O v 'Zi U O Page 311 of 401 Page 312 of 401 4-j Q� W a--' LU C6 cn 4-j CU U_ Q L O � O O a-=J P t/7 � O V) F-- Lor) c- O a U O 4-j Ln 0 E O O U O `— Q) � c6 Q O +-j oZS > QJ E O 4- Ux 0 o u c6 O _ . — a-J N O Q) N 0 U O LL m m >- � O E N cn V, 0 0 0 DO 1O � Q1 _ c6 Q) O 0 oc a E O rn of 00 N L H 13- Y a O U N Page 312 of 401 Teresa Fabbro To: Fresh Air Communications Subject: RE: Request for Proclamation ......................................................................................................................................................................................................................................................................................................................................................................................... From: Fresh Air Communications [mailto:communi�g �ions �freshair.,=r Sent: January 16, 2018 5:12 PIVI To: Jim Diodati Subject: Request for Proclamation Dear Mayor Diodati, Thank you for your leadership as a champion of children. This year, The Fresh Air Fund will celebrate its 142nd summer of providing New York City children with the opportunity to unlock their limitless potential. The Fresh Air Fund would like your help in reaching out to prospective volunteer host families by proclaiming March 20`h, 2018 as "Fresh Air Fund Day" in City of Niagara Falls. Your participation will be a great support of the host recruitment efforts of our volunteer leaders in your city. 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, Fresh Air Fund children leave New York City's busy streets behind and take part in simple summertime fun — swimming for the first time, running through sprinklers in the grass, and gazing at star-filled skies. For many Fresh Air children, a free Fresh Air experience is their first time away from the City and our volunteer host families tell us that they often gain more from the experience than their new Fresh Air friend. For more information, visit www.freshair.org. With your support of "Fresh Air Fund Day," we hope to create these special bonds for more Burlington families and New York City children. Attached please find a sample proclamation and background materials for your review. If you have any questions or to confirm your participation and partnership, please contact Julie Silverman at 212-897-8890. My sincerest thanks for your leadership, support, and partnership in serving New York City's children and families. Best, Nancy Salvage Niagara Falls, Canada 905-835-0442 Fatima Shama Executive Director The Fresh Air Fund Page 313 of 401 Page 314 of 401 Shaun M.Parrent Niagara Falls, Ontario 2018.02.05 Mayor Jim Diodati 430Queen St. Niagara Falls, Ont LlE3N8 | would like tostart hystating that drafting aletter ofthis nature isnot something that |have ever done nor is it something that | take any pleasure in doing. However, upon being served with a registered letter authored by Mr. PietranDe|oconcerning the 5th Wheel RV | have parked in my driveway (see Appendix A), I feel as if I have no choice but to voice my displeasure and my concerns regarding the ridiculousness in this day and age, with the number of people that own an RV or boat, of such a by-law for one, and, second, what appears tobethe selective enforcement nfit. Let mestart byproviding abit of background regarding mysituation. Approximately four (4) years ago when my wife and I were initially considering the purchase of an RV, I contacted City Hall to inquire astnwhether | would 6eable tnpark itinmydriveway. |nspeaking with arepresentative with the By-law Department, I was advised that as long as the RV was not interfering with a motorist's view ofanintersecting roadway | was okay topark itinmydriveway. After exercising what | believed tobe appropriate due diligence on my part, my wife and I made the decision to purchase a $55,000 5th Wheel RV to enjoy some time with our children. in hindsight, had I known that the information I had received at the time was incorrect and that this would become the issue it has turned into today, I would've obtained the name ofthe gentleman | spoke with. Nonetheless, | did mypart and consulted with City Hall and now, after having had my RV parked in my driveway for almost four (4) years, I have received Page 315 of 401 After careful planning and consideration, we made the decision to purchase our truck and RV. | am extremely particular about many things in my life and one of those is the appearance of my house both inside and out. Asaresult, | had aconcrete pad poured tomatch our driveway inorder topark our RV on and ensured that there was a grass median between the RV and the sidewalk so that it would appear aesthetically pleasing, Togive you some perspective, our lot is75'wide byl5l'deep and our driveway is 72' long and 30' wide and our RV is parked on a concrete pad beside the driveway and is 30' from the roadway and I still have room to park 4 vehicles comfortably in my driveway. | could see ifthis was a "property standards" issue but I take great pride in how my house presents to the public and have been recognized by neighbors who have nominated me for both the summer and winter Trillium awards. Needless to say after all the effort and research my wife and I put into planning and purchasing our RV, I was shocked to receive a notice from the By-law Department informing me that I was not allowed to park it in my driveway and furthermore, giving me one month in the middle of the winter no less, tofind onalternate place topark it. | have also spoken with aneighbor one street over who received the same letter from Mr. Pieton8e|oand, indoing so, this neighbor informed methat heand his wife have had a 5th Wheel RV in their driveway for fifteen (IS) years and have never been told that it islncontravention ofthe by|aw. |nresearching this issue, | discovered that the City ofSt.Cznharines(a neighboring and similar -sized Municipality) went through this same issue in 2013 when it attempted to prevent its residents from parking their RVs in their driveways in a particular portion of the City. This decision garnered considerable public outcry and resulted in City Staff preparing a Corporate Report that they presented to Council after extensive public consultation (see Appendix B). Be|mwareafew excerpts from this report: A public open house was hosted by staff on November 13, 2012. The purpose of the meeting was to present the proposal and allow for an opportunity for questions to be asked and comments to be received by City staff before decisions are made on the matter. The open house was intended to seek input on: 1. the removal ofthe Zone 8regulations, and Z. restrictions, ifany, onkVstorage onresidential lots through the entire City. One -hundred and twenty eight (128) people signed in at the open house. Additional people were also outside of the meeting room looking at presentation boards and speaking with staff. The response at the public open house was overwhelmingly opposed to a city wide regulation to restrict the parking of recreational vehicles on residential lots, and support for removing the existing regulations in Zone 8. Seven -hundred and eighteen (718) people also responded to an online survey, and similar responses were received. Generally, people expressed the following concerns regarding regulations for RVs on residential lands: "Paying for off-site storage inaddition topaying taxes isonerous; °Insurance costs increase ifRVs are stored off*ite; °The frequency ofuse makes itinconvenient tostore RVs off-site; °Off-site storage facilities are not secure and RVs may bedamaged; Page 316 of 401 Aaaresult ofthe public outcry and the results nfanopen house and online survey, onDecember 16 2013 St.Catharines City Council passed a zoning by-law that amongst other issues, dealt with the parking and storage ufRVs unresidential properties. The by-law passed isasfollows: 3.6Parking Prohibitions 3.6.1 Motor Vehicle No person shall in any Residential, Institutional, Green Space or Mixed Use Zone use any lot for parking orstorage ufany motor vehicle inexcess of3'GOOkQgross vehicle weight unless the vehicle |sadelivery vehicle temporarily parked in the course of its normal delivery duty. This Section does not apply to recreation vehicles, boats, recreation trailers, utility trailers oremergency service vehicles. 3.6.2 Recreation Vehicle, Boat, Recreation Trailer, Utility Trailer Recreation vehicles, boats, recreation trailers orutility trailers shall only be located in a parking area that is outside of the required front and / or required exterior side yard. (Please refer to Appendix C for a copy of the above noted by-law.) Upon receiving the letter from the Mr. Retrange|4and, prior to researching the issue of RV parking on residential properties, I had and continue to have a number of concerns with the prospect of being forced to park my RV at an off-site storage facility which are as follows: First and foremost bthe additional cost that | and many families inthis City would heforced to incur. I say "many families" because IF this by-law is not amended, it is only reasonable to expectthat every resident in this City that has a motor home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or an RV parked at their personal residence be held to the same standard. Two of my neighbors that have received the same letters regarding their RVs are retirees with one of them being a recently retired single woman who purchased her RV so that she could take her nieces and nephews unvacations during the summer. |nspeaking with her, she isextremely upset as she is now on a fixed income and, after paying her bills and mortgage, she has $400 a month left over and has now had totake onwork cleaning houses inorder tomake ends meet. She contacted Niagara Trailers in St. Davids to inquire about storing her RV there and was told that at the present time they do not have any year round storage spots available and, was advised that it would cost her $32S to park her KVthere for six (6)months. She was then told that she could beput onawaiting list and that "|F"ayear round spot became available it would cost her $650 a year to park her RV there, An additional concern is the very real prospect of damage occurring to my RV by being struck by others attempting to park their RVs near mine and not reporting the damage to me, my RV being broken into — a co-worker of mine parks their RV at a "secure gated" outdoor storage facility in the south end of the City and has had it broken into three (3) times and, during the last incident, the entry door was damaged smbadly that ithad tobereplaced which cost them over $S0O. Afurther concern that | have is that there are only a few insurance companies that will insure an RV and many will charge you a higher rate if you are storing it away from your residence which is what my co-worker has had to deal with and now she has had her rates increased as a result of the break ins and subsequent damage she has experienced. Page 317 of 401 The enforcement of this by-law isn't a one-time expense such as mowing an over grown lawn; my wife and I plan to keep our RV anywhere between ten (10) and fifteen (15) years and, at $500-$1000 a year for storage, this by-law will cost me and my family upwards of $15,000 during the life of our RV provided that storage fees don't increase which isn't a guarantee. I, like most residents of this City, pay taxes and should be permitted to park items such as RVs, boats, personal watercraft and/or snowmobiles in our driveways. I do not feel that it is right that we are now forced to spend upwards of $15,000 during the life of our RV to store it when we are paying taxes on a piece of property that is more than adequately sized to park it. Consider that at the present time, my wife and I pay just over $3,900 in property taxes a year and, without factoring in any increases over the same ten (10) and fifteen (15) years (which is highly unlikely), we would also be paying $58,500 in property taxes on top of the $15,000 to store our trailer off site which is unbearable. I have read numerous times in the local paper how hoteliers in this city are routinely granted zoning by-law amendments to exceed the height limit by-law. Most recently, in October of 2017, the Dicienzo family sought and received a zoning by-law amendment to exceed the 30 -storey height limit by 26 stories. What myself and I am sure most owners of a motor home, a snowmobile, boat, personal watercraft, a recreational vehicle or trailer are seeking is an amendment to the current by-law that would allow us to store these items within our own driveways. Residents in this City are even allowed to buy permits to park additional vehicles on the street in order to circumvent the overnight parking by- law. While I do not think that a permit is an appropriate solution to this issue as many of the people affected by this by-law have a suitable space to park these items within their own driveways, what I do feel is necessary is a simple amendment to this by-law that would allow myself and many other residents of this city to do so without being penalized. While Council is examining this issue, I would also ask that given the fact that I have had my 5th wheel in my driveway for four (4) years without any complaints from neighbors on either side of me and one of the other recipients of a letter has had his trailer in his driveway for fifteen (15) years without any complaints, that council look into passing legislation that would deal with vexatious complaints in these types of circumstances. Furthermore, I would ask that the By-law Department grant myself and the other recipients of a letter from Mr. Pietrangelo, a timeline extension while Council reviews this issue in detail. In conversation with my neighbor, I learned that she has spoken with Mr. Pietrangelo who informed her that we should speak with a City Councilor about having the by-law changed and went on to advise her that it would require more than three or four people complaining in order to make that a reality. I have taken the opportunity to drive a 5 km radius around my residence and, in doing so, counted sixty (60) RVs, ten (10) boats and two (2) snowmobile trailers parked within residential driveways. I have taken pictures of these seventy-two (72) trailers and have also obtained their addresses - refer to Appendix D & E respectively. These seventy-two (72) trailers are but just a brief glimpse within 5 kms of my residence and I would hazard a guess that city-wide, this number would easily triple. Should it be required, I have no issue in approaching these residents and obtaining their support in seeking changes to this by-law if that is what's required. I look forward to discussing this matter with you further; please feel free to contact me should you have any questions. Yours truly, Shaun Parrent Page 318 of 401 cc: Councillor NiCampbell Councillor [.|oannoni Councillor 1Morocco Councillor M. Strange Councillor K.Oakor NkckPietrangelo Councillor V.Kenio Gerald Spencer Councillor V.PietmnXe|o Carey Campbell Councillor W. Thomson Page 319 of 401 Teresa Fabbro From: Bill Matson Sent: Thursday, February 08, 2018 2:25 PM To: Teresa Fabbro Subject: FW: Project SHARE Attachments: image001.jpg; image002.jpg Teresa, Please add this as a Communications item please. Project Share — Coldest Night of the Year Fundraiser— Submitting a "City Team" — For the Information of Council. Bill From: Victor Pietrangelo Sent: Thursday, February 08, 2018 2:12 PM To: Katie Cuviello Cc: Bill Matson Subject: Re: Project SHARE Hi Bill. Hope all is well. If we haven't already approved a City of NF Team, could we please add this to our Communications for our upcoming meeting. The City has supported this event since its inception, as all proceeds go to benefit Project Share. Thanks Bill. Vic Sent from my iPad On Jan 26, 2018, at 12:51 PM, Katie Cuviello <events@prolectshare. ca> wrote: Good Afternoon Councilor, I hope you had a wonderful holiday with your family & friends! Over the years, we were so lucky to have you as one of our Coldest Night of the Year captains and as we plan for our 2018 walk I can only hope you & your City of Niagara Falls team will join us yet again! I have attached this year's brochure which has all of the walk information, including how you can register. You will also find a 'save the date' & Niagara Falls poster attached, you can share with your walkers if you choose to join us! 1 Page 320 of 401 VVehope that you join Niagara Falls inthe Coldest Night ofthe Year, along with 12Oother cities across Canada walking for those who are hurting, homeless & hungry. You can find all of the Niagara Falls event details at If you have any questions please let me know! Hope to see you at the Coldest Night of the Year on Saturday, February 24 1h Talk to you soon, Special Events Coordinator Project SHARE �411.osStan|evAve ImiagairaFalls IomI L21E71Ha yosas7-s1.o1.ext aa 1 rax: sosas7-o14a | <|mageOO1Jpg> Walk with us on February 24th, 2018 in the Coldest Night of the Year! Register a team or walk with ours! Register ot Drochune.pdC^ <NiagemFalls posterjpg> <cno}_savudhudatu20|8_annaller(1).png> Page 321 of 401 -W M, lar4 i 'e[,,,YrLjary 244['1, IrCJI ect & IIs "iosflII igt11 ie Cddest IllkJflIgIII 'Tvt of fl['Tie Y e a 111 ', a ,,i & 10 11 in wIl ll if, w;.,,'/; ll 11�io�:,,,`(ted II I ll 122 d`tiec:,aaro",,,`:, Ca oda wry OlUff WO4 ,. �iere III i ')%,flagara 11dls Mt[vt[�ie '11UH lgry, �ia n6less, a i d I ILJ) dti Ig. 0 GOAL: With your help, our goal is to raise $25,000 by February 24th, 2018! V HOW: To accomplish our goal, we're looking for 25 team captains (of all shapes, sizes and ages) who will recruit 7-8 friends to their team, with a fundraising goal. Of course, we're also looking for a whole pile of walkers to join each of our teams and help us raise the funds. M TOQUE BONUS: Every walker who raises either $75 (youth 17 and under) or $150 (for adults) gets our famous Coldest Night toque. Page 322 of 401 HOW TO CAPTAIN A TEAM FOR PROJECT SHARE J i"�ehl f I� wl k��V, l!� ��IY l ""i� `„coi �W�, Boa d, .JIi� ��Ii!nr 6� �,,e�LIoIi r �� L� �I 1,�� e�a� r ��.I� I��6ii!�l� ��rwaI , Visit www.enoy.org and click the REGISTER button at the top of the page Click the big START A TEAM button and create your new account (or sign in to your account from last year) Select the NIAGARA FALLS LOCATION and continue Click to accept the WAIVER and continue Under REGISTRATION TYPE, click CREATE A TEAM Name your team (and if you wish, write a brief description) Accept or increase your fundraising goal (this can be edited later) IMPORTANT: Under the CHOOSE YOUR CHARITY section: 11 Select Project SHARE from the dropdown menu and proceed. Once you've registered, your team will show up on the Niagara Falls location page, which is: www.enoy.org/niagarafalls You can begin recruiting team members and raising funds immediately! HOW TO JOIN A TEAM FOR PROJECT SHARE a fiIE 6i yw! wV,w ! d Lhw lD `FV,el,I kl, JI d iawi, o h el,l6[, lD �,61 , 0 r i waw & vv wvl� e i w -i ow �o in g Slwir Visit www.enoy.org and click the REGISTER button at the top of the page Click the big JOIN A TEAM button and create your new account (or sign in to your account from last year) Select the NIAGARA FALLS LOCATION continue Click to accept the WAIVER and continue Click JOIN A TEAM (or register individually if you wish and join a team later) Search for your TEAM by name or captain name 11 Select that team from the list and proceed to complete registration Project SHARE team info: Team: Team Project SHARE Captain: Katie Cuviello ............................ Page 323 of 401 Page 324 of 401 From: Teresa Fabbro Sent: Friday, February 09, 2018 10:21 AM To: Suzanne Anderson Subject: FW: Correspondence Council Meeting - February 6, 2018 City of Welland Attachments: Council Correspondence - Feb 6, 2018.pdf From: Carmela Radice[mailto:carmela.radice@welland.ca] Sent: Thursday, February 08, 2018 3:25 PM To: mbrickellftoca.ca Cc: frank.fabiano(dniagararegion.ca; Schofield, Carol; 'NBozzato@pelham.ca; Peter Todd; 'hsoady-easton@grimsby.ca'; Carolyn Langley (clangley0westllncoln.ca); William Kolasa (wkolasa lincoln.ca); Bill Matson; Bonnie Nistico-Dunk; 'carriemcintosh@portcolborne.ca'; across@wainfleet.ca; Clerk, Thorold (clerk@thorold.com); toby.barrettco@pc.ola.arg; jbradley.mpp@liberal.ola.org; cforster-gp@ndp.on.ca; waates-gpCa ndp.on.ca; ahorwath-gpCa ndp.on.ca; emcmahon.mpp.co@liberal.ola.org; pmiller-qp@ndp.on.ca; sam.00sterhoff@pc.ola.org; mtaylor-gpftdp.on.ca; minister.omafra ontario.ca Subject; Correspondence Council Meeting - February 6, 2018 City of Welland Good afternoon, Please find attached a correspondence letter regarding a Resolution that was passed by Council at the February 6, 2018 Council meeting. Please be guided by the resolution. Regards, ONTARIO - CANADA Carmela Radice Acting City Clerk Legislative Services Office of the City Clerk Corporation of the City of Welland 60 East Main Street, Welland, Ontario 1-313 3X4 Phone: (905)735-1700 Ext. 2280 Fax: (905)732-1919 www.welland.ca This email may contain confidential and/or privileged information for the sole use of the intended recipient. Any review, disclosure, or distribution by others is strictly prohibited. If you have received this email in error, please contact the sender immediately and delete all copies. Page 325 of 401 City of Welland Legislative Services r Office of the City Clerk 60 Lust Main Street, Welland, ON 1_3133X4 an. Phone: 905-735-1700 Ext. 2159 1 Fax: 905.-7321919 el ww o N TA a� o, A N A�� Email: clerk@welland.ca I w.welland.ca February 9, 2018 File No. 16-129 Niagara Peninsula Conservation Authority 250 Thorold Road West, V Floor Welland ON L3C 3W2 Attention: Mark Brickeli, Chief Administrative Officer and Secretary -Treasurer Dear Mr. Brickell: Re: February 6. 2098 -- WELLAND CITY COUNCIL At its meeting of February 6, 2018, Welland City Council passed the following motion: "THAT THE COUNCIL OF THE CITY OF WELLAND, directs staff to prepare reports, policies and By-laws necessary to establish a protocol/process that will implement municipally appointed NPCA representative. That the process enable consideration of.a member of the public and that it would exclude the appointment of a member of Regional Council; and further THAT Welland City Council implement this at the beginning of the term of Council; and further THAT this motion be distributed to all Regional Municipalities for consideration. & support; and further THAT this motion be distributed to the NPCA, Regional Municipallty of Niagara, the appropriate Provincial Ministries and all Regional MPP's for information." Yours truly, C"A.,� C rrn Radice Acting City Clerk CR:Ic c.c.: Niagara Regional Clerk Regional MPP Area Municipalities Ontario Ministry of Agriculture, Food and Rural Affairs Bridging the past, present and futlrre Page 326 of 401 Teresa Fabbro To: Bill Matson Subject: RE: NPCA Comments Regarding Tomorrow's NF Council Meeting From: Krystle Caputo [mailto:kcaputo@npca.ca] Sent: Monday, February 12, 2018 3:35 PM To: Bill Matson Cc: Jim Diodati Subject: NPCA Comments Regarding Tomorrow's NF Council Meeting Importance: High Good Afternoon Bill, In advance of the correspondence you will be receiving regarding Niagara Peninsula Conservation Authority (NPCA) and in the spirit of full transparency and accountability please find following information as to how Board Members are appointed to the NPCA Board of Directors. Sincerely, Kryslte Krystle Caputo Communications Specialist 250 Thorold Road West Welland, Ontario L3C 3W2 905.788.3135 npca.ca kcaputo(cDnpca.ca The information contained in this communication, including any attachment(s), may be CONFIDENTIAL, is intended only for the use of the recipient(s) named above, and may be legally PRIVILEGED. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents, is STRICTLY PROHIBITED. If you have received this communication in error, please notify the sender and permanently delete the original and any copy from your computer system. Thank -you. Niagara Peninsula Conservation Authority. Page 327 of 401 P4AIratlA AP�EN11114w,UI A STI' ALS a u-iO R 11'v RE: Board of Director Appointment at Niagara Peninsula Conservation Authority February 12, 2018 Dear Esteemed Niagara Falls Mayor and Council, In advance of the correspondence you will be receiving tomorrow night regarding Niagara Peninsula Conservation Authority (NPCA) and in the spirit of full transparency and accountability please find following information as to how Board Members are appointed to the NPCA Board of Directors. There is a document attached (Selection of Members to the NPCA Board of Directors.pdf), directly from our website, for additional reference. It is important for us to ensure that you are making an informed decision, as there seems to be confusion around municipal jurisdiction concerning this matter. Please review the highlighted portion(s) below outlining the appointment process that comes directly from Bill 139, Building Better Communities and Conserving Watersheds Act, 2017, which received Royal Assent on 12 December 2017. Bill 139 is the result of over 2 years of stakeholder consultation, which updates the Conservation Authorities Act. Bill 139 states: Upper-tier municipalities Regional municipalities to act in place of local municipalities 4 (1) An upper-tier municipality that was established as a regional municipality before the day subsection 6 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, (a) shall act in the place of the local municipalities within the regional municipality for the purpose of appointing representatives to attend a meeting for the establishment or enlargement of a conservation authority or the amalgamation of conservation authorities and for the purpose may appoint representatives in the numbers to which the local municipalities would otherwise have been entitled; and (b) shall be a participating municipality in the place of such of the local municipalities within the regional municipality as are wholly or partly within the area under the jurisdiction of a conservation authority and shall appoint to each such authority the number of members to which the local municipalities would otherwise have been entitled as participating municipalities. R.S.O. 1990, c. C.27, s. 4 (1); 2017, c. 23, Sched. 4, s. 6 (1). Please note: All Niagara MPPs supported Bill 139 (page 5). _50 Thorold Road West 3 Floor 1 Welland, n.ad. L3C 3W2 90,-798-; 13, Page 328 of 401 P4AIratlA AP�EIfP4w,UI A CONS'ERVATION Ail a u-iO R 11'v The following quotes should also help provide further information and context: Bill 139: Second Reading - OLA: September 11, 2017 Hon. Kathryn McGarry (Minister of Natural Resources and Forestry): "The Conservation Authorities Act details the structure, powers, funding and general operations of a conservation authority. Each conservation authority is established as a corporate body governed by a board of directors. The act lays out the composition of the board, which is comprised of municipal appointees who must comply with the legislative requirements and be directly accountable to the municipality that they represent." MPP Norm Miller: "It is municipalities that appoint members to the board of the conservation authority, so if residents don't like how things are being run or the fees that are being charged, they should hold their municipal councillors and mayor to account for that." "Generally, municipal councillors are appointed to sit on conservation authority boards, but what if none of the municipal councillors have the qualifications that the minister has stipulated? These are democratically elected representatives of the municipality. Who better to represent the municipality and residents on the conservation authority? Elected councillors are the easiest people for residents to hold to account for the conservation authority's actions." "You can kind of elect anybodyyou want in a public election, and that's what democracy is all about. That's the way it should be. Now we're going to go back and say, 'Butyou can't appoint that person to a board, "despite the local municipality paying the bulk of the fees. We're very concerned about that." "Does this Liberal government not trust the municipalities to appoint the right people?Are they standing up and suggesting that they know better than the local people who have lived in that community all of their lives—those people who have actually stepped up and said `7 want to serve in a volunteer capacity on these boards," who are locally elected, democratically elected officials, who have given their time, energy and public service for the betterment of their community?And yet, they're challenging them and saying, "You're not necessarily the person we think is best to sit on that board." Mr. Speaker, I really, really struggle with that. Bill 139: Third Reading - OLA: November 23, 2017 Hon. Kathryn McGarry (Minister of Natural Resources and Forestry): "I'd like to remind you of some of the main features of this proposed legislation. If passed, this legislation would provide the framework for stronger oversight and accountability in _50 Thorold Road West 3 Fl—r Welland, nm,.,riu L3C 3W2 90,-798-; 13, Page 329 of 401 P4AIratlA AP�EN1111v4w,UI A CONS'ERVATION AU a u-iO R 11'v conservation authority decision-making. This would be achieved by updating appointment processes and requirements and conservation authority governance practices, enabling the Ministry of Natural Resources and Forestry to conduct program and operational reviews and confirming expectations for conservation authority restructuring decisions. The legislation would also provide the framework for increased clarity and consistency in conservation authority programs and services. This would be accomplished by clarifying the role of conservation authorities and expectations far provincially mandated programs and services; municipally assigned programs; and programs and services specific to watersheds. " "Should this bill be passed by the Legislature, some key changes would come into effect immediately, including a new purpose statement clarifying the role of conservation authorities and resource management. It would include enhanced authority for municipalities to appoint members and the abilityfor my ministry to conduct program and operational reviews. " Bill 139: Third Reading - OLA: November 29, 2017 MPP Ernie Hardeman: "During a presentation to committee, AMO president Lynn Dollin said, 'Part IV, section 12 of the bill states that municipal councils continue to have the authority to appoint conservation authority board members. This makes sense. Municipal councillors are representative of all walks cf life in an area, and it is the council that pays the greatest proportion of the conservation authority's funding. " Bill 139: Third Reading - OLA: December 5, 2017 MPP Jim Wilson: "Municipalities, as you know, Mr. Speaker, cover the majority of the costs, and therefore should have the ability to appoint councillors to the board. She believes, and I believe, that if there are changes—and there are going to be changes; this is third reading, and we support the bill, and I certainly support conservation authorities—the makeup of the boards may be very much different in the future, because the cabinet of the day will be able to dictate who sits on those boards. We're so used to having our local councillors sit on those boards and represent us. " _so Thorold x,,d West 3 Fl— Wellan3 d, n.ad. L3C 3W? 90,798-; 13, Page 330 of 401 P4AIratlA AP�EN11114w,UI A CONS'ERVATION ALS a u-iO N 11'v To be clear, the current appointment process allows for appointments from lower-tier municipalities and the public-at-large should the regional councilor or mayor not accept the appointment. Most recently, the representative from the Town of Lincoln was replaced through a process where the lower-tier municipality made a recommendation to Regional Council, and was accepted. In that case, the lower-tier municipality recommended a councilor. I hope that the above provides clarity. Should there be the need for further clarification, please do not hesitate to reach out. The NPCA is very much looking forward to an open dialogue and to bridging the gap of understanding on issues such as this one. Sincerely, X. Krystle Caputo Communications Specialist 250 Thorold Road West Welland, Ontario L3C 3W2 905.788.3135 n ca.ca ..................................... kcaputo-@npca.ca _so Thorold x,,d West Fl— Wellan4 d, n.ad. L3C 3W? 90,-798-313, Page 331 of 401 111HAGARA P:�EN11114 SU ILA CONS'ERVATION AUIHOR11Y Third Reading of Billll 139, An Act to enact the Local! Trolislibime lecture du pro�jet de liol 139, Lot 6dictaint Ila Loli Planning Appeal! Tribuniall Act, 2017 and tike Local de 2017 sur lie Thibuniall d'appell de I'am6nagement local! Planning Appeal! Support Centre Act, 2017 anid to et la Loi de 2017 suer lie Centre d'assistaince pour lies amend the Planning Act, the Conservaboni Authorities ap,pels ein imattare d'ambinagement Vocal et modifflant la Art anid various othieir Acts. Loi sur I'am6inagemieint du territoire, la Loi sur Iles offices de protection de Ila nature et diverses auitres liois. Carried on this foillowing diivisiioin:- Adopt6e par lie vote suiiivant AYES POUR - 86 Anderson Des Rosiers Jones Nichoills Armstrong Dhilliloni Kiwala 0 osterhoff Arnott Dickson Lalonde Pettapiiece Balliley DiiNovo Leall Potts Balker Doing MAIN Q aadn Baillard Duguid Maingat Rinaldi Barrett Fedelli Mairfins Romano Beirairdiinettt Fife Martow Sandals Biissoni Flyinni Matthews Sini Bradley Forster Mauro Sousa Brown Fraser McDoneill Tabuns Chian French McGairry Taylor Chiliarell1i Gates McMahon Thiiibeault Cho G61finas McMeekin Thompson Clark Gretzky McNaughton Vanithof Coe Hardemain Miliczyn vemile Coillie Hatfield Milleir (Parry Sound- Wilson Muskoka) Coteau Hoggarthi Wong Moiril Crack Horwath Wynne Naidoo-Harris Daimeirlia Hoskins Yakabusikii Naqvii Dell Duca Hunter Zimmer Natyshak Dellaniey Jaczeik NAYS /CONTRE-1 MacLaren The Bill passed, Le projet de Iloi est adopt6, The Houise recessed at 11:55 a.m. A 1$ In 55, Ila Chambre a suspendu lie seance, _50 Thorold R—d West 3 Fl— AW11-1, 10.ari. L;C 3',N'2 90,-798-; 13, Page 332 of 401 TIP, MAGAIRA PE@aulIIMSV„L CONSERVATION .AkJ.1.. H^IO'l,d.I.d..Y. Selection of Members to the NPCA Board of Directors The objectives of an authority are to establish and undertake, in the arca over which it has jurisdiction, a program designed to further the conservation, restoration, development and management of natural resources other than gas, oil, coal and minerals. To meet this mandate, the Niagara Peninsula Conservation Authority (NPCA) is governed by "Members of Authority" (often referred to as the Board of Directors) as per Section 14 of the Conservation Authorities Act. For the NPCA, the Board of Directors consists of the following representation from the three (3) participating municipalities: 12 Members from the Region of Niagara, 2 Members from the City of Hamilton, and 1 Member from Haldimand County. The Councils of each of the respective participating municipalities has the responsibility to appoint their Members. At fire end of fire respective appointed terms, the NPCA formally requests each participating municipality to appoint their members. For Niagara Region, the responsibility of appointing members belongs to their regional council. The past practice of the regional council has been to offer a single appointment from each of their twelve local municipalities, in the following order: 1. The appointment is offered to the Regional Councillor or the Mayor of the local municipality: a. For St. Catharines, the offer is made to the 6 Regional Councillors and the Mayor. In the event there is more than one elected representative that seeks the appointment, the regional council will vote on the representative that will be appointed; b. For Niagara Falls, the offer is made to the 3 Regional Councillors and the Mayor. In the event there is more than one elected representative that seeks the appointment, the regional council will vote on the representative that will be appointed; c. For Welland, the offer is made to the 2 Regional Councillors and the Mayor. In the event there is more than one elected representative that seeks the appointment, the regional council will vote on the representative that will be appointed; d. For Fort Erie, Grimsby, Lincoln, Niagara -on -the -Lake, Pelham, Port Colborne, and Thorold, the otter is made to the Regional Councillor and the Mayor respectively. In the event there is more than one elected representative that seeks the appointment, the regional council will vote on the representative that will be appointed from each of the respective local municipalities; e. For Wainflect and West Lincoln, the offer is respectively made to each Mayor. 2. If neither a Regional Councillor nor the Mayor seeks the appointment from a respective local municipality, the regional council contacts the local municipality for a recommendation. In the past, upon being notified of a recommendation by the regional municipality, the local municipality has selected an elected member from their council. The local councillor is then recommended to the regional council for approval, and the appointment is made. 3. If no elected member of the local council seeks the appointment, the council selects a citizen residing in their local municipality. The citizen is then recommended to the regional council for approval, and the appointment is made. For the City of Hamilton, it has been the past practice of their city council to advertise NPCA appointments on the city's website and local media. Citizens apply for the appointment via an application form. If more 250 Thorold Rovd Wc,,', Floor Welted. Ont io L3C 3W2 905-788-3135 intnUnpu,.— Page 333 of 401 TIP, MAGAIRA PE@aulIIMSV„L CONSERVATION .AkJ.1.. H^IO'l,d.I.t..Y. than two citizens apply, the council's selection committee interviews the candidates and makes recommendations to city council. Upon receiving the recommendations, city council approves the recommendations and the appointment is made. For Halditnand County, it has been the past practice of their county council to select an elected representative to be appointed. Overall, the three participating municipalities make the appointment to the NPCA Board of Directors for a 4-year term. The term aligns with the municipal elections. In the event that a vacancy occurs on the NPCA Board of Directors, the NPCA would immediately notify the respective participating municipality. The municipality would then appoint another person to serve the remainder of the 4-year term. 250Thoro1d Rovd Wc,,', Floor Welted, Ont io L3C 3W2 2 905-789-3135 intnUnpu,.— Page 334 of 401 PLANNING, BUILDING & DEVELOPMENT Inter -Departmental Memo To: Bill Matson Acting City Clerk From: Peggy Boyle Assistant Planner Ext. 4334 Date: February 13, 2018 Re: 2018 Heritage Week Proclamation At the Municipal Heritage Committee meeting on January 25, 2018 the following motion was made: "That Council is requested to proclaim the week of February 19-25, as Heritage Week 2018. " As part of Heritage Week activities, a Heritage Event entitled "Tracking the History, the Rise & Fall of the Railway" is planned for Saturday February 17, 2018 at the Niagara Falls Public Library on Victoria Ave, where various heritage groups and the public will gather for a presentation about the history of the railway. The event takes place from 1 pm to 4 pm. All Councilors are invited to attend. Heritage Recognition Awards will also be given out during the Heritage Event to five property owners recognizing their contribution in maintaining, restoring and rehabilitating heritage properties within the City: Landscape Merit — Captain Robert Dee House, 3227 Portage Road, owner Bev Hodgson; Aesthetic Merit: - Mid-century Modern, 7231 Rolling Acres Drive, owners Rob & Paula Berketo; AND Lemon Homestead, 6993 Thorold Stone Rd, owners: Ian & Fiona Peaceful. Architectural Merit — Mid-century modern, 7113 Cambridge St. owner: Gordon & Jeri Littlewood. Honorary Mention for Stewardship: Russell Cottage, 3174 St. Patrick, owners: James & Laurie Walsh 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 Public Library and would encourage all to attend. A Great City ... For Generations To Come Page 335 of 401 A proclamation is to be included in the Council agenda for February 13, 2018. 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 18-25, 2018 as Heritage Week in the City of Niagara Falls. plin Y_ PB:pb S:\HISTORY\HERITAGE\WEEK\2018\Memo to Clerk re Proclamation.docx A Great City ... For Generations To Come Page 336 of 401 Suzanne Anderson From TcresaFabbm Sent: Fhday, February 09,20l8l56MN To: Suzanne Anderson Subject: FW: Invitation tu participate in Ontario Communities in Bloom Attachments: 2018 Invitation letter email.doc; CiB Ontario 2018 Registration Form,doc; 2018 Participation Guide Ontario.clocx; Program 2018.docx From: Carey Campbell Sent: Pdday, February 09, 2018 1:19 PM To: Bill Matson Cc: Kathy Moldenhauer Subject: FW: Invitation to participate in Ontario Communities in Bloom Hi Bill: Correspondence for Council please. Thank you. carey From: Communities InBloom Ontario [mai Ito: cibon20179cima il.com] Sent: February 9, 20187:30AM To: Administrator Fredrick Martin; Bev Cutting Munkiplaityo[West Grey; Business Case Analyst Markat loyoKCAO J. A. Gaszzola; CAO Janice Baker; CAO Margaret Hartling; CAO/Treasurer Ray Morrison; Chief wfStaff Jeremy YVittet; Chief of Staff Robin Mathews City fo Brantford; Clerk Pamela Fettes; Cody Cacciottl; Coiuncillor Mary Kavanaugh; Commissioer Janette Smith; Commissioner Jancle Sheehy Region of Peel; Councillor Alain Tremblay; Councillor Andrew Evans; Councillor Anita Locke; Councillor Armand Giguere; Councillor Arnold Huffman; Councillor Barry Ward; Councillor Bob Madigan; Councillor Bobble Drew; Councillor Brenda Dalton MunicipladyofHuron East; Councillor Brian Darling; Councillor Brian Darling; Councillor Brian Heit; Councillor Carolyn Payne; Councillor Cindy Lunau Town of Milton; Councillor Danny Whalen; Councillor Dave Boushy City of Sarnia; Councillor Dave Manders Township of Lucan Biddulph; Councillor Dave Turton Town of Minto; Councillor Debbie Levy; Councillor Don Westcott; Councillor Donna Ballantyne; Councillor Donna Orsattl; Councillor Dorothy Kelly Municipality of Morris-Turnberry; Councillor Douglas Davidson; Councillor Ed King Municipality of Hanover; Councillor Fred Nealle; Councillor Gael Miles; Councillor Gail Campbell Town of Orangeville; Councillor George HndgNnson;Cnumi|kxG|ennDoncauter;CoumciUcvJamaTorranae;[ounci|lor]aniceRmbsonN||ageo[ Point Edward; Councillor Jim Collard; Councillor Jim Handley City of Thorold; Councillor Jim Hegadorn; Councillor loan Rymal City of St. Thomas; Councillor John Crawford; Councillor John Durley Town of Pelham; Councillor John Lowe Municipality ofHuron East; Councillor John McDougall; Councillor John Peirce County ofBrant; Councillor John Pollard; Councillor Jon Main; Councillor Karen Rea; Councillor Kevin; Councillor Laurie Cook; Councillor Leo Van Vliet; Councillor Libby Clarke; Councillor Lorne Mick; Councillor Lou Turco; Councillor Lynn Silverton; Councillor Marg Anderson Municipality of Central Huron; Councillor Marie Keasey Zorra Township; Councillor Mary Kavanaugh; Councillor Mary Lloyd Township ofCentre Wellington; Councillor Michel Bignax; Councillor Michel Mayotte; Councillor Mike Edwards; Councillor Mike MrCuneye; Councillor Nathan Marshall Municipality n[Huron East; Councillor Nick Hutchins; Councillor Normand Roberge} Councillor Normand Roberge; Councillor Pamela Beach; Councillor Pat McCourt; Councillor Patricia File; Councillor Patricia Hewitt; Councillor Paul McPherson; Councillor Peggy Harris; Councillor Ray Johnston; Councillor Raymond Lelievre; Councillor Rhonda Mulcahy; Councillor Ron Starr; Councillor Rory McMillian; Councillor Shawn Grefg Township of Chatsworth; Councillor Steve Bjorkman Town of Essex; Councillor Sue Carleton Township of Georgian Bluffs; Councillor Sue Perras; Councillor Susan Fieldig Township of Puslinch; Councillor Susan Myers; Councillor Tom Vegh; Councillor Trevor Bougie; Councillor Trevor Bougie; Councillor Vicki Leakey; Councillor Vito Spatafora; Councillor Wayne Deluca; Councillor Wendy Partner; Councillor William Buckler; Councillor Zyg 3anecki City of Kitchener; Councilor Don Degenova; Coonti|lorCam| Harvey; CnuntiUwrFaye Campbell; CounUUor Leigh Brusey; Debbie Marshall; Deputy CAO Gordon Duff Town of Minto; Deputy Clerk Cassandra Child; Deputy Mayor Don Allen; Deputy Mayor Doug Cooko Munic|plaiiyofLambtonShores; Deputy Mayor Gail Andie|; Deputy Mayor John O'DonneU}Deputy Mayor Karl Moher; Deputy Mayor Marg Isbester; Deputy Mayor Matt Harris City of St. Catharines; Deputy Mayor Richard Me|omheTown of Essex; Deputy Mayor Sharon Alkenbrack; Deputy Reeve James Campbell Municipality of North Huron; Deputy Reeve Sharon Mousseau; Donna Hunter Townof Essex; Eric Casper; James Timlin; Jason Marcon; Karen Makela; Katie Allard; Page 337 of 401 Linda Kennedy; Maggie Durocher; Management Board Chair Mary -Anne Bjorkman Essex Centre BIA; Manager Jeannie Murphy City of Kitchener; Mayor Allan Thompson; Mayor Brian Smith; Mayor Don Mitchil; Mayor Frank Campion; Mayor George Cornell; Mayor Glenda McKay; Mayor Greg Wilson; Jim Diodati; Mayor Jim Harrison; Mayor Jo -Anne Albert; Mayor Johanne Baril; Mayor Kevin Holland; Mayor Maureen Cole Municiplaity of South Huron; Mayor Michael Shea; Mayor Pierre Leroux; Mayor Ron McDermott Town "fEssex; Mayor Ted Luyiani;Mayor Tom De|ine;Mayor Vivian Bloom; MegP|ecy; Michel LaLabonta; Nathalie Mo||ette; Nellie Evans; Nicole Gale; Parks Supervisor Mathew Busato; Reeve Brent DevoUo; Steve Mac Donald; Trustee Sandra Turco; Valerie Cron Subject: Invitation tnparticipate inOntario Communities in Bloom Dear Mayor and Council Attached you will find an invitation to Ontario Communities in Bloom, We have also included the registration fhcoz participation guide and program guide. lyyou have uCIBcommittee please pass this information nanothem. As you will notice on the registration form, we received word from Revenue Canada that we do not have to *burgrD@I. Any community who paid HST last year will receive urefund bymail. Welook forward tohomio&from you luthe near future. LynduDotteau Coordinator 8utaroCIB 519-524-8482 Cell 519-440-8510 Page 338 of 401 Communities Collectivit0s in Bloom V en fleurs This email is to invite your Municipality to participate in the 2018 Edition of Communities in Bloom Ontario. As a participant, your community will most certainly agree, with all those who have participated since 1995, that the program provides economic, social and environmental benefits such as providing best practices information, making the community more appealing to residents and to visitors, and to encourage conservation and sustainability of green spaces. You will find enclosed the Participation Guide and registration information. Your Municipality can participate to be evaluated or to learn about the program and also has the opportunity to be part of the Communities in Bloom network. The costs and details are attached. T look forward to receiving your registration for 2018. Lynda Rotteau Coordinator Ontario CTB 519-524-8482 cell 519-440.8510 cibot12Ol7@Lymail.com Page 339 of 401 I ' I li I l I I I , 05 M de, A Reference Guide for Participating Communities in the Ontario Edition Enhancing green spaces in community settings �r 1„ �,�.uxau�cl�s � ii UR in Bloom en fleury On alllr1 Ontario Communities In Bloom 217 Elizabeth St. Goderich, ON N7A 3T9 519-524-8482 cell 519-440-8510 cibon20l7,@gmail.com Page 340 of 401 INFO! Who we are Communities in Bloom is a non-profit Canadian organization committed to fostering civic pride, environmental responsibility and beautification through community involvement and the challenge of a national program, with focus enhancing green spaces in communities. Established with the guidance of Britain in Bloom, Tidy Towns of Ireland and ViHes et Villages Fleuris de France, Communities in Bloom held its first edition in 1995 and 29 participating municipalities were honoured at the first awards ceremonies on Parliament Hill. The program now includes hundreds of communities across the country and an international challenge involving communities from the United States, Europe and Asia allows participants to compete internationally. The program consists of communities receiving information and being evaluated either provincially, nationally or internationally by a volunteer jury of trained professionals on the accomplishments of their entire community (municipal, residential, corporate and institutional sectors, citizens) on eight key criteria: Tidiness, Environmental Action, Heritage Conservation, Urban Forestry and Trails, Landscape, and Floral Displays. The pride, sense of community and feeling of accomplishment generated through participation are visible in communities all over Canada. These benefits make Communities in Bloom a program where everyone wins. Participants can benefit from the program through community initiatives and programs, while a valuable information exchange network allows communities to share accomplishments, best practices and projects. Within the context of climate change and environmental concerns, communities involved in the Communities in Bloom program can be proud of their efforts, which provide real and meaningful environmental solutions and benefit all of society. Program enefit Communities will be able to recognize numerous benefits from participation in the Communities in Bloom program, including: • Green & Sustainable Initiatives, • Environmental Leadership: environmental • Community Involvement & Civic including increased awareness of actions such as recycling, composting and Pride the importance of horticulture and water conservation are an integral part of the green spaces program evaluation • Citizens, groups, organizations, business and municipal • 'Best Practices & Information Tourism Development: the participation in the government all mobilized and Exchange : through the website, program has proven to make communities working together comments from the judges and better places to live in, to work in ...and to exchanges between communities • Year-round projects and continuous improvement for the entire community Page 341 of 401 Program Criteria, & Evaluation The Communities in Bloom program is based on 6 key criteria: Tidiness, Environmental Action, Heritage Conservation, Urban Forestry, Landscape, Turf & Groundcovers, Floral Displays and Community Involvement The following are descriptions of the 6 criteria: TIDINESS Tidiness includes an overall tidiness effort by the municipality, businesses, institutions and the residents throughout the community. Elements for evaluation are parks and green spaces, medians, boulevards, sidewalks, streets; municipal, commercial, institutional and residential properties; ditches, road shoulders, vacant lots, signs and buildings; weed control, litter clean-up (including cigarette butts and gum), graffiti prevention/removal and vandalism deterrent programs. ENVIRONMENTAL ACTION Environmental action includes efforts and achievement with respect to: policies, by-laws, programs and best practices, 3-11 initiatives (red uce/reuse/recycle), waste reduction, composting sites, hazardous waste collections, water conservation, naturalization, and environmental stewardship activities under the guiding principles of sustainable development pertaining to green spaces. HERITAGE CONSERVATION Heritage Conservation includes efforts to preserve heritage within their community. Priority in evaluation is given to natural heritage, as well as the integration of landscape and streetscapes as it pertains to the built heritage of a community. Also consists of preservation of cultural heritage which includes monuments, memorials, artefacts, museums and history, archives, traditions, customs, festivals and celebrations. URBAN FORESTRY and Trails Urban Forestry includes the efforts with regards to written policies, by-laws, standards for tree management (selection, planting, and maintenance), long and short-term management plans, tree replacement policies, tree inventory, Integrated Pest Management (IPM), heritage, memorial and commemorative trees. LANDSCAPE This section of the evaluation supports all efforts to create an environment showcasing the overall surroundings. The overall plan and design must be suitable for the intended use and location on a year-round basis. Elements for evaluation include: native and introduced materials; balance of plants, materials and constructed elements; appropriate integration of hard surfaces and art elements, use of turf and groundcovers. Landscape design should harmonize the interests of all sectors of the community. Standards of execution and maintenance should demonstrate best practices, including quality of naturalization, use of groundcovers and wildflowers, turf management and maintenance. FLORAL DISPLAYS "Floral Displays" evaluates efforts to design, plan, execute, and maintain floral displays of high quality standards. Evaluation includes the design and arrangements of flowers and plants (annuals, perennials, bulbs, ornamental grasses) in the context of originality, distribution, location, diversity and balance, colour, and harmony. This pertains to flowerbeds, carpet bedding, containers, baskets and window boxes. Page 342 of 401 Communities in Bloom - Responsibilities ONTARIO C113 • Produce an evaluation form & provide information on the evaluation process • Create the schedule and coordinate the judges' travel to communities (in the months of July and August) • Compile results of the evaluations & provide a completed evaluation report to each community following the annual Awards Ceremonies • Prepare informative documents and provide support to communities • Prepare for the Symposium & Awards Ceremonies OPPORTUNITIES FOR COMMUNITIES • Communities can send in their profiles, projects, Initiatives or news along with community events to be posted on the Communities in Bloom website at https://cibantario.ca • Communities in Bloom encourages media coverage through press releases sent to the media contacts provided by the communities • Participants are featured in the Communities in Bloom Magazine, published 2 to 3 times a year by the national office. The magazine provides information on the program, promotes participating communities and features articles of interest for the CiB expanded network • Communities in Bloom coordinates and provides information to communities on networking and promotional opportunities Participants have access to the Information Exchange Network, consisting of valuable information & documents, available on the Leisure Information Network website (https://cibontario.ca) Use of the Communities in Bloom logo, according to the logo guidelines provided by the Provincial office • Communities have the opportunity to exhibit a community display at the annual Symposium & Awards Ceremonies • Communities have the opportunity to act as a Host city for either the Provincial or National Awards Yearly promotional opportunities are available to all participants and are detailed further in this guide Page 343 of 401 Participating Communities - Responsibilities Organization & Planning Communications • Paying a registration fee determined by population and category • Involve the entire community, with the support of municipal council, in projects; create a CiB committee with wide community representation • Prepare for the evaluation to take place in July or August • Provide accommodation for two nights for two judges. • Submit the accommodation details of the judges to the Provincial office program coordinator • Make note of the due dates for requested information (such as photos, media contacts, accommodation of the judges), so planning and promotion for your community can The coordinated by the national office. Due date guidelines can be found on the final page of this guide a Communicate with the judges prior to their visit. • Submit an itinerary to the coordinating judge ahead of the judges' visit 0 Give recognition, when appropriate, to the sponsors e Submit the community's committee members and media contacts to the provincial office • Communities will be asked to submit a minimum of 6 quality photos to showcase their community on the Ontario Communities in Bloom website and presentations at the awards ceremonies o Ali communities are encouraged to take the best quality photos possible. Think of the 6 criteria and try to capture a unique shot depicting each one. Think of photos that show the benefits of the Communities in Bloom program, i.e. community, beautification, touirism shots etc. Photographs need to be submitted in the following format: digital, minimum of 300 dpi at print size (min. 4" x 6"). o Please ensure you have the appropriate releases, rights and permission to use the photos and clearly indicate photo credits when applicable Page 344 of 401 Each year Communities in Bloom and its partners offer new promotional opportunities to its participants. The national office sends out detailed information to communities as initiatives unfold throughout the program, Here are some of the exciting opportunities to look out for: Home Hardware Dealer Involvement Contest: The goal of this contest is to learn more about the initiatives of Home Hardware and their local committees. (www. ham eha rdware.ca) 2018 Home Hardware Charity Calendar: The Home Hardware Charity Calendar is a fundraiser for the SicklKids Foundation (www.sickkidsfoundation.com). The 2017 Home Hardware calendar will be distributed in 450,000 copies throughout over 1,000 of its stores. All calendars are purchased by Home Hardware dealers and distributed in their stores. In addition, money is also raised by soliciting Vendor sponsorship. Scotts Miracle -Gro Garden Contest: The contest celebrates outstanding residential gardens (flower garden, edible garden and child -run edible garden). (www.scotts.ca) GRO1000 Grassroots Grants: The Scotts Miracle -Gro Company has established GRO1000, a commitment to install 1,000 gardens and green spaces in the United States, Canada and Europe by 2018. To help foster the development of gardens and green spaces in Canada as part of GRO1000, The Scotts Miracle -Gro Company is awarding Grassroots Grants to local communities in the amount of up to $1,500, (www.grogood.com/GiveBackToGro/GRD1000/Canada) GRO1000 Showcase Garden Grant: In addition to the GRO1000 Grassroots Grants, Scotts Canada Limited will invite some outstanding communities to apply for the 2013 Showcase Garden grant. The recipient for the 2013 Showcase Garden grant was awarded to the Sarnia Goodwill One Tomato Community Garden project, Sarnia Ontario. (www.scotts.ca) CN EcoConnexions — From the Ground Up: A program that aims to promote the greening of municipal properties across Canada. (www.cnfromthggroundup.ca) VIA Rail's Canada's Garden Route: Canada's Garden Route is not a 'route' per se, instead, it is the most comprehensive compendium of Canadian gardens and garden experiences. (www.canadasgardenroute.ca) Garden of Remembrance: New in 2013, the program will aim to encourage communities to develop gardens to honor veterans and recognize the sacrifices made by their families. Information Exchange Network: Consists of valuable information and documents gathered by the judges and made available to all communities. (www.lini.ca/communities-in-bloom) NewsComm: This section of the CiB, website contains news, initiatives, and successful stories that are sent to us from CiB participants. (http://www.communitiesinbloom.ca/niewscomm) Explore Our Communities encourages community tourism development, information exchange, networking opportunities, training sessions and workshops iin participating communities. (http://www.communitiesinbloom.ca/exglore-our-commiunitie) CIB Magazine; Opportunity of providing an article that showcases an initiative, a special project or an achievement within your community. Exhibits and presentations during the Symposium and Awards Ceremonies. Social Media: Community exposure on the CiB Facebook and Twitter page. (www.facebook.com/communitiesinbloom; www.twitter.com/cibce Articles and features in magazines such as the Municipal World magazine. Page 345 of 401 Outstanding Achievement Awards In addition to overall awards for population categories, individual awards are given for each criteria, evaluated in the program and for special initiatives. Outstanding Achievement awards are open to all communities participating in the 2018 Ontario Edition of Communities in Bloom, whether or not the community is being evaluated. Provincial Judges will submit nominations for the Outstanding Achievement Awards. Outstanding Achievement Awards are presented for the following areas: Tidiness Environmental Action Heritage Conservation Urban Forestry and Trails Landscape Floral Displays Page 346 of 401 / / J J i i How communities are evaluated The evaluation form is based on 6 criteria, that focus on 4 sectors of the community. The 6 sections are Tidiness, Environmental Action, Heritage Conservation, Urban Forestry and Trails, Landscape & Floral Displays. Turf & Groundcovers has been incorporated into the Landscape section, while Community involvement, recognized as such as a major component of the overall program, is now one of the 4 sectors of evaluation (along with !Municipal, Business & Institutional and Residential). Evaluation Form . The final evaluation form will be « Judges should have the • Communities are evaluated using an forwarded to the community following opportunity to visit a good cross evaluation form based on the 6 program the Awards Ceremonies section of the community and criteria, divided in 4 sections meet with those involved in the • Evaluation forms are confidential —we da • The evaluation form is sent to the not make the scores or the forms public community communities early in the program • The Communities in Bloom / local • The judges complete the evaluation form Evaluation Process committee is responsible for after visiting the community and will provide • After the judging dates are established providing the judges with the general comments and suggestions that will the community is notified and given the proposed itinerary and the benefit the community as it moves forward in names of the judges, their biographies community profile book well in the Communities in Bloom program and contact information advance of their visit for review. • Communities will be evaluated using a • We make every attempt to accommodate Evaluated Categories "bloom" rating determined by the total score requested dates, though it is not always • Competitive Categories are of the evaluation: possible due to schedules and distance determined by population. The 0 to 55 % = 1 Bloom between communities 2 Blooms population categories may change 56 to 63 °6n = to 72 % = 2 Blooms • The Head judge will contact you with the slightly every year, depending on 64 64 to 81 % = 4 Blooms arrival and departure times of the judges registrations 82 % and over = 5 Blooms • Judges will normally arrive in the • The Friend Category is available for • For competitive categories, the judges will morning, stay nights and depart the third a small fee which enables the come to a consensus on the winning morning community to have access to all community based on highest total score CIB resources while not being evaluated. The Communities ie in Bloom Judges - The Communities in Bloom volunteer judges are professionals (active or retired) in the fields of horticulture, the environment, sustainability, community development, education, parks management, urban management and other related fields. Judges are aware of the various challenges communities face and are knowledgeable of the solutions. They are also aware of both the municipal and grassroots involvement required for community participation. The judges are volunteers who dedicate their time to the Communities in Bloom program, visiting communities across Ontario to evaluate and advise communities, providing support and feedback in order to help communities succeed. Judges are paired in order to complement each other's skill sets so the community may get the most out of the evaluation experience. The Provincial office will ask communities to provide feedback on the judges and program following the evaluation date so that we can continually improve our program. Page 347 of 401 Tips for success! Evaluation: Know the evaluation form and understand the criteria. Preparation of materials that address all the criteria in the evaluation form will be most helpful. Budget: While participation in the program does not require considerable financial resources, obtaining funds and services to promote the program, involving the community, honouring the participants and volunteers, attending the awards ceremonies etc. are recommended. Contact the national office if you would like to network with other communities that established sponsorship and/or fundraising initiatives. Community Involvement: Participating communities should consider involving a large segment of the community as well as municipal council. Media & Communications: Take advantage of the promotional opportunities Communities in Bloom can offer you by sending photos, descriptions of your community, committee members, media contacts and other requested information so we can prepare press releases, presentations etc and keep your committee informed on initiatives. Ensure that your media contacts are up to date to gain the maximum benefits! Itinerary — planning for the judges' visit: Submit the judges' itinerary to the coordinating judge ahead of the judges' visit to allow them time to review it. An electronic version is acceptable. The judges are always pleased to offer suggestions on preparing an itinerary and can help you make effective use of the allotted time with the judges. Schedule the itinerary to take into consideration unanticipated changes, and ensure that it includes activities for all criteria in the evaluation form. Be flexible so judges can see a good cross section of the community and interact with key individuals in each criterion. Please allow sufficient time (approximately 2-3 hours), in a quiet place for the judges to start completing the evaluation form and to determine if they have any further questions near the end of their visit. Try to plan for a wrap-up meeting/discussion at the end of the judges' visit in case the judges have any last questions, or if you wish to highlight certain achievements in your community or ask the judges any questions. Page 348 of 401 Community Profile Book (for communities that are being evaluated) Recommended Requirements for Community Profile Book (CPB) The CPB is a document that showcases communities' achievements in the Communities in Bloom program as well as provides information on all its related initiatives. The design and comprehensiveness is at the fall discretion of the community. And...It It is important to note that the CPB is not itself evaluated but is a too] for the judges as it provides information on the community's achievements. The document can also be a, promotional tool for the community. The CPB should be submitted to the judges prior to the visit in order to allow them time to become familiar with your community. 1) Please mail or e-mail your CPB to the Provincial Office. (*Note, Digital format is preferred) Mail: Ontario Communities in Bloom or EMAIL to tibon2017@gmaii.com 217 Elizabeth, St. Goderich, ON N7A 3T9 2) Please contact your judges for preferred submission timing and method. Here some suggestions for preparation of your CPB: • include a brief introduction or description of your community. • Identify year-round projects and achievements with focus on "new" and major initiatives, • Present the content, at your discretion, In relation to the criteria or the evaluation form • Describe initiatives in relation with recommendations from past evaluations. • Outline projects and or programs made possible by volunteer and/or in kind involvement. • Include information on projects and or programs that will not be Included in the evaluation tour due to time constraints. Remember the Judges may have several Books to read so keep it as concise as possible Help the judges prepare for their visit by including additional information, such as: • an itinerary and a list of committee members, sponsors, partners and involved organizations • the names of the people who will be part of the evaluation tour • the municipal information form The CPB can be complemented with separate documentation that includes prints, photos and newspaper clippings, brochures, fliers and other information pertaining to the CIB program. Finally, if a community has the resources it can undertake a more detailed and comprehensive CPB that it can use as information for citizens and a promotional "tool" for its Community. The design and comprehensiveness is at the full discretion of the community. Page 349 of 401 Communities In Bloom logo The CIB National Logo is comprised of three stylized flowers, the Communities in Bloom name and slogan in both English and French, Canada and the registration trademark. This icon may be used: -to support the CIB National Program -to support the CIB Provincial Programs - corporate CIB stationery - newspaper articles ads that support the CIB programs accredited CIB promotional material websites merchandise -flags & banners Who may use the CiB Logo? a) A municipality participating in an annual CiB edition b) A municipality that has been named "(year) Communities in Bloom winning community" by the CiB judging committee c) By accredited media reporting on CiB, events d) Credited companies for use of CiB promotional materials e) Accredited sponsors, supporters and friends of the CiB program f) Anyone who has received permission from the CiB organization for the purposes of promoting the CiB program Why should the CiB Logo be used? a) Use is encouraged to help a community identify, promote and celebrate its designation as "(year) Communities in Bloom winning community". b) By any participating CIB municipality encouraging its citizens to participate in community improvement goals c) Use is encouraged by sponsors supporters of the CIB program demonstrating support for the participating communities d) use is encouraged by individuals of a participating community in support of a CIB event OB logo specifications CIB National "Bloom Rating" logo All Applications of the CIB National Logos There are 2 versions of the Bloom are available for: Rating Logo designed to be used by participants in The National Program. Four colour process (CMYK) print Two special colours PMS 032 Red and PMS 348 Green Black and White continuous tone for one colour use - With or without the slogan CIB Logo File Formats - jpeg: screen resolution suitable for websites and PowerPoint style presentations - jpeg: high resolution suitable for desk top printers - eps: vector art for graphic professionals Graphic Standards for the CIB Logos / CIB "Bloom Rating" Logos: -The CIB Logo / CIB "Bloom Rating" Logo art may not be altered in any way, shape or form -The proportion of the type and the 'icon must remain consistent to the logos provided -The overall size may vary, but not the proportions. -The Logo should not be reduced to the size that it becomes illegible. One denotes the community's bloom rating & year of participation. The other also indicates winner. Community, Province National Finalist (Year) FinalLste national or Community, Province National Winner (Year) Gagnanit national IMPORTANT: If the community indicates that It is a National Winner, the Year must be included 1, Is, ids en fluirs Community, Province National Finalst (Year) Enaliste national Any community that has received a "Bloom Rating" can get the logo appropriate to the number of "Blooms" they received. The CiB logo is available for download in the Members Area of our website Page 350 of 401 Each Year, Provincial and National Awards Ceremonies, as well as the National Symposium on Parks & Grounds, offer a unique opportunity for participants to network with colleagues, share valuable information, learn from experts and celebrate achievements. The mission of the National Symposium on Parks and Grounds is to educate, inform, and share Best Practices, addressing new and specialized topics within the purview of the Communities in Bloom program. Through both presentations and technical visits in the local community, delegates learn from the engaging and multifaceted symposium sessions while networking with peers. The National Awards Ceremonies, hosted in a different location every year, is held in the fall in conjunction with the National Symposium on Parks and Grounds. The Awards Ceremonies are exciting events that highlight the achievements of participants in the Communities in Bloom program. The winners of each population category, national and international finalists, are announced along with their bloom -ratings and special mentions. Outstanding Achievement and Special Awards are also presented to communities excelling in particular areas. 11, WON 111111 1 '► "Within the context of climate change and environmental concerns, communities involved in the Communities in Bloom Page 351 of 401 NORM proud of their efforts, which provide real and COM,-nill 'ties COU IiVWS ifpJ en fieurs meaningful People, Manis a DO MOO... Citoyans 61 aspaces VaFtseq harmofliD— GroWingTqothar corns une sod6ld flodssante environmental solutions and benefit all of society." The commitment of local, provincial and national volunteers The support of elected officials and of staff in municipalities The dedication of our judges, staff and organizations The contribution of our sponsors and partners Page 352 of 401 Canada Communities �Callectivitts in B1( en flaws h"'. Pi. - C =ft_ 2018 ONTARIO REGISTRATION DEADLINE: APRIL 30 (extension possible upon request) ---------- Community Population Mayor or Head of Council (please indicate if City, Town Village, etc.) Name of Community Contact Position Title Address Province Postal Code Phone Fax Cell Phone Lwenin-9-Y40ne E-mail Preferred evaluation date* will be considered but cannot be linaranteed CATEGORY: Population evaluation )E] Friends ( non -evaluated) El Population Category (community is evaluated): • two volunteer judges visit and evaluates the community to provide a report, mention and bloom rating • evaluation will be planned to be scheduled for two days with accommodation provided by the host community • The evaluation will take place in July or August. The dates are determined in consultation with the community subject to the availability of the volunteer judges. Friends Category (community is not evaluated): o community is not evaluated : becomes part of the Communities in Bloom network Benefits of participation • Communities in Bloom provides access to a reputable information exchange network • Economic, Social and Environmental benefits ( as detailed in program information ) • Promotion of the community in the Ontario Edition and during the Awards Ceremonies in September Registration fees • payment by Cheque is requested at registration by mail. If you wish you may email the registration form with the cheque to follow, • Population (evaluated): El Up to 5,000: $400 El 5,001 to 10,000: $ 676 C11 0,001 to 20,000: $ 700 Friends (non -evaluated): El $ 250 ❑ 20,001 to 50,000: $ 860 ❑ Over 60,000 : $ 1000 Mail, your completed registration form and Cheque to: Communities in Bloom Ontario 217 Elizabeth St. Goderich, ON N7A 3T9 cibon20l7@gmaii.com Page 353 of 401 All communities are invited to participate in the provincial or national editions, within their population category.. Trained volunteer judges travel across Canada during the summer to evaluate communities and the overall contributions of municipality, businesses & institutions and residents, including volunteer efforts in regards to the following criteria: Tidiness. Includes an overall tidiness effort. Elements for evaluation are green spaces (parks, etc.), medians, boulevards, sidewalks, streets; municipal, commercial, institutional and residential properties; ditches, road shoulders, vacant lots and buildings; weed control, litter clean-up (including cigarette butts and gum), graffiti and vandalism programs. < Sun Rivers Resort Community, BC - Tidiness Award Winner, presented by Natura Urban Forestry and Trails. Includes the efforts with regards to written policies, by- laws, standards for tree management (selection, planting, and maintenance), long and short-term management plans, tree replacement policies, tree inventory, Integrated Pest Management (IPM), heritage, memorial and commemorative trees. Environmental Action. Includes efforts and achievement with respect to: policies, by-laws, programs and best practices, 3-R initiatives (reduce/reuse/recycle), waste reduction, composting sites, hazardous waste collections, water conservation naturalization, and environmentai stewardship activities under the guiding principles of sustainable development pertaining to green spaces. Yarmouth, NS - Environmental Action Award Winner, presented by the Canadian Nursery and Landscape Association Landscape. This section of the evaluation supports all efforts to create an environment showcasing the overall surroundings. The overall plan and design must be suitable for the intended use and location an a year- round basis. Elements for evaluation include: native and introduced materials; balance of plants, materials and constructed elements; appropriate integration of hard surfaces and art elements, use of turf and groundcovers. Heritage Conservation. The criteria includes efforts to preserve heritage within their community. Priority in evaluation is given to natural heritage, as well as the integration of landscape and streetscapes as it pertains to the built heritage of a community. Also consists of preservation of cultural heritage which includes monuments, memorials, artefacts, museums and history, archives, traditions, customs, festivals and celebrations, Jasper, AB - Heritage Conservation Award Winner, presented by Beauti-Tone Floral Displays. Evaluates efforts to design, plan, execute, and maintain floral displays. Evaluation includes the design and arrangements of flowers and plants (annuals, perennials, bulbs, ornamental grasses) in the context of originality, distribution, location, diversity and balance, colour, and harmony. This pertains to flowerleds, carpet bedding, containers, baskets and window boxes. Page 354 of 401 6 Communitle 5 Fondation in Bloom Cottectivit6s Foundation en fieurs Established in 2005, the Communities in Bloom Foundation is dedicated to funding, developing and disseminating education and awareness to a wide audience on the value, improvement, importance and sustainable development of green spaces and natural environment in Canadian society. For more information or to make a donation, please contact: Communities in Bloom Foundation (514) 694-8871 bloom. fle u rs@ sympatico. ca Or visit: www.CanadaHelps.org < Charlottetown, PE - WinterLito Award Winner, presented by Municipal World Quaficum Beach, BC - Community Involvement Award Winner, presented by Home Hardware Wood Buffalo, AB - Youth Involvement Award Winner, presented by the Communities in Bloom Foundation Godench, ON -Community of Gardeners Award Winner, presented by ScottsO PROVINCIAL, EDITIONS & PARTNERS — CONTACT INFORMATION To get involved or learn more about the program in your province or territories, please contact: BRITISH COLUIM131A! V QUItBEC 17 0 Catherine Kennedy C61ine Delzongle V, - info@bccommunitiesinbloom.ca celine.delzongle@fleuronsduquebec.clom 1 I'll Fe6r� www.loccommunitiesinbloom.ca www,fleuronsduquebec.com 604-576-6506 450-774-5707 ALBERTA NEW BRUNSWICK Karen Snethun Program Coordinator ksnethun@arpaonline.ca Aed RPA bloom@cib-cef.com www.cib.arpaonline.ca www.communitiesinbloom.ca 587-520-6287 514 694-8871 SASKATCHEWAN NOVA SCOTIA t Andrew Exelby AV,, Tanice Mundle i'a ns aexelby@spra.sk.ca tanice@tourism.ca www.spra.sk.ca www.novascotiacommunitiesinbloom.org 306-780-9262/1-800-563-2555 902-423-448011-800-948-4267 MANITOBA PRINCE EDWARD ISLAND Stephanie Doerksen Program Coordinator coo rdi nator@_mbcom mu n itiesinbloom. ca bloom@cib-cef.com www.mbcommunitiesinbloom.ca www.communitiesinbloom.ca 204-572-4004 514 694-8871 ONTARIO NEWFOUNDLAND & LABRADOR Coordinator Lynda Rotteau Stephen Quinton cibon20l7@gmaii.com squinton@municipalni.ca 1-519-524-8482 www.municipalitiesnl.com 709-753-6820 YUKON NORTHWEST TERRITORIES #4 NUNAVUT Please contact the Program Coordinator at 514-694-8871 — bloom@cib-cef.com Page 355 of 401 PROGRAM STRUCTURE Communities in Bloom is designed to be a continuous community improvement program. it is divided Into three phases: Provincial, National and international, Provincial Editions Communities participate with other communities in their popuWtion category within their province. Provincial judges evaluate the communities on the criteria previously listed and award a certificate with a rating of I to 5 blooms (5 being the highest ranking) at a provincial awards ceremony in the fall. Any community is allowed to participate in Friends a non- competitive category either to learn about the program or, if they are past participants, to maintain their initiatives, program and committees. The provincial editions also include a non- competitive Mentoring category, where an experienced community guides a new community through the process of their first participation. Each provincial organization also offers special programs and categories specific to provincial context and objectives. National Edition Who is invited to participate in the national edition? Population . The top two communities from each province in each population category (excluding the winners of the category) from the previous year's national edition are invited back to the national competition . Communities from the previous year's provincial editions as recommended by the respective provincial organization. Up to two communities can be recommended from each population category in each province. Circle of Excellence A non-competitive category, with or without an evaluation where past National winners are invited. Class of Champions A category where Canadian communities who have won in the Population category compete amongst themselves. Grand Champions A category where past winners of the Population, International Challenge and Class of Champions compete amongst themselves, Special Attractions A category that features green attractions such as parks, living history museums, public gardens, etc. International A competitive category between national and international winners. PROGRAM BENEFITS is from participating in the program: Increased civic pride and community involvement • Environmental stewardship through the enhancement of green spaces • Mobilization of citizens, groups, organizations, businesses and the municipality • Best practices and Information exchange • Valuable information and feedback from the judges • Economic development and increased property values • Marketing and promotional opportunities • Positive benefits for the tourism, hospitality and retail industries • Improved quality of life • Participation from all ages and walks of life of the community OUTSTANDING ACHIEVEMENT AWARDS Awards are also part of the provincial and national editions and recognize exemplary achievement in each criteria, plus other special initiatives. PROCESS FOR PARTICIPATION Registrations Helpful Information on the program and the evaluation form are available by contacting the Provincial Office by visiting: https:/Icibontario.ca Registration can be done through the Provincial Office. Your Local Committee The committee is usually composed of local citizens, including one member of council and members of associations, businesses and organizations interested in horticulture, heritage and improving community life. The committee's objectives are: • To involve the community by means of local contests, which increase awareness about the program, its benefits and opportunities. 11 To act as a liaison with the municipal authorities and Communities in Bloom. Bloom Ratings ] Communities are rated from v, 1 to 5 blooms Up to 55 points: I bloom 56-63 points: 2 blooms 64-72 points: 3 blooms 73-81 points: 4 blooms 82 points and more: 5 blooms Minton, ON - Land Reclamation Award Winner, presented by The Butchart Gardens Budget While participation in the program does not require considerable financial resources, obtaining funds to promote the program, involve the community, honour participants and volunteers, attend the award ceremonies, etc. is recommended. It is suggested for the community to prepare an estimated budget and to find sources of funding, such as fundraising programs, community events, etc. Communities in Bloom can provide fundraising ideas and examples from other communities. Promotional Merchandise For information and order forms, please visit www.communitiesinbloom.ca or contact: Merchandise Coordinator Communities in Bloom Tel 614-694-8871 - Fax 514-694-3725 bloom a ,cib-cef.com Page 356 of 401 The participating communities have a responsibility to: - Involve the entire community to participat4 (with the support of municipal council Prepare for the judging during the summer Provide lodging for 2 nights for 2 judges. Attend the Provincial awards ceremonies Pay a registration fee, based on populatioi categories and level of competition. THE JUDGES' VISIT — USEFUL TIPS - Prepare information that addresses all criteria in the evaivation form. ,� Make good use of the time spent by the judges in your community, to benefit from thei expertise. , The judges' itinerary should include all of tht criteria. " Provide the judges with the opportunity tc interact with key individuals and network is your community. "I Let them see that you are proud of you achievements. AWARDS CEREMONIES The Provincial Awards Ceremonies are held in the fall and include presentations and awards to all participants along with the judges' feedback. The National Awards Ceremonies, hosted in a different city each year, is held in the fall, in conjunction with the National Symposium on Parks and Grounds. All National Finalists are encouraged to attend. The communities are showcased by means of community exhibits and promotional material. www.communitiesinbloom.ca: CiB's website gives visibility to our participants in the NewsComrn and Explore our Communities section of our website. The website also includes a resource centre featuring information from sponsors and communities along with electronic copies of our magazines. Social Networks: CIB participants are welcomed to send us updates, news and photos to post an our Facebook and Twitter pages: (www,facebook.com/communitiesinbloom & www.twitter,com/ciboef) Information Exchange Network: Information and documents gathered by the judges and made available on the Leisure Information Network (LIN) website. (www.lin,calcommunities-in-bloom) Magazine: Published twice -yearly, also showcases participants with photos, results and articles. The magazine is also presented electronically on the website (in the resource centre). Home Hardware Charity Calendar: A fundraiser for the SickKids Foundation featuring participating communities, (www,sickkidsfoundation.com) Scotts Miracle -Gro Garden Contest: The contest celebrates outstanding residential gardens (flower garden, edible garden and youth - run edible garden). Scotts Best Garden Program: A program that recognizes the hard work and dedication of citizens to create and maintain their gardens. (https::/Iwww,facebook.com/ScoftsCanada) Scotts Miracle -Gro GR01000 Grassroots Gardens: A commitment to install 1,000 gardens and green spaces in the United States, in Canada and in Europe by 2018. (www.grogood.com/GiveBackToGro/GRO10OO/C anada) CN EcoConnexions — From the Ground Up: A program that aims to promote the greening of municipal properties across Canada. (www,cnfromthegroundlup.ca) Agrium Community Green Spaces Program: A program that aims to establish, create or enhance local green space in a community on municipal t, properties such as parks, green spaces, and community grounds. Nutrients for Life: Educational material and Coin YJ I o n l 9 1 c.q COTIV010908 112 Terry Fox Kirkland QC H9H 4M3 Tel.: 614-694-8871 - Fax: 614-694-3725 bloom@clb-cef.com www.communitiesinbloom.ca National Snonsors; hcudware 'ruff,13milder Rowdy,# Teck VIARAC".&I Partners dim Agriculture CPRA ACPL Canada' Garden Route: Presented by VIA Rail, Canada's Garden Route is the most comprehensive listing of Canadian gardens and garden experiences Gardens of Remembrance Program: The program aims to engage communities throughout Canada to honour Veterans by means of remembrance gardens along with local activities. Page 357 of 401 The City of Niagara Falls, Ontario Resolution February 13, 2018 Moved by: Seconded by: WHEREAS the Province of Ontario announced on November 29, 2017, the Development Charges Rebate Program; and WHEREAS Janet Hope, Ministry of Housing Deputy Minister, distributed Program Guidelines on December 20, 2017; and WHEREAS the City of Niagara Falls was one of the municipalities listed and invited to submit an Expression of Interest (EOI); and WHEREAS the City of Niagara Falls has the option to designate the Niagara Region, being the housing Service Manager as the administrator of the program and submit an EOI on our behalf; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls designate the Niagara Region, being the housing Service Manager, as the program administrator; and FURTHER BE IT RESOLVED that the Niagara Region, as the housing Service Manager, be directed to submit an EOI to the Ministry of Housing (MHO); and FURTHER BE IT RESOLVED that the Niagara Region, as the housing Service Manager, be authorized to enter into a Transfer Payment Agreement with the MHO on behalf of the City of Niagara Falls; and FURTHER BE IT RESOLVED that the Niagara Region, as the housing Service Manager, provide written confirmation from a person of appropriate authority of its willingness to act as program administrator on behalf of the City of Niagara Falls; and FINALLY BE IT RESOLVED that the Niagara Region, as the housing Service Manager, work with the City of Niagara Falls in determining rental housing development and units that are eligible to receive rebate funding under the Development Charges Rebate Page 358 of 401 Program, planning approval timelines, and any municipal incentives that may be available; forthwith. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON ACTING CITY CLERK JAMES M. DIODATI MAYOR Page 359 of 401 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 16, 17, and 18, Registered Plan 59M-427, not be subject to part -lot control (PLC -2017-004). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part -lot control, not be subject to such part -lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2012-133 to permit semi- detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lots 16, 17 and 18 into 6 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part -lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 16, 17, and 18, Registered Plan 59M-427, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this thirteenth day of February, 2018. .......................................................................................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 13, 2018 Second Reading: February 13, 2018 Third Reading: February 13, 2018 S:\PART LOT CONTROL\2017\PLC-004\PLC-2017-004 By-law.docx Page 360 of 401 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to enter into an agreement for election services and software licencing with Dominion Voting Systems Corporation for the 2018 and 2022 Municipal Elections. WHEREAS Section 42 (1)(a) of the Municipal Elections Act, 1996, S.O. 1996, c.32, provides that the Council of a municipality may, by by-law, authorize the use of vote - counting equipment, such as optical scanning vote tabulators for the purpose of casting ballots and counting votes at municipal elections; and AND WHEREAS Council approved the use of optical voting tabulators for the purpose of counting votes at the 2018 Municipal Elections on April 25, 2017. AND WHEREAS the Council of the Corporation of The City of Niagara Falls deems it advisable to enter into an agreement with Dominion Voting Systems Corporation for Election Services and to obtain the Software Licence requirements to conduct the 2018 Municipal Election; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That The Corporation of The City of Niagara Falls enter into an agreement with Dominion Voting Systems Corporation for Election Services and to obtain the Hardware and Software Licence requirements to conduct the 2018 and 2022 Municipal Elections, attached hereto as Schedule "A" and forming part of this by- law. 2. That the Mayor and Acting City Clerk be authorized and directed to execute, on behalf of The Corporation of The City of Niagara Falls, the said agreement. 3. This by-law shall come into full force and effect upon its passage. 4. This by-law may be cited as the "Dominion Voting Systems Corporation Agreement By -laud'. Passed this thirteenth day of February, 2018. .......................................................................................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 13, 2018 Second Reading: February 13, 2018 Third Reading: February 13, 2018 Page 361 of 401 HARDWARE RENTAL, SOFTWARE LICENSE AND SERVICES AGREEMENT This Rental, Software License and Services Agreement (hereafter the "Agreement") dated this 5th day of January, 2018 (hereafter the "Effective Date") is made by and between The Corporation of the City of Niagara Falls, ON, located at 4310 Queen Street, Niagara Falls, ON L2E 6X5 (hereafter "Customer") and Dominion Voting Systems Corporation, located at 215 Spadina Avenue, Toronto, ON, M5T2C7 (hereafter "Dominion"). This Agreement may refer to Dominion and Customer together as the "Parties," or may refer to Dominion or Customer individually as a "Party." 1. Composition of Agreement. Exhibit A is attached and incorporated herein by reference and forms a part of this Agreement. This Agreement consists of the general terms and conditions contained in the following Sections, together with Exhibit A: Exhibit A: Hardware Rental, Software License and Services Agreement 2. Definitions. For the purposes of this Agreement, the following are defined terms: 2.1. "Dominion Software" means software licensed by Dominion to the Customer. 2.2. "Hardware" means Dominion's proprietary voting system hardware as specified in Exhibit A herein. 2.3. "Licensed Software" means the Dominion Software and Third -Parry Software, collectively, together with any user manuals or other associated documentation as described in Section 6 herein. 2.4. "Specifications" means descriptions and data regarding the features, functions and performance of the Dominion Software, as set forth in user manuals or other applicable documentation provided by Dominion. 2.5. "Third Party Software" means manufacturer supplied software, or firmware owned by third parties, which Dominion provides to Customer pursuant to sublicenses or end user license agreements with the owners of such Third Parry Software. 3. Term of Agreement. The "Term" of this Agreement shall begin on the Effective Date and shall expire December 31, 2022. The payment terms of Section 5, to extent of any payments are still due, shall survive any expiration or termination of this Agreement in accordance with their respective terms. 4. Dominion's Responsibilities. 4.1. Dominion shall provide the Customer with the licensed hardware and software, and the services described in Exhibit A (Hardware Rental, Software Licenses and Services Agreement). 4.2. Dominion shall grant to the Customer a non-exclusive, non -transferable, license ("License") to use the Dominion Software and Hardware provided by Dominion pursuant Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 1 of 15 Page 362 of 401 to Section 6 of this Agreement. 5. Customer's Responsibilities. 5.1. In consideration for the products, licenses and services described in this Agreement, Customer shall pay the amounts specified in Exhibit A. Customer is responsible for all sales, excise, personal property or other taxes or duties on the amounts paid or products or services provided under this Agreement. If Customer is exempt from such taxes or duties, Customer shall provide Dominion with a tax exemption certificate. 5.2. Customer shall provide Dominion with physical accommodations reasonably required for Dominion to perform its obligations, including premises access, electrical power, and data connectivity. 5.3. Customer is solely responsible for assuring all relevant federal, provincial, and local laws, ruling and ordinances are complied with in regard to the use of Dominion's system for any Customer election, including all associated election guidelines and applicable election due dates. Notwithstanding any other provision in this Agreement to the contrary, Customer shall defend, indemnify and hold Dominion harmless from and against any and all claims, demands, damages, injuries, expenses (including reasonable attorneys' fees and court costs) and liability arising in connection with the Customer's responsibility pursuant to this Section 5.3. 6. Software and Hardware Rental, License and Use. 6.1. Hardware. Dominion agrees to rent the Hardware to Customer during the Term as described in Exhibit A herein. 6.2. License. Subject to the terms of this Agreement, Dominion grants Customer a non- exclusive, non-transferrable license to use the Software and Hardware solely for the Customer's own internal business purposes. This License shall only be effective during the Term and cannot be transferred or sublicensed. 6.3. No Other Licenses. Other than as expressly set forth in this Agreement, (a) Dominion grants no licenses, expressly or by implication, and (b) Dominion's entering into and performing the Agreement will not be deemed to license or assign any intellectual property rights of Dominion to Customer or any third party. Without limiting the foregoing sentence, Customer agrees to use the Dominion Software outlined in Exhibit A herein, and agrees not to use any Dominion Software as a service bureau for elections outside the Customer's jurisdiction and agrees not to reverse engineer or otherwise attempt to derive the source code of any Dominion Software. The Customer shall have no power to grant sub -licenses for the Software. Any use of all or any portion of the Software not expressly permitted by the terms of this Agreement is strictly prohibited. 6.4. Prohibited Acts. The Customer shall not, without the prior written permission of Dominion: Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 2 of 15 Page 363 of 401 6.4.1. Transfer or copy onto any storage device or hardware or otherwise copy the Software in whole or in part except for purposes of system backup; 6.4.2. Reverse engineer, disassemble, decompile, decipher or analyze the Software or Hardware in whole or in part; 6.4.3. Alter or modify the Software or Hardware in any way or prepare any derivative works of the Software or any part of parts of the system; 6.4.4. Alter, remove or obstruct any copyright or proprietary notices from the Software or Hardware, or fail to reproduce the same on any lawful copies of the Software. 6.5. Proprietary Rights. Customer acknowledges and agrees that Dominion owns the Dominion Hardware, Dominion Software, all documentation and training materials provided by Dominion, the design and configuration of the Dominion Hardware and the format, layout, measurements, design and all other technical information (except for Customer supplied information such as election information) associated with the ballots to be used with the Dominion Hardware. Customer has the right to use the aforementioned items to the extent specified in this Agreement. Dominion likewise owns all patents, trade -marks, copyrights, trade names and other proprietary or intellectual property in, or used in connection with, the aforementioned items. The aforementioned items also contain confidential and proprietary trade secrets of Dominion which are protected by law and are of substantial value to Dominion. 7. Limited Warranties. 7.1. Dominion Software and Hardware. Dominion warrants that, during the term of this agreement, the Software and Hardware will function substantially in accordance with the Specification. If the Customer believes that the Software or Hardware is not functioning substantially in accordance with the Specifications, the Customer shall provide Dominion with written notice of the material failure within ten (10) days of discovering the material failure, provided that the Customer can reproduce the material failure to Dominion. Dominion shall use reasonable efforts to correct the material failure of the Software or Hardware. The foregoing warranty shall be void in the event of the Software or Hardware (i) has been modified by any party other than Dominion or its licensors or (ii) has been used by the Customer for purposes other than those for which the Software or Hardware was licensed. 7.2. NO OTHER WARRANTIES. DOMINION DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 8. Indemnification. Each party to this Agreement shall indemnify, defend, and hold harmless the other party and its officers, directors, agents, employees, and owners from and against any and all demands, claims, damages to persons or property, losses, and liabilities, including reasonable Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 3 of 15 Page 364 of 401 attorneys' fees (collectively, "Claims"), arising out of or caused by the indemnifying parry's gross negligence or willful misconduct in connection with the services contemplated by this Agreement. In addition, Customer shall indemnify and hold harmless Dominion from any third parry claims arising from, or alleged to arise from, Customer's failure to operate properly the System licensed, rented and/or leased under this Agreement, in the manner so designated by Dominion. 9. Limitation of Liability. Dominion's total aggregate liability for any loss, damage, costs or expenses under or in connection with this Agreement, howsoever arising, including without limitation, loss, damage, costs or expenses caused by breach of contract, negligence, strict liability, breach of statutory or any other duty shall in no circumstances exceed the total dollar amount of the Agreement. Neither parry shall be liable for any loss of profits, loss of business, loss of data, loss of use or any other indirect, incidental, special or consequential loss or damage whatsoever, howsoever arising, incurred by the other parry or any third parry, whether in an action in contract, negligence or other tort, even if the parties or their representatives have been advised of the possibility of such damages. 10. Liquidated Damages. Dominion shall not be liable for liquidated damages of any kind. 11. Confidential Information. 11.1. For purposes of this Agreement, confidential information ("Confidential Information") is defined as those materials, documents, data, and technical information, specifications, business information, customer information, or other information that the disclosing Party maintains as trade secrets or confidential and which are disclosed to a receiving Party in tangible form conspicuously marked as "confidential," or with words having similar meaning or which are expressly identified in this Subsection 11.1. Confidential Information includes all Dominion Software source and object code and written documentation associated therewith. 11.2. Each Parry shall treat the other Parry's Confidential Information as confidential within their respective organizations. 11.3. Neither Parry shall disclose the other Party's Confidential Information to any person outside their respective organizations unless disclosure is made in response to, or because of, an obligation to any federal, provincial, or local governmental agency or court with appropriate jurisdiction, or to any person properly seeking discovery before any such agency or court. 11.4 Each Parry shall be given the ability to defend the confidentiality of its Confidential Information to the maximum extent allowable under the law prior to disclosure by the other Parry of such Confidential Information. 12. Termination. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 4 of 15 Page 365 of 401 12.1 If either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the non -breaching Parry, the non -breaching Parry may terminate this Agreement as of a termination date specified in that notice or in a subsequent notice delivered within the 30 -day period. If the breach cannot be completely cured within the 30 -day period, no default will occur if the Party receiving the notice begins curative action within the 30 -day period and thereafter proceeds with diligence and in good faith to cure the breach as soon as practicable. 13. Risk of Loss Insurance. Customer shall bear the entire risk of loss or damage to the Hardware and Software after Customer receipt of the Hardware and Software. The occurrence of any such loss or damage shall not permit Customer to delay or reduce the payment of any fees prescribed under this Agreement. Customer may, at its own expense and option, obtain and maintain property and casualty insurance for the Hardware and Software against all risks of loss or damage. The amount of such insurance shall not be less than the replacement cost of the Hardware and Software. All policies for such insurance shall (i) designate Dominion as a named insured and Dominion and Customer as loss payees, as their interests may appear and (ii) contain a provision that entitles Dominion to at least fifteen (15) days' written notice prior to cancellation or modification of such insurance policy Customer shall provide Dominion with a certificate of insurance with respect to such policy on or before the time of delivery of the System. Customer shall not be relieved of the obligation to reimburse Dominion for the costs associated with damage or loss to the Hardware and/or Software by failing to obtain the insurance coverage as described above. 14. Assignment and Right to Subcontract. Neither Parry may assign its rights, obligations, or interests in this Agreement without the written consent of the other Party. 15. Governing Law. This Agreement will be construed under the laws of the Province of Ontario, and the courts within the Province of Ontario shall have non-exclusive jurisdiction for all actions to enforce this Agreement. 16. Survival. The provisions of Sections and Subsections 1, 2, 3, 7, 8, 9, 10, 11, 15, 16, 18, and 20 shall survive the expiration or termination of this Agreement. 17. Force Majeure. Should any circumstances beyond the control of Dominion or Customer occur that delay or render impossible the performance of any obligation due under this Agreement, such obligation will be postponed for the period of any delay resulting from any such circumstances, plus a reasonable period to accommodate adjustment to such extension, or cancelled if performance has been rendered impossible thereby. Such events may include, without limitation, accidents; war, acts of terrorism; natural disasters; labor disputes; acts, laws, rules or regulations of any government or government agency; or other events beyond the control of Dominion or Customer. Dominion shall not be liable under this Agreement for any loss or damage to the Customer due to such delay or performance failures. Notwithstanding the foregoing, both Parties shall use their best efforts to minimize the adverse consequences of any such circumstances. This Section shall not operate to excuse any Parry from paying amounts that are owed pursuant to this Agreement. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 5 of 15 Page 366 of 401 18. Legality and Severability. This Agreement and the Parties' actions under this Agreement shall comply with all applicable federal, provincial and local laws, ordinances, rules, regulations, court orders, and applicable governmental agency orders. If any term or provision of this Agreement is held to be illegal or unenforceable, the remainder of this Agreement shall not be affected thereby and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The Parties agree that any court reviewing this Agreement shall reform any illegal or unenforceable provision to carry out the express intent of the parties as set forth herein to the fullest extent permitted by law. 19. Waiver. Any failure of a Parry to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any provisions herein. 20. Notices. All notices required or permitted to be given hereunder shall be given in writing and shall be deemed to have been given when emailed, personally delivered or by nationally recognized overnight carrier or mailed, certified or registered mail, return receipt requested, addressed to the intended recipient as follows: If to Dominion: Dominion Voting Systems Corporation Attn: Office of General Counsel 215 Spadina Avenue Toronto, ON M5T 2C7 If to the Customer: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 21. No Third Party Beneficiaries. Dominion and the Customer agree that this Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third parry, and that there are no third -parry beneficiaries of this Agreement or any part or specific provision of this Agreement, and no third parry shall have any right to enforce this Agreement or any provision hereof. 22. Entire Agreement. This Agreement and its Exhibits incorporated herein by reference constitute the entire agreement, understanding and representations between Dominion and the Customer, and supersede and replace all prior agreements, written or oral. No modifications or representations to the Agreement shall be valid unless made in writing and signed by duly authorized representatives of both the Customer and Dominion, and incorporated as an Addendum hereto. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 6 of 15 Page 367 of 401 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. DOMINION VOTING SYSTEMS CORPORATION AUTHORIZED SIGNATURE PRINTED NAME TITLE DATE THE CORPORATION OF THE CITY OF NIAGARA FALLS AUTHORIZED SIGNATURE PRINTED NAME TITLE DATE Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 7 of 15 Page 368 of 401 EXHIBIT A HARDWARE RENTAL, SOFTWARE LICENSE AND SERVICES AGREEMENT THE CORPORATION OF THE CITY OF NIAGARA FALLS ELECTION SERVICES, DELIVERABLES AND PRICING, PAYMENT SUMMARY 2 -Election Contract This is a 2 -Election Contract, including the system deployment for the 2018 election and the 2022 election. Elections Ontario — Dominion Tabulator Lease Program Option When Elections Ontario and Dominion release our joint Tabulator Lease Program to Ontario municipalities for the 2018 and 2022 municipal elections, the City of Niagara Falls will have the option of choosing to sign on to the Elections Ontario — Dominion Tabulator Lease Program and its associated pricing, if the Elections Ontario — Dominion Tabulator Lease Program offers lower pricing than the Dominion pricing shown to on this Contract. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 8 of 15 Page 369 of 401 Tabulator System Service or Product Provided Associated # of Units or Unit Price Extended ® ImageCast Optical Scan Ballot Days I I Price Voting Technologies ® ImageCast Optical Scan Ballot 50 units $1,300 $65,000 Tabulator (including memory cards (for Election Day, Advance for each unit) Voting Days, and Backup) ® ImageCast Accessible Voting Ballot 2 units $5,000 flat $6,700 Marker Device Add -On Component (for deployment on Advance rate for Audio (including Headset, Hand -Held Voting Days, and/or Election Ballot License Controller, Paddles Device, Sip -and- Day) and Puff Device (with 10 mouthpiece Programming, straws), and Ballot Printer, for plus $850 per deployment at central locations, for tabulator electors who cannot negotiate a receiving the paper ballot) add-on component Subtotal 1 $71,700 Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 9 of 15 Page 370 of 401 Democracy Suite Software Election Management System (EMS) Flat Rate Charge $6,700 $6,700 License Includes the following components: - Election Event Definition Module License ® Module hosted by Dominion - Results Tally and Reporting Module License ® Module installed on laptop computer provided by Dominion and delivered to your location. Laptop computer rental included in this license ® Includes 2 memory card readers to upload results from memory cards to Results Tally laptop. ® Standard results reports included as part of module Election Night Graphical Results Display Flat Rate Charge $3,500 $3,500 ® Standard template configured with your logo and colours ® Allows real-time result updates as results are released by your officials on Election Night ® For projection at City Hall, display on websites, feeding to television, etc. Subtotal $10,200 Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 10 of 15 Page 371 of 401 Professional Services $108,100 Implementation Services Flat Rate Charge $22,100 ® Dominion labour for Project $91,885 Planning, Coding, System plus tax Configuration, Pre -Ship Testing and per Election Project Execution Onsite Training 1 Trainer for 1 session $1,300 $1,300 ® In-person training session conducted by Dominion staff. Includes all travel expenses. Election Day Onsite Support 1 Representative for 1 day $1,300 $1,300 ® Dominion Support Representative for Onsite Support on Election Day. Includes all travel expenses. Advanced Voting Day Phone Support Included Included ® Dominion Phone Support via Hotline for Advanced Voting Days Shipping ® Equipment (delivery and return) and Flat Rate Charge $1,500 $1,500 Consumables (including ballots) Subtotal 1 $26,200 Tabulator System Lease Subtotal $108,100 Multi -Election Discount (15%) $ -16,215 Tabulator System Lease Total $91,885 plus tax per Election Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 11 of 15 Page 372 of 401 PRICING SUMMARY Dominion Tabulator Lease Total $91,885 for 2018 Election plus tax Dominion Tabulator Lease Total $91,885 for 2022 Election plus tax Pricing Notes ® The above pricing involves the rental of the tabulators and software for the election event. ® The above pricing does not include applicable taxes, which will be charged extra. ® The Shipping flat rate charge shown above is based on Dominion's standard shipping plan and schedule for equipment and consumables. Any extra shipping charges incurred due to the customer causing a deviation from Dominion's standard shipping plan and schedule will be charged extra. ® After the election, the Customer must repackage the tabulators and peripheral equipment in the same manner as which they were delivered, for pickup by the Dominion shipper. This includes packing equipment in their respective boxes. If the equipment was delivered via skids, the Customer will place the equipment back on the same skids and wrap the skids with shrink wrap. Dominion reserves the right to charge the Customer extra if equipment is not repackaged for pickup in the same way it was delivered. ® The above pricing is for ballot tabulation equipment, licenses, and services only, and does not include ballots, ballot boxes, pens, various consumable election supplies, etc. See below for ballot and election supplies pricing. ® Above pricing does not include any onsite Logic and Accuracy Test support by Dominion personnel. In most cases, municipal staff can complete the tabulator testing process, using Dominion's written instructions, and Dominion phone support if needed. However, if the Municipality prefers to have a Dominion support rep onsite to oversee the testing process performed by your staff, this can be arranged, at our normal rates. ® Election Day Onsite Support will be provided by a Dominion -trained support representative. This representative will have a general knowledge of different aspects of your election system, and will serve as initial support for any issues that may arise, and this representative will utilize the Dominion Election Day Phone Support Hotline to obtain direct phone instruction from top Dominion engineers who are experts in each component of your election system. ® Pricing does not include services or onsite support for any recounts or other post-election audits. Dominion is happy to provide support for these post-election events, based on our standard rates, and based on the support services required by the customer. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 12 of 15 Page 373 of 401 Payment Terms For 2018 Election: ® 40% of total 2018 system price plus tax due at contract execution. ® 40% of total 2018 system price plus tax due upon delivery of the 2018 tabulators. ® 20% of total 2018 system price plus tax due upon completion of the 2018 election. For 2022 Election: ® 40% of total 2022 system price plus tax due at January 15, 2022. ® 40% of total 2022 system price plus tax due upon delivery of the 2022 tabulators. ® 20% of total 2022 system price plus tax due upon completion of the 2022 election. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 13 of 15 Page 374 of 401 2018 Consumable and Additional Item Pricing Below are prices for consumable and additional items for your 2018 election, for your reference. Election Supplies Quantity Unit Price Price Ballot Box—Large Podium Style As needed $50.00 As needed ® Based on the standard Dominion by Municipality each $ 0.25 each Ballot Box — Small Table -Top Style As needed $50.00 As needed 8.5" by 11" size each Secrecy Folders As needed (approx. 30 per $2.40 each As needed wrapped in bundles of 200 sheets location recommended) Ballot Marking Pens As needed (approx. 30 per $2.00 each As needed location recommended) Memory Card Plastic Tie Seals As needed $2.00 each As needed Additional Memory Cards beyond those As needed $80 each As needed included in the tabulator rental, to allow redeployment of a tabulator (incl. programming) (2 cards needed per unit) Election Supplies Total As needed Ballots Ballots Quantity to be determined ® Based on the standard Dominion by Municipality $ 0.25 each ballot template style, at standard 8.5" by 11" size ® Ballots will be delivered shrink- wrapped in bundles of 200 sheets Ballot Total As needed Notes: Ballots must be purchased from Dominion, since Dominion only uses certified printers who have a proven track -record with Dominion. For efficient and accurate ballot scanning and tabulation, the ballots must be printed without any errors, under strict time restraints, and Dominion has certified and integrated our systems with this proven network of certified printers. Ballot pricing is based on the standard Dominion ballot template style at standard 8.5" by 11" size. Dominion may charge extra for custom changes to standard ballot design. Ballot boxes are sold in sets of 3 -packs or 5 -packs only. Taxes are not included in the above pricing, and will be charged extra. Shipping is included for the above items. Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 14 of 15 Page 375 of 401 -ELECTION CONTRACT DETAILS (FOR 2018 AND 2022 ELECTIONS) Under this Dominion 2 -Election Contract: ® You will receive your 2018 election system at the price shown on this contract, and you will receive your 2022 election system at the same price as the 2018 election shown on this contract. As such, you will lock in your 2018 and 2022 election system at the current low prices shown on this contract, and therefore will not pay for inflation, unexpected price increases, etc. ® You will receive free tabulator rentals for any by-elections during the contract period (you will only pay for by-election services, software licensing, ballots and other consumables). ® The contract will begin upon contract execution, and will terminate on Dec 31, 2022. ® You will pay for the 2018 election in 2018, and pay for the 2022 election in 2022 NOTE: Municipality may revise quantities for the 2018 and 2022 elections, based on election plans at that time, as long as they advise Dominion at the start of the election year. Dominion will invoice Municipality at the line -item prices shown on this contract, for the final quantities ordered. If the Municipality chooses to have a manual count election in 2022 (i.e. not involving any vote tabulation automation), or chooses an election method for which Dominion does not provide an automation system for the 2022 election, the Municipality can cancel the 2022 segment of the contract at that time. If the Municipality chooses a different election method in 2022, and Dominion provides or will provide an automation system to handle that method, the contract will remain in place and Dominion will charge the Municipality the appropriate price for the new system based on Dominion's widely quoted standard 2017 rates. Therefore, if the Municipality changes the type of system they require in 2022, they will still receive Dominion's 2017 pricing under the contract. The Municipality's previously -agreed contract system price will be applied against the new system price, resulting in either a rebate to the Municipality or an additional charge to the Municipality (depending on if the new system is priced higher or lower than the previously -agreed system contract price). Dominion Voting Systems Corp. Hardware Rental, Software License and Services Agreement Niagara Falls, ON 01.05.2018 Page 15 of 15 Page 376 of 401 CITY OF NIAGARA FALLS By-law No. 2018 — A by-law to authorize the execution of a Licence Agreement with Ontario Power Generation Inc., and a Sublicence, Agreement with Ontario Power Generation Inc, and the Niagara Falls Rowing Club, respecting non-exclusive licences for the use of the lands known as George Bukator Park. THE, COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: A Licence Agreement made between Ontario Power Generation Inc. as OPG, and The Corporation of the City of Niagara Falls as Licensee, respecting the non- exclusive licence for recreational trail purposes and operation of a boat ramp and motor vehicle parking lots on the lands known as George Bukator Park, as described in the Licence Agreement as, attached hereto, is hereby approved and authorized. 2. A Sublicence Agreement made between Ontario Power Generation Inc. as OPG, The Corporation of the City of Niagara Falls as Licensee, and the Niagara Falls Rowing Club as Sublicensee, respecting the non-exclusive licence for the purposes of constructing a boathouse, floating dock and storage facility, and the operation of the Niagara Falls Rowing Club on the lands known as George Bukator Park, as described in the Sublicence Agreement as attached hereto, is hereby approved and authorized. 3. The Mayor and Acting City Clerk are hereby authorized to execute the said Licence Agreement and Sublicence Agreement. 4. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement and Sublicence Agreement. Passed this, thirteenth day of February, 2018. .............................................. ........ ...... ............... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 13, 2018. Second Reading: February 13, 2018. Third Reading: February 13, 2018. Page 377 of 401 LICENCE AGREEMENT THIS LICENCE made as of the day of 20; BETWEEN: ONTARIO POWER GENERATION INC., a corporation incorporated under the laws of the -Province of Ontario ("OPG") -and- THE CORPORATION OF TIIIA, CITY OF NIAGARA FALLS, a corporation incorporated under the laws of the Province of Ontario. (the "Licensee") (each a "Party" and together the "Parties") RECITALS: A. OPG is the owner of the Lands described below. B. The Licensee has requested a Licence to use, occupy and enjoy the Lands being the area depicted in the Sketch (Schedule A) (the "Licensed Lands") on a non-exclusive basis for recreational trail purposes and operating on the Lands a boat ramp(s) and motor vehicle parking lot(s), and OPG has agreed to permit the Licensee to use, occupy and enjoy the. Licensed Lands for such purpose(s), subject to the terms and conditions contained herein ("the Licence" or "this Licence"). NOW THEREFORE in consideration of the compensation described in Section 3 hereof, and in consideration of the covenants and conditions hereinafter contained to be kept and performed by OPO and the Licensee, the Parties agree as follows: 1. DEFINMONS For the purposes of this Licence, the following definitions shall apply: ('a) "Applicable Laws" in respect of any person, property, transaction or event, means all applicable federal, provincial, municipal and local laws, statutes, rules, regulations, orders, guidelines, codes, by-laws, ordinances, standards, treaties, judgments and decrees applicable to that person, property, transaction or event at the applicable time and; whether or not having the force of law, all applicable approxals, requirements, requests, directives, rules, guidelines, instructions, circulars, manuals, policies and formal interpretations thereof of any governmental authority having or purporting to have authority over that person, property, transaction or event at the applicable time; (b) "Business Day" means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario; (c) "Environmental Laws" mean all applicable federal, provincial, municipal and local laws, statutes, regulations, guidelines, provincial policies, and by-laws, official plans, and all orders, directives, rulings and decisions,rendered by any ministry, department or administrative or regulatory agency or court, including any obligations or requirements arising under common law, relating to the protection of the environment, mining, drinking water, wildlife, human health and safety or the manufacture, processing, sewage treatment, storage, disposal, transport, handling, containment, clean-up or other remediation or corrective action or in respect of a Hazardous Substance; (d) "Hazardous Substance" means any substance, material, chemical, waste of any nature, or thing (including asbestos, asbestos containing material, petroleum, petroleum by-products, radioactive substances, pesticides, herbicides, polychlorinated biphenyls) which is or is deemed or defined to be, alone or in any combination, hazardous, dangerous, toxic, a pollutant, a deleterious substance, a dangerous good, a designated substance, a contaminant or a source of pollution or contamination. or is otherwise regulated, and includes all analogous concepts as defined in or pursuant to any Environmental Law or designated under any Environmental Law; (e) "OPG Representatives" means OPG's employees, contractors, agents and assigns from time to time; (f) "OPG Works"means all structures, facilities and equipment wherever located, owned or used by OPG in connection with the generation, transmission, distribution or sale of electricity including, ,without limitation, all transmission lines (including buried cables and wires), towers, poles, guys, Page- 1 -of 11 Page 378 of 401 anchors and transformers (including pad mounted transformers, and communication structures and equipment). (g) "Lands" means Part of Lots 21.3, 214„ 215, 216, 217 and 2.18 in the Township of Stanford , now the City of Niagara Falls, in the Regional Municipality, of Niagara municipally ]mown as George Bukator Park, as further shown in red on Schedule "A' attached hereto; (h) "Licence" has the meaning set forth in the Recitals; (i) "Licence Fee" has the !Weaning set forth in Section 3; 0) "Licensed Lauds" has the meaning set forth in the Recitals; (k) "Release" has the meaning prescribed in any Environmental Law and includess any release, intermittent or gradual release, spill, leak, pumping, addition, pouring, emission, emptying, discharge, infection, escape, leaching, disposal, dumping, deposit, spraying, burial, abandonment, incineration, seepage, placement or introduction, whether accidental or intentional. (1) "Sketch!" means the general site sketch illustrating that portion of the Lands being the subject of this Licence as shown in red on Schedule "A" attached hereto and forming part of this Licence; (m) "Term" has meaning as set out in Section 2 of this Licence. 2. DEMISE AND TERM (a) OPG hereby grants a licence to the Licensee to use, occupy and enjoy the Licensed Lands in accordance with the covenants and agreements herein, and subject to all existing encumbrances on the Lands, for a period of twenty (20) years, commencing on July 1, 2017 and terminating on June 30, 2037 (the "Term"). (b) The Licensee acknowledges having had the opportunity to inspect the Licensed Lands prior to entering into this Licence and hereby accepts the Licensed Lands on an "as is, where is" basis. (c) Except as otherwise provided for in this Licence, this Licence may be terminated by either Party at any time during the Term upon six (6) months' prior written notice to the other. 3. LICENCE ME (a) In consideration ofthe use ofthe Licensed Lands, the Licensee hereby agrees to make a one-time payment to OPG in the amount of $2.00 CAD, (the receipt and sufficiency of which is hereby acknowledged), (the "Licence Fee"). 4. USE (a) It is a condition of this non-exclusive Licence and of the exercise of the rights and privileges hereunder granted to the Licensee, that the Licensed Lands, together with all facilities of ingress and egress to the Licensed Lands be used for the sole purposes of public recreational use, parking and boat ramp purposes and other public recreational purposes or uses as may be agreed to between the Parties from time to time in writing. (b) For greater clarity, the parking of motor vehicles under this Licence shall mean parking only in connection with the use ofthe Licensed Lands specified in the immediately preceding paragraph. There shall be no further uses granted by OPG to the Licensee and permitted by this Licence without the prior written consent of OPG, which consent cannot be unreasonably withheld by OPG. Without limiting the generality of the foregoing, it will not be unreasonable for OPG to withhold consent to uses or purposes, whether temporary or not, that in the reasonable opinion of DPG are associated with the accumulation or piling of garbage, soil or any other substance or material and any use which in the reasonable opinion of OPG constitutes a public hazard or nuisance, or a danger or impediment to the effective and efficient operations of OPG or OPG Works,, 5. TAXFS (a) ' OPG shall pay all taxes, rates and assessments that may be levied against the Licensed Lands excluding the Licensee's business taxes. (b) The Licensee shall pay its own business taxes and shall reimburse OPG for any increase in taxes, rates, charges, duties and assessments levied in respect ofthe Licensee's occupancy ofthe Licensed Lands or in respect ofthe property or business ofthe Licensee on the Licensed Lands and paid by Page- 2 -of I I Page 379 of 401 OPG. OPG shall submit an account therefore to the Licensee which the Licensee shall pay within 30 days of receipt of OPG's iuvoiee. 6. LICENSEE'S COVENANTS The Licensee hereby covenants and agrees with OPG as follows: (a) to pay the Licence Fee hereby reserved in Section 3 in the manner and on the day specified herein; (b) to permit OPG and OPG Representatives at all reasonable times to enter and view the condition of the Licensed Lands, and to promptly alter, repair, restore and maintain them to the satisfaction of OPG in accordance with written notice by OPG or OPG Representatives; (c) to comply satisfactorily with all instructions of OPG's inspectors including without limitation instructions to halt business and operations if, in the opinion of such inspectors, the OPG Works or the safe or efficient operation thereof or access thereto may be interfered with or the safety of the public array be in jeopardy; (d) to erect traffic controls on the Licensed Lands if requested by OPG; (e) to prevent and not to permit or suffer any nuisance or anything which shall cause unnecessary annoyance or disturbance to OPG or the community; (t) not to operate or permit to or operated vehicles or other equipment within 10 feet of any OPG Works without the prior written consent of OPG, which consent may be withheld in OPG's sole and unfettered discretion; (g) not to alter the existing grade, contours, drainage, or water courses, nor apply gravel or asphalt to the Licensed Lands, nor erect or construct any building, structure or facility on the Licensed Lands, including retaining walls, without first having obtained all required municipal and governmental permits and approvals, and only after submitting detailed plans for the approval of OPG and having obtained OPG's prior written consent thereto; (h) to comply with all technical specifications of OPG as OPG may at any time and from time to time require and to ensure all employees, agents, contractors, sub -contractors, consultants, workers and. permittees ofthe Licensee observe same; (i) use and maintain the Licensed Lands (and any improvements thereon) and perform the uses specified herein: (i) strictly in accordance with Applicable Laws and Environmental Laws; (ii) in a reasonable and careful manner as a prudent owner would do; and (iii) in accordance with al l rules, regulations and requirements, as may be prescribed from time to time by OPG or any authority with relevant jurisdiction; (j) to obtain and maintain in good standing all necessary permits and licences required for the uses permitted on the Licensed Lands; (k) to maintain the Licensed Lands and all structures, facilities and improvements located thereon in a good state of repair and condition at their sole expense, whether or not required by OPG; and (1) the Licensee shall design, plant and maintain the existing gardens, and all other lawns, and vegetation on the lands. (m) At the expiration or earlier termination of this Licence, vacate and, yield up to OPG the Licensed Lands in a good state of repair and condition, as determined by OPG acting reasonably; and (n) the Licensee will be responsible for any snow removal on the Lands, and not to pile snow or allow snow to be piled on any of OPG's adjoining lands; nor on the Lands such as to result in snow piles exceeding 6 feet in height or being closer than 25 feet to any OPG Works. In the event of the Licensee acting in breach of this condition OPG may remove, or arrange to be removed, any such snow pile, the cost of which work shall be charged by OPG to the Licensee, and the Licensee shall make immediate payment therefore to OPG. (o) The Licensee shall prohibit kite flying and model airplane flying and any other activities which in the opinion ofOPG might interfere with the safe and efficient operation of its works or be offensive, Page- 3 -of I I Page 380 of 401 annoying or dangerous and shall post signs in suitable locations on the land stating that kite flying and model airplane flying and other activities are prohibited. (p) The Licensee shall prohibit the consumption of alcohol on the Lands by its employees, servants, contractors, agents and other persons, entities and invitees permitted by the Licensee to use the Lands (including tate general public). (q) The Licensee will install and maintain at their sole cost signage, in a prominent location, indicating the partnership between OPG and City of Niagara Falls allowing for the Licensee to use the Lands free of any Land Use Charge. The exact wording to be determined by the Niagara Plant Group, Public Affairs. (r) The Licensee shall maintain all vegetation at a height not exceeding 13.5 feet above the grade of the Lands existing prior to entry on the Lands by the Licensee. (s) The Licensee shall ensure that the height ofany vehicle, load, accumulation or any object,including attachments and people who may be standing thereon, at a location or locations proximate to the OPG Works, does not exceed 13.5 feet above the existing grade. 7. 11s1SVRA.NCE (a) The Licensee shall obtain and maintain in full force and effect, at its sole cost, throughout the Term. and during such other time as the Licensee occupies or otherwise is in possession ofthe Licensed Lands, the following insurance: ,i) "all risks" property insurance covering all property ofthe Licensee, including property for which it is legally liable, located within the Licensed Lands and the Lands, including all contents, Licensee improvements, inventory, stock -in -trade, furniture and moveable equipment, in an amount of not less than the full replacement cost thereof, with an agreed amount co-insurance clause. Insurance coverage must at a minimum insure the event of Etre and other perils covered under Insurance Advisory Organization's Standard Extended Coverage F,ndorsement, including earthquake, flood and collapse, and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; (ii) boiler and machinery insurance on all objects in, on or servicing the Licensed Lands, all of which are owned, operated and controlled by the Licensee in the LicensedLands or relating to or serving only the Licensed Lands, on a blanket repair or replacement basis including, without limitation, a by-law endorsement and disputed loss provisions, with hmits for each accident in an amount not less than the full replacement cost of such objects as well as of any the Licensee improvements and trade fixtures, and such insurance sball also name OPG and any mortgagee of ®PG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; (iii) commercial general liability insurance on an occurrence basis with limits of not less than $10,000,000 CAD, inclusive, for both bodily injury, including death, personal injury and damage to property, including loss of use thereof, for each occurrence. Coverage shall specifically include but not be limited to the following: blanket contractual liability, damage to all property of OPG, including loss of use thereof, pollution liability coverage on at least a sudden and accidental basis, products & completed operations, employer's liability; non -owned automobile liability; the Licensee's legal liability and, broad form property damage with respect to the Licensee's business, use or occupation ofthe Licensed Lands by the Licensee or any of its servants, agents, contractors or persons for whom the Licensee is in law responsible and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a severability of interests and a cross -liability clause; (iv) automobile liability insurance, covering all licensed motor vehicles operated by the Licensee, covering bodily injury and property damage liability to a combined inclusive minimum limit of $2,000,000 CAD and mandatory accident benefits; and (v) any other forms of insurance as GPG, acting reasonably, or any mortgagee of OPG, may require from time to time, in amounts and for insurance risks against which a prudent owner would insure; (f) Each ofthe Licensee's insurance policies will contain, as appropriate: Page- 4 -of 1l Page 381 of 401 (i) any standard mortgage clauses that maybe required by any mortgagee of OPG; a waiver of any subrogation rights which the Licensee's insurers would have against OPG or any person for whom OPG is in law responsible; (iii) a provision stating that the Licensee's insurance policy will be primary and will not call into contribution any other insurance available to OPG; and (iv) a waiver, as respects the interests of OPG and of any mortgagee of OPG, of any provision in any of the Licensee's insurance policies with respect to any breach of any warranties, representations, declarations, or conditions contained in the Licensec's policies; (g) All policies will be taken out with insurers and be in a form satisfactory to OPG. The Licensee will deliver to OPG prior to the date it occupies the Licensed Lands for any purpose either certificates of insurance and/or certified copies of the Licensee's insurance policies. The Licensee will, from time to time, or as required by OPG, furnish to OPG certificates or other evidences acceptable to OPG as to the Licensee's insurance in effect and its renewal or continuation in force. In addition, the Licensee will provide to OPG such evidence as OPG requires describing* how the full replacement cost of the Licensee's stock -in -trade, furniture, fixtures, and the Licensee improvements was determined. Failure of OPG to demand such certificate or other evidence of full compliance with these insurance requirements or failure of OPG to identify a deficiency from evidence provided will not be construed as a waiver ofthe Licensee's obligation to maintain such insurance. The acceptance of delivery by OPG of any certificate of insurance evidencing the required coverage's and limits does not constitute approval or agreement by OPG that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements; (h) All policies will contain an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless OPG has received at least 30 days prior notice ofthe change, which notice shall be delivered in accordance with Section 15 of this Licence; (i) If the Licensee at any time fails to take out, keep in force or pay the premiums on any insurance as required in this Licence, or if the Licensee fails from time to time to deliver to OPG satisfactory proof of the good standing of any such insurance or the payment of premiums as required in this Licence then OPG will, without prejudice to any ofits other rights and remedies underthis Licence, have the right, but not the obligation, to place such insurance on behalf of the Licensee. This cost together with all expenses incurred by OPG and an amount equal to 15% of those costs and expenses to cover OPG' s overhead and supervision costs will be paid by the. Licensee to OPG promptly upon demand. PROTECTIVE INSTALLATIONS In the event OPG considers it necessary that any of the OPG Works be fenced or otherwise protected or rnade separate, the Licensee shall at its sole cost and expense, erect and maintain such fences or other protective installations as OPG may reasonably require. OPG ACTIVITIES (a) OPG may at any time upon reasonable notice to the Licensee (except in an emergency when no notice shall be required), enter onto the Licensed Lands and inspect, install, maintain, repair, replace, remove, alter, relocate or add to any ofthe OPG Works located therwri and may construct, install, inspect, maintain, repair, replace and remove any new works on the Licensed Lands and conduct excavation without liability to the Licensee. For greater certainty, the Licensee acknowledges that OPG shall not be responsible for any damage to the Licensee's improvements, facilities, landscape or business caused by OPG in the exercise of the above rights. (b) Notwithstanding anything to the contrary in this Licence, the Licensee acknowledges and agrees that the primary use of the Licensed Lands is for OPG's operations, and the Licensee's use is secondary to OPG's in all material respects, and the Licensee further aclotowledges that its operations may from time to time be affected, adversely or not, by OPG's operations. Ip. INCREASE IN OPG'S COSTS If at any time or times this Licence or any of the operations carried out pursuant to this Liocnee or any improvements made to the Licensed Lauds by or for the benefit of the Licensee should, in the reasonable opinion of OPG, directly or indirectly increase the cost or expense of any existing or future OPG Works, or the maintenance, construction or opeiataon thereof, the Licensee shall pay to OPG upon 3D days' prior written notice from OPG, such increase in cost or expense, including without limitation, the cost to OPG Page- 5 -of 11 Page 382 of 401 of acquiring any additional lands or rights which would not have been required but for the existence ofthis Licence or of the Licensee's improvements, use or possession of the Licensed Lands; provided that the Licensee shall have the option of terminating this Licence within such 30 day notice period, in which case all other provisions of this Licence (including restoration obligations under Section 16) shall be applicable. 11. PERMITTED ENCUMBRANCES (a) This Licence and the Licensee's interest herein shall be subject to all existing leases, Licences, easements, rights ofuse or occupation and other property rights which may exist at the date hereof, whether or not registered, and OPG may from time to time renew or extend such arrangements or enter into, new ones, whether or not with the same parties, and to which new arrangements this Licence shalt also be subject, so long as the rights granted thereunder do not interfere unreasonably with the Licensee's use of the Licensed Lands. (b) Notwithstanding anything to the contrary in this Licence, the Licensee hereby acknowledges that OPG, in its sole discretion, shall be entitled at any time and from time to time to permit a portion or portions of the Licensed Lands to be used by it, the OPG Representatives or other permittees (the "Permittees") for further or other purposes, uses, businesses or undertakings (the "Other Uses") ofits choice that do not, in the, reasonable opinion of OPG, interfere unreasonably with the operations of the Licensee on the Licensed bands, and to renew, extend, or grant such rights and make and complete such arrangements in this regard with such Permittees as OPG considers necessary or desirable, alt at no further expense or condition and without being in default under this Licence or otherwise liable to the Licensee. (c) The Licensee hereby agrees to cooperate and discuss in good faith and in a timely fashion with OPG and such Permittees all proposals, impacts or reasonable requests of OPG or other Permittees with respect to the Other Uses. (d) If OPG notifies the Licensee at any time that OPG wishes to renew, extend, or grant rights and make arrangements to authorize such Other Uses, the Licensee hereby covenants to accept and consent to each of the same. (e) If OY'G notifies the Licensee at any time that OPG considers it necessary, practicable or desirable: (i) to surrender any part or parts of the Licensed Lands, to give effect to such Other Uses and to better implement OPG's proposed arrangements with any Permittees; and/or (ii) to surrender and replace any privileges and permission of the Licensee in respect of this Licence in return for the entering into of a shared use or other reciprocal arrangement among OPG, the Licensee and such Permittees, the Licensee shall immediately do so to the reasonable satisfaction of OPG, all without the need of any further expense, compensation or condition ofany kind save and except, the following: (A) all documentation shall be prepared by and at the expense of OPG; (B) any replacement agreement is no more onerous to the Licensee than the remaining material terms and conditions contained in this Licence. 12. LIMITATION OF LIABILITY; REMEDIES (a) in consideration of the rights and privileges granted herein, the Licensee shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or otherwise to all persons or property, howsoever arising, as a result of or connected in any way with the use and occupation ofthe Licensed Lands or that otherwise would not have occurred but for the granting of Chis Licence or the use and occupation of the Licensed Lands by the Licensee or any Authorized Representatives, save and except for any loss, damage or injury (including death) arising out of OPG's gross negligence or willful misconduct (or any person for •whom it is in law responsible). The Licensee does hereby release and forever discharge OPG, its subsidiary and affiliated corporations, predecessors, agents, successors, assigns and all persons acting on its or their behalf (together, the "OPG Indemultees"), from all claims, actions, suits, demands or any proceedings which are attributable to or connected with, or arising from, or that which would not have occurred but for the granting of this Licence or the use and occupation of the Licensed Lands by the Licensee or its employees, agents, contractors, sub -contractors, consultants, workers and permittees, including any charges, expenses or costs associated therewith, and whether arising in law, equity, or otherwise and in further considerations of same. The Licensee hereby agrees to indemnify and save harmless the OPG Indemnitees from and against all such claims, actions, suits, demands or proceedings which are attributable to or connected with, or arising from, or that which would not have occurred but for the granting of this Licence or the use and occupation of the Page- 6 -oft 1 Page 383 of 401 Licensed Lands by the Licensee or its employees, agents, contractors, sub -contractors„ consultants, workers and permittees, including any expenses or costs associated therewith, and whether arising in law, equity or otherwise, save and except for any loss, damage or injury (including death) arising out of OPCr's gross negligence or willful misconduct. These indemnities are in addition to any other indemnities contained in this Licence and shall survive the expiration or earlier termination of this Licence. (b) OPG shall have all remedies, including without limitation, damages and injunction, available to OPG at law or in equity arising upon any default by the Licensee under this Licence. 13. EVENTS OF DEFAULT AND TERMINATION An event of default ("Event of Default") shalt be deemed to have. occurred hereunder if any one or more of the following events ocours; (a) if default is made in the due payment of the Licence Fee set out in Section 3 or any other monies payable hereunder, and such default is not remedied within 5 days after written notice specifying the default has been delivered by OPG to the Licensee; (b) if default is made by the Licenses in the performance ofor compliance with any other covenants, agreements, terms or conditions contained in this Licence, other than those refereed to in subsection 13(a) above, and such default has not been remedied within 15 days after writtennotice specifying the default has been delivered by OPG to the Licensee, or in the case of failure to obtain or maintain insurance, within three Business Days after written notice specifying the default has been delivered by OPG to the Licensee, or in the case of a default which affects, or is likely to affect, the operations, maintenance or construction of the OPG Works, within 24 hours after written notice specifying the default has been delivered by OPG to the Licensee. However, with respect to any such default (other than a failure to obtain or maintain insurance, or a default which affects, or is likely to affect, the operation, maintenance or construction ofthe OPG Works for which there shall be, no extension) which is of a nature that it cannot, with reasonable diligence, be cured within a period of 15 days, an Event of Default shall not be deemed to exist if the Licensee has commenced to diligently cure such default within 10 days after written notice thereof from OPG and so long as the Licensee thereafterproceeds with all due diligence and takes all appropriate action to complete the curing of such default; (c) if the Licensee files a voluntary assignment in bankruptcy or is adjudicated bankrupt or insolvent, or files any petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief from creditors under any Applicable Laws, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator ofthe Licensee or of all or of any substantial part of its property, or makes any general assignment for the benefit of creditors, as the case may be; (d) if a petition is filed against the Licensee or any party comprising the Licensee scelang an adjudication of bankruptcy of the Licensee or the reorganization, arrangement, Composition, readjustment, liquidation, dissolution or similar relief from creditors under any Applicable Laws and remains undismissed or unstayed for an aggregate of 90 days (whether or not consecutive), or if a trustee, receiver or liquidator of the Licensee or of all or of any substantial part of its property, is appointed and such appointment remains unvacated or unstayed for an aggregate of 90 days (whether or not consecutive). If any Event of Default occurs, then and in every case and so often as same shall happen, OPG shall have the right, at its option, and in addition to any other rights or remedies which OPG is entitled to hereunder or at law or in equity: (e) to remedy any default of the Licensee, provided that the Licensee shall pay to OPG promptly upon demand all reasonable costs incurred by OPG in remedying or attempting to remedy any such default; or (f) to re-enter onto the Licensed Lands or to terminate this Licence with or without re-entry, by giving the Licensee not less than 10 days' notice of cancellation and termination, and upon the expiration of the time fixed in such notice, all rights of the Licensee with respect tb the Lands or any part thereof and this Licence shall be absolutely forfeited and shall lapse in the same rimmor and with the same force and effect as if the expiration of the time fixed in such notice of cancellation. and termination were the end of the term including all permitted extensions_ Page 7 -of 11 Page 384 of 401 14, FORCE MASEi.1RE If either Party shall be prevented or delayed from punctually performing any obligation or satisfying any condition under this Licence by any strike, tabour dispute, Act of God; fire or other casualty or by any other event beyond the control of such party, other than financial inability, then the time to perform such obligation or satisfy such condition shall be postponed by the period of time consumed by the delay, provided that nothing herein contained shall be construed so as to postpone or delay the payment of the Licence fee or other sums owing hereunder. 15, NOTICE (a) Except as otherwise provided in this Licence, every notice required or permitted vender this Licence must be in writing and may be delivered in person, by courier or by Fascimile to the applicable Party as follows: To OPG at: 'Ontario Power Generation Inc. Real Estate Services 700 University Avenue, Toronto„ ONM5G 1X6 Facsimile No: 416-592-8115 Attention: Senior Real Estate Manager To the Licensee at: The City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Facsimile No: 905-354-7706 Attention: Manager, Parks & Cemetery Services or to any other address, or individual that a Party designates by notice. Any notice under this Licence, (i) if delivered personally or by courier will be deemed to have been given when actually received, or (ii) if delivered by fax before 3:00 p.am on a Business Day, will be deemed to have been delivered on that same Business Day. (b) Unless otherwise specified, notice of any accident, incident„ spill, damage, injury, or emergency shall be given at the same time as notice is required by law to be given under any legal authority or forthwith if there is no specific notice requirement set by law. All such notice shall be properly given if done in person, by email and/or by phone. 16. REMOVAL OF INSTALLATIONS AND RESTORATION Upon termination of this Licence for any reason, OPG may require the Licensee at its own expemse to remove any of its installations, improvements and facilities from the Licensed Lands, erect a fence separating the Lands from adjacent lands or from the .additional lands of OPG in use by or Licensed by OPG to others and restore the Lands to a condition satisfactory to OPG. 17, SUSPENSION OPG will have the right, without invalidating or terminating this Licence, to suspend the Licence for such reasonable period of time as OPG may require for safety, security or emergency operational purposes, by giving; the Licensee 24 hours' written notice, where practicable. OPG will not be liable to the Licensee for any costs, damages or loss occasioned thereby. 18. NO ASSIGNMENT The Licensee shall not be entitled to assign, transfer or subiicence its rights and obligations under this Licence or the benefit of this Licence without the prior written consent of OPG, which consent may be withheld in its sole and unfettered discretion. 19. TITLE The Licensee hereby agrees, to keep title to the Lands, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Licensee shall not enter into any agreements for the Licensed Lands, which would run with the Licensed. Lands and become an obligation of OPG upon termination or expiry of this Licence without OPG's prior written consent, which consent may be withheld in OPG"s sole discretion. Paga B -of 11 Page 385 of 401 20. NO RELEASE OF LIABILITY No termination of this Licence or permitted assignment of this Licence shall relieve the Licensee of its liability and obligations hereunder and, such liability and obligations shall survive any such termination or assignment. 21, SUCCESSORS AND ASSIGNS This Licence shall enure to the benefit of andbinds the Parties and their respective successors and permitted assigns. 22. GENEPAC. (a) In this Licence, words importing the singular number only will include the plural acrd vice versa; words importing the masculine gender will include the feminine and neuter genders and vice versa; the terms "this Licence", °hereof", "hereunder" and similar expressions refer to this Licence and not to any particular section or other portion hereof and include any agreement supplemental hereto; "including" or "includes" will be without limitation; "Section", "subsection" or "Article" followed by a number or a letter refers to the cgrrespondingly numbered or lettered section or article hereof; "person" will be interpreted broadly and includes anindividual, partnership, association, trust, body corporate or other entity. . (b) This Licence constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal, (e) Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent, landlord and tenant, or of partnership or ofjoint venture between the Parties, it being understood and agreed that none of the provisions contained herein, nor any of the acts ofthe Parties shall create any relationship between the Parties other than that of licensor and licensee as described in the Licence. (d) The Parties intend that this Licence will not benefit or create any right or cause of action in favour of any person or entity, other than the Parties. (c) Except as otherwise expressly provided in this Licence, each Party will be responsible for its own costs, and expenses incurred in connection with the negotiation, execution and performance of this Licence. (f) This Licence may only be amended, supplemented or otherwise modified by written agreement executed by the Parties. (g) The Licensee shall not have the right to register this Licence or notice hereof against title to the Lands or any part thereof. (h) No waiver of any of the provisions of this Licence will constitute a waiver of any other provision (whether, or not similar). No waiver will be binding unless executed in writing by the Party to be bound by the waiver. A Patty's failure or delay in exercising any right under this Licence will not operate as a waiver of that right. A single or partial exercise of any right will not preclude a Party from any other or further exercise oftbat right or the exercise of any other right it may have. (i) Many provision of this Licence is determined to be illegal, invalid or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, that provision will be severed from this Licence and theremaining provisions will remain in full force and effect. The Parties shall engage in good faith negotiations to replace such provision with a valid, enforceable, and applicable provision, the effect of which substantially reflects that of the illegal, invalid or unenforceable provision it replaces. (j) This Licence, and all activities undertaken in connection with this Licence by any Party (or anyone for whom it is at law responsible) shall fully comply with and will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. (k) This Licence may be signed and delivered in any number of counterparts (including counterparts by electronic mail), each of which when signed and delivered is an original but all of which taken together constitute one and the same instrument. Nage- 9 -of 11 Page 386 of 401 IN WITNESS WIICREOF, the Parties have executed this Licence as of the date first above written. ONTARIO POWER GENERATION INC. By: Name: 'Vicky Bennett Title: Real Estate Associate I have the authority to bind the Corporation The CORPORATION OF TILE CITY OF NIAGARA FAILS Ity: Name: Title: By: Name: Title: [UW.] have the authority WNW the Covpomtion Page -1 b -of 11 Page 387 of 401 Page 388 of 401 SKETCH OF LICE, NSED LANDS � r w -( s n N .y ., 02 Fn PagelloNt Page 388 of 401 SUIILICENCE AGREEMENT THIS SUBLIC'.E,NCE made as of the ..__._ day of BETWFE, N; RECITALS, 20 , ONTARIO POWER GENERATION INC., a corporation incorporated under the laws of the Province of Ontario ("OPG") - and - TIIE CORPORATION OF THE CITY OF NIAGARA FALLS, a corporation incorporated under the laws of the Province of Ontario (the "Licensee") - and - NIAGARA PALLS RO'B'ING CLUB, a non-profit, community based organization (the "Sublicensee") A. OPG and the Licensee entered into a non-exclusive Licence dated July 1, 2017 (the "Licence"), whereby OPG granted permission to the Licensee to use its Lands, as further described in Clause 1 (g) of the Licence and cornrnonly known as George Bukator Parr, for the purposes of recreational trail purposes and operating on the Lands a boat ramp(s) and motor vehicle parking lot(s). B. The Licence, a complete and accurate copy of which is attached hereto as Schedule "A.", is in full force and effect and unmodified to the date hereof. C. The Licensee has asked OPG to consent to a sublicence of the Licence to the Sublicensee for a term concurrent with the remaining term of the Licence which, for greater certainty, terminates on June 30, 2037, subject to certain extension rights contained therein, and for the purposes of constructing a boathouse, floating dock, and storage facility on the Lands and for operation the Niagara Falls Rowing club on the Lands. (the "Sublicence") D. OPG has agreed to consent to sublicence the Licence to the Sublicensee, subject to the terms and conditions contained herein, NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows: 1. Capitalized Terms The parties hereto acknowledge, confirm and agree that the forgoing recitals are true, and that unless otherwise defined herein, capitalized terms shall have the meanings ascribed to therm in the Licence. I Sublicense and Subterm (a) The Licensee hereby grants to the Sublicensee a non-exclusive 8ublicence for a part of the Lands illustrated in Schedule A of the Licence, the Licensed Lands (as illustrated in Schedule "B" hereto, Page- 1 - of 10 Page 389 of 401 the "Sublicensed Lands"), and OPG hereby consents to the granting of the said Sublicence for the purposes of constructing a boathouse, floating dock, and storage facility on the Lands and for operation the Niagara Falls Mowing club on the Lands. No other use may be made of any part of the Sublicensed Lands, which has not received prior written approval of the Licensee and OPG. (b) The Sublicence shall commence on 7uly 1, 2017 (the "Commencement Date") and expire on the Itxpiry of the Term of the Licence, being lune 30, 2037 (the "Subterrn"), unless the Licence and Sublicence are each extended by agreement in writing by each of the parties thereto. 3. Sublicence Fee (a) In consideration of the use of the Sublicensed Lands, the Sublicensee hereby agrees to make a one- time payment to the Licensee in the amount of $2.00 CAD, (the receipt and sufficiency of which are hereby acknowledged) (the "Sublicence Fee"), 4. OPG's Consent to Sublicence OPG hereby consents to the Sublicence from the Licensee to Clio Sublicensee as of and from the Commencement bate upon satisfaction of, and subject to, the following terms and conditions; (a) This consent does not in any way"derogate from the rights of OPG under the Licence, nor operate to release the Licensee from its obligations under the Licence as a result of the non -observance or non-performance of any of the terms, covenants and conditions in the Li ence on the part of the Licensee therein to be observed and performed (and OPG's rights and remedies arising as a result of any such non -observance or non-performance), and notwithstanding this Sublicence (or any dis- affirmance or disclaimer of the Sublicence), the Licensee shall remain liable during the balance of the Term of the Licence for the observance and performance of all of the terms, covenants and conditions contained in the Licence. (b) The Licensee releases and waives any and all rights and remedies to which it may be entitled at law, in equity or as Licensee under the Licence including, without limitation, the right to apply for relief from forfeiture or to obtain any reassignment of the Licence. Without limiting the generality of the foregoing, and notwithstanding any variations in the Licence, the Licensee hereby waives any right it may have to obtain the benefit of surety or other equitable principles which might affect its liability as hereinbefore referred to. (c) This consent does not constitute a waiver of the necessity for consent to any further transfer of the Licence by the Licensee, which must be completed in accordance with the terms of the Licence. If the Licensee proposes to effect a further transfer, assignment or sublicence of the Licence, the terms of the Licence with respect to restrictions on transfer/assignment shall apply to any such further transfer. (d) This consent is given upon the express understanding and condition that the Licensee and the Sublicensee shall hereafter be jointly and severally responsible for and shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or otherwise to all persons or property, howsoever arising, as a result of or connected in any way with the Sublicensee's use and occupation of the Sublicensed Lands or that would not have occurred but for OPG consenting to this Sublicence, and in consideration, of the rights and privileges granted herein, including the Sublicensee's use of waterways within a 10 Kilometre radius from the Lands. The Licensee and the Sublicensee hereby release and forever discharge OPG, its subsidiary and affiliated corporations, successors and assigns and all persons acting on its Page �2-of 10 Page 390 of 401 or their behalf, from all claims, actions, dernands or other proceedings in respect thereof, and in further consideration of ,same, the Licensee and the Sublicensee hereby agree to indemnify OPO; its subsidiaries, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands, or other proceedings and all expenses and costs occasioned thereby. The foregoing indemnity shall survive the expiry or earlier termination of the Licence or this Sublicence. (e) OPG shall have all remedies, including without limitation, damages and injunction, available to OPG at law or in equity arising upon any default of the Licensee or Sublicensee under the Licence or this Sublicence. (0 By giving its consent to this Sublicence, OPG does not in any way acknowledge or approve of, nor should it be deemed to acknowledge or approve of, any of the terms of this Sublicence as between. the Licensee and Sublicensee except for the ,grant of Sublicence under Section 2 herein. (g) The Sublicence shall not become effective until the consent of the OPG has been evidenced by the execution and delivery of this Sublicence by OPG to both the Licensee and the Sublicensce. 5. Sublicensee's Aclurowledgements and Covenants The Sublicensee acknowledges having received a ready a copy of the Licence and hereby covenants and agrees as follows: (a) that it is accepting possession of the Subticensed Lands on an "as is, where is" basis as of the Commencement Late; (b) to use and maintain the Sublicensed Lands and perform the uses specified herein (i) strictly in accordance with Applicable Law and Environmental Laws; (ii) in a reasonable and careful manner as a prudent owner would do; and (iii) in accordance with all rules, regulations and requirements, as may be proscribed from time to time by OPG or any authority with relevant jurisdiction; (c) including any safety protocol required, signed or posted from time to time by OPCS, and the Sublicensee shall have safety procedures in place in connection with its use of the waterway. (d) To take out and maintain, from and after the Commencement Date and throughout the Subterm, insurance with respect to the Sublicensed Lands providing for the coverages and upon the terms required in the Licence to be maintained by the Licensee. The Licensee and OPG will be shown as named insureds on all liability policies, and each property insurance policy will contain a waiver of subrogation with respect to the OPG and the Licensee; (e) to indemnify the Licensee, itssubsidiary and affiliates corporations, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands, or other proceedings .and all expenses and costs occasioned thereby. The foregoing indemnity shall survive. the expiry or earlier termination of the Licence or this Sublicence; (f) except as otherwise set out herein, to observe and perform during the Subterm (and any extension thereof) all of the terms, covenants and conditions in the Licence to be observed and performed on the part of the licensee thereunder with respect to the Sublicensed Lands, other than those terms, covenants and conditions that are clearly inapplicable to the Sublicensee; Page -3-of 10 Page 391 of 401 (g) not to do or omit to do any act or thing upon the Sublicensed bands, during the Subterm (and any extension thereoo, which would cause a breach of any of the Licensee's obligations under the Licence; (h) that OPG has no responsibility or liability under the Licence or this Sublicence for snaking any renovations, alterations or improvements in or to the Sublicensed Lands, and all further renovations, alterations or improvements in or to the Sublicensed Lands shall be the sole responsibility of the Sublicensee and shall be undertaken and completed at the Sublicensee's sole cost and expense and strictly in accordance with the provisions of the Licence; and (i) the parties hereto specifically acimowledge and agree that the general public shall have the unrestricted right to enter upon and access any improvements made to Bukator park, and the public Boat Launch, and the Lands; at all times, excluding those improvements belonging to the Niagara Falls Rowing Club. (j) 0P`G acknowledges that under the Sublicence, the Sublicensce will be permitted to locate a boat house and floating dock on the Lands. The Sublicensee specifically acknowledges and agrees that at the expirey of the term hereof, the Licensee shalll become the sole owner of any improvements to George Bukator Park and the Lands, as described in Schedule "A" of the Licence, excluding those improvements belonging to the Niagara Palls Rowing Club, 6. No Assignment The Sublicensee shall not sublicence all or any part of the Sublicensed Lands, or assign this Sublicence, or permit any other person or entity to use, share or occupy the Subticensed Lands, without the express written consent of the Licensor and OPG, which consents may be withheld in the Licensor's and OT'C's sole and. unfettered discretion. 7. Joint and Several Liability All obligations and liabilities of the Licensee and the Sublicensee under this Sublicence shall be joint and several, 8. Default and Termination (a) If the Sublicensee is in default of any of its obligations under this Sublicence or any applicable provisions of the Licence, the Licensee will have all of the rights and remedies against the Sublicensee which OPG has under the Licence for a breach thereof, whether expressly set out in the Licence or arising in law or equity. (b) Notwithstanding any of the provisions of this Sublicence: (i) the Licensee and the Sublicensee each reserve the right to terminate this Sublicence for any reason whatsoever upon not less than 30 days' prior written notice to the other. The effective date for such termination shah be as specified in the applicable termination notice or as otherwise mutually agreed to in writing by the parties; and (ii) this Sublicence will automatically terminate on the same day as the expiry of the Term of the Licence or earlier termination thereof. Page - 4 - of 10 Page 392 of 401 9. Application of the Licence (a) Except as otherwise expressly set out herein, this Sublicence and all rights of the Sublicensee hereunder are and shall at all times be expressly subject to all of the terms, covenants and conditions of the .Licence, other than those terms, covenants and conditions which are clearly inapplicable to the Sublicensee. (b) The Sublicensee acknowledges and agrees that it has no greater interest in the Sublicensed Lands than Licensee under the Licence. To the extent that any right or benefit conferred by this Sublicence contravenes or is incompatible with the licence, such right or benefit will be amended or modified so as not, to contravene or be incompatible with the Licence. 10. Notices (a) Except as otherwise provided in this Sublicence, every notice required or permitted under this Sublicence must be in writing and may be delivered in person, by courier or by Fascimile to the applicable Party as follows: To OPG at: Ontario Power Generation Inc. Real Estate Services 700 University Avenue, Toronto, ON M5G lX6 Facsirnile.No: 41&592-8115 Attention: Senior Real Estate Manager To the Licensee at: The City of Niagara Palls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Facsimile No: 905354-7706 Attention: Manager, Parks & Cemetery Services To the Sublicensee at; Niagara Falls Rowing Club c/o The City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Facsimile No: 905-354-7706 Attention: Manager, Parks & Cemetery Services or to any other address, or individual that a party designates by notice. Any notice under this Sublicence, (i) if delivered personally or by courier will be deemed to have been given when actually received, or (ii) if delivered by fax before 3:00 p.m. on a Business Day, will be deemed to have been delivered on that same Business Day. (b) Unless otherwise specified, notice of any accident, incident, spill, damage, injury, or emergency shall be given at the same time as notice is required by law to be given under any legal authority or forthwith if there is no specific notice requirement set by law. All such notice shall be properly given if done in person, by electronic mail and/or by phone. - Page - 5 - of 10 Page 393 of 401 11. General (a) Everything contained in this Sublicence shall extend to and be binding upon the respective successors and assign of each party hereto. (b) lir this Sublicence, words importing the singular number only will include the plural and vice versa; words importing the masculine gender will include the feminine and neuter genders and vice versa; the terms "this Sublicence", "hereof', "hereunder" and similar expressions refer to this Sublicence and not to any particular section or other portion hereof and include any agreement supplemental hereto; "including" or "includes" will be without limitation; '"Section" or "subsection followed by a number or a letter refers to the correspondingly numbered or lettered section or article hereof; "person" will be interpreted broadly and includes an individual, partnership, association, trust, body corporate or other entity. (c) This Sublicence constitutes the entire agreement between the parties hereto with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal„ (d) Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, landlord and tenant, or of partnership or of joint venture between the Parties, it being understood and agreed that none of the provisions contained herein, nor any of the acts of the parties hereto shall create any relationship between the parties hereto other than that of sublicensor and sublicensee as described in this Sublicence, (e) The Parties intend that this Sublicence will not benefit or create any right or cause of action in favour of any person or entity, other than the parties hereto, (f) Except as otherwise expressly provided in this Sublicence, each party hereto will be responsible for its own costs and expenses incurred in connection with the negotiation, execution and perfonnance of this Sublicence. (g) This Sublicence may only be amended, supplemented or otherwise modified by written agreement executed by the parties hereto. (h) Neither the Sublicensee nor the Licensee shall have the right to register this Sublicence or notice hereof against title to the Lands or any part thereof. (i) No waiver of any of the provisions of this Sublicence will constitute a waiver of any other provision (whether or not similar).. No waiver will be binding unless executed in writing by the party to be bound by the waiver. A party's failure or delay in exercising any right under this Sublicence will not operate as a waiver of that right, A single or partial exercise of any right will not preclude a party from any other or further exercise of that right or the exercise of any other right it may have. (j} If any provision of this Sublicence is determined to be illegal, invalid or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, 'that provision will be severed from this Sublicence and the remaining provisions will remain in full force and effect. The parties hereto shall engage in good faith negotiations to replace such provision with a valid, enforceable, and applicable provision, the effect of which substantially reflects that of the illegal, invalid or unenforceable provision it replaces. (k) This Sublicence, and all activities undertaken in connection with this Sublicence by any party hereto (or anyone for whom it is at law responsible) shall fully comply with and will be governed Page - b - of 14 Page 394 of 401 by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal lacus or Canada applicable therein. (l} This Sublicence maybe signed and delivered in any number of counterparts (including counterparts by electronic snail), each of which when signed and delivered'is an original but all of which taken together constitute one and the same instrument. Page - 7 of 10 Page 395 of 401 IN WITNESS H)MEOF, the parties hereto have executed this Sublicence as of the date first above written. ONTARIO POWER GEN RATION INC. M Name: Vicky Bennett Title: Real Estate Associate I haws the authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS 0 Name: Title: By: Name: Title: [Me] have The authority to bind Clio Corporation NIAGARA FALLS ROWING CLUB By: Name: Title: 0 Name: Title: [Uwel have the authority to bind the Corporation Page 8of10 Page 396 of 401 Page 397 of 401 SCHEDULE' 93" SKETCH OF SUBLICENSED LANDS page 10 of 10 Page 398 of 401 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Parking Prohibited) WHEREAS as a housekeeping matter, updates are required for various schedules in Parking and Traffic By-law 89-2000 to correspond with existing field signage. 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 E thereto the following items: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN LIMITED PARKING COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Centre St. Northeast MacDonald Ave. and 8:00 a. m. to 6:00 p.m. 2 hours Lorne St. Mon. to Sat. Clark St. East A point 25 m south of 2 hours Ferry St. and a point 39m south of Ferry St. Page 399 of 401 (b) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Centre St. Northeast MacDonald Avenue and At All Times Lorne St. This By-law shall come into force immediately. Passed this thirteenth day of February, 2018. ............................................................................................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 13, 2018 Second Reading: February 13, 2018 Third Reading: February 13, 2018 Page 400 of 401 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of February, 2018. 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: The actions of the Council at its meeting held on the 13th day of February, 2018 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 thirteenth of February, 2018. ............................................................................................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 13, 2018 Second Reading: February 13, 2018 Third Reading: February 13, 2018 Page 401 of 401