Additions to Council, June 11, 2013 ADDITIONS TO COUNCIL, TUESDAY, JUNE 11, 2013
PRESENTATIONS
1 . Mayor's Youth Advisory Committee
- Survey Results - Youth Opinions on Recreation and Transportation
2. Museum Advisory Board
- Copy of Presentation: re: Update of activities
RESOLUTIONS
1 . Downtown Niagara Falls BIA- Requesting noise by-law extension.
BY-LAWS
1 . 2013-102 A by-law to authorize the execution of an Agreement with Dr. Rosemary Okafor
dated June 11 , 2013, respecting the physician's commitment to practice
medicine in the City.
2. 2013-103 A by-law to authorize the execution of an Agreement with Dr. Benjamin Pang
dated June 11, 2013, respecting the physician's commitment to practice
medicine in the City.
Advi.
�; Survey Results
I ,s Youth Opinions on Recreation and
ti Transportation
6/11/2013
Mayor's Youth Advisory Committee
Connor Bitter—Chair, Youth Voice Committee
MYAC Survey Results June 2013
Table of Contents
Recreation Survey 2
Introduction 2
Summary 2
Questions and Answers 2
What have you done in the city? 2
Why don't you do some recreational activities? 3
Do you go outside the city for recreational activities? 4
How would you rate the recreation in Niagara Falls? 5
Tables 5
Responses by School 5
Demographic Information 7
Conclusion 7
Transportation Survey 8
Introduction 8
Summary 8
Questions and Answers 8
Do you use public transportation? 8
Have you ever used a 25/50 cent bus ride? 9
Do you use illegal taxi services? 10
How often do you walk to a public place? 10
Do you use alternative transportation methods? 11
Do you utilize walking/hiking/biking trails? 11
How would you rate the quality of public transit? 12
Tables 12
Conclusion 12
1
MYAC Survey Results June 2013
Recreation Survey
Introduction
The MYAC has conducted a survey on recreation to further understand what youth needs are being met
in the community. The goal of this survey is to provide council with valuable information from the youth
of the city that can be used as a reference when making decisions affecting the young population. This
survey focuses on both what has worked in the past, ways to expand, and areas of improvement for
current infrastructure. The survey was produced by Spencer Maves.
Summary
The survey of 400 students in Niagara Falls reveals both positives and areas in need of improvement
when dealing with youth recreation in the city.
• Many decide not to engage in recreational activity because of cost, transportation, or a lack of
interesting activities.
• The youth gave both the opportunity for and the quality of recreation a mediocre grade of 6.63
and 6.65 respectively.
• More than half of respondents have engaged in city-run events, tourist-intended attractions,
organized athletics and fitness.
• While other areas of recreation have been put to good use, less than a quarter of respondents
indicated that they have engaged in an arts and culture event in the city.
• Almost half of respondents indicated that there are activities they must leave the city to
participate in.
• Common suggestions included: "Lower prices for locals", "More events like Springlicious",
"Better marketing to youth", and "Better mall".
lid 2Si? iS and Ans rj
We were interested in finding out what events have been successful at drawing local youth to them. This
provides an opportunity to expand on popular areas and bolster those that are lacking.
City Events: Nik Wallenda Walk, Crashed Ice etc.
Athletics: Organized sports and athletics
Fitness: Biking, Working Out
Tourist: Tourist-Based Recreation
Arts: Arts and Culture Events
Games: e-Gaming, Chess, Cards etc.
2
MYAC Survey Results June 2013
Youth Recreation Areas
250
w 200
a
a 150 ---. -----
v
o 100
Z
0
city athletics fitness tourist arts/culture games
attractions
# of respondents 170 214 237 209 76 59
V5 fl'• don t v uu do some reckeat ono]
The data here provides some insight as to why students do not participate in local activities.
Inhibiting Factors Affecting Youth Recreation
3% 2/
2%
•lack of opportunity
�.. ■cost
•transportation
_.,.._
•safety
•time
•lazy
tadd Cost Trailitkilatian San" nne laziness
128 173 147 16 8 8
This illustrates that both transportation and cost are issues preventing youth from taking part in
recreational activities in the city. Some suggestions that youth gave that could help alleviate some of
these concerns are:
•
Have high school more involved with the activities and to include students in helping run the
events.
3
MYAC Survey Results June 2013
• "More out door festivals for youth to join. More carnivals or times to get together with friends
to either go to enjoy ourselves or volunteer"
• "discounts for locals"
• "Advertise how to get involved with events more. Give a discount to locals for tourist
attractions."
MYAC believes that local discounts with businesses should be investigated in consultation with youth to
ensure the city is properly serving students.
Do ■,uu go outside the city for recreational activities'
The committee thought it would useful to council to know what activities students went outside the city
to do. This could provide basis for new infrastructure in the city as well as give insight as to how well
current activities are performing.
Do you go outside the city for recreational
activities?
•
�^x t
s+q
(r
It was indicated that over two-thirds of students did not leave the city for recreation. While this number
is high, it should be noted that many still do leave the city; it would be best to retain them here. Some of
the activities that were done in other cities were:
• Cheerleading
• Football
• Shopping
• Concerts
• Festivals
• Dining
Many responses also pointed back to cost as being a reason they went outside of the city. Dining and
shopping in particular were indicated as lacking in value and selection.
4
MYAC Survey Results June 2013
tiovi, 1,,,ould you rate the recreation in Niagara Falls?
This allowed respondents to give a number value to both the opportunity for recreation and the quality
of said recreation.
rate opportunity for recreation rate quality of recreation
75 40
'5 2 4
"5
3 2 ' '€e
4 14
4 3
3 24
- 77
3.3 3 . 3 3 71
57 2 '3
3 12 2 25
•C
‘1444 '13 3
II I tom am m I -;
' 2 3 4 5 ' 5 5 • ' 2 3 4 5 5 I •
For both quality and opportunity of recreation the average was 6.6 This translates to a letter grade of
"C" in Ontario schools. It should be noted that there were not many respondents that indicated a value
less than 5 (less than 10% for both).
TA hI e
Stamford
Activities Participated In
City events Athletics Fitness Tourist Arts/Culture Games
attractions
41 54 64 I 53 1 17 17 1,
What are some reasons you don't do something recreational in the city?
Lack of Cost , Transportation Safety Time 1 Lazy
Opportunity
40 57 47 5 3 4
Do you go outside of the city for recreation?
Yes No
26 72
Ratings
Opportunity Quality
6.642857143 6 530612245
Westlane
Activities Participated In
City events Athletics Fitness Tourist ' Arts/Culture Games
attractions
36 38 36 34 • 18 14
5
MYAC Survey Results June 2013
What are some reasons you don't do something recreational in the city?
Lack of Cost J Transportation i Safety Time ! Lazy
Opportunity I
23 I 30 27 9
Do you go outside of the city for recreation?
Yes No I
27 : 51 •
Ratings
Opportunity Quality
6.45 i 6.25 I I
Saint Michael
TIlT
Activities Participated In
City events Athletics Fitness Tourist Arts/Culture Games
attractions
12 15-1— 18 I 13 2 ! 3
What are some reasons you don't do something recreational in the city?
Lack of Cost ' Transportation ; Safety -7-i - Time ! Lazy I
Opportunity _;____
9 13 14 0 0 0
Do you go outside of the city for recreation?
Yes No
ITIIIITF T— 10 7 1
Ratings
,
Opportunity Quality 7-
6.916666667 7 333333333
Saint Paul
Activities Participated In
City events ' Athletics Fitness Tourist Arts/Cultural Games
attractions 1
40 53 55 56 22 8
What are some reasons you don't do something recreational in the city?
Lack of Cost Transportation Safety Time Lazy
Opportunity r---
33 ! 55 , 35 1 4F 4
Do you go outside of the city for recreation?
-r- .
Yes
44 54
Ratings
Opportunity Quality
—
6.642857143 6.530612245 .
Myer
Activities Participated In —1
City events Athletics Fitness Tourist Arts/Culture Games
attractions
41 • 64 7 -.— .
6
MYAC Survey Results June 2013
What are some reasons you don't do something recreational in the city?
Lack of Cost Transportation Safety Time Lazy
Opportunity
23I 181 24I 1 I 1 01
Do you go outside of the city for recreation?
Yes No
26 72 L
Ratings
Opportunity Quality 1
6 642857143 6.530612245
Pei'nogrjphic Inform t riun
Grade
Nine 52
Ten 47
Eleven 93
Twelve 83
Gender
Male 133
Female 140
Other/Undisclosed 123
Lnridusion
The results of this survey indicate that there is room for improvement in the area of youth recreation.
While there are currently limited opportunities, two major factors (cost and transportation) limit youth
from being able to utilize them completely.
7
MYAC Survey Results June 2013
Transportation Survey
Introduction
Stemming from the recreation survey was a concern about the availability for transportation. The youth
voice committee believed it was important to investigate this issue as it was something MYAC had been
involved with in the past. This information could be used by council and city staff when making decisions
regarding public transportation, trails and location of new infrastructure. The survey was compiled by
George Liu.
Sutr,man:
This survey of students from across the five high schools and at School-A-Palooza focussed on
transportation usage within the city. It highlighted that many students do not use public transportation
and find alternative means of getting around.
Some key highlights were:
• 85% of respondents said they walked "every day or often".
• 55% said they used cycling as an alternative method, while less than 10% said skateboarding.
21% of respondents that cycle said they would like to see more bike lanes.
• 38% of respondents either "have used" or "often use" illegal taxi services.
• 41% of students said they have used the discounted March Break bus rides through Niagara
Transit.
• A seemingly random distribution of the rating of the city's transit system. Even though 62% of
the respondents do not use any public transit, the average rating was 6.25.
ue> 1, ns -it d :\nwur',
Surveyed students were asked to list which public transportation services they utilized. It was
astounding to see that 62% of respondents did not use any form of public transportation listed.
Do you use public transportation?
'irde r•3"st C:r ','/'de ''3rst
Regicra! Transit •
Pegrcra. Trars,t
Intercity Trjn;.t
uteri • '•3^si! Regia:erei T3:.. Ser,r,_?
. &; se•eCf:iA. 5 ;:',o"e :frreacc•?
Noce 're aoc,e
5 3 2C 25 3C
8
MYAC Survey Results June 2013
These results are despite the fact that 72% of respondents indicated that they do not drive their own
vehicle.
Do you drive your own vehicle?
Yes 23",
- no
. ...__ .
There is a clear gap between those who require a form of public transportation and those who utilize it.
Some reasons were given as to why students do not use the system currently in place:
• "because its dirty"
• "takes too long"
• "I would rather walk than pay the fare"
• "everything is within biking distance"
Coinciding with the views of MYAC two years ago that worked with the Transit ADHOC committee, it is
clear that the youth have distaste for public transit in the city though there is a demonstrated need for
forms of transportation.
MYAC has, for many years running, partnered with Niagara Transit to offer 25 or 50 cent bus rides
during school breaks (March Break and December Break).
Have you ever used a 25/50 cent bus ride?
.
These results show that a large portion of the youth has indeed, at some point, utilized the discounted
bus rate. The 41% is considerably greater than the 19% of respondents that say they regularly use city
transit, thus bringing us to the conclusion that the discounted rates attract more customers.
9
MYAC Survey Results June 2013
Do you use illegal taxi services':
MYAC recognizes that there is use of illegal taxi services by youth in the city. Valuable information was
collected on how many youth use these services.
Do you use illegal taxi services?
_._.._. Ye; ail the t ne
Occasicnall;
rict any^cre but hake
rie.er used
ass`
From this we can see that 38% of respondents have indeed used a illegal taxi service. This is
considerably higher than expected, though can be explained by the cost of registered taxi services and
the lack of use of other public transit.
ii -. .t. . ter, LI i tiun t i,A l i. tri o p ub i
Walking is the most energy efficient way of transportation and is generally encouraged by
environmentalists.
How often do you walk to school?
E.er,da,
Scr-et. es
* are
i�4
�a
It 'ia..c-
With only 15% of respondents saying they "rarely or never" walk, we believe the youth are utilizing this
clean (though inconvenient) method of transportation. This could also be due to a lack of other methods
of transportation, or the cost.
10
MYAC Survey Results June 2013
Do you use alternative transportation methods?
This highlights how youth get around the city when not driving, walking, or using public transportation.
Do you use alternative transportation methods?
Lcngbcard
Skate:card -
Spring
Jthar
The majority of respondents use cycling as a form of alternative transportation. it is also noted that
longboarding and skateboarding is not a popular form of transportation.
ura;ize ■v:ihsidg tashrk traii>
The general sense amongst MYAC members was that trails were underutilized. This was proven to be
incorrect by the survey.
Do you go on walking'hikingrbiking trails?
Over three quarters of respondents indicated that they have used trails in the past. Some comments as
to why they have used trails
• "They're fun"
• "Exercise"
• "great to oberse the nature"
• "because walking is healthy"
Some comments from those who do not use trails:
• "none around my neighbourhood"
• "haven't seen many"
11
MYAC Survey Results June 2013
How would you rate the quality of public transit?
Students were asked to rate the quality of public transit on a scale of 1-10.The results were quite
sporadic:
How would you rate the quality of public transit?
7 -a 1
N
6 3
4
5 ,,
4
3 1 1 e
NW
mb�f
$re
0 ' 2 3 l 5 6 3 9 , .
The average score was 6.25 and the median was 6. It should be noted that only 19% of respondents
indicated that they use public transit, and that these results may not be based off of experienced users
of the transit system, or even those with much knowledge.
Tahirm
Tables were unavailable at the time of print and could be forwarded upon request. Please email Connor
Bitter at bitter coilege.narvard.edu for a copy.
In; citi-ion
From the data, we can conclude that there is certainly need for transit improvement for the youth in
Niagara Falls. The public transit system is underutilized, though does not necessarily have the reputation
amongst the youth of being inefficient or unnecessary.
12
6/11/2013
Update of activities
Niagara Falls History Museum
Battle Ground Hotel Museum
Willoughby Historical Museum
(some) 2012 Achievements
• July 21,E opening of the new
NFHM
• @ the Museum Thursday
Night
• New user groups established —
Citizenship ceremony.Queens 1"1 • q. ( Fr
Diamond Jubilee ceremony, l i U .3 r ; I ^,i
beaver colonies,cub troops, a. e •
brownies -
• Lead organization on one
Cultural Capital of Canada
project
• 120 Research Requests
processed (July — December)
6/11/2013
Economic Impact
Our Museums: • Served over 1000 schoolchildren
since July 2012
• Employ 13 people in our
community (9 FTEs) • 450 schoolchildren attended our
Medieval Week program
• Spends over $300,000 each year
on goods and services in our • Provides access to all on Thursday
community nights with free admission after
5pm
• Served over 12,000 visitors on
site and over 26,000 virtual • 78% of our casual visitors are
visitors since opening in July 2012 from out of town
• The job creation estimate of the
NFHM expansion was 1663
people weeks
Economic Impact
71' ms;mrS a2 spin oi.c
o f-owa
Casual Visitors to NFHM
January- May 2013
•W.ag n;°JI
•‘nagi,a
a Mr
•
{ •2 tti, -.I .
2
6/11/2013
Economic Impact
Toni Attendance in 2009-3425
A eg.,st 2012.Aprd 2013-9650 - - ---
Upcoming Events
1812 Related
• June 22 — Laura Secord • July 18 — Impersonating
Walk 1812
• July — Realtime tweets from • July 25 — Hear the Cannons
the Museum -LL199 Roar & Spirit of the Nation
• July 5 — 199th Anniversary of • July 27 — Petticoats Boots
the Battle of Chippawa and Muskets
Commemorative Service • July 28 — 1990'
• July I I,August 8 & 22 - Commemorative Service of
English Country Dancing the Battle of Lundy's Lane
3
6/I 1/2013
Upcoming Events
Exhibitions Other Events
• Ordinary Lives, • @ the Museum Thursday
Extraordinary Times: Italian Nights
Canadians duringWW11 • II Cinema Italiano
• Egypt: Gift of the Nile — • Summer Sun Days
starts in September 2013 Hitchcock Film Series
• 4
THE
GNRN FALLS 0
EAT • SHOP • EXPLORE
June l 1`h. 2013
His Worship Mayor Diodati
& Members of the Municipal Council
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls. ON L2E 6X5
Dear Members:
Downtown Board of Management (DBM) is holding Music in the Park on the Cite flail lawn
during the following dates: June it 2I', 33th, July 5th. l-)`t, 91h 26`s. August 2°`1. 9th & 16`h.
The events will start at 6pm and go till 11:30pm. We kindly request the noise by-law be extended
from the 9:00 p.m. to 11 :30 p.m for the above event dates.
Sincerely.
Dave Govan
Chair, Downtown Niagara Falls BIA
Nemanja Kuntos
General Manager, Downtown Niagara Falls BIA
THIS AGREEMENT made this ? V da j of June, 2013.
BETWEEN:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Herana`ter caned 'tee
='F THE c-,FST PAFC
- art -
ROSEMARY OKAFOR
e:ra-a- :Stet _ Cb;sniar.
WHEREAS ec cra Niagara oc? ain >se;r:to
tTa 1,L._ ..a. ` %CC' O^:._ and -rie - a:ors thereunder-
AND WHEREAS t-ie Prs ea to cro .ide .. e .Ties :r siciars der-gr _a::r-: a
commiarnient to cra .o ' 'red...ire _ :be Cio, r `iiagara Fails:
AND'WHEREAS " ;sic_a ;,,Is-es —ace . ._. ra 1:c:rC —.,to:re r -e
AND WHEREAS _ e _ r` eemer se iri- 0.: :he _e
�:
arer..ec._ .,
NOW THEREFORE THIS.AGREEMENTW',TNESSETHtra-ir ,0rs,te-ai ta':re _--
a �tors a'd a., e a , e _ . oor a 'e_ :ne sates agree as , .,_.rv__
INCENTIVES
a, e._ _,r crmite. :e7a r . to to :zeroed
atcr DE Pt.sickar eS a: Is" rg ii ''re 7arrf j .... of __..e r. -re
'! },: : ads ater ter tamer " ,C a erod r ass: - ;°
r 's tilcadirc the :o0, m..e- "'err 0 suor- Cra 0cs
The rc er i .rce _ ,. ;i ,r.ciCdn Ire `o. i' rg:
. s esioers.e.s a a:eC _ecca oc
Cfla^c Lip to a x:m?. ,a e oif Ter Thousand Dollars (S10,000.00
"janadiar f,rds- ac.
or-Foe a d ersaimirieticir *cans ziormsriirgs :e '.cca: at 04'3 Mcr-iscr
Niagara Fads Qr arc Tta. a vat�e pf Thirty Thousand Dollars
i
($30,000.00) is Canadian finds
3 i`the Phsftian engages'n the rravice of medicine in rhe O Fr C Sec:emde-
1 . 2013. and continues .c do so for a period of a (east 1, e '5 years
foilow rg tne commencement of 3: cn prachice pre Physician shad not be
required to repay any or the incenthees con. mpia:ed `i this Agreement.
:he Physic:an elects .,orttr e a_..72 . aco:.-:2 cca:_or
...,8 Oft1 of Niagac e =a,I.s Ortart the Pt',sic may I e s4er the tr:sr;r ys
des:Titre: Ir ' Ay caner: to et icca on C dam.. µ.,.,,t" s ' a: .. e
o.,;s•:a." Js- actice r ed dire .r :re Ott. of Niagara =a..a _
a: ea t fie Y er- o' nc _c(" msnce'- cp _ _;rc - e.
s _ocow!e :c__ aro agrees . :a .. e
eria:n the cr^ce ! o° :. Oft, `r gars Ca,.
REPAYMENT OF INCENTIVES
J. 1- e 2..._... e. ::,e P . sician does no: :a.r or .e^g_;aa'. r _..2°.. ^gage in
the practice medicine _the try Se ercer 22 3 end id- a.:
.he crne cc: _... g-ac n az2C. one c _ted ;r 2 c_o ,e
a y'a
_na be eft the rc''ce and e(a ,ine on ^i..�Ts. JeCtr' ;. _ es oaf ec
om he c'e Ice r t^ i of Niagara s. and the 'roar? '.. . stte r :_a a -..
- . acove s ° : _e :r° a .^c ?hJS;C 'king ten--c:
a ,soya- 1 _Jr_h,'.nn -_:con demand r id r',_C _ec.a .fie_, e,n.. ma J_
cy :..a 0.7y and
:_r-c i_;-:e_ a ;,, a: 3 e _ c 57-2 e _� __ o
4 / _r j e`.
e
NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY
rne Phs clan ac es . o . da _ _ C;-, ... Ter" :77es _ _rxc--
rodce _ r ".on to ;ease : a jir•g :r _ne ; ice n _ :. s
Such ace :e it ,rt rc a-.c era . e tra ;it:-
the .:ice : s:c'rs of this Ag eemer:
SOURCE OF FUND4NG FOR INCENTIVES
The monies qu:red ..r11 `... , :e L. _s she.;
and she:! .. to the Ph s art cu:c .. s ' _ .. _
al: caries
- 3 -
REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN
The Physician hereby acknow edges that the City is relying Ct' the foliothirg
repreJenta`lo's and Warranties that she has made in connection With this
Agreement and Which representations and warranties form the basis for the
entering into such an Agreement with the Physician:
o The Physician. is a member H :ccd standing with the:he CCILSCe Of Phiscis-1s
and Surgeons or On:aro arc'✓
-77-9. P`ys;c'an "as rot accepted an/ other ncar'ti`ieS of a Similar ha:ore
:hose eference by Cr set out in this Agree meant, from any b*he- pa a:ro
as rot ocrimitted Hers . __ ora ice ^'e''icre of a ` time basis a ,
a-ea OLTSide of the arc%
NOTICE
_ r o.:ces, c .es s_ er'ands 'oroterconnmunica:o -so:Aired orpermitter. of toe
terms of this Agreement :c ce g`ien o one pay another ther. sna
wring. of peracra or by registered ..aii % a:i Cs-agebeing oreoa r .
s:och notice being addressed se.b or be..,er d the other sat'' a _iiows
to 'Ha 777 9_
me :oroora c.,c cz . e _r ragara
A:27rinic-ra cr s .i'`Aces
43' : Queen Street
4 :7 3
N'_zara `_ s ON _2E1.3.1.3
to the F'-':slsi_ ,
u<2':r
C? kto 'Son Street
. _ E
__ m cher _ toe
_
c.' and o as :. a'. 58 �� _f_ _. ...,. _ ..
. :me to :rne and such n :ces. -ec sts .:.e. a^Cs or curer co `one
s a _c ..Sered to ha-is Cee : .ece -,e'? Nhe.'. o ere'_. tf rape- -
43 `c.-:a after 12:31 a.m. or the day oi!Cwtng the ba_i c` ra11. g eAzeot
.i
the ever,: of an :merhoption n regt_ ar ma:: ay s'hke or other :regu atn _
notice e';'_est. de'ra,"C or other :Crnm_nicaior sec: -egu€ar —a: s''a.. c..
ieemec to have teen ecei'.e"' s'^:_e y__ '49 . _ u s ate' 2:'.,.i a _ c.a.f
wing the -esJ^':tor or nor-ha: ma': seriice.
GENERAL
Tits 4g-ee er. she : _e yG terheo a! 7e. 'd''f ass '!'c c .. -
apply and by the laws of the Province of Ontario. and the parties herepy s :^mi-
themselves to the exclusive jurisdiction of the Courts of the Province of Onta:rc
This Agreement shall constitute the e. tire Agreement pen Neen the -:es
respect to all of the ( la iers herein, and this .Agr_eemen: snail nor. be 317a-cec
except b,i a memorandum in wrSnc: consented to and signed b. a! of the panes
and any attempt to amend this Agreement by a party Nithout the consent cni tine
other shall be null and gold end NshcUT cirdiro ect o^ tra.
I . N: part/ ^aj assign the Acneerneni or an/ Da.
:or sent of denies '^ere:p :for aryit-a
Suoject:C the ioregcing :his Agreement si all en to :re . c i a nd be, - o
tine pa- .es to this Agreeing,— art or :rein _ 7-a's ec:._.= _.
admirls na o rs. sLoc sso s a. n per-nitt_d ass-yns.
_. The ca-ec _;K".0 , e .ten- a
Ca, _ .e.snip. age-c, 3 , c o, _ s.is :e hse- ._-:ss a _ e_
s p'ci lody _.,:3 me 31-, s.•_ eticinsnic nod'.
an_: proitis ..ls Agr .c .: :et.o a.. Lega c eacie _ 3
competent ar ^C^..0 :t shai cc :crst e ed seoa._...
ma ing t_ is c c ,"tick sna ❑ - - 'inn:5 and 3 a _ _ . e
cares
Attached _ J i : aic a"C rc __ e a . �_.._
eg s -a n 35-Ent : : The Ociece % isic:a s and J._ " ._crs _
-:se.-'..a Okafo" dared Mann 27:1 3 de..r'.rg leae gistar
IN WITNESS WHEREOF ': a--e_ naie niene_nto efec.
SIGNED. SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE C.T,;
OF NIAGARA FALLS
oar:
James M. Diodati_ Mayor
Dean lorfida, City Clerk
Witness j Roshar ,_O4ca#or, MD
THIS AGREEMENT made this 11`h day of June, 2013.
BETWEEN:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS,
Hereinafter called the "City"
OF THE FIRST PART;
- and -
BENJAMIN PANG
Hereinafter called the "Physician"
OF THE SECOND PART.
WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to
the Municipal Act, 2001 (Ontario), and the regulations thereunder;
AND WHEREAS the City wishes to provide incentives to physicians demonstrating a
commitment to practicing medicine in the City of Niagara Falls;
AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the
City;
AND WHEREAS the parties wish to enter into a written agreement setting out the terms
of their arrangement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual
covenants, conditions and agreements herein contained, the parties agree as follows:
INCENTIVES
1 . The City agrees to provide certain incentives to the licenced Physician in
anticipation of the Physician establishing a full time family medical practice in the
City of Niagara Falls, no later than June 10, 2013, for a period of at least five (5)
years following the commencement of such practice.
2. The incentives ("Incentives") shall include the following:
(a) the cost of reasonable expenses related to relocating to Niagara Falls,
Ontario, up to a maximum value of Five Thousand Dollars ($5,000.00) in
Canadian funds; and
(b) office and examination room(s) furnishings to be located at 3700 Main
Street, Niagara Falls, Ontario, up to a value of Thirty Thousand Dollars
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($30,000.00) in Canadian funds.
3. (1) If the Physician engages in the practice of medicine in the City by June 10,
2013, and continues to do so for a period of at least five (5) years following
the commencement of such practice, the Physician shall not be required to
repay any of the Incentives contemplated by this Agreement.
(2) In the event the Physician elects to continue practice at another location in
the City of Niagara Falls, Ontario, the Physician may transfer the furnishings
described in this Agreement to that location, provided always that the
Physician must practice medicine in the City of Niagara Falls for a period of
at least five (5) years following commencement of practicing medicine.
(3) The Physician acknowledges and agrees that the furnishings shall forever
remain the property of the City of Niagara Falls.
REPAYMENT OF INCENTIVES
4. In the event that the Physician does not maintain or regularly or actively engage in
the practice of medicine in the City by June 10, 2013, and for the duration of the
time set out in paragraph 1 above, the Incentive listed in paragraph 2(b)above shall
be left in the office and examination rooms, upon the Physician's departure from the
practice in the City of Niagara Falls, and the Incentive listed in paragraph 2(a)above
shall be repaid by the Physician to City on the following terms:
(a) prorated, forthwith upon demand for such repayment being made, in writing,
by the City; and
(b) interest shall accrue as of the date that the funds were advanced,
compounded annually at 3.5% per annum, and shall be due and payable
upon the date that a written demand for repayment of the amount is made
by the City.
NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY
5. The Physician agrees to provide the City with no less than three (3) months working
notice of his intention to cease carrying on the practice of medicine in the City.
Such notice shall be in writing and shall be delivered to the City in accordance with
the notice provisions of this Agreement.
SOURCE OF FUNDING FOR INCENTIVES
6. The monies required to fund the Incentives shall be provided 100% from the City,
and shall be paid by the City to the Physician upon execution of this Agreement by
all parties.
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REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN
7. The Physician hereby acknowledges that the City is relying on the following
representations and warranties that he has made in connection with this Agreement
and which representations and warranties form the basis for the City entering into
such an Agreement with the Physician:
(a) The Physician is a member in good standing with the College of Physicians
and Surgeons of Ontario; and
(b) The Physician has not accepted any other Incentives of a similar nature to
those referenced by or set out in this Agreement, from any other party, and
has not committed himself to practice medicine on a full time basis in any
area outside of the City.
NOTICE
8. All notices, requests, demands or other communication required or permitted by the
terms of this Agreement to be given by one party to another, shall be given in
writing, by personal delivery or by registered mail, with all postage being prepaid,
such notice being addressed or delivered to the other party as follows:
(a) to the City at:
The Corporation of the City of Niagara Falls
Attention: Administrator's Offices
4310 Queen Street
P.O. Box 1023
Niagara Falls ON L2E 6X5
(b) to the Physician at:
Dr. Benjamin Pang
3700 Main Street
Niagara Falls ON L2G 6A8
or at such other address as may be given by either of them to the other in writing
from time to time and such notices, requests, demands or other communications
shall be deemed to have been received when delivered, or, if mailed, forty-eight
(48) hours after 12:01 a.m. on the day following the day of the mailing, except that
in the event of an interruption in regular mail by strike or other irregularity, any
notice, request, demand or other communication sent by regular mail shall be
deemed to have been received forty-eight (48) hours after 12:01 a.m. on the day
following the resumption of normal mail service.
GENERAL
9. This Agreement shall be governed by the laws of Canada to the extent that they
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apply and by the laws of the Province of Ontario, and the parties hereby submit
themselves to the exclusive jurisdiction of the Courts of the Province of Ontario.
10. This Agreement shall constitute the entire Agreement between the parties with
respect to all of the matters herein, and this Agreement shall not be amended
except by a memorandum in writing, consented to and signed by all of the parties
and any attempt to amend this Agreement by a party without the consent of the
other shall be null and void and without binding effect on the other.
11. No party may assign this Agreement or any part hereof without the prior written
consent of the other parties hereto, which consent may be arbitrarily withheld.
Subject to the foregoing, this Agreement shall enure to the benefit of and be binding
upon the parties to this Agreement and on their respective heirs, executors,
administrators, successors and permitted assigns.
12. The parties acknowledge that this Agreement is not intended to create a
partnership, agency or fiduciary relationship between the parties, and each
specifically disclaims any such relationship with the other.
13. If any provision of this Agreement is declared illegal or unenforceable by a
competent authority, it shall be considered separate and severable from the
remaining provisions, which shall remain in force and shall be binding upon the
parties.
14. Attached to this Agreement and marked as Schedule"A" is a copy of the Certificate
of Registration issued by The College of Physicians and Surgeons of Ontario to Dr.
Benjamin Pang, bearing College Register Number 92170.
IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement.
SIGNED, SEALED AND DELIVERED )
in the presence of )
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
)
Per:
)
James M. Diodati, Mayor
Dean lorfida, City Clerk
Witness ) Benjamin aP ng, MD