2017/06/22 SPEC SPECIAL
COUNCIL MEETING
Thursday, June 22, 2017
Order of Business
and Agenda Package
Niagara I
G A l
NA U A
SPECIAL COUNCIL MEETING
June 22, 2017
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for
the current Council Meeting at this time.
REPORTS
BPD-2017-06 — Celebrate Ontario Grant re: New Year's Eve Show
RESOLUTION
THEREFORE BE IT RESOLVED that The City of Niagara Falls explore all available legal
avenues to cause Ontario Lottery and Gaming Corporation to bring an end to the ongoing
flawed Request for Quotation (RFQ) process concerning the operating contracts for
Casino Niagara and the Fallsview Casino Resort and to persuade the Ontario Lottery and
Gaming Corporation to honor the terms and spirit of the original agreements between the
City of Niagara Falls and Ontario Lottery and Gaming wherein it was promised to the City
of Niagara Falls that the casino(s) situated in the City of Niagara Falls, Casino Niagara
and the Fallsview Casino Resort would be operated as drivers of the local economy of the
City of Niagara Falls and in turn the entire Region of Niagara; and
FURTHER BE IT RESOLVED that it will seek the assistance of and align with the Region
of Niagara in the pursuit of this goal.
1
COMMUNICATIONS
1. Redboss Pyrotechnics — requesting approval for use of Glenview Park for
various firework displays for the Great Wolf lodge.
RECOMMENDATION: For the Approval of Council
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2017-80 A by-law to authorize the execution of an Ontario Transfer Payment
Agreement with Her Majesty the Queen in right of Ontario as represented
by the Minister of Tourism, Culture and Sport, respecting the funding
support for the Niagara Falls New Year's Eve Show.
2017-81 A by-law to adopt, ratify and confirm the actions of City Council at its special
meeting held on the 22nd day of June, 2017.
Adjournment
2
BDD-2017-06
Niagara,Falls June 22, 2017
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Business Development
SUBJECT: BDD-2017-06
Celebrate Ontario Grant re New Year's Eve Show
RECOMMENDATION
Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement.
EXECUTIVE SUMMARY
Staff made a submission for funding to the Ministry of Tourism, Culture and Sport -
Celebrate Ontario 2017 funding program for the Niagara Falls New Year's Eve Show
and were successful in receiving $35,000 which will be used to secure talent and
production for the 2017 event.
BACKGROUND
The Minister of Tourism invited event organizers to submit funding applications for
special events taking place in 2017. Staff submitted an application to Celebrate Ontario
to support the enhancements at the Niagara Falls New Year's Eve Show and received
notice this April that the City was successful in securing $35,000. The funds will be used
to secure talent and related production costs for this year's show. These funds will
augment the financial support provided by the City through the OPG funds, as well as,
the Niagara Parks Commission, Fallsview Casino Resort, RTO, Clifton Hill BIA,
Fallsview BIA, Victoria Centre BIA, and Lundy's Lane BIA.
ANALYSIS/RATIONALE
The cost to produce the Niagara Falls New Year's Eve Show increases annually and
these additional funds will assist in covering the increased expenses.
CITY'S STRATEGIC COMMITMENT
Strengthen and promote economic development within the City of Niagara Falls.
2
BDD-2017-06
June 22, 2017
Recommended by:
Serge Felicetti, Director of Business Development
' )4� 4tn�
Respectfully submitted:
KJ Todd, Chief Administrative Officer
The City of Niagara Falls, Ontario
Resolution
June 22, 2017
Moved by:
Seconded by:
WHEREAS Niagara's two resort casinos are now included in the Ontario Lottery &
Gaming Corporation's OLG modernization framework; and
WHEREAS being part of the OLG's modernization framework will allow Niagara's two
resort casinos to realize their true, full potential to become compelling and integral
elements in attracting tourists to the city of Niagara Falls; and
WHEREAS in order to ensure that Niagara's Casinos retain their role as a vital local
and regional employer, and build upon their role as a tourism attractor and generator of
Provincial revenue, Niagara Falls City Council had respectfully requested by resolution
on May 10, 2016 that the municipality play a significant role in the structuring of the
Request for Pre Qualifications (RFPQ) and Request for Proposals (RFP), to ensure job
retention and creation, economic development and investment are priorities and are
weighted heavily in the selection process; and
WHEREAS Niagara Falls City Council had respectfully requested by resolution on
October 25, 2016 that to ensure the City's and Region's objectives of job retention and
creation, investment and economic development are respected and incorporated into
the process and weighted just as strongly as revenue or greater in the RFP and the
municipality is involved in the structure of the RFPQ and RFP, Council strongly requests
this RFPQ be post-poned until the City's goals and objectives are incorporated and we
are treated as key partners in the process.
THEREFORE BE IT RESOLVED that The City of Niagara Falls explore all available
legal avenues to cause Ontario Lottery and Gaming Corporation to bring an end to the
ongoing flawed Request for Quotation (RFQ) process concerning the operating
contracts for Casino Niagara and the Fallsview Casino Resort and to persuade the
Ontario Lottery and Gaming Corporation to honor the terms and spirit of the original
agreements between the City of Niagara Falls and Ontario Lottery and Gaming wherein
it was promised to the City of Niagara Falls that the casino(s) situated in the City of
Niagara Falls, Casino Niagara and the Fallsview Casino Resort would be operated as
drivers of the local economy of the City of Niagara Falls and in turn the entire Region of
Niagara; and
FURTHER BE IT RESOLVED that it will seek the assistance of and align with the
Region of Niagara in the pursuit of this goal.
AND The Seal of the Corporation be hereto affixed.
BILL MATSON JAMES M. DIODATI
ACTING CITY CLERK MAYOR
R E D B O S S e
PYROTEC H N I C [ AN S IN C .
May 30, 2017
City of Niagara Falls
Director of Council Services and City Clerk
4310 Queen Street Clerk's Office
Niagara Falls, ON L2E 6X5
Dear City Clerk,
We have been contracted by Great Wolf Lodge to execute their fireworks displays for this year;
we have processed our regular application for the displays to be completed on their private
property but have just been informed by management that their property will be under construction
and they would like to request that the displays be held on Glenview Park for the Following dates;
Saturday, July 15`,Sunday, August 6`",Sunday, September 3rd , 2017. We would like to make a
request on behalf of Great Wolf Lodge to reserve Glenview Park for these dates, for the purpose
of setting up and firing these displays. We would require the park from 4pm to 11 pm each day.
RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department
and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached}
If you require any further information, please do not hesitate to contact me.
Respectfully Yours,
Micheal Biancaniello
CEO
i
�I
P.O. BOX 120 FENWICK, ON LOS 100
PHONE: 90S 892 1aO6 • FAX: 90S 092 2461
EMAIL REOBOSS(a10N.Ala N.COM
WWW.R E D B O S S.C A
111
PURVES REDMOND LIMITED
CERTIFICATE OF INSURANCE INSURANCE BROKERS
Certificate# 170011
THIS CERTIFICATE CONSTITUTES A STATEMENT OF THE FACTS AS OF THE DATE OF ISSUANCE AND ARE SO REPRESENTED AND WARRANTED ONLY TO THE CERTIFICATE
HOLDER;OTHER PERSONS RELYING ON THIS MEMORANDUM DO SO ATTHEIR OWN RISK. THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED
BELOW.
INSURED: CERTIFICATE HOLDER:
ReclBoss Pyrotechnicians Inc.; Micheal and Karen Great Wolfe Lodge, 3950 Victoria Avenue
P.0. Box llo
12 Niagara Falls ON L2E 7M8
P. O. Box 120
Fenwick ON, LOS 1C0 Additional Insured Certificate Holder is named as
additional insured in regards to the above referenced
event and The City of Niagara Falls,4310 Queen Street,
Niagara Falls, ON L2E 6X5
RE: Description of Operations: Dates:May 211t,Judy 1st,Augst 6th,September 3rd,November 25th,December 31st,2017 Time of Display between 8:00 and 10:00pm Naindate within
10 B.,In ,o,De,or date agreed up.n by both parfies.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD IN DICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH 15 CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMMERCIAL GENERAL Everest Insurance Company August 28,2016 $5,000,000 Per Occurrence
LIABILITY(CGL) Including,but of Canada To $5,000,000 Products&Completed
not limited to: Bodily Injury,Property E2CB000010 August 28,2017 Operations Aggregate
Damage,Personal Injury and $10,000,000 General
Advertising Injury,Premises- Aggregate
Operations,Cross Liability and $5,000,000 Non-Owned Automobile
Severability of Interest Clauses $1,000,000 Tenant's Legal Llabihty
ADDITIONAL INFORMATION:
It is hereby noted and agreed the following are added as Additional Insured to the Commercial General Liability Policy,
but only with respect to the liability arising out of the Operations of the Named Insured and as required by written
contract.
Great Wolfe Lodge,3950 Victoria Avenue
Niagara Falls ON L2E 7M8
Additional Insured Certificate Holder is named as additional insured in regards to the above referenced event and The City of Niagara
Falls,4310 Queen Street,Niagara Falls,ON L2E 6X5
The policy limits are not increased by the addition of such Additional Insured and remain as stated in this Certificate.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written
notice to the certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or
representatives.
PURV6 REDMOND LIMITED
Date: June 19, 2017
PER AW
Authorized Signature
PUIVes Redmond Wish I55 uni'deily Avenue,sell.150. Tome.,ON MSH 1.7 Rolm 416.362.4246 Toll Flee 1.800.465.11]] Gex 416.]63.,351
CITY OF NIAGARA FALLS
By-law No. 2017 —
A by-law to authorize the execution of an Ontario Transfer Payment Agreement with Her
Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture
and Sport, respecting the funding support for the Niagara Falls New Year's Eve Show.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. An Ontario Transfer Payment Agreement dated April 3, 2017, and made between
Her Majesty the Queen in right of Ontario as represented by the Minister of
Tourism, Culture and Sport as Province, and The Corporation of the City of
Niagara Falls as Recipient, respecting the Celebrate Ontario 2017 program
enhancement funding for the Niagara Falls New Year's Eve Show, as attached
hereto, is hereby approved and authorized.
2. The Mayor and Acting City Clerk are hereby authorized to execute the said
Ontario Transfer Payment Agreement.
3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and
to deliver the said Ontario Transfer Payment Agreement.
Passed this twenty-second day of June, 2017.
................................................................ ................................................................
BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: June 22, 2017.
Second Reading: June 22, 2017.
Third Reading: June 22, 2017.
ONTARIO TRANSFER PAYMENT AGREEMENT
Celebrate Ontario 2017 Case#2016-10-1-488023557
THE AGREEMENT, effective as of the 3rd day of April , 2017 (the"Effective Date")
BETWEEN :
Her Majesty the Queen in right of Ontario
as represented by the Minister of Tourism, Culture and Sport
(the "Province")
- and -
Corporation of the City of Niagara Falls
(the "Recipient")
CONSIDERATION
In consideration of the mutual covenants and agreements contained in this Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are
expressly acknowledged, the Province and the Recipient agree as follows:
1.0 ENTIRE AGREEMENT
1.1 This Agreement, including:
Schedule "A" - General Terms and Conditions
Schedule "B" - Project Specific Information and Additional Provisions
Schedule "C" - Project Description
Schedule "D" - Budget
Schedule "E" - Payment Plan
Schedule "F" - Reports, and
any amending agreement entered into as provided for below,
constitutes the entire agreement between the Parties with respect to the subject
matter contained in the Agreement and supersedes all prior oral or written
representations and agreements.
1
2.0 COUNTERPARTS
2.1 The Agreement may be executed in any number of counterparts, each of which
will be deemed an original, but all of which together will constitute one and the
same instrument.
3.0 AMENDING THE AGREEMENT
3.1 The Agreement may only be amended by a written agreement duly executed by
the Parties.
4.0 ACKNOWLEDGEMENT
4.1 The Recipient acknowledges that:
(a) by receiving Funds it may become subject to legislation applicable to
organizations that receive funding from the Government of Ontario,
including the Broader Public Sector Accountability Act, 2010 (Ontario),
the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor
General Act (Ontario);
(b) Her Majesty the Queen in right of Ontario has issued expenses,
perquisites, and procurement directives and guidelines pursuant to the
Broader Public Sector Accountability Act, 2010 (Ontario);
(c) the Funds are:
(i) to assist the Recipient to carry out the Project and not to provide
goods or services to the Province;
(ii) funding for the purposes of the Public Sector Salary Disclosure
Act, 1996 (Ontario);
(d) the Province is not responsible for carrying out the Project; and
(e) the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) and that any information provided to the Province
in connection with the Project or otherwise in connection with the
Agreement may be subject to disclosure in accordance with that Act.
- SIGNATURE PAGE FOLLOWS -
CO2017 Case Number: 2016-10-1-488023557 2
The Parties have executed the Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the Minister of
Tourism, Culture and Sport
Date Name:Debbie Jewell
Title: Director (Acting)
Investment and Development Office
Authorized Signing Officer
Corporation of the City of Niagara Falls
Date Name: James Diodati
Title: Mayor of Niagara Falls
Date Name: Bill Matson
Title: Acting City Clerk
We have authority to bind the Recipient.
CO2017 Case Number: 2016-10-1-488023557 3
SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpretation:
(a) words in the singular include the plural and vice-versa;
(b) words in one gender include all genders;
(c) the headings do not form part of the Agreement; they are for reference
only and will not affect the interpretation of the Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and
currency; and
(e) "include", "includes" and "including" denote that the subsequent list is not
exhaustive.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
"Additional Provisions" means the terms and conditions referred to in section
A9.1 and as specified in Schedule "B".
"Agreement" means this agreement entered into between the Province and
the Recipient and includes all of the schedules listed in section 1.1 and any
amending agreement entered into pursuant to section 3.1.
"Budget" means the budget attached to the Agreement as Schedule "D".
"Business Day" means any working day, Monday to Friday inclusive,
excluding statutory and other holidays, namely: New Year's Day; Family Day;
Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour
Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and
any other day on which the Province has elected to be closed for business.
"Effective Date" means the date set out at the top of the Agreement.
"Event of Default" has the meaning ascribed to it in section A14.1.
"Expiry Date" means the date on which the Agreement will expire and is the
date provided for in Schedule "B".
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"Funding Year" means:
(a) in the case of the first Funding Year, the period commencing on the
Effective Date and ending on the following March 31; and
(b) in the case of Funding Years subsequent to the first Funding Year, the
period commencing on April 1 following the end of the previous Funding
Year and ending on the following March 31.
"Funds" means the money the Province provides to the Recipient pursuant to the
Agreement.
"Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her
ministers, agents, appointees, and employees.
"Maximum Funds" means the maximum amount the Province will provide the
Recipient under the Agreement as provided for in Schedule "B".
"Notice" means any communication given or required to be given pursuant to
the Agreement.
"Notice Period" means the period of time within which the Recipient is
required to remedy an Event of Default pursuant to section 14.3(b), and
includes any such period or periods of time by which the Province extends that
time in accordance with section A14.4.
"Parties" means the Province and the Recipient.
"Party" means either the Province or the Recipient.
"Project" means the undertaking described in Schedule "C.
"Reports" means the reports described in Schedule "F".
A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1 General. The Recipient represents, warrants, and covenants that:
(a) it is, and will continue to be, a validly existing legal entity with full power
to fulfill its obligations under the Agreement;
(b) it has, and will continue to have, the experience and expertise necessary
to carry out the Project;
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(c) it is in compliance with, and will continue to comply with, all federal and
provincial laws and regulations, all municipal by-laws, and any other
orders, rules, and by-laws related to any aspect of the Project, the
Funds, or both; and
(d) unless otherwise provided for in the Agreement, any information the
Recipient provided to the Province in support of its request for funds
(including information relating to any eligibility requirements) was true
and complete at the time the Recipient provided it and will continue to be
true and complete.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a) the full power and authority to enter into the Agreement; and
(b) taken all necessary actions to authorize the execution of the Agreement.
A2.3 Governance. The Recipient represents, warrants, and covenants that it has,
will maintain in writing, and will follow:
(a) a code of conduct and ethical responsibilities for all persons at all levels
of the Recipient's organization;
(b) procedures to enable the Recipient's ongoing effective functioning;
(c) decision-making mechanisms for the Recipient;
(d) procedures to enable the Recipient to manage Funds prudently and
effectively;
(e) procedures to enable the Recipient to complete the Project successfully;
(f) procedures to enable the Recipient to identify risks to the completion of
the Project and strategies to address the identified risks, all in a timely
manner;
(g) procedures to enable the preparation and submission of all Reports
required pursuant to Article A7.0; and
(h) procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to enable the Recipient to carry out its
obligations under the Agreement.
A2.4 Supporting Proof. Upon the request of the Province, the Recipient will
provide the Province with proof of the matters referred to in this Article A2.0.
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A3.0 TERM OF THE AGREEMENT
A11 Term. The term of the Agreement will commence on the Effective Date and will
expire on the Expiry Date unless terminated earlier pursuant to Article Al 2.0,
Article A13.0, or Article A14.0.
A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will:
(a) provide the Recipient up to the Maximum Funds for the purpose of
carrying out the Project;
(b) provide the Funds to the Recipient in accordance with the Payment Plan
attached to the Agreement as Schedule "E"; and
(c) deposit the Funds into an account designated by the Recipient provided
that the account:
(i) resides at a Canadian financial institution; and
(ii) is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1:
(a) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the certificates of insurance or other proof as the
Province may request pursuant to section A11.2;
(b) the Province is not obligated to provide instalments of Funds until it is
satisfied with the progress of the Project;
(c) the Province may adjust the amount of Funds it provides to the Recipient
in any Funding Year based upon the Province's assessment of the
information the Recipient provides to the Province pursuant to section
A7.1; and
(d) if, pursuant to the Financial Administration Act (Ontario), the Province
does not receive the necessary appropriation from the Ontario Legislature
for payment under the Agreement, the Province is not obligated to make
any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the
Recipient, change the Project; or
(ii) terminate the Agreement pursuant to section A13.1.
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A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the
following:
(a) carry out the Project;
(b) use the Funds only for the purpose of carrying out the Project;
(c) spend the Funds only in accordance with the Budget;
(d) not use the Funds to cover any cost that has or will be funded or
reimbursed by one or more of any third party, ministry, agency, or
organization of the Government of Ontario.
A4.4 Interest Bearing Account. If the Province provides Funds before the
Recipient's immediate need for the Funds, the Recipient will place the Funds in
an interest bearing account in the name of the Recipient at a Canadian financial
institution.
A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may:
(a) deduct an amount equal to the interest from any further instalments of
Funds; or
(b) demand from the Recipient the repayment of an amount equal to the
interest.
A4.6 Maximum Funds. The Recipient acknowledges that the Funds available to it
pursuant to the Agreement will not exceed the Maximum Funds.
A4.7 Rebates, Credits, and Refunds. The Recipient acknowledges that the
amount of Funds available to it pursuant to the Agreement is based on the
actual costs to the Recipient to carry out the Project, less any costs (including
taxes) for which the Recipient has received, will receive, or is eligible to receive,
a rebate, credit, or refund.
A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL
OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds,
it will:
(a) do so through a process that promotes the best value for money; and
(b) comply with the Broader Public Sector Accountability Act, 2010
(Ontario), including any procurement directive issued thereunder, to the
extent applicable.
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A5.2 Disposal. The Recipient will not, without the Province's prior written consent,
sell, lease, or otherwise dispose of any asset purchased or created with the
Funds or for which Funds were provided, the cost of which exceeded the
amount as provided for in Schedule "B" at the time of purchase.
A6.0 CONFLICT OF INTEREST
AM No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without an actual, potential, or perceived conflict of interest.
A6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of
interest includes any circumstances where:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient's decisions,
has outside commitments, relationships, or financial interests that could, or
could be seen to, interfere with the Recipient's objective, unbiased, and
impartial judgment relating to the Project, the use of the Funds, or both.
A6.3 Disclosure to Province. The Recipient will:
(a) disclose to the Province, without delay, any situation that a reasonable
person would interpret as an actual, potential, or perceived conflict of
interest; and
(b) comply with any terms and conditions that the Province may prescribe
as a result of the disclosure.
A7.0 REPORTS, ACCOUNTING, AND REVIEW
A7.1 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address referred to in section A18.1, all
Reports in accordance with the timelines and content requirements
provided for in Schedule "F", or in a form as specified by the Province
from time to time;
(b) submit to the Province at the address referred to in section A18.1, any
other reports as may be requested by the Province in accordance with
the timelines and content requirements specified by the Province;
(c) ensure that all Reports and other reports are completed to the
satisfaction of the Province; and
CO2017 Case Number: 2016-10-1-488023557 9
(d) ensure that all Reports and other reports are signed on behalf of the
Recipient by an authorized signing officer.
A7.2 Record Maintenance. The Recipient will keep and maintain:
(a) all financial records (including invoices) relating to the Funds or
otherwise to the Project in a manner consistent with generally accepted
accounting principles; and
(b) all non-financial documents and records relating to the Funds or
otherwise to the Project.
A7.3 Inspection. The Province, any authorized representative, or any independent
auditor identified by the Province may, at the Province's expense, upon twenty-
four hours' Notice to the Recipient and during normal business hours, enter
upon the Recipient's premises to review the progress of the Project and the
Recipient's allocation and expenditure of the Funds and, for these purposes,
the Province, any authorized representative, or any independent auditor
identified by the Province may take one or more of the following actions:
(a) inspect and copy the records and documents referred to in section A7.2;
(b) remove any copies made pursuant to section A7.3(a) from the
Recipient's premises; and
(c) conduct an audit or investigation of the Recipient in respect of the
expenditure of the Funds, the Project, or both.
A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3, the
Recipient will disclose any information requested by the Province, any
authorized representatives, or any independent auditor identified by the
Province, and will do so in the form requested by the Province, any authorized
representative, or any independent auditor identified by the Province, as the
case may be.
A7.5 No Control of Records. No provision of the Agreement will be construed so
as to give the Province any control whatsoever over the Recipient's records.
A7.6 Auditor General. For greater certainty, the Province's rights under this Article
are in addition to any rights provided to the Auditor General pursuant to section
9.1 of the Auditor General Act (Ontario).
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A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledge Support. Unless otherwise directed by the Province, the
Recipient will:
(a) acknowledge the support of the Province for the Project; and
(b) ensure that the acknowledgement referred to in section A8.1(a) is in a
form and manner as directed by the Province.
A8.2 Publication. The Recipient will indicate, in any of its Project-related
publications, whether written, oral, or visual, that the views expressed in the
publication are the views of the Recipient and do not necessarily reflect those
of the Province.
A9.0 FURTHER CONDITIONS
A9.1 Additional Provisions. The Recipient will comply with any Additional
Provisions. In the event of a conflict or inconsistency between any of the
requirements of the Additional Provisions and any requirements of this
Schedule "A", the Additional Provisions will prevail.
A10.0 INDEMNITY
A10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless
the Indemnified Parties from and against any and all liability, loss, costs,
damages, and expenses (including legal, expert and consultant fees), causes
of action, actions, claims, demands, lawsuits, or other proceedings, by
whomever made, sustained, incurred, brought, or prosecuted, in any way
arising out of or in connection with the Project or otherwise in connection with
the Agreement, unless solely caused by the negligence or wilful misconduct of
the Indemnified Parties.
A10.2 Recipient's Participation. The Recipient will, at its expense, to the extent
requested by the Province, participate in or conduct the defence of any proceeding
against any Indemnified Parties and any negotiations for their settlement.
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A10.3 Province's Election. The Province may elect to participate in or conduct the
defence of any proceeding by providing Notice to the Recipient of such election
without prejudice to any other rights or remedies of the Province under the
Agreement, at law, or in equity. Each Party participating in the defence will do
so by actively participating with the other's counsel.
All 0.4 Settlement Authority. The Recipient will not enter into a settlement of any
proceeding against any Indemnified Parties unless the Recipient has obtained
the prior written approval of the Province. If the Recipient is requested by the
Province to participate in or conduct the defence of any proceeding, the
Province will co-operate with and assist the Recipient to the fullest extent
possible in the proceeding and any related settlement negotiations.
A10.5 Recipient's Co-operation. If the Province conducts the defence of any
proceedings, the Recipient will co-operate with and assist the Province to the
fullest extent possible in the proceedings and any related settlement negotiations
A11.0 INSURANCE
A11.1 Recipient's Insurance. The Recipient represents, warrants, and covenants
that it has, and will maintain, at its own cost and expense, with insurers having
a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary
and appropriate insurance that a prudent person carrying out a project similar
to the Project would maintain, including commercial general liability insurance
on an occurrence basis for third party bodily injury, personal injury, and
property damage, to an inclusive limit of not less than the amount provided for
in Schedule "B" per occurrence. The policy will include the following:
(a) the Indemnified Parties as additional insureds with respect to liability
arising in the course of performance of the Recipient's obligations under,
or otherwise in connection with, the Agreement;
(b) State that the insured party is the recipient organization with whom the
Province has contracted;
(c) Identify the Ministry of Tourism, Culture and Sport as an additional
insured, represented in the following language, "Her Majesty the Queen in
right of Ontario, her ministers, agents, appointees and employees";
(d) Identify the date of coverage;
(e) Identify the type and amount of coverage (Commercial General Liability
insurance is listed and is on an occurrence basis for $2 million). The policy
must include:
i. Third party bodily injury;
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ii. Personal injury;
iii. Property damage;
iv. A cross-liability clause; and
v. Contractual liability coverage;
(f) Include a statement that the certificate holder (the Province) will be notified
of any cancellation or material change in writing within 30 days; and
(g) Include the signature of an authorized insurance representative.
A11.2 Proof of Insurance. The Recipient will:
(a) provide to the Province, either:
(i) certificates of insurance that confirm the insurance coverage as
provided for in section A11.1; or
(ii) other proof that confirms the insurance coverage as provided for
in section A11.1; and
(b) upon the request of the Province, provide to the Province a copy of any
insurance policy.
Al2.0 TERMINATION ON NOTICE
Al2.1 Termination on Notice. The Province may terminate the Agreement at any
time without liability, penalty, or costs upon giving at least 30 days' Notice to the
Recipient.
Al2.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section Al2.1, the Province may take
one or more of the following actions:
(a) cancel all further instalments of Funds;
(b) demand the repayment of any Funds remaining in the possession or
under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the
Project, and do either or both of the following:
(i) permit the Recipient to offset such costs against the amount the
Recipient owes pursuant to section Al2.2(b); and
(ii) subject to section A4.7, provide Funds to the Recipient to cover
such costs.
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A13.0 TERMINATION WHERE NO APPROPRIATION
A13.1 Termination Where No Appropriation. If, as provided for in section A4.2(d),
the Province does not receive the necessary appropriation from the Ontario
Legislature for any payment the Province is to make pursuant to the
Agreement, the Province may terminate the Agreement immediately without
liability, penalty, or costs by giving Notice to the Recipient.
A13.2 Consequences of Termination Where No Appropriation. If the Province
terminates the Agreement pursuant to section A13.1, the Province may take
one or more of the following actions:
(a) cancel all further instalments of Funds;
(b) demand the repayment of any Funds remaining in the possession or
under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the
Project and permit the Recipient to offset such costs against the amount
owing pursuant to section Al 3.2(b).
A13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to
section Al 3.2(c) exceed the Funds remaining in the possession or under the
control of the Recipient, the Province will not provide additional Funds to the
Recipient.
A14.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT
A14.1 Events of Default. Each of the following events will constitute an Event of
Default:
(a) in the opinion of the Province, the Recipient breaches any representation,
warranty, covenant, or other material term of the Agreement, including
failing to do any of the following in accordance with the terms and
conditions of the Agreement:
(i) carry out the Project;
(ii) use or spend Funds; or
(iii) provide, in accordance with section A7.1, Reports or such other
reports as may have been requested pursuant to section A7.1(b);
(b) the Recipient's operations, or its organizational structure, changes such
CO2017 Case Number: 2016-10-1-488023557 14
that it no longer meets one or more of the eligibility requirements of the
program under which the Province provides the Funds;
(c) the Recipient makes an assignment, proposal, compromise, or
arrangement for the benefit of creditors, or a creditor makes an
application for an order adjudging the Recipient bankrupt, or applies for
the appointment of a receiver; or
(d) the Recipient ceases to operate.
A14.2 Consequences of Events of Default and Corrective Action. If an Event of
Default occurs, the Province may, at any time, take one or more of the following
actions:
(a) initiate any action the Province considers necessary in order to facilitate
the successful continuation or completion of the Project;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province
determines appropriate;
(d) reduce the amount of the Funds;
(e) cancel all further instalments of Funds;
(f) demand the repayment of any Funds remaining in the possession or
under the control of the Recipient;
(g) demand the repayment of an amount equal to any Funds the Recipient
used, but did not use in accordance with the Agreement;
(h) demand the repayment of an amount equal to any Funds the Province
provided to the Recipient; and
(i) terminate the Agreement at any time, including immediately, without
liability, penalty or costs to the Province upon giving Notice to the
Recipient.
A14.3 Opportunity to Remedy. If, in accordance with section A14.2(b), the Province
provides the Recipient with an opportunity to remedy the Event of Default, the
Province will provide Notice to the Recipient of:
(a) the particulars of the Event of Default; and
(b) the Notice Period.
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A14.4 Recipient not Remedying. If the Province has provided the Recipient with an
opportunity to remedy the Event of Default pursuant to section A14.2(b), and:
(a) the Recipient does not remedy the Event of Default within the Notice
Period;
(b) it becomes apparent to the Province that the Recipient cannot
completely remedy the Event of Default within the Notice Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way
that is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the
actions provided for in sections A14.2(a), (c), (d), (e), (f), (g), (h), and (i).
A14.5 When Termination Effective. Termination under this Article will take effect as
provided for in the Notice.
A15.0 FUNDS AT THE END OF A FUNDING YEAR
A15.1 Funds at the End of a Funding Year. Without limiting any rights of the
Province under Article A14.0, if the Recipient has not spent all of the Funds
allocated for the Funding Year as provided for in the Budget, the Province may
take one or both of the following actions:
(a) demand the return of the unspent Funds; and
(b) adjust the amount of any further instalments of Funds accordingly.
A16.0 FUNDS UPON EXPIRY
A16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, return
to the Province any Funds remaining in its possession or under its control.
A17.0 REPAYMENT
A17.1 Repayment of Overpayment. If at any time the Province provides Funds in
excess of the amount to which the Recipient is entitled under the Agreement,
the Province may:
(a) deduct an amount equal to the excess Funds from any further
instalments of Funds; or
(b) demand that the Recipient pay an amount equal to the excess Funds to
the Province.
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A17.2 Debt Due. If, pursuant to the Agreement:
(a) the Province demands the payment of any Funds or an amount equal to
any Funds from the Recipient; or
(b) the Recipient owes any Funds or an amount equal to any Funds to the
Province, whether or not their return or repayment has been demanded
by the Province,
such Funds or other amount will be deemed to be a debt due and owing to the
Province by the Recipient, and the Recipient will pay or return the amount to
the Province immediately, unless the Province directs otherwise.
A17.3 Interest Rate. The Province may charge the Recipient interest on any money
owing by the Recipient at the then current interest rate charged by the Province
of Ontario on accounts receivable.
A17.4 Payment of Money to Province. The Recipient will pay any money owing to
the Province by cheque payable to the "Ontario Minister of Finance" and
delivered to the Province as provided for in Schedule "B".
A17.5 Fails to Repay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to repay any amount owing
under the Agreement, Her Majesty the Queen in right of Ontario may deduct
any unpaid amount from any money payable to the Recipient by Her Majesty
the Queen in right of Ontario.
A18.0 NOTICE
A18.1 Notice in Writing and Addressed. Notice will be in writing and will be
delivered by email, postage-prepaid mail, personal delivery, or fax, and will be
addressed to the Province and the Recipient respectively as provided for
Schedule "B", or as either Party later designates to the other by Notice.
A18.2 Notice Given. Notice will be deemed to have been given:
(a) in the case of postage-prepaid mail, five Business Days after the Notice
is mailed; or
(b) in the case of email, personal delivery, or fax, one Business Day after
the Notice is delivered.
A18.3 Postal Disruption. Despite section Al 8.2(a), in the event of a postal
disruption:
(a) Notice by postage-prepaid mail will not be deemed to be received; and
CO2017 Case Number: 2016-10-1-488023557 17
(b) the Party giving Notice will provide Notice by email, personal delivery, or
fax.
A19.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A19.1 Consent. When the Province provides its consent pursuant to the Agreement,
it may impose any terms and conditions on such consent and the Recipient will
comply with such terms and conditions.
A20.0 SEVERABILITY OF PROVISIONS
A20.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or
enforceability of any other provision of the Agreement. Any invalid or
unenforceable provision will be deemed to be severed.
A21.0 WAIVER
A21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement,
that Party may only rely on a waiver of the other Party if the other Party has
provided a written waiver in accordance with the Notice provisions in Article
A18.0. Any waiver must refer to a specific failure to comply and will not have
the effect of waiving any subsequent failures to comply.
A22.0 INDEPENDENT PARTIES
A22A Parties Independent. The Recipient is not an agent, joint venturer, partner, or
employee of the Province, and the Recipient will not represent itself in any way
that might be taken by a reasonable person to suggest that it is, or take any
actions that could establish or imply such a relationship.
A23.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A23.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights or obligations under the Agreement.
A23.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on the Parties' respective heirs, executors,
administrators, successors, and permitted assigns.
A24.0 GOVERNING LAW
A24.1 Governing Law, The Agreement and the rights, obligations, and relations of
the Parties will be governed by and construed in accordance with the laws of
the Province of Ontario and the applicable federal laws of Canada. Any actions
CO2017 Case Number: 2016-10-1-488023557 18
or proceedings arising in connection with the Agreement will be conducted in
the courts of Ontario, which will have exclusive jurisdiction over such
proceedings.
A25.0 FURTHER ASSURANCES
A25.1 Agreement into Effect. The Recipient will provide such further assurances as
the Province may request from time to time with respect to any matter to which
the Agreement pertains, and will otherwise do or cause to be done all acts or
things necessary to implement and carry into effect the terms and conditions of
the Agreement to their full extent.
A26.0 JOINT AND SEVERAL LIABILITY
A26.1 Joint and Several Liability. Where the Recipient is comprised of more than
one entity, all such entities will be jointly and severally liable to the Province for
the fulfillment of the obligations of the Recipient under the Agreement.
A27.0 RIGHTS AND REMEDIES CUMULATIVE
A27.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in
substitution for, any of its rights and remedies provided by law or in equity.
A28.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A28.1 Other Agreements. If the Recipient:
(a) has failed to comply with any term, condition, or obligation under any
other agreement with Her Majesty the Queen in right of Ontario or one of
Her agencies (a "Failure");
(b) has been provided with notice of such Failure in accordance with the
requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d) such Failure is continuing,
the Province may suspend the payment of Funds for such period as the
Province determines appropriate.
A29.0 SURVIVAL
A29.1 Survival. The following Articles and sections, and all applicable cross-
0O2017 Case Number: 2016-10-1-488023557 19
referenced sections and schedules, will continue in full force and effect for a
period of seven years from the date of expiry or termination of the Agreement:
Article 1.0, Article 3.0, Article A1.0 and any other applicable definitions,
sections A4.2(d), A4.5, section A5.2, section A7.1 (to the extent that the
Recipient has not provided the Reports or other reports as may have been
requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5,
A7.6, Article A8.0, Article A10.0, sections Al2.2, sections A13.2, A13.3,
sections A14.1, A14.2(d), (e), (f), (g) and (h), Article A16.0, Article A17.0, Article
A18.0, Article A20.0, section A23.2, Article A24.0, Article A26.0, Article A27.0,
Article A28.0 and Article A29.0.
END OF GENERAL TERMS AND CONDITIONS -
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SCHEDULE "B"
PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS
Maximum Funds Total Maximum Funds: $35,000.00
Expiry Date May 31, 2018
Amount for the purposes $1,000
of section A5.2 (Disposal)
of Schedule "A"
Insurance $ 2,000,000
Contact information for the Ministry of Tourism, Culture and Sport
purposes of Notice to the
Province 4275 King Street East
Kitchener, ON, N2P 2E9
Attention: Paul Samson, Tourism Industry Advisor
Email: paul.samson@ontario.ca
Tel: 519 650-2189
Contact information for the Corporation of the City of Niagara Falls
purposes of Notice to the
Recipient 4310 Queen Street
Niagara Falls, ON, L2E 6X5
Attention: Serge Felicetti, Director of Business
Development
Email: sfelicetti@niagarafalls.ca
Phone: 905 356-7521 x 5100
Additional Provisions:
None
CO2017 Case Number: 2016-10-1-488023557 21
SCHEDULE "C"
PROJECT DESCRIPTION
ENHANCEMENT PROJECT
BACKGROUND
The Province will provide Maximum Funds of up to $35,000.00 in enhancement Project
support to the Recipient to support the Niagara Falls New Year's Eve Show, to be held
in Niagara Falls.
PROJECT OBJECTIVE
The Recipient anticipates that the Project will attract 40,000 attendees, including 24,000
tourists with the following geographic origin:
■ Other Ontario — 14,000;
• Other Canada —0;
• United States —10,000; and
• International —0.
PROJECT SCOPE
The Niagara Falls New Year's Eve Show event is Niagara's busiest and best night of
the year as they celebrate with tens of thousands of cheering fans from Ontario and
Western New York including adults and families ready to party and ring in the new year.
The Show will include top quality Canadian entertainment with talent such as the Sam
Robert's Band. The outdoor concert will take place on December 31, 2017 at Niagara
Falls Queen Victoria Park on River Road across from the majestic Niagara Falls. The
earlier evening performance starts at 8:00 p.m. and will wind up with a fireworks display
for the younger families wishing to celebrate. Artist performances are scheduled for 8:00
p.m., 9:15 p.m., 10:30 p.m., and 11:45 p.m. with all performers coming out on stage for
the New Year's Eve countdown, confetti, song, and good cheer at midnight. The heated
main stage will be complete with two jumbotron screens positioned on either side of the
stage so that everyone has an excellent view of the stage and entertainment. A second
stage extending from the main stage will allow the artist to perform among the fans
giving attendees an extra advantage to engage with the artists.
Sponsor logos are displayed on the jumbotrons so all can appreciate the commitment
and support of event contributors as well as our tourism videos promoting Niagara and
the abundance of available attractions, events, accommodations, restaurants, and
entertainment. The Fireworks Show will include three amazing fireworks displays - one
at 9:00 p.m. (for the earlier audience) and the other two at the stroke of midnight from
CO2017 Case Number: 2016-10-1-488023557 22
the top of the Skylon Tower and the other over the Horseshoe Falls in celebration of
2017 and to ring in the new year. The bands will lead us in song with Auld Lang Syne
and continue on playing and celebrating with the audience.
The Celebrate Ontario 2017 program enhancement helps to provide activities including
a free concert with top quality Canadian talent.
TIMELINES
The Niagara Falls New Year's Eve Show will run from 31/12/2017 to 01/01/2018.
CO2017 Case Number: 2016-10-1-488023557 23
SCHEDULE (AD"
BUDGET
Enhancement Project
The Ministry of Tourism, Culture and Sport will provide Maximum Funds of$35,000.00 to the
Recipient to carry out the Niagara Falls New Year's Eve Show's Enhancement Project.
These Funds may be used to support the Project funded expenses detailed in the Table 2 of
this Budget.
Maximum Funds will not exceed the maximum level of funding of:
• 50% of the enhancement Project cash operating expenses, or
25% of base event cash operating expenses.
Whichever of those two amounts is less, to a maximum threshold depending on the funding
category, as outlined in the Celebrate Ontario 2017 Application Guide.
CO2017 Case Number: 2016-10-1-488023557 24
The Recipient's base event cash operating expenses without the enhancement project are
detailed in Table 1 below:
TABLE 1 — CASH OPERATING EXPENSES FOR BASE EVENT WITHOUT THE
ENHANCEMENT PROJECT
ITEM PLANNED BASE EVENT EXPENSES
Without the Enhancement Project
Entertainment $174,000.00
Stage Sound Lights $126,000.00
Security, EMS, Fire $42,000.00
Heavy Equipment for Site Setup $25,000.00
Accommodations - Entertainment/Crew $24,000.00
Event Trailers $23,000.00
Electrician, Site Crews, Volunteers $23,000.00
Fireworks $22,500.00
Ground Transportation $8,500.00
SOCAN Licence $8,000.00
Portable Washrooms $5,000.00
Hydro ESA Inspections $1,500.00
TOTAL $482,500.00
The Recipient's enhancement project cash operating expenses and Project funded expenses
are detailed in Table 2 below.
TABLE 2 — CASH OPERATING EXPENSES AND PROJECT FUNDED EXPENSES
FOR THE ENHANCEMENT PROJECT ONLY
PLANNED EXPENSES CELEBRATE ONTARIO
ITEM Enhancement Project ENHANCEMENT PROJECT
FUNDED EXPENSES
only
Enhancement Project only
Celebrate Ontario 2017 Project ELIGIBLE
Cash Expenses
Entertainment $55,000.00 $27,500
Accommodations- Entertainment/Crew $10,000.00 $5,000
Ground Transportation $5,000.00 $2,500
TOTAL $ZIl Q00 04 $�5' 000.00
CO2017 Case Number: 2016-10-1-488023557 25
NOTE
Decreases to either of the base event cash operating expenses or the enhancement project
cash operating expenses may result in an adjustment to the Maximum Funds provided for the
Enhancement Project.
Maximum Funds that the Province will provide the Recipient under the Agreement may be
adjusted accordingly as per Article 4, section 2 c.
As part of the Final Report requirements detailed in Schedule "I"', the Recipient is required to
report on final total event cash operating expenses and revenues, and enhancement Project
expenditures.
ENHANCEMENT PROJECT INELIGIBLE EXPENSES INCLUDE:
• Website development used to create and maintain an online presence, including web-
based marketing, promotion-based activities, booking and packaging.
• Printing of publications, production of television programming, videos, compact discs,
and mobile application development.
• Core administrative and overhead costs (e.g., rent, telephone and communication
lines/services, insurance, computers, utilities, maintenance costs, and any operational
expenses related to an organization's ongoing activities).
• Permanent staff salaries and travel costs.
• Legal, audit or interest fees.
• Consulting or other services that support the development of an operations or marketing
plan.
• Any costs incurred for events held outside Ontario.
• Budget deficits.
• Capital costs related to permanent structures or acquisitions (e.g., materials, labour,
motorized vehicles, land acquisition, purchase of equipment for project construction,
computers, etc.).
• Harmonized Sales Tax or refundable expenses (e.g., security deposits, etc.).
• Marketing costs targeting tourists making overnight stays who are in-province, overnight
audiences of less than 100 kilometres from the event.
• Competition prizes, prize money, and monies paid to competition participants.
• Alcohol.
• Advertising creative costs.
CO2017 Case Number: 2016-10-1-488023557 26
SCHEDULE "E"
PAYMENT PLAN
The Province will provide Maximum Funds to the Recipient in two installments, as outlined in
the following table.
PAYMENT DATE OR MILESTONE AMOUNT
Upon execution of this Agreement by $28,000.00
both parties
Upon submission of the Project Final $7,000.00
Report by March 2"d, 2018 and approval
by the Province
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SCHEDULE "F"
REPORTS
Name of Report Due Date
Project Final Report 02/03/2018
REPORT DETAILS
The Celebrate Ontario 2017 Project Final Report is to be downloaded, completed and submitted online
through the Grants Ontario System,
Additional Requirements
All Recipients must attach the following materials in the Grants Ontario System:
1. Confirmation of Actual Expenses document
2. A summary of all invoices for your funded project and marketing campaign as
laid out in Schedule "D" of your TPA. The summary should include date, amount,
payee and description of expense.
3. A summary of all Government of Ontario acknowledgements made using the
Ontario logo associated with your Celebrate Ontario grant.
4. Reports and publication produced as part of your funded project/marketing,
including media summaries, economic impact studies, visitor surveys.
5. Financial Statements:
a) For recipients of a Celebrate Ontario grant of$75,000 or more:
Audited financial statements or review engagement reports clearly
indicating total event expenditures and revenues and Project/ Marketing
expenditures.
b) For recipients of a Celebrate Ontario grant of less than $75,000:
Board-endorsed or treasurer-certified financial statements clearly
indicating total event expenditures and revenues and Project/Marketing
expenditures.
NOTE: The Auditor, Board of Directors or Treasurer (depending on your level of funding
per above) must confirm the Celebrate Ontario funded expenditures and provide an
opinion on the eligibility of the expenses, with a statement such as the following:
"In our opinion, the statement of Provincial revenue and expenditures of [org. name] for
[event name] for the period [dates that statement covers] is prepared, in all material
respects, in accordance with the financial reporting provisions in Article 7 of the Ministry
of Tourism, Culture and Sport Agreement dated [date of Agreement] between [org.
name] and Her Majesty the Queen in right of Ontario."
CO2017 Case Number: 2016-10-1-488023557 28
If financial statements are not ready when filing your Final Report, provide a signed letter
by your most senior financial officer indicating the date they will be available and
forwarded to the Ministry.
6. Any other details or documents that maybe requested by the Province.
CO2017 Case Number: 2016-10-1-488023557 29
CITY OF NIAGARA FALLS
By-law No. 2017 - 81
A by-law to adopt, ratify and confirm the actions of City Council at its special meeting
held on the 22nd day of June, 2017.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of
Council as herein set forth be adopted, ratified and confirmed by by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its special meeting held on the 22"d day of June,
2017 including all motions, resolutions and other actions taken by the Council at
its said meeting, are hereby adopted, ratified and confirmed as if they were
expressly embodied in this by-law, except where the prior approval of the Ontario
Municipal Board or other authority is by law required or any action required by
law to be taken by resolution.
2. Where no individual by-law has been or is passed with respect to the taking of
any action authorized in or with respect to the exercise of any powers by the
Council, then this by-law shall be deemed for all purposes to be the by-law
required for approving, authorizing and taking of any action authorized therein or
thereby, or required for the exercise of any powers thereon by the Council
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls
are hereby authorized and directed to do all things necessary to give effect to the
said actions of the Council or to obtain approvals where required, and, except
where otherwise provided, the Mayor and the Clerk are hereby authorized and
directed to execute all documents arising therefrom and necessary on behalf of
the Corporation of the City of Niagara Falls and to affix thereto the corporate seal
of the Corporation of the City of Niagara Falls.
Passed this twenty-second day of June, 2017.
.............................................................. ............................................I..............
.....
BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: June 22, 2017
Second Reading: June 22, 2017
Third Reading: June 22, 2017