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Additions 2009/12/14Y ADDITIONS TO COUNCIL. MONDAY. DECEMBER 14. 2009 CORPORATE SERVICES 1. CPS-2009-012 -General Insurance Program 2010 2. CPS - 2009-013 -Niagara Falls Humane Society COUNCIL PLANNING MATTERS 1. PD-2009-100 - AM-2009-022, 4901 and 4907 Ontario Avenue. Proposed Cottage Rental Dwellings a) Correspondence from Vijay Kapur COMMUNICATIONS 1. Taps Brewery -request for closure of the City-owned right of the way. -and- Memo from Bob Bolibruck RECOMMENDATION: For the approval of Council subject to proper insurance and passing of the by-law 2009-200 later on the agenda. BY-LAWS Additional By-laws 1. 2009-198 A by-law to hereby authorize the Mayor and Chief Administrative Officer to executethe CommunityAdjustment Fund ("CAF")Agreement between Her Majesty the Queen in right of Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister"), and the Corporation of the City of Niagara Falls (the "Recipient"). 2. 2009-199 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 3. 2009-200 A by-law to temporarily remove the public right of passage over a highway. NiagarafaIls CANAAA CPS-2009-012 December 14, 2009 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Corporate Services SUBJECT: CPS-2009-012 General Insurance Program 2010 RECOMMENDATION 1) That Council authorize staff to designate Frank Cowan Company Limited as the preferred proponent for the General Insurance Program for the City of Niagara Falls, and the Niagara Falls Library Board, 2) That staff negotiate with the preferred proponent, as per the Request for Proposal (RFP), to conclude the terms of a one year contract for the General Insurance Program at an upset limit of $1,385,407. plus applicable taxes, composed of: City $ 1,341,158. As per proposal, Library $ 42,749. As per proposal, plus Library $ 1,500. Fora $5,000,000 increase in Limit of Liability 3) That the proposed 2010 General Insurance Program be subject to annual renewal based on satisfactory performance and Council approval, 4) That staff investigate alternative insurance programs that would reduce the overall costs to the City for insurance premiums, risk management, and claims handling to be incorporated into a revised Request for Proposal, commenced during the next Council term. EXECUTIVE SUMMARY Three insurance brokerage companies responded to a Requestfor Proposals forthe City's General Insurance Program. The proposals were evaluated by staff and the City's Consultant, RiskPro Consulting. The preferred proponent is Frank Cowan Company Ltd. The new General Insurance Program should be authorized by Council in order to provide insurance policies to be effective January 1, 2010. Upon authorization, staff will finalize the program coverages and costs. BACKGROUND For several years, the City has purchased its General Insurance Program from the Frank Cowan Company, an insurance brokerage firm. In September 2009, a local insurance brokerage firm met with staff to inquire on bidding for the City's insurance requirements. December 14, 2009 - 2 - CPS-2009-012 Since the annual insurance renewals had occurred for some time, staff undertook to prepare and issue a Request for Proposal (RFP). The request also included the Niagara Falls Library Board, which is separately serviced by the City's insurance broker. Staff engaged risk management services from RiskPro Consulting. RiskPro provided the expertise and experiencetodeveloptheRFPfortheGenerallnsuranceProgram. RiskPro also provided analytical expertise for the evaluation of the proposals. The RFP generated four responses; one of which remitted a letter advising that they would not be able to submit a proposal by the due date. A second proponent submitted an incomplete proposal which was disqualified from furtherconsideration. The remaining two proponents submitted qualifying proposals, however, only one proponent maintained the RFP's prescribed general liability insurance deductible. Staff evaluated the two proposals in accordance with the criteria provided in the RFP. A preferred proponent was selected based on the highest score per the criteria. ANALYSISIRATIONALE RiskPro Consulting has provided a more detailed analysis and rationale in their Summary Overview, which is attached. The Frank Cowan Company Ltd. (Cowan) is recommended as the preferred proponent for the City's General Insurance Program. The recommendation resulted from Staff's evaluation of the proposals in accordance with the criteria provided in the RFP. This preferred proponent was selected based on the highest score per the criteria. The Cowan proposal contains all of the City's and Library's insurance requirements in accordance with the RFP. Attached is a listing of the insurance program highlights. Cowan is a proven insurance broker with 80 years of municipal experience, providing insurance and risk management services to over 170 Ontario municipalities. Cowan is appropriately licenced and in good standing to operate as an insurance broker. Cowan provides extensive risk management services in designing and implementing strategies to control risk. Services include training, bench-marking, contractual and claims reviews, risk inspections, policy and procedural audits, educational seminars and publications. Cowan also provides in-house claims handling by their professional claims management staff. The Verge Insurance Group, in conjunction with Jardine Lloyd Thompson Canada Ltd.(JLT), provided a qualifying proposal. Verge Insurance is a Niagara regional brokerwith 22 years of corporate and institutional experience. JLT is a leading public sector insurance broker with over 35 years of municipal experience across Canada. Both Verge and JLT are appropriately licenced and in good standing to operate as insurance brokers. The Verge proposal document stated that it was to be considered with JLT's Business Protocols booklet, which was not included in the submission. The proposal did not include costing for the RFP specified deductible for General Liability insurance. The proposal's lesser cost was due in part to the higher deductible. The proposal also stated several 'subject to' clauses, assumptions, requirements and exceptions in order to clarify the insurer's knowledge of the City's risks. All or any of these would potentially impact the premiums for the insurance coverages. The proposal offered JLT's extensive risk management and claims handling services. Specific enhancements included an I-Drive defensive driving program and specialty software for tracking and managing claims. December 14, 2009 - 3 - CPS-2009-012 BFL Canada Risk and Insurance Services submitted a proposal which was disqualified from further consideration. The proposal lacked the mandatory requirements of the RFP. By accepting the Cowan proposal the City and Library will continue an established relationship without incurring transitional steps and perhaps unanticipated costs. The Cowan proposal maintains the known services that City and Library staff have relied upon for risk management and claims handling. The Cowan proposal best matches the RFP specifications; the broadly worded coverages provide unparalleled security for the high liability exposure in municipal insurance. FINANCIAL IMPLICATIONS The Frank Cowan Company Ltd. has proposed a total cost of $1,385,407 (plus applicable taxes) forthe 2010 City's and Library's General Insurance Program. In comparison to the 2009 insurance costs, the new program will cost 19.7% or $227,960 more. Attached are the summaries of coverages and costs analysis with a 2009 comparative for both the City and Library. The 2010 cost includes $1,500. for an increase of $5,000,000 for the Library's Limit of Liability. This increase will match the City's $20,000,000 Limit of Liability and is recommended by Staff. Attached is a listing of Cowan's program options. Verge and JLT provided an insurance program proposal at significantly less cost. The program featured a different approach to the management of insurable risks by offering insurance products and deductibles that differed greatly from the City's current insurance program.. For example, a higher limit of liability would be achieved by using a primary insurance policy for one risk and an umbrella policy for combined risks, rather than using a primary policy for each risk. An increased deductible was also proposed to significantly reduce the premium costs. The City's consultant, RiskPro, advised that due to its many differences, the Verge and JLT insurance program requires considerable study and analysis. The program would impact the City's claims management process, claims adjuster and legal costs, and its self-insured claims payments. RiskPro also advised that the proposed program is a new product in the market place, which has notyet proven its comparabilityto established municipal insurance programs. Attached is the RiskPro Summary Overview for the City of Niagara Falls 2010 Insurance Review. Council may wish to direct staff to examine options for a future insurance RFP, securing the required expertise to report to Council on the merits of differing approaches to the City's insurance and risk management requirements. CITY'S STRATEGIC COMMITMENT Continue to monitor and improve the efficiency of the organization is one of Council's strategic priorities for the 2007-10 term. Part of Staff's attention to this priority is the review of the City's General Insurance Program. Since the City's insurance program has been renewed annuallyfor several years withoutgong to the market, Staff undertookto prepare and issue a Request for Proposal to the insurance market. December 14, 2009 -4 - CPS-2009-012 The response to that RFP indicates that there may be opportunities to lower the overall cost of the City's insurance/risk management program. However, more research and analysis would be required to provide Council with a meaningful analysis of the comparative merits of alternative insurance programs. LIST OF ATTACHMENTS • RiskPro Summary Overview • Frank Cowan Company insurance program excerpts: • Program Highlights • Program Summary -City • Program Summary -Library • Program Options • Cost Analysis -City • Cost Analysis -Library Approved by: ~C~C/ ~~~ci K. E. Burden, Executive Director, Corporate Services Recommended by: G` Ed Dujlovic, Executive Director, Community Services Respectfully submitted: Ken T dd, Chief Administrative Officer W rifer of the Report H:IWPDFiles\Reports\CPS-2009-12 General Insurance Program 2010.wpd City ofNiagara Falls-20101nsurance Review Summary Overview RiskPro was retained to provide consulting assistance in the review, analysis and evaluation of the submissions received in response to the City of Niagara Falls' Request for Proposal concerning the General Insurance and Risk Management Program for its 2010 renewal. Three submissions were received and provided for our review, as follows: 1. Frank Cowan Company Limited (Cowan), along with First Niagara Insurance Brokers Inc.; 2. The Verge Insurance Group through Jardine Lloyd Thompson Canada Inc. (JLT); and 3. BFL Canada Risk and Insurance Services Inc. (BFL). We further understand that Aon Insurance Brokers had also sent the City a letter of regret citing not enough time, information and details were provided. Upon receipt of this assignment and following a comprehensive review and analysis of the proposal submissions and participating in consensus scoring among the evaluation committee members, RiskPro is pleased to offer you this summary overview and recommendation. Mr. Ken Beaman, City Solicitor, advised the evaluation team that the BFL submission would not be considered as it did not meet mandatory RFP requirements-most notably, policy wordings were not submitted with their proposal. Please refer to Exhibit I, Insurance Proposal Evaluation and Summary Rating for the team's consensus rating, along with the section of this report entitled, "Submission Ratings" which highlights features of each submission. We have also included our rating guidelines for your reference. RiskPra 11/09 Page 1 of9 City ofNiagara FalLs~-20101nsurance Review From this summary, you can see that Cowan scored a total of 81 points; while JLT earned a total of 51 points. The JLT submission did not include an annual premium at the existing $50,000 deductible required in the RFP specifications for both the General Liability and Errors and Omissions coverage. JLT did offer considerable cost savings for the City to consider at a $100,000 deductible level. Unfortunately, by choosing not to provide the City with the cost at the existing and requested deductible level, the committee agreed that it would be impossible to evaluate their submission in terms of Annual Premium alone, as a number of other cost considerations would also need to be investigated and researched to make meaningful comparisons. If you refer to the Insurance Proposal Cost Comparison in Exhibit II, you will find a chart illustrating the annual premiums quoted for each submission, along with our notes identifying some of the areas where additional costs or savings may apply. Again, we should point out that it was very difficult to compare these two submissions due to the different deductible levels quoted. Since JLT did not provide a quote at the requested $50,000 deductible level for liability coverages, they scored zero points under the Annual Cost criterion, however received the fu115 points available under Added Value for the substantial savings at the $100,000 deductible level. It was unfortunate that the City did not receive complete proposals from all known traditional insurance markets in Ontario offering public entity programs, and further that JLT did not provide a quotation at the requested deductible level. In the section of our report entitled, "Key Issues/Significant Program Differences", we discuss specific or significant differences or aspects of coverage between the various programs that we feel are important to fully understand the financial implications for the City. Finally, we have provided a detailed (though not exhaustive) listing of the major aspects and noted differences of coverage between the programs. Please refer to the section of this report entitled, "Program Comparison" to review these further. RiskPro 11/09 Page 2 of9 City of Niagara Falls-20101nsurance Review We trust that the information contained in our report provides staff and the Committee with enough information to make an informed decision concerning the placement of the City's General Insurance and Risk Management Program for its 2010 renewal. We would be pleased to assist you, should you require anything further in this regard. Our recommendation follows in the next section. Recommendation Due to the fact that Cowan's overall rating was highest; their submission best meets the City of Niagara Falls' criteria as outlined in the RFP; provides broadly worded insurance policies; offers high service levels; and has a reputable team of insurers, we recommend that the City consider acceptance of the proposal submitted by the Frank Cowan Company Limited, along with First Niagara Insurance Brokers Inc. for both the City's and Library's 2010 renewal programs. Our recommendation is contingent upon the following: 1. Fully utilizing the services-risk management, claims management, and insurance administration provided by Cowan that are within the base premium and identified throughout their proposal submission. 2. Meeting with the appropriate representatives of the Frank Cowan Company and First Niagara Insurance Brokers to implement the proposed Risk Management and Claims Management plans to the City's satisfaction. 3. Consideration is given to increasing both the City's and Library's limit of liability to $25 million for an additional annual premium of $24,634. At a minimum, we highly recommend that both the City and Library maintain similar limits of liability; thus if the City decides to maintain its existing liability limits of $20 million, we suggest the RiskPro 11/09 Page 3 of 9 City of Niagara Falls-2010Insurance Review Library increase theirs to the same level for an additional annual premium of $1,500. Please refer to Program Options on page 29 of the Cowan submission for more detail; and page 28, which highlights the importance of adequate liability limits. 4. Other program options aze listed on page 29 of the Cowan submission for your consideration. By renewing the City and Library programs with Cowan for the 2010 policy term, the City will also benefit from the following: ^ little or no transitional costs or issues; ^ a known and established relationship with the provision of known services; ^ the security and value in maintaining broadly worded coverage; and • the trust, comfort and security in a market that knows the City of Niagara Falls and one that has extensive experience and expertise with numerous municipalities in Ontario of similar size and risk. Please note that the Cowan proposal is only open for acceptance until December 315r 2009. We respectfully suggest (and we know that this simply was not available this year) that when the City issues its next RFP for General Insurance and Risk Management Program that additional time is allotted to prepare the specifications; to give the proponents sufficient time to respond; and finally allow more time for your evaluation team to conduct additional analysis and research, if necessary, to fully investigate innovative approaches and solutions that may be presented for the City's consideration. We further recommend that you continue to monitor the mazket and test it formally over a reasonable period of time (every three to five years, depending on market conditions) and to conduct periodic benchmazking with respect to coverage and limits. RiskPro 11/09 Page 4 of9 City ofNiagara Falls-2010Insurance Review We trust that the information contained in our report provides staff and the Committee with enough information to make an informed decision concerning the City ofNiagara Fa11s' General Insurance and Risk Management Program for its 2010 renewal. We would be pleased to assist you, should you have any questions or require anything further in this regard. RiskPro 11/09 Page 5 of9 City of Niagara Falls-2010Insurance Review Exhibit I Please note that the following represents the Evaluation Team's Consensus scoring of each Proponent. Insurance Proposal Evaluation and Summary Ratine Criteria/Rating COWAN JLT System 1. Product 30 points Meetin RFP S ecs-5 5 p Scope of Coverage - 15 13 g Enhancements and Value Added Services -10 0 7 2. Services-20 points Insurance Administration - 2 2 2 Risk Management Services - 8 ( ~ Claims Management Services - 10 g g 3. Qualifications - 20 points Proponent Experience -~ 7 6 Team Ex ertise - 7 7 5 Financial Stability of Insurers - 6 6 6 4. Price - 30 points Annual Cost-25 25 0 Added Value - 5 2 5 TOTAL -100 81 51 RiskPro 11/09 Page 6of9 City ofNiagara Falls-2010Insurance Revrew Notes• For purposes of this chart: ^ COWAN represents the proposal submitted by Frank Cowan Company Limited, along with First Niagara Insurance Brokers Inc. ^ JLT represents the proposal submitted by The Verge Insurance Group through Jardine Lloyd Thompson Canada Inc. 2. The rating categories and weightings were selected by City staff and disclosed in the RFP specifications. 3. The score for each proposal under each category represents a numerical value based on the consensus of the Evaluation team and the following rating key, after reviewing the qualified proponents' submissions. Ratin¢ Key The maximum available for the Services and Qualifications criteria is 20 points each; while 30 points are available for both the Product and Price criteria. 2. The Product category is divided into three sections. Meeting RFP Specifications (5 points), Scope of Coverage (15 points) and Enhancements and Value Added Services worth a total of 10 points. If a proponent's submission meets all of the RFP specifications, full points will be awarded for that section. The Scope of .Coverage section is rated on completeness and superiority of the wordings compared with other proponents and additional points can be achieved under Enhancements and Value Added Services for additional or enhanced coverages or services provided. 3. To obtain perfect scores under the Services criterion, the proponent must demonstrate the ability to provide all the services identified in the specifications and further detail what level of service would be provided and how. 4. To obtain a perfect score under Qualifications, the proponent must demonstrate that it has the required experience, expertise, and available resources, along with using insurers that are financially sound and licensed to transact business in Ontario. Financial Stability also includes the individual proponent's perceived ability to negotiate future markets should their existing markets disappear. 5. The Annual Cost criterion is rated by providing a perfect score of 25 points to the proponent with the lowest premium quotation. The remaining bidders are awarded points in correlation to the percentage difference between their proposal cost and that of the lowest bidder. For example, if one bidder had a proposal cost that was 50% higher than the lowest bidder, they would lose half of the points (i.e. 13 points out of the 25 available here). RiskPro 11/09 Page 7 of 9 City ofNiagara Falls-20101nsurance Review 6. The Added Value section of Price takes into consideration any additional services, innovations or other factors provided by the proponent at no additional cost, which would otherwise equate to potential additional costs to the City. 7. The Total represents the sum of all points awarded under each category. Note: the maximum number of points available, based on the evaluation criteria, is a total of 100. RiskPro !1/09 Page 8 of9 Cidy ofNiagara Falls-2010 insurance Review Exhibit II Insurance Proposal Cost Comparison Annual Premium Annual Premium Submission (Liability Policies at (Liability policies at $50,000 Deductible) $100,000 Deductible) COWA N $1,383,907. Not provided JLT No Quote $670,130. Notes: For purposes of this chart: ^ COWAN represents the proposal submitted by the Frank Cowan Company Limited, along with First Niagara Insurance Brokers Inc. ^ JLT represents the proposal submitted by The Verge Insurance Group through Jardine Lloyd Thompson Canada Inc. 2. The Annual Premiums shown are net of any applicable taxes and include all brokers' fees and commissions, if applicable. 3. The Annual Premiums shown include all required risk management services, with the exception of: - JLT's premium excludes property valuations of heritage buildings. 4. It is important to note that JLT's annual premium may not be firm as the program quoted is subject to a number of assumptions and requirements. Should any of those assumptions be incorrect or if any of the requirements are not met to the underwriters' satisfaction, the City may be facing additional premiums. 5. JLT quoted Liability limits of $25 million applicable to both the City and the Library under the various policies; while Cowan quoted as per the specifications of $20 million for the City and $ I S million for the Library. (Having said that, some aggregate limits also apply to JLT's program that do not apply to the Cowan program.) 6. Overall program differences may result in additional costs. Please refer to the following sections of this report, which highlights the major differences. RiskPro !!/09 Page 9 of 9 Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal SERVICE REQUIREMENTS Program Highlights We have outlined below specific highlights of the comprehensive Cowan Program to assist you when comparing Insurance suppliers. • Abuse included, full policy limits available with no aggregate limit. • Professional Liability included, coverage for bodily injury, property damage, and financial loss. • Medical Malpractice included, not limited to incidental. • Products Liability included. • Blanket Property of Every Description, replacement cost, no co-insurance or margin clauses. • Replacement cost (new for old) on vehicles, as per schedules. • Municipal Liability Limits of $ 20,000,000. each and every occurrence, no aggregates. • Errors and Omissions Liability Limits of $ 20,000,000. each and every occurrence. • Non-Owned Automobile Limits of $ 20,000,000. each and every occurrence. • Automobile Fleet Limits of $ 20,000,000. each and every occurrence. • Environmental Liability includes Watercraft, Sold Property and closed Landfill Sites. • Crime Insurance includes Broad Definition of Insured and does not have a Deductible. • Worldwide cover on Municipal Liability. Frank Cowan Company -6- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OFCOVERAGES -CITY LIMITS/AMOUNTS Municipal Liability Limit of Protection per occurrence $ 20,000,000. (No Annual Aggregate Limit) Third Party Claims Deductible including expenses $ 50,000. Sewer Backup per Claimant Deductible including expenses $ 50,000. Wrongful Distnissal (legal expense) Limit per claim $ 250,000. Annual Aggregate Limit $ 250,000. Deductible $ 5,000. Malpractice Liability Included Errors and Omissions (Claims Made Fotm) Limit of Protection per claim $ 20,000,000. (No Annual Aggregate Limit) Deductible including expenses $ 50,000. Non-Owned Automobile Limit of Protection per occurrence $ 20,000,000. (No Annual Aggregate Limit) Legal Liability for Non-Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit $ 250,000. Deductible $ 500. Environmental Liability (Claims Made Form) Liability of Protection per claim $ 3,000,000. Annual Aggregate Limit $ 4,000,000. Self-Insured Retention $ 50,000. Comprehensive Come Commercial Blanket Bond $ 1,000,000. Money Orders and Counterfeit Paper Currency Included Depositors' Forgery Included Audit Expense $ 100,000. Money and Securities -Blanket any Location $ 100,000. Excess on Securities $ 100,000. Computer Fraud or Funds Transfer Fraud $ 200,000. Frank Cowan Company -20- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OF COVERAGES -CITY LIMTfS/AMOUNTS Councillors' Accident -Mayor and Eight Members of Council Accidental Death & Dismemberment (No Annual Aggregate Limit and No Deductible) Weekly Income -Total Disability Weekly Income -Partial Disability Municipal Conflict of Interest Percentage of Legal Fees and Expenses Maximum Limit of Reimbursement per claim (No Annual Aggregate Limit) Legal Expense Percentage of Legal Fees and Expenses Maximum Limit of Reimbursement per claim Annual Aggregate Limit RECREATION AFFII,IATES General Liability Each Occurrence Limit Products -Completed Operations Hazard Aggregate Limit Employers' Liability Limit Personal Injury Limit Tenants' Legal Liability Limit Deductible Non-Owned Automobile Limit of Protection per occurrence (No Annual Aggregate Limit) Legal Liability for Non-Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Lirnit Deductible $ 200,000. $ 500. $ 250. 100% $ 100,000. 100% $ 100,000. $ 250,000. $ 5,000,000. $ 5,000,000. $ 5,000,000. $ 5,000,000. $ 5,000,000. $ 1,000. $ 5,000,000. $ 100,000. $ 500. Frank Cowan Company _21_ ' Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS Property Insurance (including Data Processing Insurance) Total Sum Insured * $ 152,379,452. Valuable Papers $ 500,000. Accounts Receivable (other than Data Processing) $ 500,000. Extra Expense (other than Data Processing) $ 500,000. Business Intemtption Rent or Rental Value Form $ 500,000. Gross Revenue Form $ 3,868,345. Data Processing System and Equipment $ 2,701,800. Media $ 151,500. Extra Expense $ 108,400. Watercraft Floater $ 194,500. Fine Arts Form $ 258,600. Exhibition Floater As Per Lists Provided Deductible $ 10,000. Exceptions: Data Processing, Fine Arts Form and Exhihition Floater $ 2,500. -Museum Contents including Artifacts, Contents belonging to Niagara Falls $ 2,500. Professional and Educational Toy "FLASHY" All Library Buildings and Contents $ 5,000. *Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are excluded from the policy. Frank Cowan Company -22- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS Equipment Breakdown Limit per Accident -Comprehensive $ 50,000,000. Extra Expense $ 500,000. Spoilage-Goods under Refrigeration $ 50,000. Business Interruption -Loss of Profits (Gross Revenue): -Niagara Falls Memorial Arena, 5145 Centre Street, Niagara Falls, ON L2G 3P3 $ 319,800. - Stamford Memorial Arena, 6750 Federica Street, Niagara Falls, ON L2G 1C9 and $ 634,000. Jack Bell Arena, 6750 Frederica Street, Niagara Falls, ON L2G 1 C9 - Chippawa Willoughby Memorial Arena, 9000 Sodom Road, Niagara Falls, ON $ 207,500. L2E 6S6 -Municipal Swimting Pool, F.H. Leslie ParK, 5250 Valley Way, Niagara Falls, ON $ 28,000. L2E 657; Municipal Pool, Mitchelson Park, Dorchester Road, Niagara Falls, ON L2E 657; Swimming Pool at Prince Charles Park, 6230 Arad Street, Niagara Falls, ON L2G 2Z7; Office, Lunchroom and Maintenance Building, 4501 Stanley Avenue, Niagara Falls, ON L2E 6S7 - McBain Community Centre, 71560 Montrose Road, Niagara Falls, ON L2E 6S7 $ 42,000. - Ternunal-Garage-Office Building, 4320 Bridge Street, Niagara Falls, ON L2E 2R7 $ 2,637,045. And Bus Terminal, 4555 Erie Avenue, Niagara Falls, ON L2E 7G9 Expediting Expenses Included By-Law Cover Included Errors and Omissions $ 100,000. Hazardous Substance (including PCB Contamination) $ 500,000. Ammonia Contamination $ 500,000. Water Damage $ 500,000. Professional Fees $ 500,000. Data Restoration $ 25,000. Denial of Access 2 Weeks Deductible $ 10,000. Frank Cowan Company -23- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OF COVERAGES -CITY LIMITS/AMOUNTS Automobile Fleet Liability Limit $ 20,000,000. Deductibles Section 3 (Third Party) $ 10,000. Section 6 (Direct Compensation) $ 10,000. All Perils $ 10,000. OPCF # 20 -Coverage for Transportation Replacement applies to: - 2004 Chev V enture and 1995 Dodge Ram Truck - Limit $ 10,000. per occurrence Automobile Fleet (Transit) Liability Limit $ 20,000,000. .Deductibles Section 3 (Third Party) $ 10,000. Section 6 (Direct Compensation) $ 10,000. Accident Benefits $ 10,000. Al] Perils $ 10,000. OPCF # 20 -Coverage for Transportation Replacement applies to: - 2002 Ford Chair-A-Van, 2001 Ford Handicap Van, 2003 Girardin Handicap Van, 2006 Corbeil Chair-A-Van and Two (2) 2006 Girardin Chair-A-Vans (S/N's A17818, A52286) -Limit $ 10,000. per occurrence Garage Automobile Third Party Liability Limit Customer Vehicles Collision Limit Deductible Comprehensive Limit Deductible $ 20,000,000. $ 500,000. $ 500. $ 2,000,000. $ 1,000. 2010 - 2011 PROPOSED ANNUAL PREMIUM -CITY 1 314 158 Frank Cowan Company -24- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OFCOVERAGES -LIBRARY LIMITS/AMOUNTS General Liability Limit of Protection per occurrence $ 15,000,000. (No Annual Aggregate Limit) Third Party Claims Deductible including expenses $ 2,500. Sewer Backup per Claimant Deductible including expenses $ 2,500. Wrongful Dismissal (legal expense) Limit per claim $ 25Q000. Annual Aggregate Limit $ 250,000. Deductible $ 5,000. Errors and Omissions (Claims Made Form) Limit of Protection per claim $ 15,000,000. (No Annual Aggregate Limit) Deductible including expenses $ 2,500. Corporate Indemnification Coverage $ 2,500,000. Non-Owned Automobile Limit of Protection per occurrence $ 15,000,000. (No Annual Aggregate Limit) Legal Liability for Non-Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit $ 250,000. Deductible $ 500. Environmental Liability (Claims Made Form) Liability of Protection per claim $ 4,000,000. Annual Aggregate Limit $ 4,000,000: Self-Insured Retention $ 2,500. Comprehensive Crime Commercial Blanket Bond $ 1,000,000. Money Orders and Counterfeit Paper Currency Included Depositors' Forgery Included Audit Expense $ 100 000. Money and Securities -Blanket any Location $ 100,000. Frank Cowan Company -25- Corporation of the City of Niagara Falls 20]0 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OFCOVERAGES -LIBRARY LIMITS/AMOUNTS Councillors' Accident -Eight Board Members Accidental Death & Dismemberment $ 200,000. (No Annual Aggregate Limit and No Deductible) Weekly Income -Total Disability $ 500. Weekly Income -Partial Disability $ 250. Municipal Conflict of Interest Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim $ 100,000. (No Annual Aggregate Limit) Legal Expense Percentage of Legal Fees and Expenses 1 Op% Maximum Limit of Reimbursement per claim $ 100,000. Annual Aggregate Limit $ 250,000. Property Insurance (including Data Processing Insurance) Total Sum Insured * $ 29,730,000. Valuable Papers $ 500,000. Accounts Receivable (other than Data Processing) $ 500,000. Extra Expense (other than Data Processing) $ 500,000. Business Interruption Rent or Rental Value Form $ 500,000. Data Processing System and Equipment $ 378,200. Media $ 16,500. Extra Expense $ 8,400. Fine Arts Form $ 258,600. Exhibition Floater As Per Lists Provided Deductible $ 5,000. Exceptions: Fine Arts Form and Exhibition Floater $ 2,500. *Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are excluded from the policy. Frank Cowan Company -26- Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM SUMMARY SUMMARY OF COVERAGES -LIBRARY LIMIT S/AMOUNTS Equipment Breakdown Limit per Accident -Comprehensive $ 50,000,000. Extra Expense $ 500,000. Spoilage -Goods under Refrigeration $ 50,000. Expediting Expenses Included By-Law Cover Included Errors and Omissions $ 100,000. Hazardous Substance (including PCB Contamination) $ 500,000. Ammonia Contamination $ 500,000. Water Damage $ 500,000. Professional Fees $ 500,000. Data Restoration $ 25,000. Denial of Access 2 Weeks Deductible $ 2,500. Automobile Fleet Liability Limit $ 15,000,000. Deductible All Perils $ 1,000. Vehicle Insured: 2002 Chev Van S/N 150307 Replacement Cost 2010 - 2011 PROPOSED ANNUAL PREMIUM -LIBRARY $ 42,749. PLUS APPLICABLE TAXES NOTE: Value Added Risk Management Services are included in the total premiums. Frank Cowan Company _27_ Corporation of the City of Niagara Falls 2010 Municipal Insurance Proposal PROGRAM OPTIONS Options are available as outlined below. Please note that in addition to these options, you may also have other exposures that require or may beneft from specific insurance, forms, such as: marina liability, aviation liability, etc. Alternate deductibles and limits may also be available. 2. CRIME INSURANCE - THIItD PARTY BOND EXTENSION With respect to Crime Insurance, coverage may be extended to include a Third Party Bond Extension. Should this form of coverage be required, please advise us accordingly in order that we may provide you with a cost quotation. LIABII,ITY LIMITS (CITYI To increase the present limit of liability from $ 20,000,000. to $ 25,000,000. with respect to the Municipal Liability, Errors & Omissions, Non-Owned Automobile, Owned Automobile (City), Owned Automobile (Transit) and Garage Automobile policies would require an additional annual premium of $ 21,634. 3. LIABILITY LIMITS (PUBLIC LIBRARYI Consideration should be given to increasing the $ 15,000,000. Limit of Liability with respect to the General Liability, Errors & Omissions Liability, Non-Owned Automobile and Owned Automobile policies. We set out below the additional annual premiums required for optional limits: Limit of Liability $ 20,000,000. $ 25,000,000. Additional Annual Premium $ 1,500. Min. $ 3,000. Min. Frank Cowan Company -29- COST ANALYSIS -City of Niagara Falls MUNICIPAL LIABILITY ERRORS AND OMMISSIONS NON-OWNED AUTOMOBILE FOLLOW FORM EXCESS LIABILITY ENVIRONMENTAL LIABILITY COMPREHENSIVE CRIME COUNCILLORS' ACCIDENT CONFLICT OF INTEREST LEGAL EXPENSE RECREATION AFFILITATES: GENERAL LIABILITY NON-OWNED AUTOMOBILE PROPERTY/DATA PROCESSING EQUIPMENT BREAKDOWN OWNED AUTOMOBILE (CITY) GARAGE AUTOMOBILE (CITY) EXCESS AUTOMOBILE & GARAGE (CITY) OWNED AUTOMOBILE (TRANSIT) EXCESS AUTOMOBILE (TRANSIT) 2009 AMENDMENTS EXPIRING PROGRAM 546,587 $ 46,047 500 28,305 38,650 4,750 558 780 6,857 3,427 100 89, 507 7,429 96,060 9,207 2,347 191,037 4,571 38,437 NEW PROGRAM 2010-2011 TERM 776,154 46,047 500 31,839 38,650 4,750 558 780 6, 857 3,018 INCLUDED ABOVE 103,121 7, 854 97,957 9,207 2,525 206,388 4,953 ANNUAL PREMIUM $ 1,115,156 $ 1,341,158 COST ANALYSIS -Niagara Falls Public Library EXPIRING PROGRAM NEW PROGRAM 2009-2010 TERM 2010-2011 TERM GENERAL LIABILITY $ 7,657 $ 7,657 ERRORS AND OMMISSIONS 4,967 4,967 NON-OWNED AUTOMOBILE 200 200 ENVIRONMENTAL LIABILITY 2,132 2,132 COMPREHENSIVE CRIME 1,750 1,750 COUNCILLORS' ACCIDENT 496 496 CONFLICT OF INTEREST 540 540 LEGAL EXPENSE 750 750 PROPERTY/DATA PROCESSING 18,728 19,017 EQUIPMENT BREAKDOWN 3,387 3,556 AUTOMOBILE FLEET EXCESS LIABILITY (AUTOMOBILE) ANNUAL PREMIUM INCREASE LIMIT OF LIABILITY 1,484 1,484 200 200 $ 42,291 $ 42,749 1, 500 REVISED ANNUAL PREMIUM $ 44,2gg Niagara,Fi~lIs CPS-2009-013 December 14, 2009 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Corporate Services Department SUBJECT: CPS-2009-013 Niagara Falls Humane Society RECOMMENDATION That the City provide up to $179,000. to the Niagara Falls Humane Society (NFHS) as a five-year forgivable mortgage for the financing of completed building improvements at the NFHS animal shelter. EXECUTIVE SUMMARY In response to deficiencies outlined in the Bandow report on Animal Control in the City of Niagara Falls, the Niagara Falls Humane Society (NFHS) invested $300,000 in capital improvements. The improvements have addressed the deficiencies. The result of the improvements has been a depletion of the financial cushion maintained by the NFHS. As a result, the NFHS has requested one-time financial assistance. Staff support the immediate financial assistance for capital improvements to the NFHS facility. BACKGROUND The 2007 Bandow report on Animal Control in the City of Niagara Falls characterized the NFHS facility as "barely adequate". The NFHS has been proactive in investing approximately $300,000 in both building and equipment, despite the uncertainty of their relationship with the City. The completed improvements have addressed many of the animal shelter deficiencies. Staff inspected the facility in 2008 and was satisfied with the improvements. Unfortunately, these expenditures have exhausted the NFHS reserves. The NFHS advised that their reserve funds were used to construct capital improvements to their facility in accordance with the 2007 Bandow report. On July 29, 2009, the NFHS formally requested the City to provide a mortgage in the amount of $179,032.18 for the financing of the shelter improvements. A staff report on November 16"' addressed this issue and a number of other issues (licensing fees, a grant request and the City's operating budget for animal control and sheltering costs). Council approved the fee increase but referred the other items to budget deliberations. Staff has subsequently met with principles from the NFHS. They have indicated that the issue of a forgivable mortgage on the building is a pressing need. The financial cushion, they had prior to the Bandow-related renovations, has been depleted. The forgivable mortgage will provide some breathing room they need to continue to operate. December 14, 2009 - 2 - CPS-2009.013 ANALYSIS/RATIONALE Through meetings between Niagara Falls Humane Society (NFHS) principles and City staff, afive-yearforgivable mortgage was proposed forfinancing the capital improvements to the NFHS facility. The financial assistance relieves the City from constructing and operating its own animal shelter. The 2007 Bandow report detailed the costs for building and operating an animal shelter. New construction costs could amount to $1.8 million with additional equipping costs of approximately $121,000. Staff has reviewed the 2008 Audited NFHS financial statements and has confirmed that the capital improvements have increased the fixed assets of the organization. The fixed building asset as at Dec.31/08 was $839,191. Staff has also verified the actual expenditures for the capital improvements amounting to $179,032.18 . Based on the improvements to the facility and ultimate cost savings to the municipality, staff is recommending that the City provide up to $179,000. to the NFHS as a five-year forgivable mortgage for the financing of completed building improvements. Without such assistance, the financially viability of the shelter will be called into question. The NFHS has expressed their immediate financial challenge. Having exhausted their reserve funds, the NFHS has been using aline-of-credit to support regular operations; however, the 2009 operating costs are exceeding their revenues and the organization continues to incur short term debt. Staffs review of the 2009 NFHS financial statements has confirmed that, without immediate financial assistance, the operations will have to be severely reduced to repay the debt and to address the operating deficit. FINANCIAL IMPLICATIONS The one-time financial assistance is a mortgage and would be registered on the NFHS property. The mortgage will be the securityfor the City's investment in the facility. Should the NFHS be unable to carryon its contractual duty to the -City, the City can claim for any residual amount of the unexpired mortgage term. The mortgage is forgivable overfive years and would not include interest. Each year, 20% of the mortgage is forgiven, so that at the end of the five-year period, the entire amount is forgiven and the mortgage is released. The annual amount forgiven of approximately $35,800 would be drawn from the City's Special Purpose Reserves and would not impact the General Purposes budget. LIST OF ATTACHMENTS July 29, 2009 letter from Niagara Falls Humane Society Table 2 from Bandow Report, Capital Budget for construction and equipment of a municipally operated Animal Centre Niagara Falls Humane Society, Financial Statements, December 31, 2008 December 14, 2009 - 3 - CPS-2009-013 Recommended by: Approved by: Dean orfida, City Clerk K. E. Burden, Executive Director, Corporate Services Respectfully submitted: I "' ~"~rrNv` Ken odd, Chief Administrative Officer V:~2009COUNCIG2009 12 141CPS-2009-13 Niagaza Falls Humane Societywpd HIttC. FpILBCLER>rS'49 p7~J+~+50 8025 Ghippawa Parkway, Niagara Falls, Ontario L2E 8X8 Telephone {905J 356-4404 Fax (905) 358-7652 Incorporatad April 6, 1937 Dean lorfida, City.Clerk City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Dean: Jufy 29, 2004 This letter is to confirm that The Board of Directors of the Niagara Falls Humane Society has passed a motion to request afive-year #orgivable mortgage agreement from the City of Niagara Falls in the amount of $179,032.18. The above amount wilt be used by the Niagara Falls Humane Society for the financing of the shelter improvements. Thank you for your time in regards to this request. Yours truly, ~~~~ Jay DesRoches Executive Director Niagara Falls Humane Society "N/E SPEAK FOR 7!-IOSE N/NC7 CANNUT SPEAK FOR THEMSELVES" www. niagara fallsh umanesociery. com ~(~ ~. Proiec! Report of[he 2007 Service Review of die CiN ofNiar!~a Falls, Ontario Aninur(Care & Control Services (C/N o{Nia¢ara Falls ON FUe No k1999-9316vJames H Sondow e& Associates Table #2 Cauitaf BBfiQet #or eonstrueEecxf and etaUi[afnent tYf a municipaEhf aexerated Niagara FatEs Anenlal Cet~tr~ This tabio contains ourprajeded Capital Budget #ar mnstrudion ~ a C8y of Niagara Fails Municapal Anima! Centre. Square footage Costs Crave been projected by an arduted experienced in shelter design. This cost es8mate Aces not include the ms! of hand, or permits. Animal Holding Areas ~ 2,516 sq. ft @$265 666740 Enforcement Space 256 sq. ft @$225 57600 Ancillary Space 3,211 sq. ft @$225 722475 Halliways 1,196 sq. ft. @$225 269100 HVAC System 18 Air ChangesPor. + Heat recovery Included Archded Fee ('g) 110000 Con8rnlency ('10) Included SUB-TOTAL $1,825,915 Dog Kennels - 40 @ $3,000 (*11) Included Cat Caging (Rados) - 14 @ $3,850 {'12) 53900 Security (*13) 8000 R Requirements (*14) 8000 Pressure Washer 1 @ $2,600 2600 Service Carts 2 @ $250 (*15) 500 Freezer (Upright) 1 @ $4,000 4000 Vetednary Technical Supplies Microscope 1 @$200 Clippers 1 @ $100 Slides, snipes eta.. $700 1000 Treatment Table 2 @ $1000 P00g Appliances (Fridge/Compad Fridge) 1 @ $750 / 1 @ $250 1000 Bowls & Litter Trays 150 @ $15 {'16) 2250 OfTce FumitureiLockerseto Lockers -16 @ $100 = 1,600 Office Furniture-2 @ $2,500 = $5,000 Workstatwns-5 @ $1,000 = $5,000 Interview Room Tables - 2 @ $370 = $740 Lunch room Table -1 @$370 = $740 Tads Chairs - i6 @$200 =$3,200 Guest Chairs - 30 @ $150 = $4,500 Lunch Room Chairs -10 @ $70 = $700 Contingency (For inddental adddions that may have been missed) -$5,000 26ggp Sgnage 5000 Sound Baffling 3000 Page 138 rraiect Reoort ofthe 2007Serviee Review of the CiN ofNiaeara Fa!!s Ontm~io Animal Care & Control Servlees Cl gfNwAOra Falls. ON. File No #1999-93) byJames H Bandaw & Assxiozes Washers and Dryers 1 Washer and 1 Dryer @ $750.00 1500 Fendng (`1~ 1500 SUB TOTAL 5120,730 GRAND TOTAL ;1,946,645 taepianatory Notes: (`8) Percentage of heat recovered wi0 be dependant upon the unit selected in consultation with mechanical engineers. (`9) We used a rate of 8.4% which would seem appropriate for a building of this protected cost, but may need to be adjusted. (`10) We used a contingency of 10%. (*11) See Introductory Comment for Table #1 (*12) See Introductory Comment for Table #1 (*13) This includes card access readers to limit access In the building 1b staff outside of public hours which has proven to watt more effectively than keys. k limits time of access, records access and can quiddydenyaccess when an employee leaves your employ. Additionally, readers are located to prevent public aocess to lunch and todcer rooms for staff security, treatrnenUeuthanasiamom for sedrrity of ilrrgs, to prevent access to dog arM cat isdatron rooms to limit disease. transmission to the rest of the building and to reduce liability where the.public may be bitten. by animals under rabies observation. Additionally, motion detectors may be required. in areas where animals are separated from the detectors by solid or glass watts. As well, door and window contacts will be required. Video cameras in the dog and cat areas and a quad monitor in the receiving area maybe required to provide secunly in the rooms without staff constantly having to escort viewers. Further, the costs would provide for the installation of a public address system which is very useful W communicate with staff. (`14) We only included an esOmate to have a hrncfion box located in the facility, network cable to the various computer work station locations (rww is the time to locate where there maybe need for additional drops in the future), and a fiber connection to your netwotfr. (*15) These are usualty Rubber Maid carts with an upper and lower shelf and used to move litter frays, food etc. about the facility. (*16) We have found that it is much cheaper and the product better, if stainless steel serving bowls are used fa food and water, and chaffing dishes are used as litter frays. These are available through restaurant suppty houses. Note that cat feeding and water bowls an: included in the cost for cat racks. (*17) Fendng is only recommended in areas where security is required -primarily near staff parking and vehicle access to the unloading bay. We are opposed to Fendng around the entire exterior of an animal shelter, espedalty around the front, as this presents a very negative `animal jaiP image of the fadlity and its operation. Page 139 Crawford smith(,, swallow NIAGARA FALLS HUMANE SOCIETY Financial Statements December 31, 2008 Crawford smrth(,g~ swallow NIAGARA FALLS HUMANE SOCIETY Financial Statements December 31, 2008 Table of Contents Page Auditors' Report Balance Sheet Statement of Changes in Net Assets g Statement of Operations 4 Statement of Cash Flows c Notes to Financial Statements 6-9 Schedule to Statement of Operations 10 Crawbrtl, Smith antl Swalbw Crawford Chartered Accountants LLP ~~ 4141 OOean Street C~Y7'71~~ / ~/ t Niagara falls, Ontario Ullll 1liLLL ~~ Te ephone (905) 356-4200 swallow Telecopier (g05) 356-3410 Ollices in' Niagara Falls, Dntario SC Catharines, Ontario Fort Erie, Ontario Niagara-on-Ihe~Lake, Ontario Port Colborne, Ontario AUDITORS' REPORT To the Members of Niagara Falls Humane Society We have audited the balance sheet of Niagara Falls Humane Society as at December 31, 2008 and the statements of changes in net assets, operations and cash flows for the year then ended. These financial statements are the responsibility of the society's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as explained in the following paragraph, we conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In common with many charitable organizations, the society derives revenue from donations, the completeness of which is not susceptible of complete audit verification. Accordingly, our verification of this revenue was limited to accounting for the amounts recorded in the records of the society and we were not able to determine whether any adjustments might be necessary to donation revenue, excess of revenue over expenses and net assets. In our opinion, except for the effect of adjustments, if any, which we might have determined to be necessary had we been able [o satisfy ourselves concerning the completeness of the revenue from donations referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the society as at December 31, 2008 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. ~~ ~ ~ ~~ Niagara Falls, Ontario April 14, 2009 CRAWFORD, SMTI'H AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 1 NIAGARA FALLS HUMANE SOCIETY BALANCE SHEET December 31, 2008 Assets 2t)t~8 2007 Current Assets Cash 4~,41~0 199,329 Marketable securities 154,053 Accounts receivable 4gh,94~1 14,821 Prepaid expenses 1,~ J6Q " 14 150 10;323 382,353 Fixed Assets -note 2 ~~~_ ~~, ; ~,,, ~,,,, Liabilities and Net Assets Current Liabilities Accounts payable and accrued liabilities -note 4 Deferred revenue -note 3 Net 895,177 11~9~6 80,020 192754 134,672 7~87~t1;:' 895,177 Signed on behalf of the Board: Director Director See accompanying notes crawtord smith ~, swallow 2 NIAGARA FALLS HUMANE SOCIETY STATEMENT OF CHANGES IN NET ASSETS for the year ended December 31, 2008 .................. .... 21~1~8 2007 ;$ ._ $ Net Assets, Beginning of Year Excess (Deficiency) of Revenue over Expenses Transfer from A 603,616 121,580 Net Assets, End of Year ~'~8,0 760,505 See accompanying notes Crawford smith C8~ swallow NIAGARA FALLS HUMANE SOCIETY STATEMENT OF OPERATIONS for the year ended December 31, 2008 ~~ 2007 '` $ Revenue City of Niagara Falls -fee for service -note 5 #5~ ~ 466,118 Niagara Community Foundation grants -note 6 1,3~~ 2,680 Donations and fund raising $~„4,Q~ 79,565 Bequests ~_ 1r$~9..~,= 68,913 Shelter -schedule 1 174,8# 184,441 Sundry -schedule 1 2~~1Z3 27,276 Ministry of Training, Colleges and Universities grant 749 Niagara College of Applied Arts and Technology grant '7~fr ~b 829 742 Expenses Amortization ~WS~'3~8' 34,880 Bad debts ' 18>~&~I '. 11,057 Bank and interest charges 5,170 3,472 Canada Pension ' 17x72 15,667 Education 3¢9' 1,162 Employment Insurance ' 8;,955 8,653 Group insurance 32,46: 29,779 Insurance I9~2~"7 ! 20,348 Miscellaneous 4;7bT -.. 1,798 Professional fees and purchased services 15,30L 14,140 Provision for lawsuit 26,250; Shelter -schedule 1 X72,368 . 162,250 Vehicle `1$,476:. 13,884 Wages ~2z#,'774 379,663 Workplace Safety and Insurance Board 10481 - 11 439 -r 9~4,885 708162 Excess (Deficiency) of Revenue over Expenses (Iv8~1,49'J~) 121,580 See accompanying notes 4 crawlorrl smith C~, swallow NIAGARA FALLS HUMANE SOCIETY STATEMENT OF CASH FLOWS for the year ended December 31, 2008 Operating Activities Excess (deficiency) of revenue over expenses Amortization Loss on disnosal of fixed assets _ Changes in non-cash working capital components Marketable securities Accounts receivable Prepaid expenses Accounts payable and accrued liabilities Deferred revenue Funds provided by operating activities Investing Activities Purchase of fixed assets Decrease in Cash Position Cash Position, End of Year -~~ ~'4,1t,~ 4Ct,5~=5 2007 121,580 34,880 (154,053) (3,837) 1,525 19,226 13,371 5( 0,892) (37,521) 236,850 199,329 See accompanying notes 5 Crawford smith Cdr, swallow NIAGARA FALLS HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2008 Organization Niagara Falls Humane Society provides humane, animal control, boarding and crematorium services in the City of Niagara Falls. Niagara Falls Humane Society is a registered charity and, accordingly, exempt from income taxes. 1. Significant Accounting Policies The financial statements of the Society are the representations of management prepared in accordance with Canadian generally accepted accounting principles, consistently applied. Because a precise determination of many assets and liabilities is dependent upon future events, the prepazation of periodic financial statements necessarily involves the use of estimates and approximations. These have been made using cazeful judgement in the light of available information. The financial statements have, in management's opinion, been properly prepared within reasonable limits of materiality and within the framework of the accounting policies summarized below: Revenue recognition Restricted contributions are recognized as revenue in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue when received. Financial instruments The Society has elected the following balance sheet classifications with respect to its financial assets and financial liabilities: Cash and marketable securities are classified as "assets held-for-trading" and are measured at fair value. Accounts receivable aze classified as "loans and receivables" and are measured at amortized cost, which, upon initial recognition, is considered equivalent to fair value. Accounts payable and accrued liabilities are classified as "other financial liabilities" and are initially measured at fair value. Fixed assets and depreciation Fixed assets are recorded at cost. Expenditures for maintenance and repairs are charged to operating expenses. Depreciation is calculated using rates designed to amortize the cost of fixed assets over their useful lives as follows: Building Furniture and equipment Computer equipment Vehicles - 40 years, straight line - 10 yeazs, straight line - 3 years, straight line - 3 years, straight line 6 crawlord smith ~ swallow NIAGARA FALLS HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2008 1. Significant Accounting Policies -continued Fixed assets and depreciation -continued Additions during the year are depreciated from the month of acquisition. Disposals are depreciated until the month of disposition. Gains or losses on assets sold or otherwise disposed of are included in the statement of operations. Gifts-in-kind Gifts-in-kind are recognized when the fair value can be reasonably estimated, the materials are used in the normal course of operations an d the organizati on would have purchased the materials or services if they had not been con tributed. 2. Fixed Assets A~euinul&~l host D~~r~itatlan 20,83 2007 ~ ' ' Vin. ` $. $ Land ~BQ,b~b 84,~~6 80,666 Building 83~1~1 34393, 445,2- 378,204 Furniture and equipment 11,359 6~~56: SOf'~03: 4,883 Computer equipment 22,24 14,111 8,r~4 4,871 Vehicles 9fx`~14~2. ~~4 27;~~~a , 44,200 1,154,f~2 49`~r,~~5' ~f~,*~~7 512,824 7 Crawford smith ~& swallow NIAGARA FALLS HUMANE SOCIETY NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2008 3. Deferred Revenue 8 2007 ~i $ Balance, beginning of year X4,652 60,602 Contributions: Bequeaths 7,f1130 Capital Campaign 253 Computer equipment ; 1,'~d0 1,322 Amortization _.__ i~t-~~1 (7.525 Balance, End of Year _ '~ ' 54,652 The balance consists of the following accounts: _._ 2DQ8 2007 $ $ Bequeaths 2.7,000 Capital Campaign 3~;~~4 45,117 Computer equipment 1,24 573 Investigation 80 '; 80 Puppy Playground 1,16` _. . 1,169 Spay and Neuter `7,713 7,713 `7,79$ ` 54,652 4. Contingent Liability During 2008 an employee left the Humane Society. The employee has made a claim against the Society for $ 85,000. The Society has provided for an estimated loss of $ 26,250. The cost of the settlement in excess of $ 26,250, if any, will be expensed in the year of settlement. 5. Economic Dependence The Niagara Falls Humane Society's operations consist of providing humane, animal control, boarding and crematorium services in the City of Niagara Falls. The contract with the City of Niagara Falls to receive financing for- animal control accounts for 62% of funding in the current year. 6. Permanent Endowment During 2005, the Society transferred $50,000 to the Niagara Falls Humane Society Shelter Enhancement Fund held by the Niagara Community Foundation. During the year, the Society received $ 1,343 from the Fund. 8 Crawford smith ~, swallow NIAGARA FALLS HUMANE SOCIETY NOTE5 TO FINANCIAL STATEMENTS for the year ended December 31, 2008 Gifts-in-Kind Gifts-in-kind recognized in the financial statements include $ 1,000 of computer equipment. S. Comparative Amounts The 2007 figures, presented for comparison purposes only, have been restated to conform with the current year's basis. crawlord smith ~ swallow NIAGARA FALLS HUMANE SOCIETY Schedule 1 SCHEDULE TO STATEMENT OF OPERATIONS for the year ended December 31, 2008 2 2007 >~ $ Shelter Revenue Boarding fees ~~,541 45,038 Cremations ~~ ~ 28,198 Humane work I~~ 20,467 Pound fees < ~i~~4 5,890 Sale of animals fi~„6a~~= ' 53,427 Sale of dog licences ,~ ~~~:"- 31 421 "~ 184,441 Sundry Revenue Interest :8,2;91. 6,996 Memberships 481- 160 Miscellaneous I6z3~" 20,120 _ =rte. '; 27,276 Shelter Expenses Cremation services 1;3011 ': 17,631 Food ; 4;50 3,729 Light, heat and water 28~,6~2 31,991 Municipal taxes f,125 6 097 Office and sundry 35,93 20,692 Repairs, maintenance and cleaning 66,559' 23,448 Telephone IQ,~8T 9,346 Veterinarians' fees _ __ ~5,~95 -, 49,316 ~7~x~68 162,250 See accompanying notes 10 crawlo~ smith C~ swallow ;;:_ 'tanning :~ Scanned FHA Z6 , FANTASY HOLIDAYS INC. 5824 MAIN STREET, NIAGARA FALLS, ON L2G 525 CANADA Tel: 905.354:1040 ** Fax: 905.357.4850 December 12, 2009 Director of Planning & Development City Hall 4310 Queen Street, Niagara Falls, ON L2E 6X5 Attn: Mr. Alex Herlovitch -Director Dear Mr. Alex Herlovitch, Re: Proposed change _ By Law Amendment Application # AM 2009-022 This is to express my concern regarding the property at 4907 Ontario Avenue Lot 126 about the property line. Your map also describes clearly that the said property owner have encroached on my property with a wooden fence as marked by x-x-x-x marks in the drawings produced by you. I had to undergo an extensive survey search few times by hiring the Surveyors to identify my properly line markings which was also encroached by another property owner at 4909 Ontario Avenue (corner property) both were backing to my property. This has caused me unnecessary expensive aggravation due to non co-operation from the neighbors and hiring the Lawyers etc. We had many problems for having an access to my own property and we could not even drive the truck from the driveway which was disturbed by the adjoining corner property to have an access for our construction work. I have tried to contact the owner of the property in the said application by leaving my business cards etc. and by knocking at the door but was not successful in contacting anyone. Just today only I was in touch with the owner of the property and found the owner is aware of the property line and encroachment but did not say anything about his line of action or future plans. I hereby object for the approval as requested unless they move the wooden fence onto their own property. The approval can be considered with the condition of removal of the fence from my property before commencement of their business, in order to have the easy access for my driveway paving which is due to be undertaken shortly. As you can witness the property at 4405 Simcoe Street at Lot 125 (behind these applicants) have completed the outside construction and now we are ready for the laying down the driveway stones to have the access for the interior work being commenced very soon. I trust this matter will be considered while considering any approval. Sincerely yours, ~~~~ ~~ Vijay Kapur DEC 1 4 2009 NIA;. Fw~~s c~s_atis'~5 221112~~ To whom it may concern, This is a request to temporally close the right of way between Buckley Ave and St.lawarance Ave. The ice rink that was at city hall will be moved to this location as per the attached. Please advise the proper legal name that needs to be on our insurance policy. Closed from Dec 2009 to Apri12010. _._ __._ ..._ Thank you, __a_._. _ Chn Presid~nt Taps Brewing Company Inc. 289-477-1010 cj effries@tapsbeer.ca ,4680 queen street niagara falls - Google Maps Page 1 of 1 http://maps.google.ca/maps?F-q&source=s_q&hl=en&geocode=&q=4680+queen+street+,., 12/11/2009 Address 4680 Queen St Niagara Falls, ON Community Services Department Planning & Development Inter-Department Memorandum TO: Mayor Ted Salci and DATE: December 14, 2009 Members of City Council FROM: Bob Bolibruck Manager of Community and Planning Projects Ext. 4298 RE: Request by Taps Brewery to Utilize Portion of City Laneway From St. Lawrence Avenue to Buckley Avenue The City has been requested by the owner of Taps Brewery to utilize a portion of the City Laneway that travels from St. Lawrence Avenue to Buckley Avenue for an outdoor skating rink (see attached sketch). This is the rink that was situated in front of City Hall last winter and owned by Historic Niagara. Taps Brewery currently operates their business from buildings located on either side of the Laneway. The eastern portion of the Laneway will not be impacted as a result of the rink proposal and pedestrians would still be able to travel from St. Lawrence to Buckley Avenue. The utilization ofthe Laneway will allow Taps to strategically locate the outdoor rink (80 feet x 50 feet in size) while maximizing the amount of land for parking and operation of the Brewery and Restaurant. It has been learned that the Laneway is not plowed during the winter months, nor is it used for garbage pickup. Because the Laneway is a public right-of--way, Council approval is required. If City Council supports the request, Taps has agreed to provide suitable insurance coverage for the use of the Laneway. They will limit the use of the rink in the evenings to minimize any potential complaints. BB: ~~~~~~~ S:ICOMMUNITYVMPROVEMENTPLANS1Downtownl0utdoor Rink~nemo to Council on use of City laneway.wpd Working Together to Serve Our Community ~' Falls Viewer Map Print Page 1 of 1 ~p~0 ,.3Jt(C ~G'~y G.`~~ Qf'o ~GSCC( O1~dou/ http://map. niagarafalls.ca/dialogPages/print. aspx 12/14/2009 CITY OF NIAGARA FALLS By-law No. 2009 - A by-lawto hereby authorize the Mayorand Chief AdministrativeOfficer toexecutethe Community Adjustment Fund ("CAF") Agreement between Her Majesty the Queen in right of Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister"), and the Corporation of the City of Niagara Falls (the "Recipient"). WHEREAS on June 8, 2009, the Council approved report MW-2009-41, Community Adjustment Fund Application (the "Report"); and WHEREAS the Report approved the that the City make application to the Community Adjustment Fund for the Montrose Road Business Park and the McLeod Road /Oakwood Drive Intersection Improvement; and WHEREAS in September 2009, the municipality received approval of the application for funding. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: An agreement under the Community Adjustment between Her Majesty the Queen in right of Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister"), and the Corporation of the City of Niagara Falls (the "Recipient"), as attached hereto, is hereby approved and authorized. 2. The Mayor and Chief Administrative Officer are hereby authorized to execute the said funding agreement. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said funding agreement. Passed this fourteenth day of December, 2009. .......................................................... DEAN IORFIDA, CITY CLERK ................................................ R.T. (TED) SALCI, MAYOR First Reading: December 14, 2009. Second Reading: December 14, 2009. Third Reading: December 14, 2009. -I- Project Number: 845-SOS 180 Mr: Ken Todd Chief Administrative Officex The Corporation of the City of Niagara Falls 4310 Queen Street Niagaza Falls, ON L2E 6X5 Deaz Mr. Todd: Re: The Corporation of the City of Niagara Falls In response to your application dated June 12, 2009, Her Majesty the Queen in Right of Canada ("Her Majesty"), as represented by the Minister of Industry (the "Minister") hereby offers to make a contribution under the Community Adjustment Fund ("CAF") to The Corporation of the City of Niagara Falls (the "R.ecipient") (the Recipient and the Minister collectively referred to as the "Parties" or individually as the "Parry") for the purposes of the project described in Annex 1 (the "Project"), upon the following terms and conditions: 1.0 The Aureemenf Ll This Agreement including Annex 1 -The Project -Statement of Work, Annex la - Environmental Mitigation Measures, Annex 2 -News Release Summary, Annex 3 - Costing Memorandum, Annex 4 (as provided fox in subsection 7.1), Annex S- Monthly Report, and Annex 6 -Monthly Employment Report upon being duly executed by the Recipient and the Minister, constitutes the entire agreement between the Parties pertaining to the matters contemplated hereby (the "Agreement") and' supersedes all prior agreements, documents, undertakings and negotiations, whether oral or written of the Parties, related to its subject matter. 1.2 Duration of Agreement. This Agreement comes into force on the Date of Acceptance and will terminate: (a) twelve (12) months after the earlier of. _ i) the completion of the Project to the satisfaction of the Minister; or ii) the Completion Date. (b) upon the date on which all amounts due by the Recipient to Her Majesty under this Agreement, have been paid-in full, whichever is the latter, unless terminated earlier in accordance with the terms of this Agreement. 1.3 Date of Acceptance. The date of acceptance shall be the date the duplicate copy of this offer, duly executed by the Recipient, is received by the Minister (the "Date of Acceptance"). 1.4 Survival. Notwithstanding the provisions of subsection 1.2 above, the rights and obligations of the Parties set forth in the following sections, shall survive the expiry or eazly termination of this Agreement, and shall remain-in full force and effect: Section 4 -Other Government Financial Support Section 6 -Monitoring, Audit and Eva]uation Section 11 -Indemnification and Limitation of Liability Section 12 -Default and Remedies Section 14 -Project Assets Section 16 -General Subsection 16.11 -Dispute Resolution -2- The survival period shall lapse six (6) years after the expiry or early termination of this Agreement. I.5 Precedence. In the event of, and only to the extent of, any conflict or inconsistency between the part of the Agreement that precedes the signatures of the Parties, and the annexes that follow, the part of this Agreement that precedes the signatures of the Parties shall apply. The order of precedence amongst the annexes of this Agreement will be: Annex I -Statement of Work Annex la -Environmental Assessment Act Annex 3 -Costing Memorandum - Annex 2 -News Release Summary Annex 4 -Recipient representation documents per subsection 7.1 Annex 5 -Monthly Report Annex 6 -Monthly Employment Indicator Report 1.6 Headings. The headings used in this Agreement are inserted for convenience of reference only and shall not affect its interpretation. 2.0 The Proiect 2,1 The Project commencement date is August 27, 2009 (the "Commencement Date") and the Recipient shall insure that the project is completed to the Minister's satisfaction no later than Marcb 31, 2010 ("Completion Date"). 3.0 The Contrihution 3.1 The Minister will make anon-repayable Contribution (the "Contribution") to the Recipient in respect of the Project in an amount not exceeding the lesser of: - (a) 22.39% of the eligible and supported costs outlined in Annex 1 (the "Eligible and Supported Costs") of $2,552,555.00 of the Project incurred and paid, and (b) $571,772.00 3.2 The Minister shall not cohtribute to any Eligible and Supported Costs incurred prior to June 12, 2009 and later than Mazch 31, 2010. In no circumstances shall the Minister contribute to costs incurred after March 31, 2010. The Minister shall not consider any requests to extend this project and any underspending cannot be carried forward to the next fiscal year. 3.3 Notwithstanding 3.2, in no event will the Minister pay more than ten percent (10%) of the Contribution as set out under 3.1 towards Eligible and Supported Costs incurred by the Recipient prior to the Commencement Date. 3.4 The Minister shall not contribute to any Eligible and Supported Costs incurred by the Recipient that could cause the Contribution noted in subsection 3.1 above to exceed $571,772.00 in the fiscal year ending Mazch 31, 2010. 3.5 The Recipient shall use the Contribution solely and exclusively to support the Eligible and Supported Costs of the Project as detailed in Annex I and shall carry out the Project in a diligent and professional manner, using qualified personnel. 3.6 The Recipient shall be responsible fox ail costs of the Project, including cost overruns, if any. _3. 4.0 Other Government FYnancial Sunoort 4.1 The Recipient hereby confirms that for the purposes of this Project, the following federal, provincial, municipal or local govemment assistance, including tax credits, has been requested or received: Municina] $1,290,783 4.2 The Recipient shall promptly inform the Minister in writing in the event additional other government financial support has been requested or received during the term of this Agreement, and acknowledges and agrees that an adjustment to the amount of the Contribution and a request for repayment of part or all of the amounts paid to the Recipient maybe made as a result thereof. The amount of repayment requested will constitute a debt due to Her Majesty and will be recovered as such from the Recipient. 4.3 In no instance will the total Canadian govemment funding towards the Eligible and Supported Costs being supported under this Agreement be allowed to exceed one hundred percent (100%) of the Eligible and Supported Costs under this Agreement. 5.0 Cleans and Pavments ' 5.1 The Recipient shall maintain accounting records that account for the Contribution paid to the Recipient and related Project costs in respect of this Agreement sepazate and distinct from any other funding. 5.2 Claims Procednres. The Recipient shall submit claims for reimbursement of Eligible and Supported Costs incurred, not more frequently than monthly and not less frequently than quarterly, in a form satisfactory to the Minister. Each claim will include the following information: (a) an itemized summary of Eligible and Supported Costs incurred; (b) for each expense being claimed, a copy of the invoice rendered to the Recipient (or if no invoice is available, the contract vendor's name and contact information, the date(s) that goods and services were provided, and the date the contract vendor was paid), if required by the Minister; (c) a brief explanation of the claim; (d) the most current Monthly Report (Annex 5), as outlined in Section 6.1; (e) identification of any deferred paymentamounts; (f) a certification of the claim by an officer of the Recipient or other person satisfactory to the Minister, confurning the accuracy of the claim and all supporting information provided; and (g) any other documentation in support of the claim as may be required by the Minister. 5.3 Advance Payments. (a) Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need for an advance against the Eligible and Supported Costs payable under this Agreement, the Minister may, at his sole discrefion, pay to the Recipient advances based on submitted cash flow requirements for Eligible and Supported Costs to be paid during Fiscal Year 2009-10 up to twenty-five percent (25%) of the annual Contribution as specified under provision 3.1 a) with subsequent advances provided upon receipt of satisfactory reporting on progress and spending to date and the following procedures: 4- The Recipient shall submit to the Minister's satisfaction, a forecast of cash flow requirements to be incurred during the first advance period along with any documentation that the Minister may reasonably request. ii) The Recipient shall account for the use of any advances within one hundred and twenty (120) days of the beginning of the advance period. iii) Should subsequent advances be requested, the Minister may make additional advances provided that the Recipient shall follow the same process as outlined under i) and ii) above and has supplied the following information to the Minister's satisfaction: (1) A statement of the Eligible and Supported Costs incurred during the previous advance period, or any other advance period, certified by a financial officer or other representative of the Recipient; and (2) Submitted at least six (6) weeks before the start of the next advance. iv) If the amount of the advance exceeds the amount of Eligible and Supported Costs incurred during the previous advance period, the Minister shall deduct the excess amount and any interest earned from any other payment under this Agreement, 5.4 Final Claim Procedures. (a) In addition to the requirements set out in subsection 5.2 Claims Procedures, the Recipient's fmal claim pertaining to the final reimbursement of any Eligible and Supported Costs previously claimed or not; and/or the reconciliation of any outstanding advances, shall be signed by an authorized officer of the Recipient, or such other representative of the Recipient satisfactory to the Minister, and accompanied by the following, in a form satisfactory to the Minister in scope and detail: (i) a finat itemized statement of all Eligible and Supported Costs incurred and paid by the Recipient; (ii) a final statement of total Project costs; (iii) the final Monthly Employment Report as outlined in section 6.3; (iv) a statement of the total government assistance (federal, provincial and municipal assistance) towards the eligible costs supported in the Agreement received or requested; (v) a final report on the Project in the form provided or in a form similar to Annex 5; (vi) an attestation confirming the Recipient's compliance with the terms and conditions of the Agreement; and (vii) an attestation confirming that it is the final claim for payment. and as such, it includes all final Eligible and Supported Costs submitted for payment. (b) The Recipient shall submit the final claim for reimbursement of Eligible and Supported Costs to the satisfaction of the Minister no latex than three (3) months after the Completion Date but in any event no later than June 30, 2010. The Minister shall have no obligation to pay any claims submitted after this date. 5.5 Payment Procedures. (a) The Minister shall review and approve the documentation submitted by the Recipient following the receipt of the Recipient's claim, or will notify the Recipient of any deficiency in the documentation submitted which deficiency the Recipient shall immediateiy take action to address and rectify. -5- (b) Subject to the maximum Contribution amounts set forth in subsections 3.1 and 3.4 and all other conditions in this Agreement, the Minister shall pay to the Recipient the Minister's portion of the Eligible and Supported Costs set forth in the Recipient's claim in accordance with the Minister's customary payment practices. (c) The Minister may request at any time that the Recipient provides satisfactory evidence to demonstrate that all Eligible and Supported Costs claimed have been paid. (d) The Minister may require that any claim submitted for payment of the Contributon be certified by the Recipient's external auditor or by an auditor approved by the Minister. 5.6 Holdbacks. Notwithstanding any other provision of this Agreement, the Minister may, at the Minister's sole discretion, withhold up to ten percent (10%) of the Contribufion amount until: (a) the Project is completed to the satisfaction of the Minister; (b) the final report has been submitted to the satisfaction of the Minister; (c) audits, where required by the Minister have been completed to the satisfaction of the Minister; and (d) the Minister has approved the final claim described in subsection 5.4. 5.7 Overpayment or non-entitlement. Where for any reason the Recipient is not entitled to a1L or part of the Contribution or the amount paid to the Recipient exceeds the amount to which the Recipient is entitled, the Contribution or the amount in excess, as the case may be, shall constitute a debt due to-Her Majesty and shall be recovered as such fromthe Recipient. The Recipient shall repay the Minister promptly and in any case no later than thirty (30) calendar days from the date of the Minister's notice, the amount of the Contribution disbursed or the amount of the overpayment, as the case may be, together with interest in accordance with the Interest and Administrative Charges Regulations, in effect on the due date, plus three percent (3%) compounded monthly on overdue balances payable, from the date of the notice, until payment is received by the Minister. 5.8 Sharing Ratios. If the Minister makes individual payments that represent higher sharing ratios than those authorized for the total Contribution, in no event shalt the overall shazing rafio calculated on the total Eligible and Supported Costs of the Project exceed the maximum authorized shazing ratios as provided in subsection 3.1 a). 6.0 Monitorlnn, Audit and Evaluation 6.1 Monthly Report. The Recipient shall submit to the Minister monthly progress reports and a final report, ("Monthly Report") substantially in the form of Annex 5 hereto, as provided in section 5.2, satisfactory to the Minister in scope and detail. These reports shall include, for capital projects only, a pictorial record of the progress, dated and time stamped, available in electronic format. A Report of a particular month must be submitted by the tenth (10`h) day of [he following month. 6.2 The Monthly Report referred to in subsection 6.1 shall contain information sufficient to allow the Minister to assess the progress of the Project, including for example, a description of work completed to date; a percentage of completion report signed-off by the managing architect or engineer (where applicable); photos that demonstrate the progress of the Project (where applicable); and a report on implementation of environmental mitigation measures (where applicable). Upon request of the Minister and at no cost to him, the Recipient will promptly elaborate upon any Monthly Report subiitted. 6.3 Monthly Employment Report. The Recipient shall submit a Monthly Employment Report in the form of Annex 6, satisfactory to the Minister in scope and detail. -6- The Recipient shall submit the Monthly Employment Reports of a particular month by the tenth (10 )day of the following month. 6.4 The Minister may request that the Recipient submit to the Minister a copy of the Recipient's financial statements, within one hundred and twenty (120) calendar days of the Recipient's fiscal year end or within such longer period as may be authorized by the Minister. _ 6.5 The Recipient shall provide to the Minister a copy of any report or publication produced as a result of this Agreement, whether interim or final, as soon as the same becomes available. 6.6 The Recipient shall for the term of this Agreement and far a period of six (6} yeazs after the expiry or eazly termination of this Agreement, at its own expense: (a) preserve and make available for audit and examination by the Minister's representatives, proper books, accounts and records of the costs of the Project, wherever such books, and records may be located, and permit any authorized representative of the Minister to conduct such independent audits and evaluations as the Minister in his discretion may require; (b) permit any authorized representatives of the Minister reasonable access to the Recipient's premises and documents to inspect and assess the progress and results of the Project; (c) supply promptly, on request, such other data in respect of the Project and their results as Ure Minister may require for purposes of this Agreement and for statistical purposes. 6.7 The Minister shall have the right, at his own expense, and as and when he detem»nes necessary, to perform audits of the Recipient's books, accounts, records, fmancial statements and claims for reimbursement of Eligible and Supported Costs, and the Recipient's administrative, financial and claim certification processes and procedures, for the purposes of verifying the costs of the Project, validating claims for reimbursement of Eligible and Supported Costs, ensuring compliance with the terms of this Agreement, and confirming amounts repayable to the Minister under the provisions of this Agreement. 6.8 Any audits performed hereunder wil( be carved out by auditors selected by the Minister, which may include any of the following: Department of Industry officials, an independent auditing firm, and the Recipient's external auditors. The Minister will provide the Recipient with a description of the scope and criteria of the audit and the expected time flames for completion of the audit and public release of ffie related reports. 6.9 Auditor General of Canada. The Recipient acknowledges that the Auditor Generaf of Canada may, at the Auditor General's cost, after consultation with the Recipient, conduct an inquiry under the authority of subsection 7.1(I) of the Auditor General Act in relation to any funding agreement (as defined in subsection 42.(4) of the Financial Administration Act) with respect to the use of funds received. For purposes of any such inquiry undertaken by the Auditor General, the Recipient shall provide, upon request and in a timely manner, to the Auditor General or anyone acting on behalf of the Auditor General ' (a) all records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and the use of the Contribution; and (b) such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to this Agreement and/or the Contribution. -~- 7.0 Renreaentationa 7.1 The Recipient represents, warrants and covenants that: (a) it is a Municipally Created Organization and is in good standing under the laws of Ontario, and has the power and authority to carry on its business, to hold its property and to enter into this Agreement and it has the power and authority, and has met aLI legal requirements, necessazy to carry on business, hold property, and to enter into, deliver and perform this Agreement. The Recipient warrants that it shall remain as such for the duration of this Agreement; (b) the execution, delivery and performance of this Agreement have been duly and validly authorized by the necessazy corporate actions of the Recipient and when - executed and delivered by the Recipient, this Agreement constitutes a legal, valid - and binding obligation of the Recipient enforceable in accordance with its terms. The relevant by-laws and resoluton that authorize the same are attached to this Agreement by the Recipient as Annex 4. (c) it has acquired general liability insurance and property damage insurance, evidence of which must be included with the first Monthly Report, that is consistent with the level of risk exposure associated with the Project, as described in the Annex 1 - Project Statement of Work and will maintain such from the Commencement Date to the Project Completion Date. (d) the signatories to this Agreement, on behalf of the Recipient, have been duly authorized to execute and deliver this Agreement; (e) this Agreement constitutes a IegalLy binding obligation of the Recipient, enforceable against it in accordance with its terms, subject as to enforcement of remedies to applicable bankruptcy, insolvency, reorganizafion and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree ordering specific performance or other equitable remedies; (f) the execution and delivery of this Agreement and the performance by rite Recipient of its obligations hereunder will not, with or without the giving of notice or the passage of time or both: i. violate. the provisions of the Recipient's by-laws, any other corporate governance document subscribed to by the Recipient or any resolution of the Recipient; ii. violate anyjudgment, decree, order or award of any court, government agency, regulatory authority or arbitrator; or iii. conflict with or result in the breach or termination of any materiat term or provision of, or constitute a default under, or cause any acceleration under, any license, permit, concession, franchise, indenture, mortgage, lease, equipment lease, contract, permit, deed of trnst or any other instrument or agreement by which it is bound. (g) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. 8.0 Federal Visibility Requirements 8.1 The Recipient agrees that its name, the amount of the Contribution and a description ofthe general nature of the activities supported under this Agreement may be made publicly available by the Minister. 8- 8.2 In order to promote the support received from the Government of Canada, and to raise awareness of the CAF as part of Canada's Eeonomic Action Plan (EAP), the Recipient agrees to the following requirements, to be implemented at the discretion of the Minister: (a) Coordinate and participate in a public announcement of the Agreement by the Minister or his designated representatives in the form of an event and/or news release as provided by the Minister. The Recipient shall maintain the confidentiality of this Agreement until such public announcement; (b) Prominently display at the Project site in a manner prescribed by the Minister, promotional material or signage to be provided by the Minister, communicating the nature of the funded activities and/or the involvement of the Govemment of Canada; (c) Invite the Minister or his designated representatives to public/media events related to achievements or initiatives taken by the Recipient and acknowledge the role of the Government of Canada on these occasions; (d) Follow the Govemment of Canada protocol, as provided by the Minister, during public/media events involving the Recipient; (e) When providing infomration on the products and services funded in whole or in part by this Agreement (including financial assistance for an enterprise or organization), specify that the financial assistance is made possible through a contribution from the Govemment of Canada; and (f) Include the appropriate Government of Canada wordmark in all publications and advertising describing or promoting the products and services funded in whole or in part by this Agreement, including, but not limited to, electronic media (web, television, video), and print media (signs, print advertising, brochures, magazines, . maps, Posters). The Minister may, by notice in writing given to the Recipient, require that recognition of the support provided by the Minister not be made in any public communication of the Recipient. 9.0 Official Languages 9.1 The Recipient in completing the Project will not be providing services to or communicating with members of an official languages minority community. Should there be a change in circumstances such that the Recipient will be providing services to and communicating with an official languages minority community, the Recipient agrees to comply with the requirements of the Official Languages Act, from that date forwazd. 10.0 Environmental and Other Requirements 10.1 The Minister has determined that the Project is a "project" as defined by the Canadian Environmental Assessment Act, therefore the Contribution is conditional upon the Recipient successfully implementing the mitigation measures from the environmental assessment process, as identified in Annex la, ENVIILONMENTAL MITIGATION MEASURES, within the time frames specified therein satisfactory in scope and detail to the Minister, and certifies the Minister that it has done so. 10.2 The Recipient shall comply with all federal, provincial, territorial, municipal and other applicable laws governing the Recipient or the Project, or both, including but not limited to, statutes, regulations, by-laws, roles, ordinances and decrees. This.includes legal requirements and regulations relating to environmental protection. 10.3 The Recipient will provide the Minister with reasonable access to any Project site for the purpose of ensuring that the terms and conditions of any environmental approval are met, and Orat any required mitigation measures, monitoring or program follow up have been carried out to the satisfaction of the Minister. - -9- 10.4 If a change that would trigger a re-assessment of the Project under the Canadian Environmental Assessment Act is proposed fox, ox made to, the Project, The Parties agee that despite any other provision in this Agreement, the Minister's obligations under this Agreement will be suspended until a federal environmental assessment is completed and the updated mitigation measures being implemented as the case may be, are unlikely to result in any significant adverse environmental effects. 10.5 Aboriginal consultation. The Recipient acknowledges that the Minister's obligation to pay the Contribution is conditional upon Her Majesty satisfying any obligation that Her Majesty may have to consult with or to accommodate any Aboriginal groups that may be affected by the terms of this Agreement. 11.0 Indemnification and Limitation of Liability - I1.1 The Recipient shall at all times indemnify and save harmless the Minister, his officials, employees and agents, from and against all claims and demands, losses, costs, damages, actions, suits or other proceedings (including, wiffiout limitation, those relating to injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights) by whomsoever brought or prosecuted, or threatened to be brought or prosecuted, in any manner based upon, caused by, or arising directly or indirectly from: (a) the Project, its operation, conduct or any other aspect thereof; (b) the performance or non performance of this Agreement, or the breach or failure to~ comply with any term, condition, representation or warranty of this Agreement, by the Recipient, its officers, employees and agents, or by a third parry or its officers, employees, or agents; or, (c) any omission or other wilful or negligent act or delay of the Recipient or third parry and their respective employees, officers, or agents, except to the extent to which such claims and demands, losses, costs, damages, actions, suits, ox other proceedings relate to the wilful or negligent act or omission of an official, employee, or agent of the Minister in the performance of his or her duties. 11.2 The Minister shall have no liability under this Agreement except for payments of the Contributon in accordance with the provisions of this Agreement. Without limiting the foregoing, the Minister shall not be liable far any direct, indirect, special or consequential damages, or damages for loss of revenues or profits of the Recipient. 12.0 Default and Remedies 12.1 Event of Default. The Minister may declare that an event of default has occurred iE (a) the Project is not completed to the Minister's satisfaction by March 31, 2010; (b) the Recipient makes a materially false or misleading statement concerning support by rite Minister in any internal and/or public communication, other than in good faith; (c) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time in force relating to banlaupt or insolvent debtors; (d) the Recipient has made an order or passed a resolution for the winding up of the - Recipient, or the Recipient is dissolved; (e) the Recipient has, in the opinion of the Minister, ceased to operate or has sold all or substantially all its assets; lo- (f) the Project is carried out at locations other than those mentioned in the Statement of Work; (g) the Recipient has submitted false or misleading information, or has made a false or misleading representation to the Minister or in this Agreement; (h) the Recipient has not, in the opinion of the Minister, met or satisfied a term or condition of this Agreement; (i) the Recipient is not eligible or is otherwise not entitled to the Contribution; and/or, (j) the Recipient has not wmplied with the audit and evacuation requirements specified in this Agreement. 12.2 Noflce and Rectification Period. The Minister may make a declaration of defaultfiy providing written notice to the Recipient of the conditionor event which, in the Minister's opinion, constitutes an event of default under subsection 12.1. Except in the circumstances described in subsections (c) and (d) of section 12.1, the Minister may, in his discretion, advise the Recipient of the condition or event, and allow the Recipient a period of fifteen (15) catendaz days, or such other time as the Minister may in his sole discretion decide, to correct the condition or event complained of, or to demonstrate to the satisfaction of the Mister that it has taken the necessary steps to correct the condition, failing which the Minister may immediately declare that an event of default has occurred. Notification by the Recipient of rectificafion shall be made in writing within the period of fifteen (IS) calendar days or such other time as the Minister decided. 12.3 Remedies. If the Minister declares that an event of default has occurred, the Minister may immediately exercise any one ox more of the following remedies: (a) terminate any obligation by the Minister to make any payment under this Agreement, including any obligation to pay an amount owing prior to such termination; (b) suspend any obligation by the Minister to make any payment under this Agreement, including any obligation to pay an amount owing prior to such suspension; (c) require the Recipient to repay forthwith to the Minister all or part of the Contribution; and (d) exercise any other remedy available to the Minister at law. 13.0 Notice 13.1 Any notce, information or document required under this Agreement shall be effectively given if delivered or sent by letter or facsimile (postage or other charges prepaid). Any notice that is delivered shall be deemed [o have been received on delivery; any notice sent by facsimile shall be deemed to have been received one (1) working day after being sent, any notice that is mailed shall be deemed to have been received eight (8) calendar days after being mailed. 13.2 Any notice or correspondence to the Minister shall be addressed to: Federal Economic Development Agency for Southern Ontario I51 Yonge Street, 3~ Floor Toronto, ON MSC 2W7 Attention: Community Adjustment Fund or to such other address as is designated by the Minister in writing. 11- 13.3 Any notice or correspondence to the Recipient sha1L be sent to the address indicated on the face of the present Agreement. 13.4 Each of the Parties may change the address which they have stipulated in this Agreement by notifying in writing the other party of the new address, and such change shall be deemed to take effect fifteen (15) calendar days after receipt of such notice. 14.0 ProiectAssets (a) The Recipient shall retain title to, and ownership of, the capital assets, the cost of which has been contributed to by the Minister under this Agreement (the "Project Assets") for a minimum of six (6) years after the expiry or early termination of this Agreement, and shall not dispose of the same for a period of six (6) years after the expiry or eazly termination of this Agreement, without the prior written authorization of the Minister. As a condition of such consent, the Minister may require the Recipient to repay the Minister the whole or any part of the Contribution paid to the Recipient hereunder; (b) The Recipient shall acquire and maintain on the Project Assets fox a minimum of six (6) years after the expiry or early termination of this Agreement, property damage insurance that is consistent with the level of risk exposure associated with the Project. 15.0 Miscellaneous 15.1 The Recipient represents and warrants that no member of the House of Commons and Senate of Canada shall be admitted to any share or part of this Agreement or to any tienefit arising from it, that are not otherwise available to the general public. 15.2 The Recipient confirms that no cturent or former public servant or public office holder to whom the Pa7ues and Ethics Code for the Public Service or the Conflict of Interest Act applies shall derive direct benefit from the Agreement, including any employment, payments of gifts, unless the provision or receipt of such benefits is in compliance with such codes and legislation. Where the Recipient employs or has a major shazeholder who is either a current or former (in the tact twelve (12) months) public office holder or public servant in the federal government, the Recipient shall demonstrate compliance with these codes and legislation. 15.3 The Recipient represents and warrants that: (a) any person who, fox consideration, dvectly or indirectly, communicated- with or arranged a meeting with a public office holder, in respect of any aspect of this Agreement, prior to the execution of the Agreement, was in compliance with all requirements of the Lobbying Act, as amended from time to time; (b) any person who, for consideration, directly or indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with a public office holder, will be in compliance with all requirements of the Lobbying Act; (c) at all relevant times it has been, is and will continue to remain in compliance with the Lobbying Act; (d) it has not, nor has any person on its behalf, paid or provided or agreed to pay ox provide, to any person, duectly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with a public office holder; and (e) it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any -12- other consideration (whether monetary or otherwise) that is dependant upon the person arranging a meeting with any official of employee of Her Majesty. - 15.4 The Recipient acknowledges that the representations and warranties in this section aze fundamental terms of this Agreement. In the event of a breach of these, the Minister may exercise the remedies provided under subsection 12.3. 16.0 General 16.1 Any amount owed to the Minister under this Agreement shall constitute a debt due to Her Majesty and shall be recovemble as such. The Recipient agrees to make payment of any such debt forthwith on demand. 16.2 Debts due to Her Majesty will accrue interest in accordance with Ore Interest and Administrative Charges Regulations, in effect on the due date, plus three percent (3%) per annum compounded monthly on overdue balances payable, from the date on which the payment is due, until payment in full is received by the Minister. Any such amount is a debt due to Her Majesty and is recovemble as such. 16.3 Any debt due to Her Majesty by the Recipient may be offset against any amounts payable by Her Majesty to the Recipient. The Minister may set off against the Contribution, any - amounts owed by the Recipient to Her Majesty under legislation or contribution agreements and the Recipient shall declare to the Minister all amounts outstanding in that regard when making any claim under this Agreement. 16.4 Neither this Agreement nor any par[ thereof shall be assigned by the Recipient without Ore prior written consent of the Minister. 16.5 Payment by the Minister of amounts due under this Agreement shall be conditional on there being a legislated appropriation for the fiscal year of the Government in which the payment is due. The Minister shall have the right to terminate or reduce the Contribution in the event t(rat the amount of the appropriation is reduced or denied by Parliament. Ixa the event that any portion of the Contribution has been paid to the Recipient and the legislated appropriation for the fiscal year of the Government in which such payment is made is not obtained, the Minister shall have the right to recover the amount so paid from dre Recipient. 16.6 Phis Agreement is binding upon the Recipient, its successors and permitted assigns. 16.7 Subject to the Access to Information Act (Canada), to the Library and Archives Act of Canada, to section 8.0 of this Agreement and to Annex 2, the Parties shall keep confidential and shall not disclose the contents of this Agreement or the transacfions contemplated hereby without the consent of all Parties. 16.8 Notwithstanding subsection 16.7, the Recipient waives any confidentiality rights to the extent such rights would impede Hex Majesty from fulfilling its notification obligations to the World Trade Organization under Article 25 of the Agreement on Subsidies and Countervailing Measures. 16.9 This Agreement shall be subject to and constmed in accordance with the laws of Canada and of Ontario. 16.10In the event that the Minister is prevented from disbursing the full amount of the Contribution towazd Eligible and Supported Costs incurred prior to March 31, 2010, the Parties agree to review the effects of such a shortfall in the Contribution on the implementation of the Agreement and to adjust, as appropriate, the mutual obligations specified therein. 16.11 If a dispute arises concerning the application or interpretation of this Agreement, the Parties shall attempt to resolve the matter through good faith negotiation, and may, if 13- necessary and the Parties consent in writing, resolve the matter through mediation or by arhitrafion by a mutually acceptable mediator or azbitration in accordance with ilre Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act (Canada), and all regulations made pursuant to that Act. 16.12 No amendment to this Agreement shall be effective unless it is made in writing and signed by the Parties hereto. - 16.13 No provision of this Agreement or action by the Parties will establish or be deemed to establish any partnership, joint venture, principal-agent or employer-employee relationship in any way, or for any purpose, between the Minister and the Recipient, or between the Minister and a third party. Nothing in this Agreement shall be construed as authorizing either Party, or any third party, to contract for, incur any obligation on behalf of, or act as agent for a Party to this Agreement. 16.14 Any tolerance or indulgence demonstrated by one Party to the other, or any partial or limited exercise of rights conferred on a Party, shall not constitute a waiver of rights, and unless expressly waived in writing both Parties shall 6e entitled to exercise any right and to seek any remedy available under this Agreement or otherwise at law. Either Party may, by notice in writing, waive any of its rights under this Agreement. 16.15 Title tc any intellectual property created solely by the Recipient as part of or in respect of the Project will vest with the Recipient or will be determined by applicable Canadian law, provided that the Minister shall be given the right to the use of any of such intellecmal property (e.g. brochures, awareness, packages, etc.) for any governmental purposes. 16.16 All reports and other information that the Minister collects, manages or has a right to receive or produce in accordance with this Agreement, or that the Recipient collects, creates, manages and shares with the Minister, shall be deemed to be "Canada Information". The Minister shall have the right, subject to the provisions of the Access to Information Act, to release to the pulilic, table before Parliament, or publish by any means, any Canada Information, including such excerpts or summaries of the Canada Information as he may, from time to time, decide to make. 16.17 Competitive process. The Recipient shad acquire and manage all equipment, services and supplies required for the Project through a transparent, compefitive process that ensures the best value for funds expended. Municipalities must follow their established procurement protocol as directed by the Municipal Act. All other Recipients must ensure drat for equipment, services and supplies, the estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three written quotes, copies of which will be provided to the Minister. A contract for these must be awarded to the lowest qualified bidder or, where the bid price is not the sole specified selection criterion, the highest ranked bidder. 16.18 No conflict of interest. The Recipient and its consultants and any of their respective advisors, partners, directors, officers, employees, agents 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 in lire sole opinion of the Minister) with the provision of services under this Agreement. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Project or where such a person owns or has an interest in an organization drat is carrying out work related to the Project. 14- 16.19 Disclose potential conflict of interest. The Recipient sha1L disclose to the Minister without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. This offer is open for acceptance for 30 days from the date that appears on its face after which time it will become null and void. If further information is required, please contact Lisa Baum at (416) 954-7175. Yours truly, Davi lgie, Director Community Economic Development Directorate The Corporation of the City of Niagara Falls Project Number: 845-505180 - Pex: (Signature of Recipient's Representative) (Title) Per: (5i afore of Recipient's Representative) (Title) The foregoing is hereby accepted on this _day of CITY OF NIAGARA FALLS By-law No. 2009 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-lawNo. 2002-081 is amended by deleting Schedule "C" and that Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this fourteenth day of December, 2009. ...................................................... DEAN IORFIDA, CITY CLERK .................................................. R. T. (TED) SALCI, MAYOR First Reading: .December 14, 2009. Second Reading: December 14, 2009. Third Reading: December 14, 2009. SCHEDULE"C" 1. Parking By-law Enforcement Officers: Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Marzenna Carrick Julio Lavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGirolamo Larry Downing Hanya Goforth Kevin Howe Les Jarvis Erroll Kettell Norm Leonard David Lewis John MacLeod Rob McDonald John McPherson Kerri Michaud Kathy Moldenhauer Chris Nave Reginal Osborne AI Poisson Stephan Portelance Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Amanda St Laurent Matt Vandervelde Jana Vermeulen Brenda Wylie CITY OF NIAGARA FALLS By-law No. 2009- A by-law to temporarily remove the public right ofpassage over a highway. WHEREAS Section 35 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to temporarily remove the public right of passage over a highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it "expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARAFALLS ENACTS AS FOLLOWS: 1. The public right ofpassage over the public lane connecting St. Lawrence Avenue to Buckley Avenue, between Queen Street and Huron Street, identified by P.LN. 643290118, is hereby temporarily removed for the period from the date ofthis by-law until Apri115, 2010 to allow for the installation of a skating rink. 2. The area of the subject lane over which the public right ofpassage is suspended shall consist of the area of the lane occupied by the skating rink. 3. The Corporation of the City of Niagara Falls shall enter into a licence to allow a skating rink to be partially located on the subject lane with the person or persons who have control of the property known municipally as 4680 Queen Street. 4. The licence agreement described in paragraph 3 shall be in a form acceptable to the Chief Administrative Officer and the City Solicitor and shall terminate on April 15, 2010. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent ofthis by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fourteenth day of December, 2009. DEAN IORFIDA, CITY CLERK ........................................................ R.T. (TED) SALCI, MAYOR First Reading: December 14, 2009. Second Reading: December 14, 2009. Third Reading: December 14, 2009.