Additions 2009/09/14ADDITIONS TO COUNCIL MONDAY, SEPTEMBER 14. 2009
CORPORATE SERVICES
L-2009-43 -Green Oakes Mobile Home Park
a) Correspondence from Thomas Richardson, Sullivan Mahoney, request to speak.
2. L-2009-36 -McLeod Road Cost Sharing Agreement.
a) Email from Rocky Vacca, Sullivan Mahoney
COMMUNITY SERVICES
Revised Minutes for Community Services, August 10tH
Note: Pg. 1, Date of adopted minutes should read June 29, 2009.
2. Email from No Coia re: PD-2009-70 -Forest Glen Drive Parking Restrictions
COUNCIL
COMMUNICATIONS
The Royal Canadian Legion -Corrected Dates -Request that September 20th - 26th, 2009
be proclaimed as "Legion Week".
BY-LAW
1. By-law 2009-146 -Infrastructure Stimulus Fund Contribution Agreement attached
2. 2009-147 - A by-law to authorize the execution of an Agreement with Her Majesty the
Queen in right of Canada, respecting the Accreditation Program for the City's Drinking
Water Systems. (Revised agreement)
3. Revised By-law 2009-148 - A by-law to authorize the execution of an Agreement with
Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod
Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group
of Companies Inc., Pinewood Homes (Tara) Ltd., the Regional Municipality of Niagara
and the City of Niagara Falls, respecting the funding of road improvements atthe McLeod
Road and Queen Elizabeth Way interchange.
Information
Open letter from Emergency Room physicians.
25s ...-i.i::: Y
CSG'_
SULLIVAN MAHON~Y~tP
a ,.. ~, ~~- I .~_ r
L/AVVYf I3 S~
September 10, 2009
Vda Bmall to diorfida@niagarafadds.ea
Mr. Dean Iorfida, Clerk
City of Niagara Palls
City Hall
4310 Queen Street
P.O. Box 1023
Niagara Palls, Ontario
L2E 6X5
Dear Mr. Iorfida:
Its: Marineland of Canada Inc, and Green Oaks Mobile Home Park
Our File No. 71355
As you-know, we are the lawyers #'or Nlarineland of Canada Inc. with respect to the
ongoing matter relating to the possible utilization of Section 99.1 0£ the Munictpad Act,
2001 (Ontario).
It is our understanding that a further report from the City Solicitor will be presented to the
Council Sitting in Committee of the Whole on Monday, September 14, 2009. The
purpose of this letter is to request an opportunity for the undersigned to address the
Cauncll Sitting in Cortunittee at that meeting, and to respond to questions which the
Council in Committee may have. I will be attending on behalf of our client, Marineland
of Canada Inc.
Thank you for your co-operation in this matter.
Yours very tnily,
SIJLLIVAN MAHONEY LLP
Per:
Thomas A. Richardson
TAR:jm
cc -- Mr. Kenneth L. Beaman
City Solicitor
Via Email to kbeaman@niagarafalls.ca
a0 Oueen Street P,0.8oz 7380, St. Catharines, Omario L2R 822 TelePMne:805.838.Be55. Faceirm7e: 505.886.56fa
a76f Porla6o Road Niagara Falls, Onlerio L2E 867 Telephone: 606,367.0600, Facalm6e: 006.307.0501
www.sul§vanmehoneµcom
V. F. Muratori, O.C. P, B. Betlertl L A, flichardson P. M. Sheehan W.B. McKaig J. Da6al y D. A. Doslln
J. M. Got01 fl. B, CulBron J. R. Bush P, A. Mehpney B. A. Mecdondd M. J. Borromi G, W. McCann
S. J. Premi C. D'Angeb R. vacce T. Wali K. A, Book 8. J. Troup M. F. Adams
L. K. Parsons C. J. Binle J. P. Mabney S. E. Wells M. D. Atherton
Counsel fCommarclel Law); M,0. KrNuck
From: Dean lorfida
To: rvacca@sullivan-mahoney.com, Ken Beaman, Serge Felicetti
CC: bob@robertodell.com, Teresa Fabbro
Date: 9/11/2009 1:06 PM
Subject: Re: By-law - re: Agreement between City & Region and Oakwood Place Shopping Centre
Limited et al.
Rocky:
The related report will be dealt with in Corporate Services at 5:00 p.m. Please attend.
Teresa:
Please a-mail Rocky with a copy of the McLeod report on the Corporate Services agenda
Thanks
Dean
-----Original Message-----
From: "Rocky Vacca" <rvacca@sullivan-mahoney.com>
To: Dean lorfida <diorfida@niagarafalls.ca>
To: Ken Beaman <kbeaman@niagarafalls.ca>
To: Serge Felicetti <sfelicetti@niagarafalls.ca>
Cc: <bob@robertodell.com>
Sent: 9/11/200912:19:11 PM
Subject: By-law - re: Agreement between City & Region and Oakwood Place Shopping Centre Limited et
al.
Gentlemen,
f have been contacted by Bob O'Dell of Warren Woods Land Corporation
It appears that a by-law referenced above on the agenda to be approved
on Monday the 14th relates to an agreement which negatively impacts our
client's lands. Our client has never received any prior notice of same.
I would ask that you kindly provide a copy of the agreement as soon as
possible so that I may determine whether our client's lands are caught
by the agreement and, if so, we will be requesting the opportunity to
address this matter before council on Monday evening before the by-law
is considered.
Regards,
Rocco (Rocky) Vacca
Partner
Sullivan Mahoney LLP
Lawyers
4781 Portage Road
Niagara Falls, Ontario
L2E 661
(905)357-0500
(905) 357-0501(facsimile)
This communication is intended only for the named recipient(s) and is
Niagara~alls
uznnr~n
MINUTES OF COMMUNITY SERVICES COMMITTEE
Tenth Meeting
Monday, August 10, 2009, Committee Room 2, 6:00 P.M.
PRESENT: Councillor Carolynn loannoni, Chair; Mayor Ted Salci, Councillors: Jim
Diodati, Shirley Fisher, Vince Kerrio, Bart Moves, Wayne Thomson
Janice Wing and Victor Pietrangelo.
STAFF: Ken Todd, Ed Dujlovic, Ken Burden, Todd Harrison, Geoff Holman, Alex
Herlovitch, Dean lorfida, Ken Beaman, Jim Jessop, Denyse Morrissey,
Karl Dren, and Marianne Tikky -Steno.
GUEST: The following residents of 8111 Forest Glen Drive, .Doug & Marlyin
Bradshaw, John Shurie, Peter Rahmier, John & Catherine Duffy,
Kathleen Pural; Jim Priest, Krishna Murphy, Arnold & Vivian Lougheed,
Nellie Martin, Rita Marsillo, Gladys Johnston, Hazdey Smith, Mary
Petura. Guy Mauro-8383 Heikoop Cres., Roberto & Krystle Polillo-8312
Heikoop Cres., Harold Desroches -8773 Heikoop Cres.
PRESS: Corey Larocque, Niagara Falis Review, Paul Forsyth, Niagara This Week
1. MINUTES
MOVED by Councillor Moves, seconded by Councillor Kerrio that the minutes of the
June 29, 2009 meeting be adopted as amended;
Councillor Wing made the following amendments;
F-2009-37 -Water Account Collections -Residential Tenanted Accounts
that staff work with Niagara Peninsula Energy and prepare a report on the
various alternatives for collecting delinquent tenant water accounts.
MW-2009-50 -Review of City Buildings,
In addition to the motion made by Councillor Thomson and Mayor Sacli;
Councillor Wing added that constraints on Heritage designated buildings and
non-profit groups receiving grants.
PD-2009-39 -Proposed Northwest Urban Boundary Expansion
Opposed -Councillor Wing
Motion: Carried Unanimously
Action: Recommendation submitted to Council August 10, 2009.
From: No Coia <ivo.coia@gmail.com>
To; Dean lorfida <diorfida@niagarafalls.ca>
Date: 9/12/200912:02 AM
Subject: Re: Forest Glen Drive Parking Restrictions
Hello Dean,
Thank you for your a-mail below, the related attachment, as well as the
invite to the 6:15 p.m. meeting on Monday.
I will try to make the meeting, but I have meetings in our Burlington office
in Monday and most likely will not get back in time.
I have taken the time to read the report you sent me. In summary, It looks
as though they are moving forward with the original plan and I'm not sure if
I attend the meeting, that it will make any difference at this point.
Although I am not happy to be loosing my parking privileges and still feel
there could be alternate solutions, I am happy that the staff/council have
taken the time to consider my suggestions. This is much appreciated.
I hope that you have a nice day,
Sincerely,
No Coia
On Fri, Sep 11, 2009 at 11:35 AM, Dean lorfida <diorfda@niagarafalls.ca>wrote
> Mr. Coia:
> Not sure if this was delivered to you but, if not, on Monday at 6:15 p.m.,
> Council will be receiving the attached.report.
> You are encouraged to attend.
> Thanks
> Dean
> Dean lo~da, City Clerk
> Niagara Falls
> 905-356-7521, Ext. 4271
> 905-356-9083 (Fax)
CITY OF NIAGARA FALLS
By-law No, 2009 -
A by-law to hereby authorize the Mayor and Chief Administrative Officer to execute the Infrastructure
Stimulus Fund Contribution Agreement between Her Majesty the Queen in right of the Province of Ontario,
as represented by the Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural
Affairs, and the Corporation of the City of Niagara Falls.
WHEREAS in April 2009, the Federal and Provincial Ministers responsible for Infrastructure recently
announced the second intake of the Infrastructure Stimulus Fund (ISF); and
WHEREAS the purpose of the funds are to stimulate the economy; and
WHEREAS at a special meeting on April 27, 2009, Niagara Falls City Council approved the submission of
the the Drummond Road reconstruction project for infrastructure funding; and
WHEREAS in June 2009, the senior levels of government announced that the Drummond Road
reconstruction project was a successful submission for the latest intake of the ISF.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 • An Agreement, in the form attached hereto, made between Her Majesty the Queen in right of the
Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of
Agriculture, Food and Rural Affairs and the Corporation of the City of Niagara Falls, respecting the
Drummond Road Reconstruction project, is hereby approved and authorized.
2. The Mayor and the Chief Administrative Officer are hereby authorized to execute the said Agreement
and all other documents that may be required for the purpose of carrying out the intent ofthis by-law.
3: The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this fourteenth day of September, 2009
DEAN IORFIDA, CITY CLERK
First Reading: September 14, 2009
Second Reading: September 14, 2009
Third Reading: September 14, 2009
R.T. (TED) SALCI, MAYOR
`y
E T W E E N: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented bythe-Minister of Energy and Infrastructure
and the
Minister of Agriculture, Food and Rural Affairs (referred to herein jointly as
"Ontario-" and as "OMAFRA" in the latter case}
AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS
{referred to herein as the "Recipient"}
WHEREAS the Government of Canada has established a $4 billion Infrastructure Stimulus
Fund (ISF) under Canada's Economic Plan to mitigate against the impacts of the global
economic recession by increasing the total amount of construction activity to projects that can
start and be substantially completed in fiscal years 2009-2010 and 2010-2011;
AND WHEREAS the Government of Ontario also recognizes the impacts of the global-
economic recession on the Province of Ontario and is actively mitigating against those impacts
by increasing the total amount of construction activity to projects that can start and be
substantially completed in fiscal years 2009-2010 and 2010-2011;
AND WHEREAS the purpose of the Infrastructure Stimulus Fund Contribution Agreement
("Agreement") is directed at capital projects that involve moveable or non-moveable assets,
constructed, rehabilitated, or improved, in whole or in part;
AND WHEREAS this Agreement defines the terms and conditions of a financial contribution
from the Government of Canada and the Government of Ontario to assist with projects under
ISF which is being administered by the Govemment of Ontario;
NOW THEREFORE inconsideration of the mutual covenants and agreements herein contained
grid other good and valuable consideration (the receipt and sufficiency of which are hereby
acknowledged), the parties covenant and agree as follows:
This Agreement, includ'mg:
Schedule "A" -General Terms and Conditions
Schedule "l3" - Description of the Project(s)
Schedule "C" -Eligible and Ineligible Costs
Schedule "D" -Project Financial Assistance
Schedule "E" -Govemment of Canada Requirements
Schedule "F" -Additional Provisions
Schedule "G" -Communications Requirements
THIS AGREEMENT made in quadruplicate as of the day of , 2009.
1SF Contribution Agreement
Schedule. "H" -Expenditure and J.o6 Creation Report
Schedule "1" -Claims and Progress Sta#ement
Schedule °J" -Final. Report
Schedule "K" -Solemn Declaration of Substantial Completion
Schedule "L" -Aboriginal Consultation Protocol
constitutes the entire Agreement between the parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations and
agreements.
IN WITNESS WHEREOF, the Government of Ontario and the- Recipient have respectively
executed and delivered this Agreement on the date set-out above.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Energy and Infrastructure
by:
Name: The Honourable George Smitherman Date.
Tide: Deputy Premier and Minister of Energy and Infrastructure
and by the Minister of Rgriculture, Food and Rural Affairs
by:
Name: The Honourable Leona Dombrowsky Date
Title: Minister of Agriculture, Food and Rural Affairs
RECIPIENTS NAME: THE CORPORATION OF THE CITY OF NIAGARA FALLS
by:
Name: Ted Salci
Title: Mayor
Affix
Corporate
Seat
Name: John. MacDonald
Title: -Chief Administrative Officer
I/we have authority to bind the Recipient
Date
Date
Page 2 of 44
ISF Contribution Agreement
SCHEDULE"A"
GENERAL TERMS AND CONDITIONS
SECTION 1
DEFINITIONS AND INTERPRETATION
1.1 Definftfons. Wheri used in this Agreement (including the cover and execution pages
and ail of the Schedules), the following terms shall have the meanings ascribed to them
below unless the subject matter or context is inconsistent therewith:
"Aboriginal Group(s)" includes the Indian, Inuit and the Metis peoples of Canada or any other
group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of
the Constitution Act, 1982.
"Adjust the Financial Assistance" means adjust or terminate the Financial Assistance on the
Project or the amount of financial assistance for any other of the Recipient's Project(s) under the
ISF, or any other provincial program(s) or initiative(s) (either current or future), and/or require
repayment for-some or all of-the Financial Assistance for the Project in an amount to be
determined by OMAFRA and within-the period specified by OMAFRA.
"Agreement"-means this Infrastructure Stimulus Fund Contribution Agreement; including the
cover and execution pages and all of the Schedules, and all amendments made hereto in
accordance with the provisions hereof.
"Allowable Financial Assistance" has the meaning given to it in Section 8.1 of Schedule "A" .
"Asset".means any moveable or non-moveable asset, constructed, rehabilitated, or improved; in
whole;or in part, with Financial Assistance contributed by the Government of Canada and the
Government of Ontario under this Agreement.
"Business Day" means any day on which Government of Ontario offices generally are open for
business in the Province of Ontario.
"Claim and Progress Statement' has the meaning given to it in Section 6.3 of Schedule "A".
"Claims Submission" has the meaning given to it in Section 6.3 of Schedule "A".
"Class of Asset" means a
a) Local-Government Asset;
b) Not-For-Profit Private Sector Asset;
c) For-Profit Private Sector Asset; or
d} Provincial Asset.
"COmmuriication Requirements" means the communication requirements set out in Schedule
"G", or as directed by OMAFRA from time to time.
"Consultant" means any consultant, engineer, contractor, project manager, architect or other
service provider, as the case maybe, retained by the Recipient to undertake any part of the
work related4o the Project.
"Contract' means a contracf between a Recipient and a third party at arm's length whereby the
-Page 3 of 44
lSF Contribution Agreement
latter agrees to provide a product or service to the Project in return for financial consideration
that may be claimed as an Eligible Cost.
"Crown Agency" means a Crown agency as defined in the Crown Agency Act, R.S.O. 1990, c:
C.48, as amended.
"Eligible Costs" means the costs so described under Part C.1 of Schedule "C" and Schedule
"G".
"End of Financial Assistance Date° means March 31, 2011.
"Environmental Contaminant" means any hazardous or toxic substance or material including,
without limitation, products of waste, contaminants, pollutants, dangerous substances; noxious
substances, toxic substances, hazardous wastes-and flammable, explosive or improperly
handled friable materials.
"Environmental Laws" means all applicable federal, provincial or municipal laws, regulations,
by-laws, orders, rules, policies orguidelines respecting the protection of the natural
environment, public or occupational health or safety, and the manufacture, importation,
handling, transportation, storage, disposal and treatment of Environmental Contaminants. and
include, without limitation, the Environmental Profection Act, R.S.O. 1990, c. E. 19, as
amended, the Environmental Assessment Act, R.S.0.1990, c. E. 18, as amended, the Ontario
Water Resources Act, R.S.O. 1990, c. 0.40, as amended the-Canadian Environmental
Protection Act 1999, S.C. 1.999, c. 33, as amended, the Canadian Environmental Assessment
Act, S.C. 1992, c. 37, as amended, the Fisheries Acf, R.S:C. 1985, a F-14, as amended and
the Navigable Waters Protection Act, R.S.C. 1985, c. N-22, as amended.
"Event of Default" has the meaning given to it in Section 15..i of Schedule "A".
"Expenditure and Job Creation Report" has the meaning given to it in Section 6.2 of Schedule
"A"and Schedule "H".
"Expiration Date" means March 31, 2012.
"Federal Licensed Marks" has the meaning given to it in Section 5 of Schedule "E".
"Federal Maximum Financial Assistance" has the meaning. set out in Schedule "D".
"Final Report" has the meaning given to it in Section 6.4 of Schedule "A".
"Final Report Date" means April 15, 2011.
"Financial Assistance° means the funds paid to the Recipient pursuant to this-Agreement.
"Fiscal Year" means the period beginning on April 1 of a year and ending on March 31 of the
following year.
"For-Profit Private Sector Asset" means an Asset that is owned, or will be owned; by a for-
profit private sector entity:.
Government of Canada" means Her Majesty the Queen in right of Canada.
Page 4 of 44
ISF Contribution Agreement
"Government of Qntario" means Her Majesty the Queen'iri right of Ontario.
"Infrastructure" means publicly or privately owned capital assets in Ontario for public use or
benefit.
"indemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers,
directors, officers, agents, appointees and employees and Her Majesty the Queen in right of
Canada, Her Ministers, directors, officers, agents; appoihtees and employees.
"ineligible Costs" means the costs so described under Part C.2 of Schedule "C".
"Licensed Marks° has the meaning given to it in Section 13 of Schedule "A°.
"Local Government Asset' meansan asset that is awned; orwill be owned; by a focal or
regional government established under the laws of Ontario.
"Local Services Board" means a Local Services Board-established under the Northern
Services Boards Act, R.S.O. 1990, c. L. 28, as amended.
"Maximum Financial Assistance" has the meaning set out in Section 4.6 and Schedule "D°.
"Not-For-Profit Private Sector Asset' means an Asset that is owned, or will be owned, by a
not-for=profit private sector entity.
-"Untario'Maximum Financial Assistance" has the meaningset out in Schedule "D".
"Project" means the projector projects as described in Schedule "B".
"Project Completion Date" means-March 31, 2011.
"Project Construction Start Date" has the meaning given to it in Schedule "B".
"Project Status Report" has the meaning given to it in Section 6.1 of Schedule "A"
"Provincial Asset" means an Asset that is owned; or will b`e owned, by the Government of
Ontario or by a public sector body that is established by or underOntario statute-or by or under
regulatioh.
"Recfpient° has the meaning given to it on thefiirst page of this Agreement.
"~S/golemn Declaration of Substantial Completion" is referred to in Section 6.5 and Schedule
"(~ .
"Substantially Completed" has the same meaning.as and shall be determined in accordance
with "substantially performed" in subsection 2(1) of the Construction Lfen Act, R.S.O: 9990; c.
C.30, as amended, and "substantial cotnpietion" shall have a corresgonding meaning.
"Term" has the same meaning set out in Section 2:1.
`Total Eligible Costs" has the meaning set out in Schedule "D".
Page 5 of 44
ISF Contribution Agreement
1.2 Herein, etc. The words "herein", "hereof" and "hereunder" and other words of similar --
import refer to this Agreement as a whole and not to any par8cular schedule, article;
section, paragraph or other subdivision of this Agreement.
1.3 Currency. Any reference to currency is to Canadian currency and any amount
advanced; paid or calculated is to be advanced, paid or calculated in Canadian currency..
1.4 Statutes. Any reference to a statute is to such. statute and to the regulations made
pursuant to such statute as such statute and regulations may at any time be amended or
modrfied and in effect and to any statute or regulations Ghat maybe passed that have the
effect of supplementing or superseding such statute or regulations.
1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or
neutral gender and words in the singular include the plural, and vice versa.
1.6 OMAFRA Approvals. Any reference to, or requirement for, OMAFRA's approval in this
Agreement or in any schedule hereto shall be deemed to require the prior and express
written approval of OMAFRA.
SECTION 2
TERM OF AGREEMENT
2.1 Term. Subject to any extension or termination of #his Agreement. or-the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein; this
Agreement shall be in effect from the date set out on the first page of this Agreement; up
to and including the Expiration Date (the `Term").
2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and
regardless of the Project's state of completion, the Government of Ontario shall not be
obligated to provide Financial Assistance under this Agreement for any costs incurred
after the End of Financial Assistance Date. The Recipient will be respohsible for any
financial obligations after that date related to the Project or this Agreement.
2.3 Project Completion Date. The Recipient shall complete the Project by the Project
Completion Date. The Governmentof Ontario shall not be obligated to,provide Financial-
Assistance under this Agreement for any costs. incurred after the Project Completion
Date. The Recipient will be responsible for any risks and obligations to complete the
Project if the Recipient fails to complete the Project by the Project Completion Date. The
Recipient will also be responsible for completing: the Project as soon as possible after
the Project Completton Date.
SECTION 3
ELIGIBLE COSTS
3.1 Eligible Costs. For a cost.to be eligible-for Fnancial Assistance pursuant to this
Agreement (an "Eligible Cost"}, the cost must be included in,Schedule "¢", Part C.1,
except where otherwise expressly approved in writing by OMAFRA. For greater
certainty, where Schedule "B" identifies a portion of tha wgrks.that are specifically
excluded from the description of the Project under this Agreement, the costs associated
with that portion of the works are not eligible for Financial Assistance; ,
3.2 Discretion of OMAFRA. Subject to Section 3.1, the eligibility of any costs not listed in
- Page 6 of 44
ISF Contribution Agreement
Part C.1 of Schedule "C" wilt be determined in accordance- with the policies and
guidelines (if any) established by OMAFRAto administer the ISF. The final
determination of the- eligibility of any costs claimed is at the sole and absolute discretion
of OMAFRA.
3.3 Retention of Receipts. The Recipient shall retain altaccounts; documents and records
of payments related to Eligible Costs incldding; without limitation, invoices and receipts,
for audit purposes and such supporting documents#ion must be available to OMAFRA
when requested and shall be retained until six (6) years after the Substantial Completion
of the Project, any extension thereof or for such period as OMAFRA in its sole discretion
may, in'writing, direct.
3.4 Ineligible Costs. Notwithstanding anything else contained herein, the costs thatare not
- eligible for Financial Assistance pursuant fa this Agreement are set out in Part G.2 of
Schedule "C° ("Ineligible Costs°).
3.5 Deemed Ineligible. The Recipient acknowledges tha# the Government of Ontario's
Fiscal Year ends on March 31 in each year, and#hat should a cost hot be submitted by
the Recipient for payment of Financial Assistance before March 31 of the year following
the Fiscal Year in which it was incurred; such cost may be deemed, at OMAFRA's sole
and absolute discretion, ineligible for Financial Assistance.
SECi'ION 4
FINANCIAL ASSISTANCE
4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be
--used only for Eligible Costs incurred by the Recipient.
4.2 $asis of Payout of Financfa! Assistance. The Financfal Assistance will be provided
by OMAFRA to the Recipienton the basis set out in Schedule "D".
4.3 Reporting: The Recipient is required to submit Project Status Reports and- Expenditure
and Job Creation Reports to OMAFRA pursuanf to Section 6.1 and Section 6.2 of
Schedule "A" prior to OMAFRA releasing any Financial Assistance.
4.4' Financial Assistance Advanced. Basedonsubmitted-Expenditure'-and Job Creation
Report projections demonstrating that Eligible Costs wilt be incurred in 2009-10,
OMAFRA may provide to the Recipient up to 25% of Eligible Costs expected to be
incurred in 2009-10 priorto OMAFRA receiving evidence That the associated,Eligible
Costs have already been incurred by the Recipient{the-"advance paymerft(s)"). The
RecipienYjs required tosubmit invoices demonstrating full use
of the advanced payments in subsequent Claim and Progress Statements to OMAFRA.
Further Eligible Costs incurred in 2009-10 will onlybe reimbursed following the
Recipient's submission of invoices to O1v1AFRA and chewing the full use of th2 advanced
payment. If the Recipient is unable to provide invoices by March 31; 2010 demonstrating
full-use of the advanced payment, the Govemrrient of Ontario fetains the right to
demand repayment of any unused- Financial Assistance.
Based on submitted Facpenditure and Job Creation F[eport projections demonstrating
that Eligible Costs wilf be incurred irr201(}-11; OMAFRA.mayprovide to the Recipient up
to 25% of Eligible Costs expected to be incurred in 2010-1f prior to OMAFRA receiving
evidence that the associated Eligible Casts have already.been irxsurred by the Recipient
Page 7 of 44
ISFContribution Agreement
(the Further advance payment(s)"). The Recipient is required to submit invoices
demonstrating full use of the further advanced payments. in subsequent Claim and
Progress Statements to OMAFRA. Alt other Eligible Costs incurred will only be.
reimbursed following the Recipient's submission of invoices to OMAFRA and showing
the full use of the further advanced payment. if the Recipient is unable to provide
invoices by March 31, 2011 demonstrating full-use of the further advanced payment, the
Government of Ontario retains the right to demand repaymentof any unused Financial
Assistance.
4.5 Deposit of Financial Assistance In Canadian Financial Institution and interest on
Financial Assistance Advanced. Atl Financial Assistance provided, including any
advanced or further advance payments as well as all interest eamed thereon, shall be
deemed to remain the property of.the Government of Ontario and must be held-lay-the
Recipient for the Government of Ontario in an interestbearing account in the name of
the Recipient at a Canadian financial ins#itution, pending payment of Eligible Costs. The
amount of interest eamed (if any) shall be reported to OMAFRA. If the Recipient earns
any interest on the advanced Financial Assistance:
a) -OMAFRA maydeduct an amount-equal to the interest from any other instalments
of Financtal Assistance; or
b) . The Recipient shall pay an amount equal #o the interest to QMAFRA if directed
by OMAFRA.
4.6 .Maximum. Financial Assistance. The total amountof Financial Assistance provided to
the Recipient shall in any event. be no greater than the Maximum Financial Assistance
figure set out in Schedule "D".
4.7 Excess Financial Assistance. The Recipient shall immediately notify OMAFRA should
the Project require less than the Total Eligible Costs to be Substantially Completed, or
where additional funding is secured from other gnvemment sources such that the total
funds available to the Recipient for the Project (including the Financial Assistance)
exceed the Maximum Financial Assistance. OMAFRA may, in its sole and absolute
discretion, Adjustthe Financial Assistance on theproject.
4.8 Interdependent Projects. Where implementation of a Project is dependent on
completion of a project by others and the interdependent project is not completed by
others in whole or in part, QMAFRA may, in its sole discretion-and absolute, Adjust the
Financial Assistance for the Project.
4.9 lecipient Not Carrying out Project The Recipient shall immediately notify, QMAFRA
'rf it does no{..intend tq carry out any Project in whole or in part as specified in Schedule
°B" hereto, in which. case QMAFRA may, in its sole and absolute discretion,. Adjust the
Financial Assistance for the Project.
4.10 New Information. In the-event of newinfonnation;:errors, omissions or other .
circumstances affecting the determination of the amount of Financial.Assistance under
this Agreement, QMAFRA-may, in its sole and absolute discretion, Adjust the Financial
Assistance for the Project.,,
4.11 Altematiyes tq Project. If .the Recipient becomes aware of any means of completing
;either the Project's,objective or the Project itself that are more cost effective; the-
- Recipientshall immediately notify QMAFRA, in which case QMAFRA may, in its sole
and absolute discretion, Adjust the Financial Assistance.. Likewise, ff QMAFRA
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!SF Contribution Agreement
becomes aware of any alternative means of completing either the Project's objective or
the Project itself that are more cost effective, the Recipient will be notified and OMAFRA
may, in its sole and absolute discretion, Adjust the Financial Assistance.
4.12 Transfer of Financial Assistance between Projects. The Recipient shall not transfer
Financial Assistance assigned to one Project to another Project listed in Schedule B
hereto without the express written consent of OMAFRA.
4.13 Goods and Services Tax. The Financial Assistance is based on the net amount of
Goods and Services Tax to be paid by the Recipient pursuant to the Excise Tax Act,
R.S.C. 1985, c. E-15, as amended, netof any applicable rebates. If and when the
Harmonized Sales Tax is phased in within the Province of Ontario, the Financial
Assistance will 6e-based on the net amount of the Harmonized Sales Tax to be paid by
-the Recipient, net of any applicable rebates.
4.14 Withholding Payment. OMAFRA may,. in its sole and absolute discretion, withhold
payment of Financial Assistance where the Recipient is in default in obtaining any
necessary permits, approvals or licenses applicable to the Projector is in default of
compliance with any provisions of this Agreement or any and all applicable federal,
provincial or municipal laws, and all rules, regulations; by-laws, notices., orders,
approvals, directives, protocols, policies and guidelines.
-4.15 Financial Assistance upon Expiry. Without limiting any rights OMAFRA has under
-this Agreement, at law or in equity, OMAFRA shall have the right to be repaid by the
Recipient, in whole or in part, for Financial Assistance advanced and unspent by the
Recipient for a Project that has not been completed by the ProjectCompletion-Date.
4.16 Limitation on Payment of Financial Assistance. Notwithstanding section 4.4 of this
..Agreement, OMAFRA may choose not to advance any Financial Assistance to the _
Recipient until the Recipient provides the insurance certificate or other documents
provided for in section 9 of Schedule `A".
4.17 Insufficient Funds Provided by the Legislature of Canada. If, in the opinion of the
Government of Ontario, the Legislative Assembly of Ontario or the Government of
Canada does not provide sufficient funds to continue the Financial Assistance for any
Fiscal Year during which tills Agreement is in effect, the Government of Ontario may
terminate this Agreement in accordance with the terms specified in Section 15.5 of
Schedule "A".
SECTION 5
PROJECT AWARD, CONSULTATIONS WITH ABORIGINAL GROUP(S), MANAGEMENT
AND COMPLETION
'5.1 Recipient Fully Responsible. The Recipient shall be fully responsible for the
undertaking, implementation and completion of the Project and shall retain any and all
Consultants reasonably required to undertake a project of the size, scope and
complexity of the Project. Where implementation of the Project is dependent on
completion of a project by others, the Recipient shall be fully responsible for obtaining
anyassurances that it may require from others in relation to-the Implementation of the
Project by the Recipient.
5.2 Government of Ontario Not Responsible for Implementation. The Government of
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1SF Contribution Agreement
Ontario shall not be responsible in any way whatsoever. for the undertaking,
implementation and completion of-the Project or any interdependent project of others
unless the Project relates to a Provincial Asset.
5.3 Government of Ontario Not Responsible for Costs, etc. The Government of Ontario
shall not be responsible for any costs associated with the operation, maintenance and
repair ofi the Project nor for any claims, proceedings or judgments arising from the tender
and bidding process, unless the Project relates to a Provincial Asset.
5.4 Consultations with Aboriginal Group(s). The Recipient agrees to be bound by the
terms of the Aboriginal Consultation-Protocol set out in Schedule "L°.
5.5 Behayiourof Recipient. The Recipient shall at all times carry out the Project in an
economical and businesslike manner, in accordance with this Agreement subject to any
reasonable changes that OMAFRA may agree to or require from time to time in writing.
5.6 Competitive Process. The Recipient shall acquire and manage its equipment, services
and supplies, including any construction component, required for the. Project through a
transparent, competitive process that ensures the best value for the Financial Assistance
expended. Where the Recipient is a municipal entity, the Recipientshall follow tts
procurement policies as required by the Municipal Act, 200f, 2001, S.O. a 25, as
amended or, for the City of Toronto, the City of Toronto Ac#, 2006, S.O. 2006, c. 11,
Schd. A, as amended. Where the Recipient is a-not-for-profit private sector entity, a for-
profit private sector entity or a Local Services Board; the Recipient shall ensure that for
equipment, services and supplies; the estimated cost of which exceeds $25;000.00, the
Recipient shall obtain at least three written quotes unless OMAFRA gives prior written
approval. The requirement for a competitive process for municipal Recipients, not-for-
profitprivate sector Recipients, for-profit private sector Recipients or Local Services
Board Recipients may be waived with prior written approval by OMAFRA if:
a) the equipment, services and supplies the Recipient is purchasing is specialized
and is not readily available; or
b) the Recipienthas recently researched the market for a similar purchase and
knows prevailing market costs for the equipment, services or supplies
purchased.
5.7 Trade Agreements: If the Recipient is subject to any provincial or federal trade
agreements to which the Government of Ontario is a party, the Recipient shalt comply
with the applicable requirements of such trade agreements. In particular, and without
limitation, if the Recipient_issLbject to Annex 502.4 of the Agreement on IntematTrade,
the Recipient shall comply with alt of the applicable .requirements of that Annex. In the
event of any conflict between the requirements of Sections 5.6 of Schedule °A" and the
requirements of this Section 5.7, the requirements. referenced in this Section 5.7 shall
apply.
5.8 Final Claim.. The Recipient shall-submit its final claims for all costs incurred by the End
of Financial Assistance Date with the required documentation, including the Final Report
as per Section 6.4 of Schedule °A", for approval, cost reviews, audits- (including any
value for.money audits that OMAFRA may decide to undertake in its sole and absolute
discretion)~within 90 days following the Substantial Completion of the Project and no
later than the Final Report-Date, which date is earlier, or such Later date as is specified in
Page 10 of 44
ISF Contribution Agreement
writing by dMAFRA: Upon completion of theeost reviews; audits and seftlement,
OMAFRA shall notbe obligated to consider any further claims in relationto the Project.
The Recipient shall also submit, upon request by OMAFRA, any documentation required
for approval, cost reviews and audits.
5.9 Commencement of Project. The Recipient shall begin the Project within sixty (60)
days of'the Project construction start date, as per Schedule B, or such other period as
OMAFRA may allow, failing which this Agreement may be terminated pursuant to
Section 15.
5.i 0 Contracts. The Recipient shall ensure that all Contracts:
a) are consistent and do not conflict with this Agreement;
b) incorporate the relevant provisions of this Agreement to the fullest extent
possible;
c) be consistent with all policies and procedures the Government of Canada and/or
the Government of Ontario may provide#o-the Recipient in relation the ISF;
d) are awarded-and.managed:
(i) in a way that is transparent, competitive and- consistent with value for
money principles; and
(ii) in accordance with any policies and procedures the Government of
Ontario may provide to the Recipient;.
e) require that the parties thereto comply with any and all applicable federal,
provincial or municipal laws, and all rules, regulations, by-laws, notices, orders,
approvals, directives, policies; protocols and guidelines; and
f) authorize the Governments of Canada and Ontario of to collect, use and disclose
information and data gathered by partfes, perform audits and monitor the Project
as they see fit.
SECTION 6
REPORTING REQUIREMENTS
6.1 Project Status Report: The Recipient sha~lsubmitmonthly Project-Status Reports in
the format prescribed by OMAFRA fncluding such information as estimated, percentage
of project completion, tender call dates, tehder award dates; forecast and actual
construction start-and end dates, and all other information respecting the progress of the
Project that may be requested by OMAFRA or of which the Recipient becomes. aware
that may affect the Project's fimely completion.-
In addition., and without limitation by the communications requirements setouYelse
wherein this Agreement, the.Recipient shall also submit copies of all communications
and public information materials related to the Projectwith the Project Status Reports.
6.2 Expenditure and Job Creation Report. The Recipient shall, at a minimum, submit to
OMAFRA a quarterly Expenditure and Job Crea#ion Report, as setiout in Schedule "H"
hereto and which may be amended by.OMAFRA from time to time, for each Project
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ISF Contribution Agreement
listed in Schedule:"B", to OMAFRA on or before May 15, August.l5, November 15 and
February 15 for each. Fiscal-Year.-
6.3 Claims Submission. Ali Recipient Claim Submissions shall include, but are not limited
to, the following report:
Claim and Progress Statement. The Recipient shaft provide.OMAFRA with a.
duly executed report in the. form set out in Schedule "I" ("Claim and Progress
Statement's that shall contain information to allow OMAFRA to assess-the
progress of the Project and OMAFRA may amend the Claims and Progress
Statement from time to time, as well as the eligibility of that portiorrof the Project
for which disbursement is being requested and the individual Project tasks and
milestones.
6.4 Final Report. Within 90 days. of the Project becoming Substantially Completed and no
later than the Final Report Date, or such later date as is specified in writing by OMAFRA,
the Recipient shall submit a final report (the "Final Report" as set out in Schedule "J") for
the Project to OMAFRA in a manner satisfactory to OMAFRA and the Recipient shall
follow such administrative procedures as are specified from time to time by OMAFRA.
Upon acceptance of the Final Report and the processing of final claims; OMAFRA shall
not be obligated to consider any further claims in relation #o the Project.
6.5 Solemn Declaration of Substantial Completion. Within ninety (90) days of the Project
becoming Substantially Completed and oo later than the Final Report Date; or such later
date as is specified in writing by OMAFRA, the Recipient.shall submit a fully executed
Solemn Declaration of Substantial Completion, as set out by Schedule "K", for all
Projects. for which Eligible Costs have been claimed. .
SECTION 7
RECORDS AND At1DIT
7.1 Separate Records.-The Recipient shall maintain separate records and documentation
for each Project listed in Schedule "B" end shalt keep all records and documentation for
six (li) years after the submission of the final claims referred to in Section 5.9 of
Schedule "A".
7.2 Provide Records to OMAFRi4. The Recipient shall provide to OMAFRA, upon request
and at the Recipient's.expense (including-but-not limited to_photfcopying; electronic
media, transportation and postage, associated staff time, information retrieval and other
office expenses), all records and documentation (including. invoicesummaries and
cerfrfied statement of final costs) of the Recipient and its auditors,. Consultants relating to
the Project or any otherproject(s) of the Recipient under the ISF, or any other
Government of Ontario program{s), for the purposesof cost-reviews, audits.(ineluding
any value for money audits that OMAFRA may decide to undertake in its-sole ahd
absolute discretion) settlement,.as may be required by OMAFRA; of the Project or any
other project(s) of the Recipient underihe;ISF, or any other Government of Ontario
program(s). Such material shall be provided in a form. and manner satisfactory to
OMAFRA.
7.3 External Auditor. OMAFRA may require the assistance of an. external auditor to carry
out a review of the material referred to in Sections 7.1 and T:2 of Schedule "A".. If so, the
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ISF Contribution Agreement
Recipient shall, upon request, retain an externalauditor acceptable to OMAFRA at the
Recipient's sole expense. The Recipient shall-ensure that any auditor who conducts a
financial or program review pursuant to this section of the Agreement or otherwise,
provides a copy of the report to OMAFRA for ifs consideration at the same time that the
report is given to the Recipient.
7.4 Auditor Generaf of Canada. The Auditor General of Canada, may, at the Auditor
General of Canada's cost, conduct an audit with respect to the use of Financial
Assistance under this Agreement. For the purposes of facilitating such inquiry, the
Recipient shall release to OMAFRA upon request and in a timely manner, for the
purpose of releasing to the Auditor General of Canada: ail records held by the Recipient,
or by agents or contractors of the.Recipient, relating to this Agreement and/or the
Financial Assistance;. and such further in#ormation and explanations as the Auditor
Generaf, or anyone acting on behaN of the Auditor General may request relatirg to any
part of this Agreement of the use of Financial Assistance.
7.5 Auditor General of Ontario. The Auditor General of Ontarie, may, at the Auditor
General of Ontario's cost, conductnn audit with respect to the use. of Financial
Assistance under this Agreement. For tfie purposes of facilitating such inquiry, the
Recipient shall release to OMAFRA upon request and in a timely manner, for the
purpose of releasing to the Auditor General of Ontario: all records held by the Recipient,
or by agents or Contractors of the Recipient, relating to-this Agreement and/or the
Financial Assistance; and such further information. and explanations as the Auditor
General, or anyone acting. on behalf of the Auditor Gerteral-may requesYrelating to the
Financial Assistance:
-7.6 . ,Information. The Recipient shall supply #a OMAFRA, upon request; such information in
respect of the Project and its results including; without limitation,. all Contracts and
agreements related to the Project and all plans and specifications related to the Project,
as OMAFRA may require. The Government of Canada- and the Government of Ontario,
their respective agents and employees, including the Ruditor General's Office, shall be
allowed access to the Recipient's premises and staff andto the Project site at all
reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost
reviews and audits on the Project; and (iii) complete any other auditing or monitoring that
maybe reasonably required in relationao the Project.
7.7 Information Condition Precedent forPayment. If, in the opinionof OMAFRA; any of
the information requirements of-this Section 7 are not met, OMAFRA may, in its sole and
absolute discretion, require-the information as a condition precedent to any payment in
relation to the Project(s) of the Recipient under the ISF, or any other provincial
programs} (either'current or future)..In addition, OMAFRA may, in its sole and absolute
discretion, Adjust-the Financial Assistance for the Project.
SECTION 8
`OVERPAYMENT AND FAILURE TO SUBSTANTIALLY COMPLETE CONTRACT WITHIN
TIMELINES
8.1 Allowable Financial Assistance. Financial Assistance paid to-the Recipient prior to the
submission of a Final Report in accordance wi#h Section 5.9 of Schedule °A" shaA not be
construed as a final determination of the amount of Financial Assistance applicable to
the: Project. Upon conducting a final cost review or audit of the Project, OMAFRA wiN
determine the final amount of Financial Assistance on the Project (the "Albwable
Page 13 of 44
ISF Contribution Agreement
Financial Assistance"). For certainty, the allowable Financial Assistance shall not
exceed the Maximum Financial Assistance. The Recipient agrees #o repay to OMAFRA,
upon receipt of a written demand and within the period spec'rfied by OMAFRA; that
portion of the Financial Assistance that exceeds the Allowable- Financiat Assistance
applicable to the Project (an "overpaymertY'), as determined by OMAFRA, as well as any
Financial Assistance used for a purpose other than that stated in the terms of this
Agreement, as determined by OMAFRA.
8.2 Ded'uation of Overpayment OMAFFtA may deduct any overpayments of Financial
Assistance for the ProjecYfrom financial assistance payable on any other Project(s) of
the Recipient under the ISF or any other Government of Ontario program(s) and/or
Government of Canada program(s) that are delivered by the Government Ontario on
behalf of the Government of Canada (either current or future)..Any overpayment made
on any other Project(s) of the Recipient under the ISF or any other Government of
Ontario program(s) (either current orfuture) may in turn be deducted from Financial
Assistance payable on the Project.
8.3 Interest on Overpayment. OMAFRA reserves the right to demand interest on any
overpayment owing by the Recipient under the terms of this Agreement at the then
current interest rate charged by the Government of Ontario on accounts receivable: The
Recipient shall pay the amount of interest owing ppon.receipt of a.written demand and
within the period specified by OMAFRA.
8.4 Recovery of Financial Assistance. Where Eligible Costs committed to a Project have
not been incurred, OMAFRA may withdraw any unspent Financial Assistance #or the
Project if it has not started construction on its scheduled start date or ff a Project has
started construction but for which progress is-not to the satisfaction of Ontario.
SECTION 9
INSURANCE AND BONDING
9.1 Insurance. The Recipient represents and warrants that it has, and shall maintain in full
force and effect for the term of the Agreement, at its own cost and expense, with insurers
having a secure A.M. Best rating of B+ or greater, or the equivalent;- all the necessary
and appropriate insurance that a prudent person carrying out a project sim€lar to the
Project would maintain, including commercial general liability insurance on an
occurrence-basis for third pang-bodily-injury, personal injury and property damage, to an
inclusive limit of not less thanfive million dollars ($5,000,000.00) per occurrence. The
..commercial general liability insurance policy shall include the following:
(i) the Indemnified Parties es additional insureds with respect to liability
arising in the course. of performance of the Recipient's obligations under,
or otherwise in.connecGon with, the Agreement;
(ii) a cross iiabiliry clause;.
(iii) contractual liability coverage; and
(vii) a 30 day written notice of cancellation, termination or material change.
9.2 ' Proof of Insurance: The Recipient shall provide OMAFRA with cert~cates of
insurance; or other proof as may be requested by OMAFRA, that confirms the insurance
- Page 14 of 44
fSF ContrrBution Agreement
coverage as provided for in Section 9.1 of Schedule °A". Upon- the request of OMAFRA;
the Recipient shall make available to OMAFRA a-copy of each insurance policy.
9.3 Bonding. The Recipient shalt put in effect and maintain in fiull force and effect or cause
to be put into effect and maintained in fulF force and effect during the term of this
Agreement.
a) a performance bond in the amount of 100% of the Contract price for.any
construction Contract related to the Project and which is for an amount greater
than $150,000.00 covering the performance of that construction Contract and the
correction of any deficiencies; and
b) a labour and- material payment bond in the amount of 50% of the Contract price
for any construction Contract related to the !'roject and which is-for an amount
greater than $150,000.00 covering the payment for labour, material or both.
9.4 Alternatives, reduction or waiver. Notwithstanding the requirements set out in Section
9.3, in the event that the Recipient provides a wririen business case to obtain approval fo
put into-effect and maintain an alternative form of security or to reduce ar eliminate the
bonds for construction Contracts of $350,000.00 or less, OMAFRA, in its sole- discretion,
may accept an altemative form of security, reduce or waive the bonding requirements in
.whole or in part.
SECTION 10
- iNDEMNITY
10.1 . ,/ndemnffied Parties Not Liable. In no event shall the Indemnified Parties be liable for:
a) any bodily injury, death or property damage to the Recipient, its employees,
agents, or Consultants or for any claim, demand or action by any third party
against the Recipient, ifs employees, .agents, or Consultants, arising out of or in
any way related to the Canada-Ontario Infrastructure Stimulus Fund Agreement
or this Agreement or the Project; or
b) any incidental, indirect, special or consequential damages, or any Ices of use,
revenue or profit to the Recipient, its employees, agents; or Consultants arising
out of or in any way related to the Canada-Ontario Infrastructure Stimulus Fund
Agreement or this Agreement or the Project.
10.2 Recipient to Indemnify. Where the Recipient is amunicipality, anot-for-profit private
sector entity, afor-profit private sector entity or a Local Services Board, the Recipient
agrees to indemnify and hold harmless. the Indemnified- Parties from and. against all
suits, judgments, claims, demands,. expenses, actions, causes of action and losses
(including, without limitation, reasonable legal expenses anal any claim #or Ifen made
.pursuant to the Construction Lien Act, R.S.O. 1990; c. C.30, as amended and fioC any
and all liability for damages. to-properly and injury to persons (including deathy which the
Indemnified Parties may incur, otherwise than by. reason of their-own negligence or wilful
misconduct, as a result of or arising-out of or in relation to: (a) the performance of this
Agreement or any breach of the terms of this Agreement by the Recipient,'~s officers,
servants, employees, agents and Consultants, or by a third, party, and any of its officers,
ernpfoyees, servants or agents; (b) the ongoing operation; maintenance and repair of the
..infrastructure resulting from the Project; or (c) any omission or other wilful or negligent
Page 15 of 44
1SF Contribution Agreement
act of the Recipient, a third party, their respective employees, officers, servants or
agents.
10.3 Further indemnity. The Recipient further agrees to indemnify and. hold harmless the
Indemnified Parties, for any incidental, indirect, special or consequential damages, or any
loss of use, revenue or profit, which the Indemnified Parties may incur, otherwise than by
reason of their own negligence or w'rlfui misconduct, as a result of or arising out of or in
relation to: (a) the performance of this Agreement or any breach of the terms of this
Agreement by the Recipient, its officers, servants, employees, agents and Consultants, or
by a third party; and any of its officers, employees, servants or agents; (b) the ongoing
operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any
omission or other wilful or negligent act of the Recipient, a third party, their respective
employees; officers, servants or agents.
SECTION 11
TRANSFER-AND OPERATION OFINFRASTRUCTURE
11.1_ Transfer of Ownership. Unless otherwise agreed to by the Governments of Canada
and Ontario, the Recipient will retain title to, and ownership of, the Asset resulting from
the Project(s) for at least five (5) years after the completion of the Project(s).
11.2 Repayment. In the event thafat any time within five (5) years from the date of
completion of the Project(s), the Recipient sells, leases, encumbers or otherwise
disposes of, directly or indirectly, any Asset constructed, rehabilitated or improved, in
whole or in part, with the Financial Assistance, other than to Canada, Ontario, a Local
Government, or a Crown corporation of Ontario that is the tatter's agent for the purpose
of implementing this Agreement, the Recipient hereby undertakes to repay,the
Governments of Canada and Ontario, on demand, a proportionate amount of the
Financial Assistance,: as follows:
Where Project asset is sold, leased, encumbered
or dis sed of: Repayment of contribution
in current dollars
Within 2 Years after Project com letion 100%
Between 2 and 5 Years after Project com letion 55%
5 Years after Pr 'ect com letion 03'°
i1:3 Notice. At any time during the five (5) years following the date of completion of the
Project, the Recipient agrees to not'rfy OMAFRA in writing of any transaction triggering
the above-mentioned repayment in section 11.2 of Schedule "A", at least one hundred
eighty (180) days in advance.
11.4 Deduction from FinanCfa(Assistance. OMAFRA may, in its sole and absolute
discretion,. deduct the amount of Financial Assistance to 6e repaid by the Recipient
under Section 11:2 of Schedule "A" from Financial Assistance payable by the
CovernmenFof Ontario to the Recipient on any other project(s) of the Recipient-under
the (SF or any other Government of Ontario program(s) (either current or future) and
provide that money to the Governments of Canada and/or Ontario.
11.5 Revenue from Assets: The Recipient must identify to OMAFRA when an Asset in any
- given F'~seal Year generates revenues that exceed its costs, including operating costs,
alternative financing partnerships orpublic-private partnerships costs and provisions for
future I'rfe cycle costs and where the intent of revenue generation was not identified in
Page 16 of 44
1SF Contribution Agreement
the application. Within the first five (5) complete FiscaFYears foitowingthe Substantial
Completion of a Project, OMAFRA-may; in its sole and absolute discretion, deem the
amount of revenue from that Project that is proportional to the Government of Canada's
- and-the Government of Ontario's Financial Assistance to the total cost of the Asset to be
an overpayment of Financial Assistance (the "deemed overpayment"). The Recipient
shall-pay OMAFRA, upon request, the deemed overpayment;.
1"1.6 Asset Operaffon. The Asset established with the Financiaf Assistance under this
Agreement shall be used, maintained and operated for a period of at least one half of the
expected useful life of the Asset after Substantial Completion of the Rroject asset out in
Schedule "F". Any contravention of this provision shall give OMAFRA the right to
recover a portion or all of the Financial Assistance to those Project(s) provided under this
Agreement.
SECTION 12
CONFLICT OF INTEREST ANO CONFIDENTIALITY
12.1 No Conflfcf oflnteresf. The Recipient and its Consultants and any of their respective
advisors; partners, directors, officers, employees, agents, sub-contractors, and
volunteers shall -not engage in any activity or provide any services where such activity or
the provision of such services creates a conflict of interest (actually or potentially, as
determined in the sole and absolute opinion of OMAFRA) with the provision of services
- under this Agreement. -The Recipient acknowledges and agrees that it shall be a conflict
of :interest for if to use confidential informattorrof the Government of Ontario thaf is
relevant to the Project or otherwise where OMAFRA has not expressly authorized such
use in writing. For greater certainty, anctwithout limiting the generality of the foregoing,
a conflict of interest includes a situation where anyone associated with the Recipient is
- able to benefiffinanciallylrom the Projector where such aperson-owns ar has-art
interest in an organization that is carrying outwork related to the Project.
12.2 Disclose Potential Conflict of Interest. The Recipient shall disclose to OMAFRA
without delay any actual or potential situation that may be reasonably interpretedas
either a conflict of interest or a potential conflict of interest.
12.3 Freedom of Information and Protection of PrivacXAct. The Recipient acknowledges
that the Freedom of Infonmation and Protection of Privacy Act, R.S.O. 1990, a F.31, as
amended binds the Ohtario Govemmen&
SECTION 13
RECOGNITION
13.1 Lfcensed Marks.- The Recipient acknowledges that the Governments of Canada and
Ontario are, will be or may be the-owner of certain distinguishing marks comprised of
designs, trademarks and official-marks--which have come or-will come to be associated
with the ISF (ail such current and future marks, being the "Licensed Marks").
13.2 Acknowledgement in Advertising and Publicfty. The Recipient agrees to
acknowledge the Financial Assistance of the Governments of Canada and Ontario to the
Project in alt advertising and publicity relating to the Project and in any construction
signs and in any temporary or permanent tributes to Project donors by adhering to the
Communications Requirements as per Schedule "G".
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ISF Contribution Agreement
13.3. Use of Licensed Marks: In consideration of receiving the Financial Assistance, the
Recipient agrees to use the Licensed Marks as follows:
a) the Recipient agrees to strictly use the Licensed. Marks only as prescribed by the
Communications Requirements and not to use any other mark or trademark in
combination with any of the Licensed Marks without the prior written-approval of
the Govemments of Canada and Ontario, or their delegates responsible for
administering the ISF. The Recipient agrees that it will not alter, modify, dilute or
.otherwise misuse the Licensed Marks;
b} the Recipient agrees to submit to the Governments of Canada and Ontario, or
their delegates responsible for administering the-ISF, copies of any
advertisements or promotional materials containing the Licensed Marks for
.approval prior to any use thereof and tQ remove therefrom either any reference to
the Licensed Marks or any element that may from time to time and upon
reasonable notice be required;
c) the Recipient agrees-that it will hofstate or imply, directly or indirectly„that the
Recipient or the Recipient's activities, -other than those permitted by this
Agreement, are supported, endorsed, or sponsored by the Governments. of
Canada and Ontario, or their delegates responsible. for administering the ISF and
shall, upon notification, express disclaimers to that effect; and
d) the Recipient agrees to promptly inform the Governments of Canada Ontario, or
.their delegates responsible for administering the ISF of any suspected:.
infringement of any Licensed Marks by a third party:
13.4 Cease-Using Licensed Marks: Whether or not the: Recipient is in breach of this
Agreement, forthwith upon any receipt by the Recipieht of a written direction from the
Governments of Canada and Ontario, or their delegates responsible for administering
the ISF, the Recipient shall cease using. the Licensed Marks, and without limiting the
generality of the foregoing, will remove ail signage and remove from circulation any use
or reference to the Licensed Marks.
SECTION' 14 . .
COVENANTS, REPRESENTATIONS AND WARRANTIES
14.1 General. The Recipient covenants, represents and warrants to the Govemment of
Ontario that:
a) it is conducting and shall conduct its business in compliance. with all,applicable
federal, provincial and municipal laws,. and ail: rules; regulations, by-laws, notices,
orders,. approvals,. directives; protocols, policies and guidelines;
b) R is conducting and shall carry on its business in compiiarice with all Govemment
of Canada requirements as outlined in Schedule. "E";
c) it has authority and any necessary approval to enter into ti~is Agreement and to
carry out its terms;
d) it has or will apply for all permits; approvals; and licenses which are required in
Page 18 of 44
ISF Contribution Agreement
order to carry out the Project;
e) it validly exists as a legal entitywith full power to pertorm'and observe alt of the
terms and conditions of this Agreement;-
#) where applicable, it has passed by-laws required to undertake the Project;
g) it is now and wilt continue to be compliant with all Environmental Laws;
h) it owns or has a-long-term lease (inclusive of any renewals)for the lands on
which the Infrastructure is or will be located that expires no earlier than-five (5)
years following Project completion;
i) provided that the Recipient is not a municipality or a Crown Agency,
A. it is not anon-resident of Canada within the meaning of the Income Tax Act
(Canada);
B. is either a corporation, a partnership or a sole proprietorship validly in
existence; and
C. is registered and qualified to do business wherever necessary fo carry out
the Project;
j) it has the experience, financial health and ability to cant' out this Project;
k) if the Recipient is a municipality; local board or a Crown agency, it has the
legislative authority to carry out the Project;
I) all information provided duringthe ISF application process remains true, correct
and complete in every respect except as set out to the contrary herein; and
m) notify OMAFRA of all other sources of funding for each Project contained in
Schedule "B" of this Agreement that may reduce the level of Financial Assistance
the Recipient would be eligible to receive under this Agreement.
14.2 Governance. The Recipient represents; warrants and-covenants that, ft has, and shall
maintainfior the periodduring which this Agreement is in effect; by-laws or other legally
necessary instruments toi
a) establish the expected code of conduct and ethicatresponsibilities at all levels of
the Recipient's organization;
a b) establish procedures to ensure-the ongoing effective functioning of the Recipient;
c) establish decision-making mechanisms;
d) provide for the prudent and effective management of-the FinanctalAssistance;
e) establish procedures#o enable the successful completion of the Project;
f) establish procedures to enable the timely identification of risks to the completion
Page 19 of 44
lSF Confribution Agreement
of the Project and strategies to address the identified risks;
g) establish-procedures to enable the preparation and deliuery of all reports.
required under this Agreement; and
h) responsible for other matters as the Recipient considers necessary to ensure
that the Recipient carries out its obligations under the Agreement.
14.3 Representat/ons and Warrantfes True Condition precedent for payment. Upon
request, the Recipient shall provide OMAFRA with. proof of the matters referred to in this
Section. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the #ime of payment and
that the Recipient is not in default of compliance with any terms of this Agreement.
-Where this is not the case, OMAFRA may, in its sole discretion, Adjust the Financial
Assistance for the Project.
SECTION 15
DEFAULT, ENFORCEMENT AND TERMINATION
15.1 Event of Default. Each and every one of the following events is an "Event of DefaulY':
a)rf in the. opinion. of OMAFRA, the Recipient fails to conform or comply with any
term or covenant contained in this Agreement to be pertormed or complied with
by the Recipient;
b) if in the opinion of the OMAFRA any representation or warranty made by the
Recipient in this Agreement or any certificate delivered to OMAFRA pursuant
hereto shall be materially untrue in any respect;
c) if an order shall be made or an effective resolution passed for the winding up, or
liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved
or ceases to carry on its operation;
d) if the Recipient uses any of the Fihancial Assistance for a purpose not authorized
by this Agreement without the prior written consent of OMAFRA;
e) ff the Recipient admits in writing its inability to pay its debts generally as they
become due,.voluntarily suspends transactions of. its .usual business, becomes
insolvent, bankrupt, makes an assignment for the: benefit of.its creditors; or a
receiver or manager, court appointed or otherwise, is appointed for its assets or 'rf
the Recipient takes the benefit of any statute from time to time in force rela4ing to
bankrupts or insolvent debtors;
f) if in the opinion of OMAFRA a material adverse change. occurs such that the
viability of the Recipient as a going concern is threatened in the opinion of the
OMAFRA, acting reasonably;
g) if in the opinion of the OMAFRA, the Recipient ceases to operate;
h) ff the Recipient fails to begin the Project within sixty (60) days of the Project
construction start date, as per Schedule B, or such period as OMAFRA may
;allow„ or, in the opinion of. OMAFRA, the Recipient has failed to proceed.
Page 20 of 44
F
fSF Contribution Agreement
diligently with the Project or abandons the .Project in whole or in part, or the
Recipient is otherwise in default in carrying out any of the terms, conditions or
obligations of this Agreement, except where such failure is due to causes which,
in the opinion of OMAFRA are beyond the cohtrol of the Recipient;
i) ff the Recipient has submitted false or misleading information to OMAFRA; or
j) the Recipient and/or any of its Consultants and/or any of their respective
advisors, partners, directors, officers, employees, agents, sub-contractors and
volunteers has breached the requirements of Section 12 of Schedule "A".
15.2 Waiver. OMAFRA may, in its sole and absolute discretion, at any time, waive any Event
of Default which may have occurred provided that no such waiver extends ta, or be
takeh in any manner whatsoever to affect, any subsequent Event of Default or the right
to remedies resulting therefrom, and that no such waiver shall be; or shalt be deemed to
constitute, a waiver of such Event of Default unless such waiver is in writing from
OMAFRA.
15.3 Remedies on Default. Notwithstanding any other rights which the Government of
Ontario may have-under this Agreement, if an Event of Defiault has occurred, the-
Government of Ontario shall have the following remedies provided only that in the case
of an Event of Default which, in the opinion of OMAFRA in its sole and absolute
discretion, is curable, OMAFRA-has first given written notice of the Event of Default to
the Recipient and the Recipient has failed to correct the Event of Default-within 30
Business Days orsuch period of time as OMAFRA may consent to in writing:
a) OMAFRA shall have na further obligation fo provide any Financial Assistance for
the Project;
h) the Government of Ontario may, at its option, terminate this Agreement
immediately or may, in its sole and absolute discretion, Adjust the financiaF
Assistance. The total amount of Financial Assistance paid to the Recipient to the
date of termination shall be immediately due and payable by the Recipient and
bear interest at the. then-current interest rate charged by the Government of
Ontario on accounts receivable; and
c) the Government of Ontario-may avail itself of-any of its legal remedies that if may
deem appropriate.
15.4 Additional Remedies. In addition to the remedies. described in Section t5.3, the
Government of Ontarta may commence such legal action or proceedings as it, in its sole
and absolute discretion, may deem expedient, without-any additional notice under this
Agreement. The rights and remedies of the Govemment of Ontario hereunder are
cumulative and in addition to; and-not in substitution for, all other rights or remedies
otherwise available to the Govemment of Ontario.
15.5 Termination Without Cause. Notwithstanding anything else contairied herein, the
Government of Ontario reserves the right to terminate this Agreement without cause
upon such conditions as the Government of Ontario may require, with a minimum of
thirty (30}Business Days written notice to the Recipient. If the Govemment of Ontario
terminates this Agreement prior to its Facpiration Date, -the Govemment of Ontario,
subject to all of the Govemment of Ontario's rights under this Agreement, including,
Page 21 of 44
1SF Contribution Agreement
without limitation, its right to Ad}ust the Financial Assistance prier to its expiration, shall
only be responsible for the payment of Financial Assistance on the portion of the Project
.completed and Eligible Costs already incurred and paid at the time of such termination,
provided that the Recipient provides a report to OMAFRA that meets the requirements of
a Claims and Progress Statement and OMAFRA has sufficient funds appropriated by the
Legislative Assembly of Ontario. Such report must be received by OMAFRA within
ninety (90) Business Days of notice of termination being given to the Recipient pursuant
to this Section.
SECTION 16
NOTICE
16.1 Notice. Any demand, notice or communication to be made or giverrhereunder shall be
`in writing and may be made. or given by personal delivery or mailed by first class
registered mail,-postage prepaid or by transmittal by facsimile, telecopy, email or other
electronic means of communication addressed to the respective parties as follows at the
addresses set out in Schedule "F" or to such other person, address, facsimile number,
telecopy number or email address as either party may from time to time notffy the other
in accordance with this Section, Any demand, notice or communication made or given
by personal delivery shalt be conclusively deemed to have been given on the day of
actual delivery thereof. Any demand, notice or communication made or given by
facsimile, email or other electronic means of communication, if made or given at a time
when it would be received by the Recipient during its normal tiusiriess hours on a
Business Day, shall be deemed to be received. at the time it is sent; otherwise, such
electronic. communication shall be deemed to be received on the first Business Day
following the transmittal thereof. Any demand, notice or communication mailed by
registered mail shall be deemed to have been received three (3) Business Days
following the day on which it was mailed.
16.2 Representatives. The individuals identified pursuant to Schedule "F" will; in the first
instance, act as the. Government of Ontario's or the Recipient's, as the case may be,
representative for the purpose of implementing this Agreement.
SECTION 17
MISCELLANEOUS
17.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its
officers, directors, partners, employees, agents, sub-contractors and Consultants shall
be bound to observe all of the terms. and conditions of this Agreement, including, but not
limited. to all. covenants, representations and warranties set out herein. The Recipient
shall include in all of its Contract(s) terms and conditions similar to and not less
favourable to the Government of Ontario than the terms and conditions of this
Agreement to the extent that they are applicable to the work subcontracted,. including but
not limited to-the requirements of Section 7 of Schedule "A".
17.2' Time Is of the Essence. In the performance and observance of the terms and
conditions of this Agreement, time is of the essence and no extension or variation of this.
Agreement shall operate as a waiver of this provision.
17.3 Successors and Assigns. This Agreement shall enure to the benefit of and be binding
upon She parties hereto and their respective heirs, executors, administrators, successors
and permitted assigns.
Page 22 of 44
ISF Contribution Agreement
17.4 SeveraBility. The validity or enforceability of any provision of this Agreementshall not
affect the validity or enforceability of any other provisions hereof and such invalid or
unenforceable-provisions shall be deemed to be severable.
17:5 No Waiver. The failure by the Government of Ontario to insist in one or mere instances
on performance by the Recipient of any of the terms or conditions of this Agreement
shall not be construed as a waiver of the Govemment of Ontario's right to require further
.performance of any such terms or conditions, and the obligations of the Recipient with
respect to such performance shall continue in full force and effect.
17.6 Division of Agreement The division of this Agreement into Schedules; articles,
sections, clauses, paragraphs and the insertion of headings are for the convenience of
reference only and shall not affect the construction or interpretation of this Agreement.
17.7 Governing Law. This Agreement shall be governed by and construed. in accordance
with the-.laws applicable in Ontario.
17.8- Survival. The following Schedules, sections and provisions of this Agreement shall
survive the expiration or early termination: hereof: Section 4 (Financial Assistance),
Sec#ion 6 (Reporting Requirements); Section 7 {Records and Audit),, Section 8
(Overpayment and Failure to Substantially. Complete Contract Within Timelines};Section
1.0 (Indemnity), Section 11 -(Transfer and Operation of Infrastructure), Section 12
.(Conflict of Interest and Confidentiality), Section i3 Recognition}, Section 14
(Covenants, Representations and Warranties), Section 15 (Default, Enforcement and
Termination), and Section.17:1 f {Interest} of Schedule °A"; Schedule. "E",• Schedule "F"
{useful life of Project Infrastructure); and Schedule "G° (the Recipient's obligation to
maintain a permanent plaque in cases where it is necessary to install a permanent
,plaque).
17.9 No Assignment. The Recipient shall. not assign any aspect of this. Agreement. The
Government of Ontario may assign this Agreement on written notice to the Recipient.
17.10 No Amendment. This Agreement shall not be varied or amended except by a
document fn writing, dated-and signed on behalf of the Government of Ontario and the
Recipient.
17.11 interest. OMAFRA reserves the right to demand interest on any repayment of Financial
Assistance owing by the Recipient underthe-terms ofthisAgreementatthethen-current
interest ratecharged by the Government of Ontario. on accounts receivable. The
Recipient shall pay the amount of interest owing upon receipt of a written demand and
within the period spec'rfied by OMAFRA.
17.12 Government of E3rrtario arrd Recipient independent. Nothing in this Agreement shall
be deemed to constitute the Recipient an employee, servant, agent, partner of or in joint
venture with the Government of Ontario for any purpose whatsoever.
17.13 Recipient Cannot Represent Government of Canada or Government of Onfarfo.
The provision of Financial Assistance to the Recipient pursuanf to this Agreement is for
the sole purpose of; and is limited ta, carrying out the Project. The Recipient warrants.
and agrees that under no circumstances shall it enter into any Contract or commitment
in the name of or on behalf of the Governments of Canada and/or Ontario. The
Page 23 of 44
iSF Contribution Agreement
Recipient acknowledges and agrees that it is not by the farms of this Agreement or
otherwise, granted any-right or authority to assume or create any obligation or
responsibility, express or implied, on behalf of or in the name of the Govemments of
Canada ancYor Ontario, to act as an agent of the Govemments of Canada and/or
Ontario, or to bind the Governments of Canada and/or Ontario in any manner
whatsoever other than as spec'rfically provided in this Agreement.
17.14 Consultants, The Government of Ontario acknowledges that, in connection with
carrying out the Project, the Recipient may engage one or more Consultants: The
Government of Ontario. acknowledges and agrees that the Recipient shall have the sole
authority and responsibility for such employees, agents or Consultants, including their
hiring and termination. The Recipient acknawletlges and agrees that the Recipient shalt
be responsible for all: acts and actions of the Recipients employees, agents and
Consultants and that. all such acts and actions shall be created as actions of the
Recipient for the purposes ofthis Agreement.
17.15 lobbyists and Agent Fees. The Recipient warrants that any person hired; for
payment, or to speak or correspond with any employee or other person representing the
Recipient, concerning any matter relating to the contribution under this Agreement or
any benefit hereunder and who is required pursuant to the. Lobbying Act, as amended, is
registered pursuant to the Lobbying Act. The Recipient also warrants that iF has not and
nor will it make a payment or other.compensation to any legal entity that is contingent
upon or is calculated upon the contribution hereunder or negotiating the whole or any
part of the terms of this Agreement.
17.16 Cooperation for non-OntarFo Government Recipients. The Recipient and the
Government of Ontario agree to cooperate with one another and will be frank, candid
and timely when dealing wfth one another and will endeavour to facilitate the
implementation of this Agreement.
17.17 Data. The Recipient agrees that. the.Government of Ontario may, in-its sole discretion,
gather and compile information and. data required under this Agreement and disclose
such information aril data to the Government of Ganada.
17.18 Priority. Where there is a conflict between one or more of the Schedules of-this
Agreement, the following order of priority shaA apply: Schedule "A"; Schedule "C",
Schedule "B° and all other Schedules.
17.19 Entire Agreement The Agreement constitutes the entire Agreement between
Government of.Ontario and the Recipient with respect to the sutjject matter contained in
the Agreement and. supersedesall-prior oral or written representations and/or
agreements.
- END OF GENERA4 TERMS AND CONDITIONS -
Page 24 of 44
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ISFContribution Agreement
SCHEDULE"C"
ELIGIBLE AND INELIGIBLE COSTS
ELIGIBLE COSTS
C.1. Subject to Section C.2, Eligible Costs will be all direct costs that are in OMAFRA's
opinion properly and reasonably incurred and paid by the Recipient under a Contract for
goods or services necessary for the implementation of the Project. Eligible Costs will
include only the following:
a) the capital costs of constructing, rehabilitating or improving, in whole or in part, a
tangible capital asset, as defined and determined by OMAFRA;
b} the costs of joint communication activities (press releases, press conferences,
translation, etc.) and road signage recognition as described in Schedule "G";
c) all planning (including plans and specifications) and assessment costs such as the
costs of environmental planning, surveying, engineering; architectural supervision,
testing and management consulting services;
d) the costs of engineering and environmental reviews, including environmental
assessments and follow-up programs as defined in the Canadian Environmental
AssessmentAct and the costs of remedial activities, mitigation measures and follow-
up identified in any environmental assessment;
e) the costs of Project-related signage, lighting, Project markings aril utility adjustments;
f) costs of consulting with Aboriginal Groups}, includingthe translation of documents
into languages spoken by the interested Aboriginal Group(s);
g) the costs of developing and implementing innovative techniques for carrying out the
Project, as determined by OMAFRA;
h) Recipient audit and evaluation costs as specified in tfiis Agreement, with the
exception of costs related to the retaining of an external auditor and
i) other costs .that, in the sole opinion of OMAFRA; are considered to be direct and
necessary for the successful implementation of the Project and have been approved
in writing prior to being incurred.
C.2. INELIGIBLE CGSTS
The following costs are ineligible for Financial-Assistance:
a) costs incurred prior to June 5, 2009;
b) costs incurred after the Project Completion Date;
Page 26 of 44
ISF Contribution Agreement
c) land acquisition, teasing land, buildings; equipment and other facilities, real
estate fees and related-costs;
d) financing charges, legal fees, and loan interest payments (including those
related to easements (e.g. surveys)};
e) thevalue of.any goods and services which are received through donations or in
kind;
f) employee wages and benefits, overhead costs as well as other direct or
indirect operating, maintenance and administrative costs incurred by the
Recipient for the Project,. and more specifically-costs relating: #o services
delivered directly by permanent employees of the Recipient;
g) meal, hospitality or incidental expenses of Consultants; and.
h) provincial sales fax, the GST and, if and when implerented the Harmonized
Sales Tax for which the Recipient is eligible for a rebate, and any other casts
eligible for rebates.
Page 27 of 44
tSF Contribution Agreement
SCHEDULE"D"
PROJECT FINANCIAL ASSISTANCE
ONTARIO FEDERAL.
TOTAL MAXIMUM MAXIMUM MAXIMUM
PROJECT EL(G(BLE FINANCIAL FINANCIAL FINANCIAL
NUMBER" COSTS ASSISTANCE ASSISTANCE ASSISTANCE
2085 $6,300,000 $2,100,000 $2,100,000 $4 200,000
OMAFRA will hold back 10% of the Maximum. Financial Assistance, the release of which shall
be contingent on acceptance of the Recipient's Final Report detailing the progress and status of
the Project and substantiating that the Project has been Substantially Completed. Such report
must contain the information required in the Final Report as set out in Section 6.3 of Schedule
"A" of this Agreement. OMAFRA is not obligated to pay interest on the holdback or any other
payments under this Agreement.
Page 28 of 44
ISF Contribution Agreement
SCHEDULE"E"
GOVERNMENT OF CANADA REQUIREMENTS
OMAFRA and the Recipient agree to the following Govemment of Canada Requirements:
1. The Recipient acknowledges and agrees that the amount of Financial Assistance being
provided by OMAFRA is dependent on the Government of Ontario receiving funds for the
_ Project from the Government of Canada. Should the Government of Ontario not receive the
funds it expects to receive in relation to the Project from the Government of Canada,
OMAFRA may, in-its sole and absolute discretion; Adjust the Fnancial Assistance being.
provided to the Recipient pursuant to this Agreement (including; without limitation; requiring
repayment of Financial Assistance already paid to the Recipient).
2. The Recipient shall indemnify and hold harmless the Government of Canada, its .officers,
servants, employees or agents, from and against ail claims and demands, loss, damages,
costs, expenses, actions, suits or other proceedings by whomsoever made, sustained,
brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon,
occasioned by any injury to persons, damage to or toss or destruction of property, economic
loss or infringement of rights caused by or arising directly or indirectly from:
a) the Project being funded by this Agreement;
b}the performance of this Agreement or the breach of any term or condition of this
Agreement by the Recipient, its officers,. employees and agents, or by a third party, its
` officers, employees or agents;
c) any omission or other willful or negligent act of the Recipient, its employees, officers
or agents;.
Excepf to the extent to which such claims and demands, losses costs; damages, actions,
suits or other proceedings relate to the act or negligence of an officer, employee or agent of
Canada in the performance of his or her duties.
3. The Recipient further_agrees to indemnify and hotel the Government of Canada, its directors,
officers, employees and agents; for any inciderifai, itidiregt, speciafor cortsequeritial
damages, or any loss of use, revenue or profit, which fhe Government of Canada; ifs
directors,. officers, employees and agents may incur, otherwise than by reason of their own
negligence or wilful iniseonduct, as a result of or arising out of or in relafion to any breach by
the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful
misconduct.
4. The. Recipient acknowledges that the provisions of the Access fo information Act (Canada)
and the Privacy Act (Canada) and regulations thereunder bind the Govemment of Canada.
5. The Recipient acknowledges. that the Government of Canada is or will be the owner of
certain distinguishing marks comprised of designs; trademarks and official marks in relation
to ISF (the "Federal Licensed Marks's and the Recipient is subject tothe-requirements of
Section 13 (Communication. and Recognition) of this Agreement, with appropriate changes,
Page 23 of 44
ISF Contribution Agreement
in relation to the Federal Licensed Marks:.
6. No member of the House of Commons or of the Senate of Canada shall be admitted to any
share or part of any Contract, agreement or commission made pursuant to this Agreement
or to any benefit arising therefrom.
7. Notwithstanding any provisions of this Agreement, ail obligations of the Government of
Canada incurred by virtue of This Agreement shall be subject to the Financial Administration
Act{Canada).
8. Pursuant to the. requirements of the Canadian Environmental Assessment Act; the Recipient
will follow the general environmentatmitigation measures outlined in the document entitled
°Screening under the Canadian Environmental Assessment Act" and any Project-specific
environmental mitigation measures as communicated to the Recipient by the Government of
Canada.
9. The Recipient acknowledges and agrees that the Government of Canada may, in its sole
discre#ion,. exercise OMAFRA's right to monitor the Project, .perform audits and/or gather
data pursuanf to the terms and conditions of this Agreement.
i 0. The Recipient warrants that:
a) it has not, nor has any. person on its behaff, paid or provided or agree to pay or
provide, to any person, directly or indirectly, a commission, contingency fee or any
other consideration (whether monetary orotherwise)-that is dependant upon the
execution of the Agreement or the person arranging a meeting with any Public Office
Holder as defined in the Lobbying Act;
b) it will not, during the term of this Agreement; pay oc provide or agree to pay or
provide to any person, directly or indirectly, a commission, contingency fee or any
other consideration (whether.monetary orotherwise) that is dependant upon the
person arranging a meeting with any f ublic Oftice Holder;
c) any person who, for consideration, directly or indirectly,-communicated with or
arranged a meeting with any.Publict2ffice Holder, in respect of any aspect of this
Agreement, prior to the execution of the Rgreement, was in compliance-with-alt
requirements of the Lobbying Act-,
d} any person who, forconsideration,-directly or indirectly,-during the term of this
Agreementahd in respect of any aspect of this Agreement; communicates with or
arranges a meeting with. ariy Public Office Holder will be in compliance with all
requirements of the Lobbying Act and
e) at all7e[evarit time the Recipient has been; is and will remain in compliance with the
Lobbying Acf. -
Page 30 of 44
ISF Coritri6ution Agreemenf
SCHEDULE "F"
ADDITIONAL PROVISIONS"
The Government of Ontario and the Reciptent agree to the following additional provisions:
1. Further to Section 16 of Schedule "A", notice-can be given at the following addresses:
(a} -f to OMAFRA:
Ministry of Agriculture, Food and- Rural Affairs
1 atone Road West, 4"' Floor
Guelph, Ontario
N1G 4Y2
Phone: 1-888-46fr2372
Fax: (519) 826-4336
E-Mail: bcf.cc~ontario.ca
Attention: Dino Radoechia, Manager
(b) If to the Recipient:
City of Niagara Falls
Box 1023, 43100ueen St.
Niagara Falls, ON
L2E 6X5
Attention: John MacDonald, Chief Administrative Officer
2. Other provisions:
3. Other Reporting Requirements:
4. Useful Life of Project Infrastructure: [i.e., no. of years]
Page 31 of 44
1SF Contribution Agreement
SCHEDULE"G"
COMMUNICATIONS RE4UIREMENTS
Unless specified otherwise in Schedule "F", for the purposes of this Schedule "G" the Recipient
shall follow these communications requirements.
Purpose of Schedule
This Schedule describes the Recipient's responsibilities and financial obligations involved in the
joint communications activities and products for the Project to recognize the contributions of the
Govemment of Canada, the Govemment of Ontario and the Recipient.
General Principles
The Recipient agrees to work with ISF officials and other partners to undertake communication
activities for the Project in an open, effective and proactive manner, ensuring equal recognition
of all parties making a significant financial contribution to the Project.
All parties making a significant financial contribution to the Project will receive equal recognition
and prominence when logos, symbols, flags and other types of identification are incorporated
into events, signs and plaques unless OMAFRA specifies otherwise.
All events, signs and plaques will follow these Communications Requirements and any other
requirements that may be specified by OMAFRA from time to time.
Both official languages will be used for public information, signs and plaques in accordance with
the Official Languages Act
The Recipient may produce information kits, brochures, public reports and Web pages providing
information on the Project and Agreement for private-secfor interest groups, contractors and
members of the public. The Recipient will consult with the Governments of Canada and Ontario
in preparing the content and look of all such material. All communications referencing the
Governments of Canada and Ontario must be approved.
Events
The Recipient agrees that all Project-related milestone events, such as groundbreaking and
ribbon-cutting ceremonies, will be organized in cooperation with the Governments of Canada
and Ontario and any other parties making a significant financial-contribution to the Project.
The Recipient will coordinate a mutually agreeable venue, date and time for the event in light of
the availability of all participants. Unless agreed to ih advance, no event should take place
without of least fifteen (15) working days' notice to all Parties.
The Recipient may invite other elected officials and members of council. The Recipient should
also invite local interested parties, such as contractors, architects, labour groups, and
community leaders as early as possible, and in consultation with the Govemments of Canada
and Ontario, prior to the event.
Page 32 of 44
fSF Contribution Agreement
Alf written communications (invitations, public seiviee announcements, posters, etc.j must
indicate that the Project received Financial Assistance from the Governments of Canada and
Ontario under the ISF. The Governments of Ganada and Ontario will assist the Recipient in
developing an agenda, news release, eta All parties wiB approve and receive final copies.
Federal, provincial and municipal flags should also be on display at all ISF events:
The Table of Precedence for Canada, as established by Canadian, Heritage
(httpJlwww.pch.gaca/pgm/ceem-cced/prtcUpreeedenoe-eng.cfm), or some other mutually
acceptable protocol should be respected.
Signs and Plagues
The Recipient agrees to produce and install temporary and permanent Project signage to .
communicate the nature of the Project and the involvement of the Goverhments of Canada and
Ontario and the Recipient, as outlined in the tSF-Style Guide.
Generally, the Recipient must ensure that the design; wording and specifications for signage are.
in accordance with federal and provincial visual identity guidelines, available on the ISF website
at www.BCFontario.ca.
Temporary signs must be removed within 90 days of project completion.
Eligible Costs
The Recipient will pay the costs of preparing and delivering communications activities- and
products; including the organization of special events and the production of signage. These
costs are deemed to be Eligible Costs under the Agreement as specified below.
For the purposes of events, Eligible Costs include the following:
• Printing and mailing invitations
• Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks
• Draping for plaque unveNing
• Project material for display and/or media kit
• Temporary signage
• Rentals such as:
• flagpoles
• stage
• chairs
• podium
• PA system
The cost of certain items such as alcoholic beverages, china, #ehts, waiters, guest mileage or
'transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible
Costs.
For the-purposes of signage, Eligible Costs include the following:
Page 33 of 44
ISF Contribution Agreement
- Maximum costs of $2,250 for a small sign and $4,250 for a-large sign
- Maximum costs of $2,500 for a permanent plaque
Page 34 of 44
' i
1SF Contribution Agreement
SCHEDULE"H"
EXPENDITURE AND JOB CREATION REPORT
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Page 35 of 44
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1SF Contribution Agreement
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SCHEDULE "J"
FINAL REPORT
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Page 37 of 44
ISF Contribution Agreement
SCHEDULE"K"
SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
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Page 38 of 44
fSF Contribution Agreement
SCHEDULE"C"
ABORIGINAL CONSULTATION PROTOCOL
PART L.1
1:0 Responsibilities of the Recipient
1:1 The Recipient shall immediately notify Ontario:
(i) of contact by any Aboriginal Groups regarding the Project; or
(ii) if any Aboriginal archaeological resources are discovered in the course of the
Project,
and in either case, Ontario may direct the Recipient to take such actions,
including without limitation suspension of the Project, as Ontario may require. The
Recipient shall comply with Ontario's direction.
1.2 The Recipient shall provide in any contracts with third parties far the Recipient's right
and ability to respond to direction from Ontario as Ontario may provide in accordance with
section 1.1.
PART_L3.
1.0 Purpose
The purpose of-this Aboriginal Consultation Profocol is to set out the responsibilities of Ontario
and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to
delegate procedural aspects of consultation from Ontario to the Recipient.
1.1 Definitions
For the purposes of-this Schedule L.:
"S. 35 Duty" means any duty Ontario may have to consult and,. where appropriate,
accommodate Rboriginal Groups in relation to tfie Project flowing-from. Section 35' of the
Constitution Act; f982.
2.!} Responsibilities of Ontario
2.1 Ontario is responsible-for:
(i) determining the Aboriginal Groups to be consulted in relation to the Project; ff any,
and advising the Recipient of same;-
(ii) the preliminary and ongoing assessment of the depth of consultation required with
the Aboriginal Groups;
Page 39 of 44
!SF Contribution Agreement
(iii) at its discretion, delegating procedural. aspects of consultation to the Recipient
pursuant to this Agreement;
(iv) directing the Recipient to take such actions, including without limitation suspension
of the Project, as Ontario may require;
(v) satisfying itself, where it is necessary to do so, that the consultation process in
relation to the Project has been adequate and the Recipient is in compliance with
this Agreement; and
(vi) satisfying itself, where any Aboriginal or treaty rights and asserted rights of
Aboriginal Groups require accommodation; thaYAlioriginal Groups are appropriately
accommodated in relation to the Project .
3.0 Responsibilities of the Recipient
3.1 The Recipient hereby acknowledges that, for the purposes of any S. 35 Duty- home by
Ontario, the Recipient is Ontario's delegate and in this capacity is responsible for carrying out
the procedural aspects of consultation delegated to it by Ontario- pursuant to this Agreement.
3.2 The Recipient is responsible for:
{i) giving notice to the Aboriginal Groups regarding the Project, if such notice has not
already been given by the Recipient or Ontario;
{ii) informing the Aboriginal Groups about the Project and providing to the Aboriginal
Groups a full description of the Project unless such description has been previously
provided to them;
{iii) following up with the Aboriginal Groups in an appropriate manner to ensure that
Aboriginal Groups are aware of the opportunity to express comments and concerns
about the Project, including any concerns regarding adverse impacts on hunting;
trapping, fishing, plant harvesting or on burial grounds or archaeological sites of
cultural sign'rficance to the Aboriginal Community;
(iv). informing the Aboriginal Groups of the regulatory and approval processes that apply
to the Project of which the Recipient is aware after reasonable inquiry;
(v) maintaining the Aboriginal Groups on the Recipient's mailing lists of interested
parties for environmental assessment and other purposes and providing to the
Aboriginal Groups all notices and communications that the Recipient provides to
interested parties and any notice of completion;
(vi) making all reasonable efforts to build a positive relationship with the Aboriginal
Groups in relation to the Project;
{vii) providing the Aboriginal Groups with reasonable opportunities to meet with
appropriate representatives of the Recipient and meeting with the Aboriginal Groups
Page 40 of 44
i~F Confribution Agreement
to discuss the Project;
(viii) if appropriate, providing reasonable financial assistance to Aboriginal Groups to
permit effective participation in consultation processes for the Project;
(x) considering comments provided by the Aboriginal Groups regarding the potential
impacts of the Project on Aboriginal or treaty rights or asserted rights, including
adverse impacts on hunting, trapping, fishing; plant harvesting or on burial grounds
or archaeological sites of cultural sign~cance to an Aboriginal Community, or on
other interests, or any other concerns or issues regarding the Project;
(xi) answering any questions to the extent of the Recipient's ability and receiving
comments from the Aboriginal Groups, notifying Ontario of the nature of the
questions or comments received and maintaining a chart showing the issues raised
by the Aboriginal Groups and any responses the Recipient has provided;
(xii) where an Aboriginal-Community asks questions regarding the Project directly of
Ontario, providing Ontario with the information reasonably necessary to answer the
inquiry, upon Ontario's request;
(xiii) subject to section 3.2 (xiv), where-appropriate, discussing.with the Aboriginal Groups'
potential accommodation; including mitigation of potential impacts on Aboriginal. or
treaty rights, .asserted rights or associated interests regarding. the Project .and
reporting to Ontario any comments or questionstrom the Aboriginal Groups that
relate to potential accommodation or mitigation of potential impacts;
v'' (xiv)' consulting with- Ontario during all discussions with Aboriginal Groups regarding
accommodation measures; 'rf applicable, and presenting to Ontario- for the purposes
of section 2.1 (v) hereof, the results of such discussions prior to implementing any
applicable-accommodation measures; and
(xv} complying with Ontario's direction to take any actions, including without limita#ion
suspension of the Project, as Ontario may require. .
3.3 The Recipient hereby acknowledges that, notwithstanding Section 3.1 above, Ontario, any
provincial ministry having an approval role in relation to the Project, or any responsible
regulatory body, official, or provincial decision-maker, may participate in the matters and
processes enumerated therein as they-deem necessary.
3:4 The Recipient will carry out the following functions in relation to record keeping; information
sharing and reporting to Ontario:
(i) provide to Ontario, upon request, complete and accurate copies of alt documents
provided to the A[aoriginat Groups in relation to tha Project;
(ii) keep reasonable business records of all: its activities in relation to consultation and
provide Ontario with complete and accurate-copies of such records upon request
(iii) provide Ontario with timely notice of any Recipient mailings to, or Recipient
Page 41 of 44
YSF Contribution Agreement
meetings with,. the representatives of any Aboriginal Community in relation to the
Project;
(iv) immediately notify Ontario- of any contact by any. Aboriginal Groups regarding the
Project and provide copies to Ontario of any documentation received from Aboriginal
Groups;
{v) advise Ontario in a timely. manner of any potential adverse impact of the Project on
Aboriginal or treaty rights or asserted rights of which it becomes aware;
{vi) immediately notify Ontario i# any Aboriginal archaeological
resources.are discovered in the course of the Project;
{vii) provide Ontario with summary reports or briefings on alt of its activities in relation to
consultation with Aboriginal Groups, as may be requested by Ontario; and
(viii) if applicable, advise Ontario if the Recipient and an Aboriginal Community propose to
enter into an agreement directed at mitigating or compensating for any. impacts of the
Project on, Aboriginal or treaty rights or asserted. fights:
3.5 The Recipient shall, upon request lend assistance to Ontario by filing records and
other appropriate evidence of the activities undertaken. both by Ontario and by the Recipient in
consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other
hearings; and making both written and oral .submissions, as appropriate, regarding the
fu~illment of Aboriginal consultation responsibilities by Ontario and by the Recipient, to the
relevant regulatory or judicial decision-makers.-
4.0 No Implick Acknowledgement
4.1 Nothing in this Agreement shalt be construed as an admission, acknowledgment,
agreement or concession by Ontario or the Recipient, that a S. 35 Dury applies in relation to
the Project, nor that any :responsibility set out herein is, under the Constitution of Canada,
necessarily a mandatory aspect or requirement of any S. 35 Duty, nor that a particular aspect
of consultation referred to in Section 3.1 hereof is an aspect of the S. 35 Duty that could not
.have lawfully been delegated to the Recipienthad the Parties so agreed.-
5.0 General
-.
5.1 This Agreement. shall be. construed consistently with but does not substitute for any
requirements or procedures in relationlo Aboriginal consultation or the S, 35 Duty-that maybe
imposed by a ministry, board, agericy or other regulatory decision-maker acting pursuant to
laws and regulations. Such decision-makers- may have additional obligations or requirements.
Nonetheless, the. iritent of Ontario is to promote coordination among provincial ministries,
boards and agencies. with roles in consulting :with Aboriginal Groups so that the responsibilities
outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent
possible; duplication of effort by Aboriginal- Groups, the Recipient, Ontario, and provincial
ministries; boards, agencies. and other regulatory decision-makers.
Page 42 of 44
,~
!SF Confifbution Agreement
6.0 Notice and Contact
6.1 Ali notices to Ontario pertaining to this Schedule shall be in writing and shad be given by
facsimile or other means of electronic transmission or by hand or courier delivery. Any notice to
Ontario shall be addressed as follows:
Miriistry of Agriculture, Food and Rural Affairs
1 Stone Road West, 4m Floor
Guelph, Ontario
Ni G 4Y2
Phone: 1-888-466-2372
Fax: (519) 826-4336
Email: bcf.cc~ontario.ca
Attention: Dino Radocchia, Manager
Page 43 of 44
tSF Contribution Agreement
Page 44 of 44
CITY OF NIAGARA FALLS
By-law No. 2009 -
A by-law to authorize the execution of an Agreement with Her Majesty the Queen in right of Canada,
respecting the Accreditation Program for the City's Drinking Water Systems.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
L An Agreement dated September 2, 2009 and made between Her Majesty the Queen in right
of Canada, as represented by the Minister ofPublic Works and Government Services acting through
the Canadian General Standards Board, as Canada, and the City, as the Operating Authority,
respecting the Accreditation Program for the City's Drinking Water Systems, as attached hereto, is
hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Agreement.
Passed this fourteenth day of September, 2009.
........................................................
DEAN IORFIDA, CITY CLERK
R. T. (TED) SALCI, MAYOR
First Reading: September 14, 2009.
Second Reading: September 14, 2009.
Third Reading: September 14, 2009.
THIS AGREEMENT made in triplicate as of the 2nd day of September, 2009.
BETWEEN Her Majesty the Queen in right of Canada, as represented
by the Minister of Public Works and Government Services
acting through the Canadian General Standards Boatd
(hereinafter referred to as "Canada") -
AND The Corporation of the CiTy of Niagara Falls
(hereinafter "the Opemting Authority")
AGREEMENT FOR THE ACCREDITATION OF THE OPERATING
AUTHORITY OF Mi7NICIPAL DRINKING WATER SYSTEMS
WHEREAS Canada, as represented by the Minister of Public Works and
Government Services, has made the Canadian General Standards Board (hereinafter "the
CGSB") responsible for the adminishation of certain accreditation programs;
AND WHEREAS the CGSB has further to its mandate established an
accreditation program for the purpose of ascertaiuiug whether a party is capable of
meeting the requirements under the Accreditation Program for Operating Authorities of
Municipal Drinking Water Systems (hereinafter "the Accreditation Program");
AND WHEREAS the Operating Authority wishes to participate in and be listed
under the Accreditation Program with respect to those of its Drinking Water Systems that
are listed in the attached Schedule "B";
AND WHEREAS the Operating Authority has made an Application to Canada
representing that its services meet the requirements of Ontario's Drinking Water Quality
Management Standard (hereinafter "the Standard") as well as the Program Handbook for
the Accreditaton of Operating Authorities -Municipal Drinking Water Systems
(hereinafter "the Handbook';
AND WHEREAS Canada is prepared to list the Opemting Authority under the
Accreditation Program upon the terms and condiflons and for the consideration set out
herein;
NOW T]~REFORE, in consideration of the premises and of the mutual
covenants and agreements hereinafter set forth, Canada and the Operating Authority
(hereinafter collectively "the Patties") agree as follows:
1. This- non-exclusive Accreditation slrall be for a term of three (3) years
commencing the 23rd day of Tune 2009 and expiring on the 23`d day of Tune 2012.
2. The following listed documents form part of and are incorporated into this
Agreement as fully and effectively as if they were set forth at length in this
Agreement:
a. These articles of Agreement;
b. Schedule "A" - "Operating Authority's Application for Accreditation";
a The Handbook
d. Schedule "B" - "Operating Authority's Drinking Water Systems and
Facilities".
In the event of any discrepancies, inconsistencies or ambiguities in the wording of
these documents, the wording of the document that first appears on the above list
shall prevail.
In the event that a document on the above list is internally inconsistent or
ambiguous, the wording that first appears in the document shall prevail over any
subsequent wording in the document.
Application
3. Canada declares, and the Operating Authority acknowledges, that Canada's
decision to enter into this Agreement is based in part upon the Operating
Authority's representations and undertakings that are set out in the Operating
Authority's Application for Accreditation submitted by the Operating Authority.
Listinc in the Accreditation Program
4. Dxuing the term of this Agreement and subject to the conditions set out herein,
Canada shall list the Operating Authority as a participant in the Accreditation
Program provided that the Operating Authority satisfies on an ongoing basis the
terms, conditions and other requirements of the Agreement of the Accreditation
Program as detailed in the Handbook.
5. The Operating Authority agrees and covenants that it will comply with and
perform all its obligations in accordance with the terms, conditions,
specifications, representations; undertakings and other requirements of this
Agreement, the Standard and the Handbook, during the term of this Agreement
and fox all its drinking water systems and facilities listed at Schedule "B", which
may be amended from time to time through mutual agreement of CGSB and the
Operating Authority, including taking responsibility for ensuring that:
a. the Operating Authority continues to respect the representations made in the
Operating Authority's Application for Accreditation (Schedule "A")
throughout the term of this Agreement; and
b. the Operating Authority reports to the CGSB, without any delay, any changes
to its operations, facilities and procedures, or any other changes relaflve to its
representations made in the Operating Authority Application for Accreditation
(Schedule "A").
6. Canada also reserves the right to change the Handbook at any time. If Canada
amends the Handbook, the Operating Authority will be notified Uxat a new
revision of the Handbook has been released, and it will be the sole responsibility
of the Operating Authority to retrieve and implement the most current revision of
the Handbook. If required, the Operating Authority will be given reasonable time
to implement associated changes to its operations, facilities and procedures that
are needed to conform to these amendments. After this time, Canada may require
that the Operating Authority confirm in writing that it conforms to the revised
Handbook. Failure to bring a listed facility into conformance with the revised
Handbook within the time given for implementation shall be, at the option of
Canada, either grounds for de-listing ox a default under this Agreement.
7. Similarly, the Province of Ontario may amend the Standard at any time. It is the
sole responsibility of the Operating Authority to ensure that they monitor and
conform to the most current revision of the Standard. If required, the Operating
Authority will be given reasonable time to implement associated changes to its
operations, facilities and procedures that are needed to conform to these
amendments. After this time, Canada may require that the Operating Authority
confirm in writing that it conforms to the revised Standard. Failure to bring a
listed facility into conformance with the revised Standard within the time given
for implementation shall be, at the option of Canada, either grounds for de-listing
or a default under this Agreement.
Withdrawal and/or Terminafion by the Operating Authority
8. The Operating Authority may, at any time, inform Canada in writing that it is
withdrawing from the Accreditation Program. The Operating Authority shall no
longer use the CGSB accreditation number. Upon the Operating Authority's
formal withdrawal from the Accreditation Pmgmm, Canada shall not be obligated
to repay any payment or portion of any payment made by the Operating AuthoriTy
that corresponds to a period of time extending beyond the withdrawal from the
Accreditation Program.
The Operating Authority may, at the option of the Operating Authority, terminate
this Agreement by giving sixty (60) days' written notice to Canada in the manner
set forth and at the address listed at Article 28.
Si¢niScance of Accreditation
9. The Operating Authority understands and agrees that Canada's execution of this
Agreement and Canada's listing of the Operating Authority as a participant in the
_ Accreditation Program means that the Operating Authority has demonstrated to
the satisfaction of Canada that it is capable of conforming to the requirements of
the Handbook and those of the Standard. The Operating Authority shall make no
other implied or express representations as to the meaning of such a listing. The
Operating Authority understands and agrees that the listing of the Operating
Authority under the Accreditation Program in no way relieves the Operating
Authority of the duty to uphold the laws and regulaflons applicable to the industry
and to maintain a continuing, systematic and diligent program and a~quality
management system to ensure that the Operating Authority meets or exceeds the
requirements of the Handbook and the Standard.
Agreement to use the CGSB Accreditation number
10. Duting the term of this Agreement and subject to the terms and conditions set out
herein, Canada hereby grants the Operating Authority the right to use the CGSB
awreditafion number in accordance with Section 10 of the Handbook, "Use of the
CGSB name and Accreditation number".
11. Canada shall have the right to preview and approve the use of its name, the CGSB
accreditation number or any other representation of its Accreditation Program
before publicaflon, printing or other use by the Operating Authority. This right
includes the right to preview any other claim or representation made by the
Operating Authority in or on advertising, promotional materials or labels that
have not been assessed and listed by Canada.
12. The Operating Authority acknowledges that the CGSB accreditation number is
the exclusive property of Canada and that all use of the CGSB accreditation
number by the Operating Authority shall inure to the benefit of Canada. If Canada
notifies the Operating Authority that it objects to a use of the CGSB accreditation
number by the Operating Authority, the Operating Authority will have to cease
such use immediately. The Operating Authority agrees that it will do nothing
inconsistent with Canada's ownership of and title to the CGSB accreditation
number, or with the rights provided to the Operating Authority under this
Agreement regarding the CGSB accreditation number. Nothing in this Agreement
shall give the Operating Authority any right, title or interest in the CGSB
accreditation number other than the right to use the number in accordance with
this Agreement.
13. The failure of the Operating Authority to conform to the terms, conditions and
covenants contained in this Agreement shall entitle Canada, acting reasonably at
its sole discretion, to terminate the Agreement. The Operating Authority agrees
that the breach of any term, condition or covenant contained in Section 10 of the
Handbook, "Use of the CGSB name and Accreditation number", or Articles 10 to
13 of this Agreement, or any use of the CGSB accreditation number without
Canada's prior consent, will cause irreparable injury to Canada. The Operating
Authority therefore agrees, in the event of any such breach, and notwithstanding
any provision to the contrary in this Agreement, that it will not oppose Canada's
request to a court of competent jurisdiction for injunctive relief preventing the
Operating Authority's continued use of the CGSB accreditation number.
14. The Operating Authority shall immediately notify Canada of any apparent
infringement of ox challenge or claim by any person relating to the CGSB
accreditation number. Canada shall have the exclusive right to control as it sees
fit, in its sole discretion, any settlement, litigation or other proceeding relating to
such infringement, challenge or claim or otherwise relating to the CGSB
accreditation number.
Accreditation Pro ram Fees
15. Each year during the term of this Agreement, in consideration of the
non-exclusive accreditation granted by Canada hereby, and in consideration of
Canada's activities relating to its management of the Accreditation Program and
its listing of the Operating Authority as a participant, the Operating Authority
shall pay to Canada fees and charges as detailed at Section 9, "Costing", of the
Handbook.
16. Payment of the said fees and charges shall be made in the manner set forth at
Section 9, "Costing", of the Handbook.
Interest on Late Payments
17. The Operating Authority shalt be liable to pay to Canada simple interest at the
Bank Rate, plus one and one quarter percent (1.25%), on any overdue amount
from the date such amount became overdue until the date prior to the date of
payment, inclusively.
18. For the purposes of Article 17
a. an amount is "due and payable" when it is due and payable by the Operating
Authority to Canada pursuant to the terms of this Agreement;
b. an amount is "overdue" when it is unpaid on the fast day following the day
that it is due and payable;
c. "date of payment" means the date on which the payment of the fees and
charges detailed in Section 9, "Costing", of the Handbook is received by
Canada; and
d. "Bank Rate" means the prevailing discount rate of interest set by the Bank of
Canada at the opening of business on the date the amount of the fees and
charges detailed in Section 9, "Costing", of the Handbook become overdue.
Termination for Default
19. Canada may terminate this Agreement upon giving written notice to the Operating
Authority in the event that
a. the Operating Authority fails, refuses or neglects, or is unable to comply with
any of the provisions of this Agreement;
b. the Operating Authority fails to comply with the provisions of its Application
for Accreditation (Schedule "A");
a the Operating Authority fails to comply with the requirements of the Standard
or the Handbook;
d. the Operating Authority fails to respect any of the time periods stipulated,
referred to or set in accordance with this Agreement; or
e. any amount payable by the Operating Authority to Canada under the terms of
this Agreement remains unpaid for more than sixty (60) days.
20. This Agreement shall terminate without notice, and all rights accorded to the
Operating Authority under this Agreement shall be terminated, if the Operating
Authority
a. applies for or consents to the appointment of a receiver, receiver manager,
trustee or liquidator for itself or any of its property;
b. is unable or admits its inability to pay its debts as they become due;
c. makes a general assignment for the benefit of creditors;
d. is adjudicated bankrupt or insolvent; or
e. files a voluntary pefltion in banlavptcy or a petition seeking reorganization or
aaangement with creditors; takes advantage of any insolvency law; admits to
the material allegations of a petition filed against it in. any bankruptcy,
reorganization or insolvency proceeding; initiares a corporate action to effect
any of the foregoing; or if an order is made or a resolution passed for the
winding up of the Operating Authority.
21. The Operating Authority shall be liable to Canada for all loss and damage that
may be suffered by Canada by reason of any default on the part of the Operating
Authority.
22. Notwithstanding anything herein to the contrary, upon termination of this
Agreement for any reason of default by the Operating Authority, all fees and
charges that are owing pursuant to the terms of this Agreement shall immediately
become due and payable, and in no event shall Canada become obligated to repay
any payment made or any portion of a payment that has been made and that
corresponds to a period of time that extends beyond the date of termination by
reason of default.
Termination by Canada
23. Canada may, at the option of Canada, and in addition to the provisions of
Article 20 herein, terminate this Agreement by giving sixty (60) days' written
notce to the Operating Authority in the manner set forth and at the address listed
at Article 2S.
24. In the event Canada terminates this Agreement for any reason other than the
Operating Authority's default in respecting any of its obligations hereunder, the
annual Program Management charges will be prorated according to the number of
days of the then current year during which this Agreement is in effect, and the
remaining portion for that year will be reimbursed to the Operating Authority. In
the event, however, that the Operating Authority terminates ibis Agreement
pursuant to Article 8 hereof; then the Operatng Authority shall not be entitled to
any reimbursement.
Indemni
25. Without limiting Canada's remedies and recourses at law, the Operating
Authority covenants and agrees to indemnify and save harmless Canada, the
Minister of Public Works and Government Services Canada and their servants
and agents from and against
a. any damages, costs of expenses or any claim, action, suit or other proceeding
that they or any of them may at any time incur or suffer as a result of or
arising out of any injury to persons (including injuries resulting in death) or
loss of or damage to property of others that may be or be alleged to be caused
by or suffered as a result of
i. the Operating Authority's operations, facilities and procedures;
ii, the provision of a service by or for the Operating Authority and in
connection with which the CGSB accreditation number is used, whether
such use is authorized or unauthorized; or
iii. any other act or omission of the Operating Authority;
b. any and all liability, loss, cost, damages, legal fees and expenses of whafever
kind or nature that Canada may sustain or incur by reason or in consequence
of any act or omission of the Operating Authority in respect of the right
granted herein to use the CGSB accreditation number or display the certificate
issued by Canada, or the right to use or the use of the CGSB accreditation
number in connection with any product and/or facilities, whether authorized
or unauthorized; and
a any reasonable costs that may be sustained or incurred by Canada in making
any investigation on account of any such liability, loss, cost, damage, legal
fees or expenses in defending or prosecuting any action, suit or other
proceeding that may be brought in connection therewith or in obtaining a
release from liability in connection therewith, or in enforcing any of the
obligations herein contained.
Canada shall give notice to the Operating Authority of any claim, action, suit
or proceeding refereed to above. To the extent requested by the Attorney
General of Canada, the Operating Authority shall, at its own expense,
participate in or conduct the defense of any such claim, action, suit or
proceeding and any negotiations for settlement of the same, but the Operating
Authority shall not be liable to indemnify Canada for payment of any
settlement unless it has consented to the settlement.
Assi¢nment
26. This Agreement is personal to the Operating Authority and shall not be assigned
or otherwise encumbered by the Operating Authority or by operation of htw, in
whole or in part. Any purported assignment or encumbrance of this Agreement by
the Operating Authority shall be null and void.
Time is of the Essence
27. Time shall be of the essence of this Agreement.
ftotice
28. a. Any notice shall be in writing and may be delivered by hand or sent by a-mail,
by courier, by registered mail or by facsimile or other electronic means that
provides a paper record of the text of•the notice, and addressed to the Party for
whom it is intended at the address set out below. Any notice shalt be deemed
to be effective on the day it is received at that address.
For the Operating Authority, to:
DWQMS Coordinator
The Corporation of the City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
For Canada, to:
Manager, Conformity Assessment Division
Canadian General Standazds Board
I1 Laurier Street, Place du Portage
Phase III, 6B 1
Gatineau, Quebec
(Canada)
ffiA iG6
b. Either party may, by written notice to the other, change its address for
purposes of this article. In the event that any notice sent to the address set out
in this article, or in the latest address change notice received by the party
sending the notice, shall be returned undelivered by reason of the fact that the
party to whom it was addressed has moved ox does not occupy the designated
address, such notice shall nevertheless be deemed to have been received by
such party on the date it was sent.
Miscellaneous
29. This Agreement shall be governed by and construed in accordance with the laws
in effect~in the Province of Ontario.
30. No member of the House of Commons shall be admitted to any share or part of
this Agreement or to any benefit to arise therefrom.
31. a. The Operating Authority certifies that it has not, directly or indirectly, paid or
agreed to pay and agrees that it will not, directly or indirectly, pay a
contingency fee for the solicitation, negotiation ox obtaining of the Agreement
to any person other than an employee of the Operating Authority acting in the
normal course ofthe employee's duties.
In this article,
"contingency fee" means any payment or other compensation that depends or
is calculated on the basis of a degree of success in soliciting, negotiating or
obtaining the Agreement, and "person" includes any individual who is
required to file a return with the Commissioner of Lobbying pursuant to
section 5 of the Lobbying Act, 1985, c. 44 (4th Supp.);
"employee" means a person with whom the Operating Authority has an
employer-employee relationship; and
"person" means an individual or a group of individuals, a corporation, a
Partnership, an organization, an association and, without restricting the
generality of the foregoing, any individual who is required to file a return with
the Commissioner of Lobbying pursuant to secflon 5 of the Lobbying Act,
1985, c. 44 (4th Supp.) as the same may be amended from time to time.
b. All accounts and records of the Operating Authority pertaining to payment of
fees or other compensation for the solicitation, negotiation or obtaining of this
Agreement shall be open to audit, inspection and examirrafion by the
authorized representatives of the CGSB, who may make copies and take
extracts therefrom. The Operating Authority shall provide all facilities for
such audits and inspections and shall furnish all such information as the
representatives of the CGSB may from time to time require with respect to
such accounts and records
c. If the Operating Authority certifies falsely under this article or is in default of
the obligations contained herein, the CGSB may either ternunate this
Agreement for default in accordance with the termination for default
provisions of the Agreement or recover from the Operating Authority the full
amount of the contingency fee.
32. a. Persons in Canada, and Canadians outside of Canada, are bound by economic
sanctions imposed by Canada. Details on existing sanctions can be found at
www. dfait-maeci. ga ca/4ade/sanctions-en. asp.
b. The Operating Authority undertakes and agrees that it will, in the performance
of this Agreement, comply with any such regulations than aze in force on the
effective date of the Agreement.
c. The Operating Authority must comply with changes to such regulations
imposed during the period of the Agreement. The Operating Authority must
immediately advise Canada if it is unable to abide by the terms of the
Agreement or the other documents listed at Article 2 of this Agreement, as a
result of the imposifloa of economic sanctions against a country or person or
the addition of a good or service to the list of sanctioned goods ox services. If
the Parties cannot agree on a workaround plan, the Agreement will be
tenniuated.
33. This Agreement represents the entire agreement between Canada and the
Operating Authority relating to the subject matter of the Agreement and
supersedes all previous negotiations, communications and other agreements,
whether written or oral, relating to it, unless they are incorporated by reference in
the Agreement. There are no temrs, covenants, representations, statements or
conditions binding on the Parties other than those contained in the Agreement.
34. This Agreement shall inure to the benefit of, and shall be binding upon, the
successors and permitted assignees of Canada and of the Operating Audrority.
35. All of the Operating Authority's representations and warranties set out in this
Agreement as well as the provisions concerning indemnity against third party
claims shall survive the expiry of the Agreement or the termination of the
Agreement for default, for convenience or by mutual consent, as shall any other
provision of the Agreemem that, by the nature of the rights or obligations set out
therein, might reasonably be expected to be intended to so survive.
36. No amendment or modification to this Agreement shall be valid and binding
unless it is incorporated into the Agreement by written amendment executed by
the authorized representatives of both Canada and the Operating Authority.
37. No waiver shall be valid, binding or affect the rights of the Par[ies unless their
respective authorized representatives make it in writing. The waiver by a Parry of
a breach of any term or condition of the Agreement shall not prevent the
enforcement of that term or condition by that Pary in the case of a subsequent
breach, and shall not be deemed ox constitute a waiver of any subsequent breach.
Every right, remedy, power and discretion vested in or acquired by Canada under
this Agreement or by law shall be cumulative and non-exclusive.
IN WITNESS WHEREOF this Agreement has been duly executed on behalf of HER
MA7ESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister
of Publics Works and Government Services acting through the Canadian General
Standards Board, and has been duly executed on behalf of The Corporation of the
City of Niagara Falls, the Operating Authority, by its duly authorized officers
effective the day and year first above written.
MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES
(as represented by and acting through the Canadian General Standards Board)
CGSB Manager, Conformity Assessment Division
OPERATING AUTHORITY
THE CORPORATION OF THE CITY OF NIAGARA FALL5
Per:
R. T. (Ted) Salci, Mayor
Dean Iorfida, City Clerk
Date
SCHEDULE "A"
APPLICATION AND UNDERTAKING
Asper the signed application dated the 28th day of April, 2009.
10
SCFIEDULE °`B"
DRINKING WATER SYSTEMS AND FACILITIES
Drinking Water Syatem Name(s) /Address(es):
Accreditation Number: OAP-068
Drinking-Water System Address:
The Corporation of the City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
I1
CITY OF NIAGARA FALLS
By-law No. 2009 -
Aby-lawto authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited,
Canadian Tire Real Estate Limited, McLeod Squaze Inc., Cookshire Developments Inc., Hamburg
Honda Corporation, Scott Group of Companies Inc., Pinewood Homes (Tara) Ltd., the Regional
Municipality of Niagara and the City ofNiagara Falls, respecting the funding of road improvements
at the McLeod Road and Queen Elizabeth Way interchange.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreementmade between Oakwood Place Shopping Centre Limited, Canadian Tire Real
Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation,
Scott Group ofCompanies Inc., Pinewood Homes (Tara) Ltd., the Regional Municipality ofNiagaza
and the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and
Queen Elizabeth Way interchange, as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Agreement.
Passed this fourteenth day of September, 2009.
........................................................
DEAN IORFIDA, CITY CLERK
.................................................
R. T. (TED) SALCI, MAYOR
First Reading: September 14, 2009.
Second Reading: September 14, 2009.
Third Reading: September 14, 2009.
From: "Jim Diodati" <jdiodati@cogeco.ca>
To: "Dean lorfida" <diorfida@niagarafalls.ca>
Date: 9/14/2009 12:19 PM
Subject: Fw: Open Letter to Citizen of Niagara
Attachments: Open Letter.rtf; Print Schedule oct.pdf; Print Schedule sept.pdf
Dean, could you please give one of these to each member of City Council.
Thanks, JD
Jim Diodati
P THINK GREEN....
Do you really have to print this message?
-----Original Message -----
From: Paul Dobrovolskis
To: Craitor_Kim-MPP-CO ;jdiodati@cogeco.ca ;Ray Spiteri ; ccho@chch.ca
Sent: Sunday, September 13, 2009 9:50 PM
Subject: Open Letter to Citizen of Niagara
An Open Letter to the Citizens of the Niagara Region
The Greater Niagara General Hospital Emergency Physician Group has been one of the most constant
and reliable groups in Canadian emergency services, provided dedicated and quality care for the citizens
bf the Niagara Region for overtwenty-five years. We have the distinction in the Niagara region of having
the lowest wait times, best patient satisfaction rates and service to the citizens of Niagara.
Our physicians have been dedicated in providing the Niagara community with specialized services such
as, the Regional Stroke Treatment Center, the Regional Chemical Biological Disaster Decontamination
Unit, the site of the Base Hospital Program which provides advice and training to paramedics in the region
as well as providing charitable medical services in the third world. This emergency department handles
more patients than any other emergency department in the region all with one of the most experienced
and longest serving group of physicians in Niagara. The emergency physicians in Niagara Falls have long
ties to the community and have served the community with pride, ensuring the best possible emergency
care for the patients of this growing region.
Despite this, the department has been under constant attack by it's own administration on a professional
and personal level.
The agenda of the NHS administration is unclear, even after the token dismissal of the former chief of
-staff and the promise of transparency, accountability and cooperation with the medical staff, the NHS has
only become more entrenched in a restructuring plan that is covert and kept hidden from the public as well
as the staff of the NHS.
Over the last one and a half years the NHS has kept a private for-profit physician temporary agency on
retainer, at a cost of $20,D00 per month. This company would provide physicians at significant cost to the
NHS to replace the current emergency physicians in the event the physicians would not comply with NHS
restructuring.
During this same time, the emergency doctors of the GNGH have been frustrated by bed closures, cuts to
nursing and practical nursing staff, sudden and unexplained closure of services such as pediatrics,
obstetrics and mental health without warning or explanation. The GNGH is dying a slow death by cuts that
will transfer the bulk of services away from our hospital and the people it serves to other facilities in
locations that do not serve the community's interests.
The latest blow to the emergency department physicians is the demand to dismantle a stable schedule for
our emergency doctors and, bring in contract physicians by September 15th 2009, this despite no proof of
benefit and great cost to the region. The real issues of bed and nursing staff shortages are being ignored.
Staffing-more physicians per shift might appear to reduce wait times in the emergency department but in
practice will not be effective. The long wait times do not currently result from the number of available
doctors but, are due to the number of patients that are held in the department, waiting for a bed to be
admitted into. The staffing model in use by the emergency physicians has provided stability in emergency
room physician coverage unrivaled in the region, and continuity of care. Over the past years the NHS
administration have cut nurses and closed beds, increasing the patient wait times. Adding more doctors.
will not solve this issue unless additional beds and nursing support are also made available. The
emergency physicians have been given an ultimatum to sign on to the new model or leave and be
replaced by temporary agency doctors. Agency doctors and their private for-profit company are
guaranteed payment and "top-ups"; there is little incentive for them to reduce wait times. The current
physicians do not bill the NHS and, have no top-ups or extra fees. They bill the Ministry of Health only for
the services they provide, no service charges or administrative costs and, create no extra financial burden
for the regional health care budget.
We are also faced with uncertainty as to what kind of hospital Greater Niagara General will be in the next
months. Unexpected closures of pediatrics, obstetrics an gynecology, and psychiatry have left the
emergency physicians scrambling to find places for patients in other hospitals, far from their homes in
nagara. With other reductions in services patients languish in stretchers in the emergency room often for
days and to help reduce the burgeoning $110 million dollar deficit of the NHS
Despite our long record of service to the community, our record of performance above the benchmarks
within the Niagara Health System, lowest level of complaints and shortest wait times and the dedication of
the Emergency Physicians of the Greater Niagara General Hospital, the Niagara Health System
administration appears committed to-the dismantling of our hospital emergency department.
After careful discussion we feel that we can no longer partner with the NHS and have lost confidence in
the leadership of the Emergency Department and Overall Administration of the Niagara Health System.lt
is with great sadness and frustration that we announce we can no longer participate in providing
scheduled coverage of the Emergency Department of The Greater Niagara General Hospital as of 8:00
AM on the 1 st of October 2009. We will provide full coverage until then and have offered to assist in
providing services to the community by covering some shifts far a transition period to fill the voids left by
our departure.
We realize the impact this will have on the quality of care in the region, the potential loss of The Stroke
Treatment Program and Chemical Biological Disaster Decontamination Unit as well as community
participation we have enjoyed, but we feel we have no other option.
We wish as a group to express our thanks and deepest sentiments to our nurses, fellow physicians and
community that have strived to build this hospital into the bright light of the NHS and supported us over
these many decades.
With Deepest Regrets,
Dr. P. Dobrovolskis Dr. Kevin Speight
Print Schedule
GNGH ER MD October 2009
13/09/09 8;19 PM
Monday
5
GNGN
08:00 Hanmiah , R
1400
:W
20:00 Lee , B TLesday
6
GNGH
08:00 ~
tz:oo smgn ,r
20:00 Henmiah . R
2U:00 Henndah~ ednesday
7
GNGH
08:00 ^s`
laoo
20:00 Hanmieh , R
20:00 Hann'ahYR M ] Thursday
GNGH
08:00 Alhusmi , M
12:00 Singh ,1
20;Op Hanmiah . R
8
CNGy
08:00 Sulikowaki , A
Ixoo
20:00
02:00 Heumiab . R ~ Pddey
GNGH
8:00
12:00
20:00
9
CNCH
08:00 Ice , H
Iaoo
20:00
00:00 Singh , I SaNNay ~~
GNGH
08:00 Abdolhady , M
12:00
1A:00
f0
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Hg:IXI Lee , B
Iz:oo
20:00
20:00 svnday
GNGH
08:00 Hanmiah , A
12;00
20:00
11
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08:00
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20:00
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Print Schedule
GNGH ER MD September 2009
13/09!09 8:19 PM
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1800 MunFJa , D
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12:00 Abdalbad M OS:Op Dobrovoskis , P
12:00 AbdoBUd
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P 20:00 O
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08:011 Mazwm , T
1200 Jelle A
20:00 La B
26
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08.00 Hanndah , R
12:00 Cha man , K
20:00 Lee , B
29
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08:00 Hanmiah , R ~
1200
1A:00 Hlemstra , R
30
GNGH ,
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08:00 Hasris , D ~~ 08:00 Hartis , 0 08.00 Oladipo , P g:pp
12:00 Alhuseri , M 12:00 Milne , K ~ 12:~ 12:00
20_00 Hsnmiah~R 20:00 Sing11 . l 2000 Alhusan . M 20:00 Alhusazi , M
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08:00 RicheMs , C
12:00 Sidky , N
20:00 Singh ,1 08:00 Ixe , B
1200 Vmsi0mf , L
:00 Sivgh , 7 08:00 Lee , B
12:00 Brown , S
20:00 Hanmiah . R
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